Section 6-B1613. CORRECTIVE ACTIONS

 

1613.1A corrective action is a reprimand, reassignment, or suspension of less than ten (10) workdays.

1613.2 Except in the case of a reprimand, when a corrective action is warranted, the agency shall:

(a) Provide a notice of proposed action, in accordance with § 1618;

(b) Afford the employee an opportunity to respond, in accordance with § 1621;

(c) Provide a final decision on the proposed action, in accordance with § 1623; and

(d) If a corrective action is taken, notify the employee of his or her right to grieve the final decision pursuant to §§ 1626 through 1637, or pursuant to an applicable labor agreement.

1613.3 Immediately following the issuance of a notice of proposed corrective action for a suspension pursuant to § 1613.2(a), the proposing official may conduct a resolution conference with the employee and his or her union representative (if any):

 

(a) Through a resolution conference, the proposing official and affected employee may agree to a suspension which is shorter in time than the suspension in the notice of proposed action, or a reprimand in lieu of suspension.

(b) Participation in a resolution conference does not constitute an election of remedies between the employee and the personnel authority; unless it results in a binding agreement between both parties.

(c) To be valid and binding, any agreement reached between the proposing official and the employee shall be reduced to a written agreement, in which the employee voluntarily waives his or her right to file a grievance or appeal concerning any circumstances that give rise to the notice of proposed action under this chapter or pursuant to the provisions of a negotiated labor agreement.

(d) The proposing official may defer the effective date of a proposed suspension by no more than five (5) days to accommodate the resolution conference process.

(e) Statements concerning an agreement during the resolution conference process may not be used by any party as evidence or precedent in any other disciplinary action. Nevertheless, the outcome of a resolution conference may be considered in the future for purposes of progressive discipline.

1613.4The use of resolution conferences shall be limited only to proposed suspensions of less than ten (10) days.

 

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 63 DCR 1265 (February 5, 2016); as amended by Final Rulemaking published at 64 DCR 4623 (May 12, 2017).