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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-B3. RESIDENCY |
Section 6-B305. EXCEPTED SERVICE AND EXECUTIVE SERVICE DOMICILE REQUIREMENT
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305.1Except as provided in Subsections 305.8 and 305.9, any person who is appointed to a position in the Excepted Service, or the Executive Service on or after October 1, 2002 shall meet one (1) of the following criteria:
(a)Be a domiciliary of the District of Columbia at the time of appointment and maintain such domicile for the duration of his or her employment; or
(b)Become a domiciliary of the District of Columbia within one-hundred eighty (180) days of the date of his or her appointment and maintain such domicile for the duration of his or her employment.
305.2Failure to meet the domicile requirement set forth in Subsection 305.1 shall result in forfeiture of employment.
305.3Notwithstanding the provisions of Subsections 305.1 and 305.2, a person nominated to serve in an acting or interim capacity in an Executive Service position or appointed to an Excepted Service position requiring confirmation by the Council of the District of Columbia (Council) shall not become subject to the domicile requirement until after confirmation by the Council and promulgation of a Mayor’s Order or a personnel action appointing him or her to the position. Specifically, such person shall become a domiciliary of the District of Columbia within one-hundred eighty (180) days from the date specified in the Mayor’s Order as the date of appointment, or from the effective date of the personnel action processed after Council confirmation to appoint him or her to the position, whichever occurs first. The personnel authority shall inform each employee to whom this subsection applies, in writing, of the exact date by which he or she shall meet the domicile requirement.
305.4Except as provided in Subsections 305.7 and 305.8, any employee in the Excepted or Executive Service who was hired prior to October 1, 2002, and who was required to be or become a bona fide resident of the District of Columbia within one-hundred eighty (180) days of appointment and maintain that residency or forfeit employment, shall continue to be bound by the residency requirement that was in effect before October 1, 2002.
305.5Each appointee to a position in the Excepted or Executive Service shall be informed in writing by the personnel authority of the provisions of Subsections 305.1 and 305.2 before the effective date of appointment.
305.6District of Columbia domicile shall be proven by affirmative acts by an Excepted and Executive Service employee who is not a District domiciliary at the time of appointment. Proof of District of Columbia domicile shall be established and certified by meeting the requirements in Subsections 306.4 and 306.6.
305.7The domicile requirement shall not apply to any person 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 P.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.
305.8The personnel authority may grant a waiver of the domicile requirement to a person appointed to a position in the Excepted Service on or after October 1, 2002 under the authority of Section 903 (a)(1) and (2) of the Comprehensive Merit Personnel Act (CMPA)(D.C. Official Code § 1-609.03 (a)(1) and (2)) (2012 Repl.), who is appointed to a hard-to-fill position or presents exceptional circumstances. The Mayor (or designee) may grant a waiver of the domicile requirement to a person appointed to a position in the Executive Service on or after October 1, 2002 under the authority of Title X-A of the CMPA (D.C. Official Code §§ 1-610.51 et seq. (2012 Repl.)), who is appointed to a hard-to-fill position or presents exceptional circumstances. The provisions for the granting of waivers of the domicile requirement are as follows:
(a)In the case of a hard-to-fill position in the Excepted Service, an agency head may request a waiver of the domicile requirement for the appointee to the position by submitting written justification to the personnel authority that the position is hard-to-fill. The request shall include appropriate documentation and information to demonstrate that the position is hard-to-fill and justify consideration of the request for the waiver. Appropriate documentation and information shall include:
(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 setting forth the reasons that the waiver should be granted.
(b)Financial hardship associated with becoming a domiciliary of the District of Columbia shall not be considered as a basis for designating a position as hard-to-fill for the purpose of granting a waiver of the domicile requirement.
(c)Upon receiving a request for a waiver of the domicile requirement for an appointee to a position in the Excepted Service deemed as hard-to-fill by the agency making the request, the personnel authority shall promptly consider the factors enumerated in Subsections 305.9(a)(1) through (7) and 305.9(b) , and any other applicable factors; determine if the position shall be designated as hard-to-fill and the waiver granted to the person appointed to the position; and notify the agency of the decision.
(d)In designating an Executive Service position as hard-to-fill and granting a waiver of the domicile requirement to the appointee to the position in question, the Mayor (or his or her designee) shall consider the factors enumerated in Subsections 305.9(a)(1) through (7), 305.9(b), and any other factors he or she deems applicable.
(e) Any waiver of the domicile requirement granted based on the designation of a position as hard-to-fill for that purpose shall remain in effect only for as long as the employee occupies the position for which the waiver was granted.
(f) A determination to grant a waiver of the domicile requirement due to exceptional circumstances shall be based on personal circumstances of the appointee to the position, or a member of his or her immediate family, of such a nature that would cause extreme hardship to the person if he or she were required to become a domiciliary of the District of Columbia. Financial hardship associated with becoming a domiciliary of the District of Columbia shall not be considered as a personal circumstance for which a waiver should be granted. The determining factor for consideration by the personnel authority authorized to grant a waiver due to exceptional circumstances should be that the particular circumstances of the appointee, combined with his or her qualifications for the position and the benefit to the District government, outweigh the need to require that the person become a domiciliary of the District of Columbia.
(g) When considering the appointment of a non-District domiciliary who is deemed as presenting exceptional circumstances to a position in the Excepted Service, the agency head (or designee) shall submit a request for a waiver of the domicile requirement for the appointee to the personnel authority, in writing, before the effective date of the appointment. The request shall include appropriate documentation and information to substantiate the claim that the appointee to the position presents exceptional circumstances that may warrant the granting of a waiver of the domicile requirement.
(h)Upon receiving a request for a waiver of the domicile requirement for an appointee to a position in the Excepted Service due to exceptional circumstances, the personnel authority shall promptly consider the documentation and information submitted by the agency; determine if the waiver should be granted; and notify the agency of the decision.
(i)A waiver of the domicile requirement due to exceptional circumstances granted by the Mayor (or his or her designee) to an appointee to an Executive Service position shall be based on the criteria specified in Subsection 305.9(f).
(j)Any waiver of the domicile requirement granted due to exceptional circumstances shall remain in effect only for as long as the employee occupies the position for which the waiver was granted.
305.9Under no circumstance shall a waiver of the domicile requirement pursuant to Subsection 305.8, regardless of the basis for the request, be granted after the effective date of appointment of the person for whom the waiver is sought. In the case of an appointee to the Executive Service, the term “effective date of appointment” means the date the person is appointed in an acting capacity.
305.10A waiver of the residency requirement granted to an Excepted Service employee before October 1, 2002 shall remain in effect for as long as the employee occupies the position for which the waiver of the residency requirement was granted.