5210178 Human Resources, Department of - Notice of Final Rulemaking - Amending Term Appointment and Noncompetitive Placement to convert employees to Career Service appointments

D.C. DEPARTMENT OF HUMAN RESOURCES

 

NOTICE OF FINAL RULEMAKING

 

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 Title VIII 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 et seq. (2012 Repl. & 2014 Supp.)), hereby gives notice of final rulemaking action was taken to adopt the following rules to amend Chapter 8 (Career Service), of Subtitle B of Title 6 (Government Personnel), of the District of Columbia Municipal Regulations (DCMR). 

 

These rules are to amend Sections 823 (Term Appointment) and 830 (Noncompetitive Placement), to allow agencies to noncompetitively convert employees serving in term appointments to a regular Career Service appointment. 

 

A Notice of Proposed Rulemaking was published August 1, 2014 at 61 DCR 7855. No comments were received and no changes were made to the rules as published under the Notice of Second Proposed Rulemaking, published August 8, 2014 at 61 DCR 008140.  The rules were adopted as final on October 20, 2014 and shall become effective upon publication of this notice of the D.C. Register. 

 

D.C. PERSONNEL REGULATIONS

 

Chapter 8, CAREER SERVICE, of Title 6-B, GOVERNMENT PERSONNEL, DCMR is amended to read as follows:

 

Section 823, TERM APPOINTMENT, is being amended and renumbered as follows:

 

823.1               A personnel authority may make a term appointment for a period of more than one (1) year when the needs of the service so require and the employment need is for a limited period of four (4) years or less.

 

823.2               Unless supported by grant funds, an employee continuously serving in a term appointment four (4) years or more, which is acquired through open competition, shall:

 

(a)        Be separated from District government service; or

 

(b)        Have his or her position converted to a regular Career Service appointment with permanent status.

 

823.3               If an employee is serving in a term appointment supported by grant funds, the conversion of his or her position shall be determined by the personnel authority.

823.4               Term appointments at and above grade level CS-13 or equivalent shall result from open competition, except in the case of a candidate who is eligible for reinstatement.

 

823.5               An agency may make a non-competitive term appointment to a position at or below grade level CS-12, or equivalent; except that the Chief, Metropolitan Police Department, is authorized to make non-competitive term appointments to positions at any grade level.

 

823.6               Except as provided in Subsection 823.7 of this section, a person appointed to a term appointment shall meet the minimum qualification requirements for the position.

 

823.7               A veteran who is an applicant for a term appointment at grade level CS-3 or below, or equivalent, shall be considered to be qualified to perform the duties of the position on the basis of his or her total experience, including military service, without regard to the qualification requirements.

 

823.8               An employee serving under a term appointment shall not acquire permanent status on the basis of the term appointment, and shall not be converted to a regular Career Service appointment, unless the initial term appointment was through open

                        competition within the Career Service and the employee has satisfied the probationary period. 

 

823.9               Employment under a term appointment shall end automatically on the expiration of the appointment, unless the employee has been separated earlier.

 

823.10             Except as specified in Subsection 813.2 of this chapter in the case of correctional officers, a term employee shall serve a probationary period of one (1) year upon initial appointment.

 

823.11             A term employee may be promoted and reassigned to another term position by new term appointment; provided that the competitive and non-competitive promotion provisions in Sections 829 and 830 of this chapter are followed.

 

823.12             Notwithstanding any other provision of this section and this chapter, in the case of grant funded positions, promotions and reassignments of term employees paid under the grant shall be made by new term appointment with specific time limitations coterminous (same) with the expiration date of the grant.

 

Subsection 830.1 of Section 830, NONCOMPETITIVE PLACEMENT, is being amended to add subparagraph (1) as follows:

 

(l)         A conversion from a term appointment to a regular Career Service appointment with permanent status, unless the initial term appointment was through open competition within the Career Service.