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D.C. DEPARTMENT OF HUMAN RESOURCES
NOTICE OF PROPOSED RULEMAKING
The Director, 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 Title XII of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (CMPA), effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-604.06(b)) (2012 Supp.), and Mayor’s Order 2012-28, dated February 21, 2012, hereby gives notice of the intent to adopt the following proposed rules in not less than thirty (30) days from the date of publication of this notice in the D.C. Register.
These rules would amend Subtitle B of Title 6 of the District of Columbia Municipal Regulations (DCMR) to add a new chapter 32, “Sub-Delegation of Personnel Authority,” to address the D.C. Department of Human Resources’ authorization to sub-delegate personnel authority to subordinate agencies under the Mayor pursuant to Mayor’s Order 2012-28 in the area of recruitment and selection for Career, Legal, and Management Supervisory Services positions.
A new Chapter 32 (Sub-Delegation of Personnel Authority) of Title 6-B of the District of Columbia Municipal Regulations is added to read as follows:
Title: 6-B GOVERNMENT PERSONNEL
Chapter: 6-B32 SUB-DELEGATION OF PERSONNEL AUTHORITY
3200 PURPOSE
3200.1 This chapter sets forth the procedures by which a subordinate agency head, through his or her sub-delegated personnel authority, may designate a Human Resources Authority (HR Authority) and an Alternate Human Resources Authority (Alternate HR Authority).
3201 DESIGNATIONS OF HUMAN RESOURCES AUTHORITIES AND ALTERNATE HUMAN RESOURCES AUTHORITIES
3201.1 When designating an individual to serve as a HR Authority or an Alternate HR Authority pursuant to these rules, an agency head shall consider the following criteria with respect to each individual:
(a) The nature, scope, and anticipated number of the human resources actions to be assigned;
(b) The general experience, training, education, judgment, character, and reputation of the individual;
(c) The individual’s experience in District human resources management and practices, general administration, and related fields;
(d) The individual’s education or specialized training in human resources, business administration, employment law, labor relations law, and related fields;
(e) The individual’s knowledge of District personnel laws, regulations, and procedures, including the provisions of this title, and applicable federal laws, regulations, and procedures;
(f) The individual’s knowledge in particular human resources areas, such as recruitment, staffing and selection, compensation and classification, benefits, workforce development, and other human resources specialties; and
(g) The individual’s satisfactory completion of required annual human resources training courses (including annual ethics training courses).
3201.2 In order for an employee in a subordinate agency to be confirmed for a sub-delegation of personnel authority, the agency head shall submit to the Director of the D.C. Department of Human Resources (DCHR) a designation of the employee to serve as a HR Authority and a designation of a separate employee to serve as an Alternate HR Authority.
3201.3 Each designation of a HR Authority and an Alternate HR Authority shall be in writing.
3202 APPROVAL OF DESIGNATIONS OF HUMAN RESOURCES AUTHORITIES AND ALTERNATE HUMAN RESOURCES AUTHORITIES
3202.1 The Director of DCHR shall consider whether any individual designated by a subordinate agency as an HR Authority or Alternate HR Authority has the qualifications and knowledge required to exercise any sub-delegated personnel functions on behalf of that particular agency.
3202.2 A sub-delegation of authority to an individual designated to serve as a HR Authority or an Alternate HR Authority shall not be effective until approved by the Director of DCHR, and an official confirmation of designation shall be provided to each agency head and those designated.
3202.3 An official confirmation of the designated HR Authority and Alternate HR Authority shall include:
(a) The nature and scope of duties to be exercised by the HR Authority and Alternate HR Authority;
(b) Any limitations on the authority set forth in applicable laws, regulations, and guidelines published by DCHR;
(c) The effective period of the sub-delegation; and
(d) The signature of the Director of DCHR.
3202.4 After an HR Authority and an Alternate HR Authority have been approved and confirmed by the Director of DCHR, the agency head shall inform those designated of their approved responsibilities.
3202.5 At the discretion of an agency head, the agency may designate only an HR Authority and not an Alternate HR Authority where the agency does not have the resources or capacity to also designate an Alternate HR Authority.
3203 RESPONSIBILITIES OF HUMAN RESOURCES AUTHORITIES AND ALTERNATE HUMAN RESOURCES AUTHORITIES
3203.1 An HR Authority and an Alternate HR Authority shall not be delegated or presumed any greater authority than the personnel authority or the agency head making the designations.
3203.2 An agency’s HR Authority and Alternate HR Authority shall be held accountable as that agency’s designated signatory or signatories, as applicable, for the execution of those specified human resource activities and functions delegated to him or her.
3204 TERMINATIONS AND MODIFICATIONS OF DESIGNATIONS
3204.1 The Director of DCHR or an agency head may at any time terminate or limit a sub-delegation of personnel authority or the responsibilities of an agency’s designated HR Authority or Alternate HR Authority as warranted or required under applicable laws, regulations, and guidelines published by DCHR.
3204.2 Termination of a designated HR Authority or Alternate HR Authority shall be requested in writing, except in situations in which the sub-delegation of authority automatically terminates due to the end of the designee’s employment with the District of Columbia Government or the designee transfers out of the scope of responsibility area required to perform those specifically designated responsibilities.
3204.3 Written requests for modification of a designated HR Authority or Alternate HR Authority shall include:
(a) The amended nature and scope of duties to be exercised by the HR Authority and Alternate HR Authority;
(b) Any noted changes to the limitations on the authority set forth in applicable laws, regulations, and guidelines published by DCHR;
(c) The effective period of the amended sub-delegation; and
(d) The signature of the Director of DCHR.
3204.4 No termination or modification shall operate retroactively.
3205 RECORDS OF SUB-DELEGATIONS
3205.1 The Director of DCHR and the agency head shall each maintain a record of the confirmed designees and any modifications or terminations of the designated HR Authority’s or Alternate HR Authority’s functions specific to those agencies which are subordinate to the Mayor and that have sub-delegated personnel authority.
3206 STANDARDS OF CONDUCT
3206.1 The Director of DCHR shall ensure that each designated HR Authority and Alternate HR Authority affirms that they have knowledge of and will abide by:
(a) Conflict of interest and other employee conduct regulations of chapter 18 of subtitle B of title 6 of the District of Columbia Municipal Regulations (DCMR) ;
(b) Title 6B of the DCMR and the applicability of those regulations to human resources authority and human resources processes, including recruitment and selection regulations, guides, and procedures;
(c) Applicable federal laws and regulations; and
(d) Any other regulations, guidelines, or operating procedures relevant to adequately carry out the human resources functions as sub-delegated.
3299 DEFINITIONS
3299.1 For the purposes of this chapter, the following terms have the meanings ascribed:
Agency Head – the highest ranking executive official of an agency.
Alternate HR Authority – a person designated in writing by the agency head, and confirmed by the Director of DCHR, to serve in the absence of the primary HR Authority as a signatory and executor of those specified human resources functions sub-delegated to their agency by the Personnel Authority.
HR Authority – a person designated in writing by the agency head, and confirmed by the Director of DCHR, to serve as the primary signatory and executor of those specified human resources functions sub-delegated to their agency by the Personnel Authority.
Personnel Authority – the Director of DCHR.
Subordinate agency – any agency under the direct administrative control of the Mayor.
Comments on these proposed regulations should be submitted, in writing, within thirty (30) days of the date of the publication of this notice to Mr. Gregory Evans, Deputy General Counsel, D.C. Department of Human Resources, 441 4th Street, N.W., Suite 850 North, Washington, D.C. 20001, or via email at gregory.evans4@dc.gov. Additional copies of these proposed rules are available from the above address.
