Section 6-B3809. PLACEMENT BY REASSIGNMENT OR DEMOTION

 

 

3809.1 A personnel authority may fill a vacancy within the Management Supervisory Service by reassignment of a Management Supervisory Service employee to another position of the same grade and salary, either competitively or non-competitively, as provided in this section.

 

3809.2   When, as a result of attrition, reductions in force, reorganizations, or approved realignments within an agency, a Management Supervisory Service employee ceases to perform managerial or supervisory functions or duties, the employing agency may reassign or demote the employee to a vacant Management Supervisory Service position within the agency for which he or she qualifies; provided that there is no reduction in the benefits of the employee, and the position has no greater promotion potential than the position previously held. 

 

3809.3An agency may determine that it is necessary to reassign or demote a Management Supervisory Service employee to a vacant Management Supervisory Service position within the agency for which he or she qualifies, for reasons other than those listed in section 3809.2 of this section.  In such cases the reassignment or demotion may be effected; provided that the position has no greater promotion potential than the position previously held.

 

3809.4   A time-limited reassignment may be made for a period not to exceed one (1) year.

 

3809.5A time-limited reassignment exceeding one hundred twenty (120) days to a position with established promotion potential higher than the currently held position will be effected competitively.

 

3809.6   Any reassignment or demotion under the circumstances described in sections 3809.2 and 3809.3 of this section shall be effected non-competitively.

 

3809.7   An employee may voluntarily accept a reassignment or demotion pursuant to sections 3809.2 or 3809.3 of this section, or be terminated as specified in section 3813 of this chapter.      

 

3809.8In addition to a reassignment or demotion within the employing agency as specified in sections 3809.2 and 3809.3 of this section, a Management Supervisory Service employee may be reassigned or demoted non-competitively to a vacant Management Supervisory Service position from one subordinate agency to another subordinate agency; provided that all of the following criteria are met:

 

(a)The two (2) subordinate agencies involved mutually agree with the reassignment or demotion action;

 

(b) There is no reduction in the benefits of the employee;

 

(c)The position being reassigned or demoted to has no greater promotion potential than the position previously held; and

 

(d)The Management Supervisory Service employee qualifies for the position being reassigned or demoted to. 

 

authority

Mayor’s Order 2008-92, dated June 26, 2008, and in accordance with sections 951 through 958 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 § 1-609.51 et seq.) (2006 Repl.)

source

As amended by Final Rulemaking published at 57 DCR 5455, 5459 (June 25, 2010).