Section 6-B843. PROMOTIONS: VIOLATIONS AND REMEDIAL ACTIONS

 

843.1In Career Service placement and promotion actions, failure to adhere strictly to laws, regulations, or the personnel authority's personnel manual shall be rectified promptly by the personnel authority or the agency involved.

 

843.2The nature and extent of actions to be taken in any case shall be determined on the basis of all the facts in the case, with due regard to the circumstances surrounding the violation, to the equitable and legal rights of the parties concerned, and to the interest of the District government.

 

843.3The general rule shall be that an erroneously placed or promoted Career Service employee may be retained in the position only if the promotion action can be corrected to conform essentially to all requirements as of the date the action was taken.

 

843.4Upon written determination that equity, hardship, or the needs of the service require it, a personnel authority may waive the requirements of § 843.3 and retain the employee in the position.

 

843.5Waiver of requirements and retention of an employee in his or her position shall be dependent on the nature, extent, and seriousness of the violation(s) involved in the particular situation, and shall take into account such factors as the following:

 

(a)How close the employee was to meeting qualification or regulatory requirements at the time of promotion;

 

(b)How close the employee was to being in the best qualified group;

 

(c)How much time has elapsed since placement or promotion; and

 

(d)Whether identification can be made of employees who were or should have been in the group certified to the selecting official and whether they have been placed or promoted, have left the agency, or are no longer available for placement or promotion.

 

843.6If an employee is not retained in the position, he or she shall be returned to his or her former position or placed in another position of equal grade for which he or she is qualified.

 

843.7If the position in which the employee is placed is in a higher grade or level than the position he or she was in prior to the erroneous placement or promotion, the position change shall be made under competitive promotion procedures as though the employee were still serving at the grade or level from which erroneously placed or promoted.

 

843.8If the action taken to remedy the erroneous placement or promotion was to require that the position be vacated, an employee who was not placed or promoted or given proper consideration because of the violation (that is, an employee in the best qualified group who was not selected or an employee who should have been in this group but was not) shall be considered for placement or promotion to the vacated position before candidates are considered under a new promotion or other placement action as provided in § 844.

 

843.9If the remedial action did not include vacating the position, an employee who was not placed or promoted or given proper consideration because of the violation shall be given priority consideration under a new promotion or other placement action as provided in § 844.

 

843.10An employee’s entitlement to priority consideration under this section shall continue until the employee's name has been referred on a certificate for a comparable position, or the employee declines consideration for a comparable position, or the employee is no longer available for consideration.

 

843.11Violations by design shall be proper grounds for disciplinary or adverse action, and the personnel authority shall investigate all allegations of violation by design and take appropriate action, as provided in chapter 16 of these regulations.