Section 6-B408. ASSESSING GENERAL SUITABILITY SCREENINGS  


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    408.1The appropriate authority shall evaluate any derogatory information received during a general suitability screening and determine whether an individual is suitable for the specific position for which he or she has applied. If an individual is found unsuitable, he or she shall be disqualified from appointment to that position.

     

    408.2The reasons that may be used in making a determination of disqualification of an appointee may include, but shall not be limited to the following:

     

    (a)Delinquency or misconduct in prior employment;

     

    (b)Dishonest or other conduct of a nature that could undermine the public’s confidence in the District government’s integrity;

     

    (c)Any false statement, or the engagement in deception or fraud in connection with the examination or appointment process;

     

    (d) Evidence of ongoing abuse of a drug or alcohol; or

     

    (e)Any lawful and articulable reason that is neither arbitrary nor capricious.

     

    408.3Prior to disqualifying an appointee based on derogatory information, the personnel authority shall determine whether disqualification is warranted.  The personnel authority shall make this determination by considering the conduct or event(s) related to the derogatory information in the context of:

     

    (a) The specific duties and responsibilities of the position;

     

    (b)  The bearing, if any, the derogatory information has on those duties and responsibilities;

     

    (c) The length of time that has passed since the conduct or event(s);

     

    (d) The frequency and seriousness of the conduct or event(s);

     

    (e) Any mitigating information provided by an individual in response to the derogatory information; and

     

    (f)Whether, based on the totality of information available, the appointee possesses the necessary moral character and dedication to successfully serve the public.

     

     

authority

Mayor’s Order 2008-92, dated June 26, 2008, and with the concurrence of the City Administrator; Mayor’s Order 2007-95, dated April 18, 2007; Mayor’s Order 2012-84, dated June 18, 2012; and in accordance with the provisions of the Child and Youth, Safety and Health Omnibus Amendment Act of 2004, effective April 13, 2005 (D.C. Law 15-353; D.C. Official Code §§ 4-1501.01 et seq. (2012 Repl.)); and Sections 422 (2), (3), and (11) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 790; D.C. Official Code §§ 1-204.22(2), (3), (11) (2012 Repl.)).

source

Final Rulemaking published at 51 DCR 11591 (December 24, 2004); as amended by Final Rulemaking at 56 DCR 4346 (June 5, 2009); as amended by Final Rulemaking published at 62 DCR 13820 (October 23, 2015).