Section 6-B811. SPECIAL EMPLOYMENT PROVISIONS FOR EDUCATIONAL SERVICE EMPLOYEES IN THE OFFICE OF THE STATE SUPERINTENDENT OF EDUCATION

 

811.1      An individual appointed, or one reappointed noncompetitively as of January 22, 2008, to a position within the Educational Service in the Office of the State Superintendent of Education (OSSE) shall serve without tenure, except for the following “Excluded Employees:”

 

(a)Educational Service OSSE employees in a recognized collective bargaining unit;

 

(b) Educational Service OSSE employees appointed before January 1, 1980;

 

(c)Educational Service OSSE employees based at a local school or who provide direct services to individual students; and

 

(d)Educational Service OSSE employees required to be excluded pursuant to a court order.

 

811.2The provisions of this section shall apply to OSSE personnel defined in section 301(13C) of the CMPA (D.C. Official Code § 1-603.01(13C) (2006 Repl.)), and shall not apply to “Excluded Employees” described in subsection 811.1 of this section. 

 

811.3 Within thirty (30) days of January 22, 2008, the Mayor shall notify in writing each employee of his or her non-competitive reappointment without tenure.  The employee shall accept or decline the reappointment within ten (10) days of receipt of the written notice.  An employee: 

 

(a) Declining the reappointment referenced in subsection 811.5 of this section shall receive a written fifteen (15)-day separation notice and shall be entitled to receive severance pay pursuant to chapter 24 of these regulations.

 

(b) Accepting the reappointment and who is subsequently terminated shall be terminated as specified in subsection 811.5 of this section.

 

811.4      A person employed within the Educational Service in the OSSE who is not an Excluded Employee shall be a probationary employee for one (1) year from his or her date of hire and may be terminated without notice or evaluation.

 

811.5 The following shall apply to Excluded Employees who accept reappointment without tenure who are subsequently terminated and to non-Excluded Employees described in subsection 811.4 of this section:

 

(a)Following the probationary period, an employee may be terminated, at the discretion of the Mayor; provided, that the employee is given a fifteen (15)-day separation notice and has had at least one (1) evaluation within the preceding six (6) months, a minimum of thirty (30) days prior to the issuance of the separation notice; and

 

(b) An employee terminated for non-disciplinary reasons may be given separation pay in accordance with chapter 9 of these regulations. 

 

811.6 The Mayor may terminate an employee without notice or evaluation for the following reasons: 

 

(a) Conviction of a felony at any time following submission of an employee’s job application;

 

(b) Conviction of another crime at any time following submission of an employee’s job application when the crime is relevant to the employee’s position, job duties, or job activities;

 

(c) Commission of any knowing or negligent material misrepresentation on an employment application or other document given to a government agency;

 

(d) Commission of any on-duty or employment-related act or omission that the employee knew or reasonably should have known is a violation of law; or

 

(e) Commission of any on-duty or employment-related act that is gross insubordination, misfeasance, or malfeasance. 

 

811.7A terminated employee shall retain his or her veterans preference eligibility, if any, in accordance with federal laws and regulations issued by the U.S. Office of Personnel Management, but shall be separated without competition, assignment rights, retreat rights, a right to re-assignment under either the Agency Reemployment Priority Program or the Displaced Employee Program established pursuant to chapter 24 of these regulations; or a right to any internal or administrative review, subject to any right under the Human Rights Amendment Act of 2007 (D.C. Official Code § 2-1402.01 (2007 Repl.)), federal law, or common law.

 

authority

The Director of the D.C. Department of Human Resources, with the concurrence of the City Administrator, pursuant to Mayor’s Order 2008-92, dated June 26, 2008; and in accordance with the provisions of Titles VIII and VIII-A 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 §§ 1-608.01 and 1-608.01a (2006 Repl. & 2011 Supp.))

source

Final Rulemaking published at 51 DCR 9706 (October 15, 2004); as amended by Final Rulemaking published at 59 DCR 8388, 8389 (July 12, 2012).