Section 6-B3604. EVALUATION OF PERFORMANCE - RATING PERIODS, ELIGIBILITY FOR EVALUATION, CRITERIA FOR EVALUATION, AND RATING LEVELS

 

3604.1The rating period for line attorneys shall run from September 1st to August 31st. The rating period for all other attorneys covered by these rules (supervisors and the non-supervisory attorneys described in Sections 3606 and 3607 shall run from October 1st to September 30th.

 

3604.2Written evaluations shall be based on at least one hundred-twenty (120) days of experience supervising the line attorney evaluated.

 

(a) Line attorneys who have been employed for fewer than one hundred-twenty (120) days prior to the end of the rating period, shall not be evaluated.

 

(b) If a line attorney has been employed for at least one hundred-twenty (120) days prior to the end of the rating period, but the supervisor of the line attorney at the time of the evaluation lacks at least one hundred-twenty (120) days of direct experience supervising the line attorney, the supervisor shall evaluate the line attorney based on an advisory evaluation prepared by a former supervisor or any other person, who had at least one hundred-twenty (120) days of direct experience supervising the line attorney during the rating period within the agency. If no such advisory evaluation is available, the line attorney shall not be evaluated.

 

3604.3Each evaluation shall assess the line attorney's achievement of the performance standards and specific goals set out in his or her Individual Accountability Plan during the rating period.

 

3604.4 Evaluations may, at the discretion of the supervisor, include input from citizens, customers, peers, and others with whom the line attorney had regular professional contact during the rating period.

 

3604.5 Beginning with the 2008-2009 rating period, the evaluation of the performance of supervisors and the non-supervisory attorneys described in Sections 3606 and 3607 shall no longer be under the District government’s Performance Management Program (PMP), but instead shall be under the in-house performance evaluation system described in these rules.

 

3604.6 Written evaluations of supervisors and non-supervisory attorneys as described in Sections 3606 and 3607 who have been reassigned to a position with different duties and responsibilities within ninety (90) days of the end of the rating period shall be rated not later than thirty (30) days from the effective date of the reassignment. If such an attorney is promoted or demoted during the ninety (90) days prior to the end of the rating period, he or she shall be rated not later than thirty (30) days from the effective date of the promotion or demotion. If such an attorney is reinstated or restored to duty during the ninety (90) days prior to the end of the rating period, he or she shall be rated at the end of the next rating period. If such an attorney transfers to an agency under the Mayor's or the Attorney General’s personnel authority from another personnel authority or is newly appointed during the ninety (90) days prior to the end of the rating period, he or she shall be rated at the end of the next rating period.

 

3604.7 Any supervisor or non-supervisory attorney as described in Sections 3606 and 3607 who is reinstated, restored, newly appointed, or transferred shall automatically be considered as having been assigned a rating of “successful,” which shall remain the official rating of record until such time as replaced by another official rating.

 

3604.8For line attorneys and non-supervisory attorneys described in Sections 3605 and 3607, each written evaluation shall assign an overall rating to the attorney of “outstanding,” “excellent,” “successful,” “needs improvement,” or “fails expectations.”  For all attorneys covered by these rules other than line attorneys and non-supervisory attorneys described in Sections 3605 and 3607, each written evaluation shall assign an overall rating to the attorney of “outstanding,” “successful,” “needs improvement,” or “fails expectations.”

 

 

authority

Section 861 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective April 20, 1999 (D.C. Law 12-260; D.C. Official Code § 1-608.61 (2012 Repl.)), as amended by the Elected Attorney General Implementation and Legal Service Establishment Technical Emergency Amendment Act of 2014 (“Implementation Act”), enacted July 14, 2014 (D.C. Act 20-377; 61 DCR 7598 (August 1, 2014)).

source

Final Rulemaking published at 47 DCR 7371 (September 28, 2000); as amended by Final Rulemaking published at 50 DCR 3461 (May 2, 2003); as amended by Final Rulemaking 54 DCR 12269 (December 21, 2007); as amended by Emergency and Proposed Rulemaking published at 56 DCR 7495 (September 11, 2009)[EXPIRED]; as amended by Final Rulemaking published at 58 DCR 7649, 7650 (August 26, 2011); as amended by Final Rulemaking published at 61 DCR 12182 (November 28, 2014).