4871842 Human Resources, Department of - Notice of Final Rulemaking - Chapter 38, Management Supervisory Service, amending Employee Rights Upon Termination

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 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 that final rulemaking action was taken to adopt the following amendments to Section 3813, “Employee Rights Upon Termination”, of Subtitle B of Title 6 “Government Personnel”, of the District of Columbia Municipal Regulations (DCMR). 

 

The purpose of these rules is to amend Chapter 38, “Management Supervisory Service,” of 6-B DCMR, Chapter 38.  Specifically, 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 so 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.

 

No comments were received and no changes were made to the Notice of Proposed Rulemaking published February 28, 2014 at 61 DCR 001763.  The rules were adopted as final on April 4, 2014 and shall become effective upon publication of this notice in the D.C. Register. 

 

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Section 3813, “Employee Rights Upon Termination,” repealed in its entirety and replaced with the following: 

 

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.