Section 6-B1618. NOTICES OF PROPOSED ACTION

1618.1Except in the case of a summary actions, described in § 1616, an agency contemplating a corrective, adverse, or enforced leave action shall provide the employee a notice of proposed action. Such notices shall be delivered to the employee:

(a)No less than five (5) days prior to implementing an enforced leave action;

(b)No less than ten (10) days prior to implementing a corrective action; and

(c)No less than fifteen (15) days prior to implementing an adverse action.

1618.2The notice of the proposed action shall inform the employee of the following:

(a)The type of proposed action (corrective, adverse, or enforced leave);

(b)The nature of the proposed action (days of suspension or enforced leave, reduction in grade, reassignment, or removal);

(c)The specific performance or conduct at issue;

(d)How the employee’s performance or conduct fails to meet appropriate standards; and

(e)The name and contact information of the anticipated deciding official, or if a removal action, the anticipated hearing officer for the administrative review.

1618.3In addition to the information outlined in § 1618.2 the notice shall advise the employee of his or her right to:

(a)Review any material upon which the proposed action is based;

(b)Prepare a written response to the notice, as provided for § 1621;

(c)Representation by an attorney or other representative; and

(d)An administrative review in the case of a removal.

1618.4The notice shall be approved and signed by a proposing official, who must be a manager within the employee’s chain of command or a management official designated by the personnel authority.

1618.5The material upon which the notice of proposed action is based, and which is necessary to support the reasons given in the notice, shall be assembled and provided to the employee along with the notice, unless impractical. If the materials cannot be provided at the time of notice, they shall be made available to the employee for his or her review, upon request.

1618.6The notice of proposed actions and supporting materials shall be served upon the employee. Service shall be accomplished by delivering the notice and materials to the employee in person, or to the employee’s address of record by a commercial courier that provides delivery tracking and confirmation information. However, service shall also be deemed proper upon a showing that the employee actually received delivery of the notice, irrespective of delivery method.

1618.7For notices of proposed actions delivered in person, the employee to whom the notice is issued shall be asked to certify its receipt in writing. If the employee refuses to certify receipt, a brief descriptive written statement, signed by a witness to the refusal, may be used as evidence of service.

1618.8For purposes of §§ 1618.6 and 1618.7, service shall be deemed effective when the employee has actual notice of the proposed actions.

1618.9Except in the case of a summary action in § 1615, employees shall remain in an active duty status pending issuance of a final determination of the proposed action pursuant to § 1623.

 

authority

Mayor’s Order 2008-92, dated June 26, 2008, and Sections 404 and 1651 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code §§ 1-604.04, and 1-616.51 et seq. (2014 Repl.)).

source

Final Rulemaking published at 34 DCR 1845 (March 20, 1987); as amended by Final Rulemaking published at 37 DCR 8297 (December 21, 1990); 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).