Section 6-B3699. DEFINITIONS

 

3699.1In this chapter, the following terms shall have the following meanings:

 

Act – The District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code §§ 1-610.51 et seq. (2012 Repl.)), as amended by the Legal Service Establishment Amendment Act of 1998, effective April 20, 1999 (D.C. Law 12-260; D.C. Official Code §§ 1-601.01, et seq. (2012 Repl.)); as amended by both the Technical Amendments Act of 1999, effective April 12, 2000 (D.C. Law 13-91; 47 DCR 520 (January 28, 2000)), and the Legal Service Amendment Act of 2005, effective October 20, 2005 (D.C. Law 16-33; 52 DCR 7503 (August 12, 2005)); as amended by the Elected Attorney General Implementation and Legal Service Establishment Amendment Act of 2013, effective December 13, 2013 (D.C. Law 20-60; 60 DCR 15487 (November 8, 2013)); and as amended by any subsequent laws.

 

Administrative hearing officer – A person whose duties, in whole or in substantial part, consist of conducting or presiding over hearings in contested matters pursuant to law or regulation, or who is engaged primarily in adjudicatory functions on behalf of an agency, rather than investigative, prosecutorial or advisory functions, including, but not limited to any person who bears the title Hearing Officer, Hearing Examiner, Attorney Examiner, Administrative Law Judge, Administrative Judge, or Adjudication Specialist.

 

Administrative law judge – A person whose duties, in whole or in substantial part, consist of conducting or presiding over hearings in contested matters pursuant to law or regulation, or who is engaged primarily in adjudicatory functions on behalf of an agency, rather than investigative, prosecutorial or advisory functions, including, but not limited to any person who bears the title Hearing Officer, Hearing Examiner, Attorney Examiner, Administrative Law Judge, Administrative Judge, or Adjudication Specialist.

 

Attorney – Any position that is classified as part of Series 905, except for any position that is occupied by a person whose duties, in whole or in substantial part, consist of hearing cases as an administrative law judge or an administrative hearing officer.

 

Attorney General for the District of Columbia – The chief legal officer of the District Government, elected by the voters to head the Office of the Attorney General for the District of Columbia and to conduct all law business of the District Government.

 

Calendar year – The period of time beginning with the first full pay period in January through the beginning of the first full pay period in January of the following year as determined by the Office of Personnel.

 

Chain of command – The order of authority of positions within the Office of the Attorney General for the District of Columbia, the Mayor’s Office of Legal Counsel, and the offices of the General Counsels for subordinate agencies employing attorneys in the Legal Service.

 

Chief Deputy – An official, designated by the Attorney General for the District of Columbia, who is the highest-ranking official in the chain of command in the Office of the Attorney General for the District of Columbia other than the Attorney General.

 

Competencies – Behaviors demonstrated on the job by supervisors described in Sections 3606 and 3607 of these rules as follows: Program Management; Staff Supervision; Performance Management; Work Productivity; Communication; Customer Service; and Regulations Adherence.  These behaviors shall have the meaning established by the Attorney General for the District of Columbia and the Director of the Mayor’s Office of Legal Counsel.

 

Days – Calendar days.

 

Director – The Director of the Mayor’s Office of Legal Counsel.

 

Equivalent position – Any attorney position at any grade in which the attorney performs work or has responsibilities that are substantially similar to the work or responsibilities of any Legal Service position that is classified at LX-2 or above.

 

Excellent (line attorneys and non-supervisory attorneys under Sections 3605 and 3607 of these rules) – Performance is clearly above the generally expected performance level for attorneys of comparable experience.  Quality of work is consistently very good.  The attorney’s development is progressing rapidly and continued growth is anticipated.  An attorney will receive an overall rating of “excellent” when seventy-five percent (75%) or more of weighted categories fall within the “excellent” level without a “fails expectations” or “needs improvement” rating in any element.

 

Fails expectations (line attorneys and non-supervisory attorneys under Sections 3605 and 3607 of these rules) – Performance is significantly below the generally expected performance level for attorneys of comparable experience.  Considerable weaknesses exist in substantive or other areas.  An attorney will receive an overall rating of “fails expectations” when fifteen percent (15%) or more of weighted categories fall within the “fails expectations” level.

 

Fails expectations (supervisors under Section 3606 of these rules) –Performance is significantly below the generally expected performance level of supervisors of comparable experience.  There are considerable weaknesses in substantive or other areas. The overall rating of “fails expectations” results from application of the formula, Overall Performance Rating = Sum of all Competency Ratings (each competency weighed equally)/Number of Competencies, where the total figure derived on the right side of this formula is in the range “1.0-1.7”.

 

Legal Service – The service established pursuant to Title VIII-B of the Act, to include every attorney employed by the Office of the Attorney General for the District of Columbia or a non-exempt subordinate agency or independent agency in a Series 905 position.

 

Line attorney – Any attorney who is not a supervisor, excluding attorneys who report directly to the Attorney General for the District of Columbia, or the Chief Deputy Attorney General, or a subordinate agency head.

 

Mayor’s Office of Legal Counsel – The Office established under Section 101 of the Elected Attorney General Implementation and Legal Service Establishment Amendment Act of 2013, effective December 13, 2013 (D.C. Law 20-60; D.C. Official Code § 1-608.51a), to, among other things, coordinate administrative and other activities related to Legal Service attorneys in subordinate agencies.

 

Needs improvement (line attorneys and non-supervisory attorneys under Sections 3605 and 3607 of these rules) – Performance is below the generally expected performance level for attorneys of comparable experience and requires more supervision and follow-up than is expected.  Quality of work is inconsistent and/or improvement is necessary in substantive or other areas.  An attorney will receive an overall “needs improvement” rating when fifteen percent (15%) or more of weighted categories fall within the “needs improvement” level.

 

Needs improvement (supervisors only under Section 3606 of these rules) – Performance is below the generally expected performance level for supervisors of comparable experience and requires more follow-up than is expected.  Quality of work is inconsistent and/or improvement is necessary in substantive or other areas.  Two (2) points are awarded to both each competency and each S.M.A.R.T. goal rated as “needs improvement.”  The overall rating of “needs improvement” results from application of the formula, Overall Performance Rating = (Sum of all Competency Ratings/Number of Competencies x .4) + (Sum of all S.M.A.R.T. Goal Ratings/Number of S.M.A.R.T. Goals x .6), where the total figure derived on the right side of this formula is in the range “1.8-2.8”.

 

Outstanding (line attorneys and non-supervisory attorneys under Sections 3605 and 3607 of these rules) – Performance consistently exceeds highest expectations by a wide margin.  This rating is reserved for truly exceptional individuals who are significantly above the generally expected performance level for attorneys of comparable experience.  An attorney will receive an overall “outstanding” rating when eighty percent (80%) or more of the weighted categories fall within the “outstanding” level.

 

Outstanding (supervisors under Section 3606 of these rules) – Performance consistently exceeds highest expectations by a wide margin.  This rating is reserved for truly exceptional individuals who are significantly above the generally expected performance level for supervisors of comparable experience.  Four (4) points are awarded to both each competency and each S.M.A.R.T. goal rated as “outstanding.”  The overall rating of “outstanding” results from application of the formula, Overall Performance Rating = (Sum of all Competency Ratings/Number of Competencies x .4) + (Sum of all S.M.A.R.T. Goal Ratings/Number of S.M.A.R.T. Goals x .6), where the total figure derived on the right side of this formula is in the range “3.6-4.0”.

 

Performance Management Program (PMP) – The systematic process by which an agency involves its employees, as individuals and members of a group, in improving performance in the accomplishment of agency mission and goals, as set out in Chapter 14 of the District of Columbia Personnel Regulations, which was in effect for attorney-supervisors and non-supervisory attorneys under Sections 3606 and 3607 of these rules for the 2002-2003 through the 2007-2008 rating periods.

 

Rating period – September 1st to August 31st for line attorneys under Section 3605 of these rules, and October 1st to September 30th for all other attorneys covered by these rules.

 

Senior Executive Attorney Service position –  (A) Any attorney position that is classified above LA-15 or LX-1, or an equivalent position, and in which the employee: (i) directs the work of an organizational unit; (ii) is held accountable for the success of one or more specific programs or projects; (iii) monitors progress toward organizational goals and periodically evaluates and makes appropriate adjustments to these goals; (iv) supervises the work of employees other than personal assistants;  (v) performs important legal policy-making or policy-determining functions; or (vi) provides significant leadership in legal counseling or in the trial of cases; or (B) Any attorney who is a Chief Deputy Attorney General, Deputy Attorney General, Special Deputy Attorney General, Senior Counsel to the Attorney General, Special Counsel to the Attorney General, any other attorney in the Office of the Attorney General for the District of Columbia who routinely reports directly to the Attorney General; or (C)  Any attorney who is a General Counsel employed by a subordinate agency.

 

S.M.A.R.T. goals – Specific, measurable, attainable, realistic, and time-related goals that are established annually for a supervisory or other non-line attorney either by the Attorney General for the District of Columbia, the Director, an agency head, or another high-level supervisor.

 

Subordinate agency – An agency under the direct administrative control of the Mayor. 

 

Successful (line attorneys and non-supervisory attorneys under Sections 3605 and 3607 of these rules) – Performance generally meets and occasionally exceeds the level expected for attorneys of comparable experience without the need for ongoing supervision.  The attorney produces quality work.  An attorney will receive an overall “successful” rating when sixty percent (60%) or more of weighted categories fall within the “successful” level without a “fails expectations” rating in any element.

 

Successful (supervisors only under Section 3606 of these rules) – Performance generally meets and occasionally exceeds the level expected for supervisors of comparable experience without the need for ongoing supervision.  The supervisor produces quality work.  Three (3) points are awarded to both each competency and each S.M.A.R.T. goal rated as “successful.”  The overall rating of “successful” results from application of the formula, Overall Performance Rating = (Sum of all Competency Ratings/Number of Competencies x .4) + (Sum of all S.M.A.R.T. Goal Ratings/Number of S.M.A.R.T Goals x .6), where the total figure derived on the right side of this formula is in the range “2.9-3.5”.

 

Supervisor – A person who 1) possesses the authority to recommend the hiring, promotion, transfer, discipline, or discharge of a subordinate attorney; 2) has the authority to direct, as well as assign work to a subordinate attorney; and 3) is responsible for the review of work, approval of leave, and evaluation of job performance of subordinate attorneys.

 

Training Director  – The person designated by the Attorney General for the District of Columbia to oversee, arrange, and approve training, or an equivalent officer assigned by the Attorney General to supervise training.

 

Unit – The portion of an organization composed of all the attorneys under the direct supervision of a single supervisor.

 

 

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 published at 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, 7651 (August 26, 2011); as amended by Final Rulemaking published at 61 DCR 12182 (November 28, 2014).