Section 6-B304. SENIOR EXECUTIVE ATTORNEY SERVICE RESIDENCY REQUIREMENT

304.1Any attorney appointed to the Senior Executive Attorney Service (SEAS) under the authority of D.C. Official Code §§ 1-608.51 et seq. (2012 Repl.) shall:

 

(a) Be a bona fide resident of the District of Columbia at the time of appointment and remain a District resident for the duration of employment; or

 

(b) Become a bona fide resident of the District of Columbia within one-hundred eighty (180) days of his or her appointment and remain a District resident for the duration of employment.

 

304.2Each person appointed to the SEAS shall be informed in writing by the personnel authority of the residency provisions of Subsections 304.1 and 304.4 before the effective date of appointment.

 

304.3On the date of appointment, each person appointed to the SEAS shall be informed in writing by the personnel authority of the residency provisions of Subsections 304.1 and 304.4.

 

304.4Failure to meet the residency requirement set forth in Subsection 304.1 shall result in forfeiture of employment.

 

304.5The residency requirement set forth in this section shall not apply to any person appointed to the SEAS who meets either of the following criteria:

 

(a) Any person who was employed by the District of Columbia government on December 31, 1979, and who is still employed by the District of Columbia government without having had a break in service of one (1) workday or more since that date; or

 

(b) Pursuant to the provisions of Section 7 of Pub. L. 98-621, any former employee of the U.S. Department of Health and Human services at St. Elizabeths Hospital who accepted employment with the District government without a break in service effective October 1, 1987, and who has not had a break in service since that date. 

 

304.6Upon request, the Director of the D.C. Department of Human Resources (Director of DCHR), may waive the residency requirement for a new hire appointed to a hard to fill position in the SEAS, as follows:

 

(a)The Attorney General in the case of the OAG and any independent personnel authority subject to D.C. Official Code §§ 1-608.51 et seq. (2012 Repl.), may request a waiver of the residency requirement to the Director of DCHR, for a new hire appointed to a hard to fill position in the SEAS.

 

(b)For the purposes of this section, the term “hard to fill position” shall have the meaning ascribed in Section 399 of this chapter, except that a SEAS position shall be designated as hard to fill only by the Director of DCHR.

 

(c)Any request for a waiver shall be in writing, made and granted before the effective date of appointment of the candidate for the waiver.

 

(d)Any request for a waiver shall include appropriate documentation and information to demonstrate that the position is hard to fill and justify consideration of the request.  Appropriate documentation and information demonstrating that the position is hard to fill shall include but not be limited to:

 

(1)A statement containing the qualification requirements for the position, and explaining the uniqueness of the duties and responsibilities of the position and the unusual combination of highly specialized qualification requirements which make it hard to fill;

 

 (2)A copy of the position description or statement of duties for the position;

 (3)A copy of the recruitment plan for the position or a statement explaining the recruitment plan;

 

 (4)Copies of any vacancy announcements or other types of advertisement issued and published for the position;

 

(5)A statement detailing any special outreach and recruitment efforts undertaken in trying to fill the position and the date on which recruitment efforts to fill the position began;

 (6)The employment application or résumé of the person for which the waiver is being requested; and

 

(7)A statement explaining the reasons why the waiver should be granted.

 

304.7Upon receipt of a request for a waiver pursuant to this section, the Director of DCHR, shall promptly determine whether to grant the waiver and notify the requestor of the decision, in writing.     

 

304.8Any employee occupying a position in the SEAS for which a waiver of the residency requirement has been granted pursuant to Subsection 304.6 shall be exempt from the residency requirement for as long as he or she continues to occupy that position.

 

 

authority

Mayor’s Order 2008-92, dated June 26, 2008; in accordance with the Jobs for D.C. Residents Amendment Act of 2007, effective February 6, 2008 (D.C. Law 17-108; D.C. Official Code § 1-515.01 (2012 Repl.)); and in accordance with the provisions of Sections 801(e), 859, 957, and 1059 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (CMPA), effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code §§ 1-608.01 (e), 1-608.59, 1-609.57, and 1-610.59 (2014 Repl.)).

source

Final Rulemaking published at 37 DCR 851 (January 26, 1990); as amended by Final Rulemaking published at 40 DCR 2485 (April 16, 1993); as amended by Final Rulemaking published at 47 DCR 2416 (April 7, 2000); as amended by Final Rulemaking published at 50 DCR 6993 (August 22, 2003); as amended by Final Rulemaking published at 56 DCR 3667 (May 8, 2009); as amended by Final Rulemaking published at 62 DCR 11889 (August 28, 2015).