Section 6-B1605. MISCONDUCT; PERFORMANCE DEFICITS

1605.1District employees are expected to demonstrate high standards of integrity, both on and off the job, guided by established standards of conduct and other Federal and District laws, rules and regulations. When established standards of conduct are violated or performance measures are not met, or the rules of the workplace are disregarded, corrective action or adverse action is warranted to encourage conformity to acceptable behavioral and performance standards or to protect operational integrity.

1605.2Taking a corrective or adverse action against an employee is appropriate when the employee fails to or cannot meet identifiable conduct or performance standards, which adversely affects the efficiency or integrity of government service. Before initiating such action, management shall conduct an inquiry into any apparent misconduct or performance deficiency (collecting sufficient information from available sources, including when appropriate the subject employee) to ensure the objective consideration of all relevant facts and aspects of the situation.

1605.3Whether an employee fails to meet performance standards shall be determined by application of the provisions set forth in Chapter 14.

1605.4Though not exhaustive, the following classes of conduct and performance deficits constitute cause and warrant corrective or adverse action:

(a)Conduct prejudicial to the District of Columbia government, including:

(1)Conviction of any felony;

 

(2)Conviction of any criminal offense that is related to the employee’s duties or his or her agency’s mission;

 

(3)Conduct that an employee should reasonably know is a violation of law or regulation; and

 

(4)Off-duty conduct that adversely affects the employee’s job performance or trustworthiness, or adversely affects the employing agency’s mission or has an otherwise identifiable nexus to the employee’s position.

 

(b)False Statements, including:

(1)Deliberate falsification of an application for employment or other personal history record by omission of a material fact or by making a false entry;

 

(2)Misrepresentation, falsification, or concealment of material facts or records in connection with an official matter;

(3)Knowingly and willfully making an incorrect entry on an official record or approving an incorrect official record; and

 

(4)Knowingly and willfully reporting false or misleading information or purposely omitting material facts, to any supervisor.

 

(c)Fiscal irregularities;

(d)Failure or refusal to follow instructions;

(e)Neglect of duty;

(f)Attendance-related offenses, including:

(1) Unexcused tardiness;

 

(2) Unauthorized absence; and

 

(3) Falsification of official records concerning attendance (i.e. timesheets, overtime requests, etc.).

 

(g) Using, being under the influence of, or testing positive for an intoxicant while on duty;

(h) Unlawful possession of a controlled substance or paraphernalia or testing positive for an unlawful controlled substance while on duty;

(i)Safety and health violations;

(j)Discriminatory practices;

(k)Sexual misconduct;

(l)Prohibited personnel practices;

(m)Failure to meet performance standards; and

(n)Inability to carry out assigned responsibilities or duties.

1605.5An employee of the Department of Corrections, Department of Youth Rehabilitation Services, or the Metropolitan Police Department; an employee authorized to carry a firearm while on-duty; or a commissioned special police officer shall be deemed to have engaged in conduct prejudicial to the District of Columbia if:

(a)The employee engages in any act or omission that constitutes a criminal offense; or

(b)There is any credible evidence that the employee unlawfully used a controlled substance.

 

authority

Child and Youth, Safety and Health Omnibus Amendment Act of 2004 (CYSHA), effective April 13, 2005 (D.C. Law 15-353; D.C. Official Code §§ 4-1501.01 et seq. (2012 Repl.)); Sections 422 (2), (3), and (11) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 790; D.C. Official Code §§ 1-204.22(2), (3), and (11) (2016 Repl.)); Mayor’s Order 2008-92, dated June 26, 2008; and Mayor’s Order 2012-84, dated June 18, 2012, and with the concurrence of the City Administrator

source

Final Rulemaking published at 34 DCR 1845 (March 20, 1987); as amended by Final Rulemaking published at 47 DCR 7094 (September 1, 2000); as amended by Final Rulemaking published at 51 DCR 7951 (August 13, 2004); as amended by Final Rulemaking published at 63 DCR 1265 (February 5, 2016); as amended by Final Rulemaking published at 64 DCR 4623 (May 12, 2017).