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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 6. PERSONNEL |
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SubTilte 6-B. GOVERNMENT PERSONNEL |
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Chapter 6-B16. CORRECTIVE AND ADVERSE ACTIONS; ENFORCED LEAVE; AND GRIEVANCES |
Section 6-B1699. DEFINITIONS: GENERAL DISCIPLINE AND GRIEVANCES
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1699.1As used in this chapter the following meanings apply –
Administrative leave – an excused absence with full pay and benefits that is not charged to annual leave or sick leave
Admonition – any written communication from a supervisor or manager to an employee, up to but excluding an official reprimand, that advises or counsels the employee about conduct or performance deficiencies, and the possibility that future violations will result in corrective or adverse action.
Adverse action – a suspension of ten (10) workdays or more, a reduction in grade, or a removal.
Agency – any unit of the District of Columbia government, excluding the courts, required by law or by the Mayor of the District of Columbia to administer any law, rule, or any regulation adopted under authority of law. The term “agency” shall also include any unit of the District of Columbia government created by the reorganization of one (1) or more of the units of an agency and any unit of the District of Columbia government created or organized by the Council of the District of Columbia as an agency, and shall include boards and commissions as described in D.C. Official Code § 1-603.01(13).
Cause – a reason that is neither arbitrary nor capricious, such as misconduct or performance deficits, which warrants administrative action, including corrective and adverse actions. The classes of conduct and performance deficits outlined in § 1605 constitute causes for corrective and adverse action.
Conduct – the act, manner or process taken by an employee to carry on, including the lack or omission of taking action or carrying out duties and responsibilities.
Corrective action – an official reprimand, involuntary reassignment or a suspension of less than ten (10) workdays.
Days – are calendar days for all periods of more than ten (10) days; otherwise, days are workdays.
Deciding official – the individual who issues a final decision on a disciplinary action in accordance with § 1623.
Disciplinary action – a corrective or adverse action taken against an employee.
Enforced leave – involuntary placement of an employee in a leave status in accordance with § 1617.
Ex parte communication – an oral or written communication between a hearing officer and only one of the parties, either the employee or management.
Exempt employee – individuals serving the District of Columbia in the Management Supervisory Services.
Grievance official – see § 1628.
Hearing officer – an impartial individual who assess the sufficiency of a proposed action consistent with § 1622.
Independent agency – an agency that is not subject to the administrative control of the Mayor.
Manager – an individual responsible for controlling or administering all or part of an agency or its operation. The term “manager” includes all individuals who supervise others and are employed in the Executive, Excepted and Management Supervisory Services, and similar managerial at-will employees.
Nexus – connection or link (such as a connection to an employee’s duties and responsibilities).
Personal history –information about a specific individual, including information about his or her educational, financial, criminal, or employment status or history.
Personnel authority – an individual or entity with the authority to administer all or part of a personnel management program as provided in D.C. Official Code §§ 1-604.01 et seq.
Progressive disciplinary process – refers to the incremental steps to correct either misconduct or systemic performance deficits. Typically, the process includes verbal counseling, reprimand, corrective action and adverse action.
Proposing official – an agency head or an official authorized by the agency head to issue a written notice of proposed corrective or adverse action or enforced leave.
Reduction in grade – an involuntary action that changes an employee to a lower grade level, typically with lower pay.
Removal – the involuntary separation of an employee from District government service.
Reprimand – a written, official censure of an employee that is placed in the employee’s Official Personnel Folder.
Subordinate agency – any agency under the direct administrative control of the Mayor.
Summary action – an action taken to immediately suspend or separate an employee pursuant to § 1616.
Suspension – the temporary placing of an employee in a non-duty, non-pay status.
Standard - any criterion, guideline, or measure established by appropriate authority for the purpose of making objective comparisons or determinations for such purposes, including, but not limited to, the classification of positions, establishment of pay, evaluation of qualifications, and appraisal of work performance.
Temporary appointment – a Career Service appointment effected as provided in Chapter 8 of these regulations that has a specific time limitation of one (1) year or less.
Toll - to delay, suspend or hold off the effect of a statute, regulation or rule.
With prejudice – mean without the ability to re-bring an action; for example, a grievance dismissed with prejudice cannot be reinitiated and the dismissal is final.
Supervisor – an individual who supervises another employee or his or her activities.