Section 6-B2420. RELEASE FROM COMPETITIVE LEVEL

 

2420.1A competing employee shall not be released from a competitive level while any of the following is retained in that level:

 

(a)An employee with a specifically limited temporary appointment;

 

(b)An employee with a specifically limited temporary or term promotion; or

 

(c)An employee with a performance rating of  ”Inadequate Performer” or a current performance rating at the level equivalent to “Inadequate Performer” under the Legal Service performance appraisal system set forth in chapter 36 of these regulations as applicable.

 

2420.2A competing employee shall not be released from a competitive level while an employee with lower retention standing is retained in that level, except as required under section 2421 of this chapter when an employee is retained under a mandatory exception.

 

2420.3Competing employees shall be selected for release from a competitive level in the inverse order of retention standing, beginning with the employee with the lowest retention standing on the retention register.

 

2420.4When one (1) or more but not all employees with the same reduction-in-force service computation dates in the same tenure group must be released from a competitive level, the ties shall be broken as follows:

 

(a)The employee who encumbers the position to be abolished shall be released;

 

(b)If still tied, the employee who has the least service in the agency shall be released; and

 

(c)If still tied, the last digit of the social security number shall be used, and the employee with the lowest last digit shall be released.

 

2420.5When an employee is selected for release from his or her competitive level, the personnel authority shall separate the employee from service.

 

2420.6Career Service employees who have transitioned from the Performance Evaluation System (PES) established in accordance with part II of chapter 14 of the District Personnel Manual to the Performance Management system set forth in chapter 14 of these regulations will receive their first (1st) performance rating under the new system on or after September 30, 2009.  For reductions in force occurring before an employee receives a rating under the new performance rating system; and for the purposes of subsection 2420.1 of this section, official performance ratings under the PES shall be utilized, as applicable.  The same shall apply to any Legal Service employees transitioning to another performance appraisal system, as appropriate.

 

authority

The Director of the D.C. Department of Human Resources, with the concurrence of the City Administrator, pursuant to Mayor’s Order 2008-92, dated June 26, 2008, and in accordance with sections 2401 through 2409 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 §§ 1-624.01, et seq. (2006 Repl. & 2011 Supp.))

source

As amended by Final Rulemaking published at 40 DCR 2114 (March 26, 1993); as amended by Final Rulemaking published at 44 DCR 3933 (July 11, 1997); as amended by Final Rulemaking published at 47 DCR 2425 (April 7, 2000); as amended by Final Rulemaking published at 50 DCR 10573 (December 12, 2003); as amended by Final Rulemaking published at 55 DCR 12899, 12902 (December 26, 2008); as amended by Final Rulemaking published at 59 DCR 8400, 8408 (July 13, 2012).