4750980 Human Resources, Department of - Notice of Proposed Rulemaking - Chapter 38, Management Supervisory Service, amending Employee Rights Upon Termination

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 Section 954 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 § 1-609.54(b) (2012 Repl.)), hereby gives notice of the intent to adopt, in not less than thirty (30) days from the date of publication of this notice in the D.C. Register, the following amendments to Chapter 38, “Management Supervisory Service,” of Subtitle B of Title 6, “Government Personnel,” of the District of Columbia Municipal Regulations (DCMR). 

 

The purpose of these rules is to amend Subsection 3813.3 to include new provisions for awarding severance pay in accordance to D.C. Official Code  § 1-609.54(b); and to amend Subsection 3813.5 to include that employees with “Educational” Service status may retreat within three (3) months of the effective date of the termination.  Additionally, a non-substantial change was made to Subsection 3813.6 of the chapter. 

 

Upon adoption, these rules will amend Chapter 38, Management Supervisory Service, of Title 6B of the DCMR, published at 48 DCR 2812 (March 30, 2001) and amended at 50 DCR 7747 (September 12, 2003), 51 DCR 9707 (October 15, 2004), 52 DCR 1314 (February 11, 2005), 52 DCR 1913 (February 25, 2005 – Errata Notice), 52 DCR 6840 (July 22, 2005), May 4, 2007 (54 DCR 4186), 55 DCR 007974 (July 25, 2008), 56 DCR 002724 (April 10, 2009), and 57 DCR 005455 (June 25, 2009).   

 

Chapter 38, “Management Supervisory Service,” of Subtitle B of Title 6, “Government Personnel”, of the District of Columbia Municipal Regulations is amended as follows:

 

Section 3813, “Employee Rights Upon Termination,” is repealed and replaced with: 

 

3813                EMPLOYEE RIGHTS UPON TERMINATION

 

3813.1             An appointment to the Management Supervisory Service is an at-will appointment.  A person appointed to a position in the Management Supervisory Service serves at the pleasure of the appointing authority, and may be terminated at any time.  An employee in the Management Supervisory Service shall be provided a fifteen-day (15-day) notice prior to termination.

 

3813.2             No termination action shall be initiated under this chapter unless first authorized by the agency head (or designee) and the Director, D.C. Department of Human Resources (DCHR), or independent personnel authority, as applicable; except that a termination of a Management Supervisory Service employee in the DCHR shall be first authorized by the Director, DCHR (or designee), and the Chief of Staff for the Mayor.     

 

3813.3             In accordance with Section 954 of the CMPA (D.C. Official Code § 1-609.54 (b)), at the discretion of the agency head, an employee in the Management Supervisory Service may be paid severance pay upon termination for non-disciplinary reasons according to his or her length of employment in the District government, as follows:

 

Length of Employment	Maximum Severance
Up to 6 months	2 weeks of the employee’s basic pay
6 months to 1 year	4 weeks of the employee’s basic pay
1 to 3 years	8 weeks of the employee’s basic pay
More than 3 years	10 weeks of the employee’s basic pay

 

3813.4             Severance pay shall not be paid to any individual who has accepted an appointment to another position in the District government without a break in service.

 

3813.5             At the discretion of the personnel authority, an employee in the Management Supervisory Service who separates may within three (3) months of the effective date of the termination retreat to a vacant position within the agency to which he or she was promoted and for which he or she qualified; provided, he or she has Career or Educational Service status or Excepted Service status (only applicable to appointments as attorneys in the Excepted Service).

 

3813.6             A retreat in accordance with Subsection 3813.5 of this section shall be to a position in the service in which the person acquired status.

 

3813.7             Terminations from the Management Supervisory Service are not subject to administrative appeals.

 

 

Comments on these proposed regulations should be submitted, in writing, within thirty (30) days of the date of the publication of this notice to Ms. Eboni Z. Gatewood-Crenshaw, Associate Director, Policy and Compliance Administration, D.C. Department of Human Resources, 441 4^th Street, N.W., Suite 330, Washington, D.C. 20001, or via email at [e-mail].  Additional copies of these proposed regulations are available at the above address.