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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 Titles VIII and VIII-A 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 and 1-608.01a (2006 Repl. & 2011 Supp.)), hereby gives notice that final rulemaking action was taken to adopt these rules.
These rules amend Chapter 8, “Career Service,” of Subtitle B of Title 6 of the District of Columbia Municipal Regulations (DCMR). The main purpose of these rules is to provide in section 800, “Applicability,” that Educational Service employees in the Office of the State Superintendent of Education (OSSE) are covered by the provisions of the chapter, except as noted in the newly added section 811. Additionally, these rules amend subsection 813.2 to provide that individuals appointed to entry-level Firefighter/Emergency Medical Technician (EMT) and entry-level Firefighter/Paramedic positions in the Fire and Emergency Medical Services Department are subject to an eighteen (18)-month probationary period; change the position title of the entry-level positions in the Department of Youth Rehabilitation Services (DYRS) that require an eighteen (18)-month probationary period from “Correctional Officer” to “Youth Development Representative;” add a new subsection 813.3 to provide that entry-level Youth Development Representative positions in the DYRS are positions at grade levels 07 and 08; and renumber subsections 813.3 through 813.18 of the chapter and make the resulting renumbering changes throughout those subsections. No comments were received and no changes were made under the notice of proposed rulemaking published at 59 DCR 4840 (May 11, 2012). Final rulemaking action was taken on June 22, 2012.
These rules shall become effective on the date of publication of this notice in the D.C. Register.
Chapter 8, Career Service, of Subtitle B of Title 6 of the District of Columbia Municipal Regulations is amended as follows:
Section 800, “Applicability,” is amended by amending subsection 800.1 to read as follows:
800.1 This chapter applies to the Career Service set forth in section 801 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 § 1-608.01 (2006 Repl. & 2011 Supp.)). Career Service consists of all positions in the District government, except the following:
(a) The Mayor and members of the Council of the District of Columbia;
(b) The President and members of the State Board of Education;
(c) The members of the Board of Trustees of the University of the District of Columbia;
(d) Members of boards and commissions as specified in section 202 of the CMPA (D.C. Official Code § 1-602.02 (c) (2006 Repl.));
(e) Chief Judges, Associate Judges, and non-judicial personnel of the Superior Court of the District of Columbia and the D.C. Court of Appeals;
(f) Positions in the Educational Service pursuant to section 801a of the CMPA (D.C. Official Code § 1-608.01a (2006 Repl. & 2011 Supp.)) other than those covered by section 811 of this chapter who are not “Career Service,” but to whom certain “Career Service” provisions apply;
(g) Positions in the Legal Service pursuant to sections 851 through 861 of the CMPA (D.C. Official Code §§ 1-608.51 through 1-608.61 (2006 Repl. & 2011 Supp.));
(h) Positions in the Excepted Service pursuant to sections 901 through 908 of the CMPA (D.C. Official Code §§ 1-609.01 through 1-609.08 (2006 Repl. & 2011 Supp.));
(i) Positions in the Management Supervisory Service pursuant to section 951 through 958 of the CMPA (D.C. Official Code §§ 1-609.51 through 1-609.58 (2006 Repl. & 2011 Supp.));
(j) Positions in the Executive Service pursuant to sections 1051 through 1063 of the CMPA (D.C. Official Code §§ 1-610.51 through 1-610.63 (2006 Repl. & 2011 Supp.)); and
(k) Any other employee excluded by law.
Renumbering subsection 800.3 to 800.2 and amending to read as follows:
800.2 In the case of a conflict between this chapter and provisions of a collective bargaining agreement, subject to the limitations under section 1708 of the CMPA (D.C. Official Code § 1-617.08 (2006 Repl.)), the provision(s) of the collective bargaining agreement shall take precedence.
Section 811, “Special Employment Provisions for Educational Service Employees in the Office of the State Superintendent of Education,” is added to read as follows:
811 SPECIAL EMPLOYMENT PROVISIONS FOR EDUCATIONAL SERVICE EMPLOYEES IN THE OFFICE OF THE STATE SUPERINTENDENT OF EDUCATION
811.1 An individual appointed, or one reappointed noncompetitively as of January 22, 2008, to a position within the Educational Service in the Office of the State Superintendent of Education (OSSE) shall serve without tenure, except for the following “Excluded Employees:”
(a) Educational Service OSSE employees in a recognized collective bargaining unit;
(b) Educational Service OSSE employees appointed before January 1, 1980;
(c) Educational Service OSSE employees based at a local school or who provide direct services to individual students; and
(d) Educational Service OSSE employees required to be excluded pursuant to a court order.
811.2 The provisions of this section shall apply to OSSE personnel defined in section 301(13C) of the CMPA (D.C. Official Code § 1-603.01(13C) (2006 Repl.)), and shall not apply to “Excluded Employees” described in subsection 811.1 of this section.
811.3 Within thirty (30) days of January 22, 2008, the Mayor shall notify in writing each employee of his or her non-competitive reappointment without tenure. The employee shall accept or decline the reappointment within ten (10) days of receipt of the written notice. An employee:
(a) Declining the reappointment referenced in subsection 811.5 of this section shall receive a written fifteen (15)-day separation notice and shall be entitled to receive severance pay pursuant to chapter 24 of these regulations.
(b) Accepting the reappointment and who is subsequently terminated shall be terminated as specified in subsection 811.5 of this section.
811.4 A person employed within the Educational Service in the OSSE who is not an Excluded Employee shall be a probationary employee for one (1) year from his or her date of hire and may be terminated without notice or evaluation.
811.5 The following shall apply to Excluded Employees who accept reappointment without tenure who are subsequently terminated and to non-Excluded Employees described in subsection 811.4 of this section:
(a) Following the probationary period, an employee may be terminated, at the discretion of the Mayor; provided, that the employee is given a fifteen (15)-day separation notice and has had at least one (1) evaluation within the preceding six (6) months, a minimum of thirty (30) days prior to the issuance of the separation notice; and
(b) An employee terminated for non-disciplinary reasons may be given separation pay in accordance with chapter 9 of these regulations.
811.6 The Mayor may terminate an employee without notice or evaluation for the following reasons:
(a) Conviction of a felony at any time following submission of an employee’s job application;
(b) Conviction of another crime at any time following submission of an employee’s job application when the crime is relevant to the employee’s position, job duties, or job activities;
(c) Commission of any knowing or negligent material misrepresentation on an employment application or other document given to a government agency;
(d) Commission of any on-duty or employment-related act or omission that the employee knew or reasonably should have known is a violation of law; or
(e) Commission of any on-duty or employment-related act that is gross insubordination, misfeasance, or malfeasance.
811.7 A terminated employee shall retain his or her veterans preference eligibility, if any, in accordance with federal laws and regulations issued by the U.S. Office of Personnel Management, but shall be separated without competition, assignment rights, retreat rights, a right to re-assignment under either the Agency Reemployment Priority Program or the Displaced Employee Program established pursuant to chapter 24 of these regulations; or a right to any internal or administrative review, subject to any right under the Human Rights Amendment Act of 2007 (D.C. Official Code § 2-1402.01 (2007 Repl.)), federal law, or common law.
Section 813, “Probationary Period,” is amended by adding a new subsection 813.3 and renumbering subsections 813.3 through 813.17 as 813.4 through 813.18 to read as follows:
813.2 A person hired to serve under a Career Service Appointment (Probational), including initial appointment with the District government in a supervisory position in the Career Service, shall be required to serve a probationary period of one (1) year, except in the case of individuals appointed on or after the effective date of this provision to the positions listed in paragraphs (a) through (d) of this subsection below, who shall serve a probationary period of eighteen (18) months:
(a) Individuals hired into entry-level police officer positions in the Metropolitan Police Department;
(b) Individuals hired into entry-level Correctional Officer positions in the Department of Corrections, or entry-level Youth Development Representative positions in the Department of Youth Rehabilitation Services;
(c) Individuals hired into entry-level Firefighter/Emergency Medical Technician (EMT) and entry-level Firefighter/ Paramedic positions in the Fire and Emergency Medical Services Department; and
(d) Individuals hired into emergency or non-emergency operations positions in the Office of Unified Communications.
813.3 For the purposes of subsection 813.2(b) of this section, an “entry-level Youth Development Representative position in the Department of Youth Rehabilitation Services” is a position at the following grade levels:
Position Title
Pay Plan, Series, and
Grade Level
Youth Development Representative
CS-0007-07 and CS-0007-08
813.4 For the purposes of subsection 813.2(d) of this section, “operations positions” in the Office of Unified Communications shall consist of the following positions:
Position Title
Pay Plan, Series, and
Grade Level
Telephone Equipment Operator
CS-0390-07, 08, and 09
Telephone Equipment Operator (Bilingual)
CS-0390-07, 08, and 09
Customer Service Representative
CS-0392-06, 07, and 08
Customer Service Representative (Bilingual)
CS-0392-06, 07, and 08
Dispatcher
CS-2151-10, 11, and 12
813.5 In addition to the positions listed in subsections 813.2(a) through (d), 813.3, and 813.4 of this section, and on a case-by-case basis, an agency head may submit a request and justification to the personnel authority to impose a probationary period requirement longer than one (1) year for certain classes of positions within the agency. Among the factors or conditions that would warrant a probationary period requirement longer than one (1) year for a specific class of positions are:
(a) The agency must provide new hires with formal classroom or field training (or a combination of both) with specific content and duration;
(b) The training is germane to the position;
(c) The agency has designed a standardized training evaluation system applicable to all participants (new hires). Additionally, the agency must have determined, and demonstrated, that successful completion of the particular training is a pre-requisite for a new hire to be able to perform the duties of the position; or
(d) The new hire must complete specific courses or training and receive certification upon completion of such training, and the agency has determined and can demonstrate that attainment of such certification is a prerequisite to successfully perform the duties of the position.
813.6 The justification submitted by the agency head in requesting a probationary period requirement longer than one (1)-year shall include information to demonstrate how the factors or conditions listed in subsection 813.5 of this section will be met, such as types of courses and curriculum information, certification information, best practices research, and data.
813.7 An employee shall be required to complete the remaining portion of his or her probationary period under the following circumstances:
(a) When the employee is transferred under this chapter, or promoted or reassigned under this chapter, before he or she completes probation; or
(b) Upon the employee’s return from active military duty, if he or she entered such military duty before completing probation and if he or she has restoration rights in accordance with section 827 of this chapter.
813.8 Except when the appointment is effected with a break in service of one (1)-workday or more, or as specified in subsection 812.2(a) of this chapter or subsection 813.9 of this section, an employee who once satisfactorily completed a probationary period in the Career Service shall not be required to serve another probationary period.
813.9 An employee who once satisfactorily completed a probationary period in the Career Service shall be required to serve another probationary period when the employee:
(a) Is appointed as a result of open competition to a position with a positive educational requirement from a position with no positive educational requirement or a different educational requirement;
(b) Is appointed as a result of open competition to a position with licensure, certification, or other such requirement, in addition to a positive educational requirement, from a position without such requirements; or
(c) Is appointed as a result of open competition to a position in a different line of work, as determined by the appropriate personnel authority based on the employee’s actual duties and responsibilities.
813.10 The probationary period required by subsection 813.2 of this section shall be extended for an equal amount of workdays in each of the following circumstances:
(a) For each workday that the employee is placed in a non-pay status for any reason;
(b) In the case of an entry-level police officer serving an eighteen (18)-month probationary period, for each workday that the employee is not performing the full range of the police duties of the position to which assigned, including, but not limited to, periods of sick leave or non-contact status; and
(c) In the case of an entry-level Firefighter/Emergency Medical Technician (EMT), Firefighter/Paramedic, Paramedic, and EMT in the Fire and Emergency Medical Services Department, for each workday that the employee is unable to perform the full range of duties of the position to which assigned, including but not limited to periods of limited duty, sick leave, or non-contact status.
813.11 The extension of the probationary period under subsection 813.10 of this section shall be for an equitable period of time in increments of full workdays.
813.12 For an individual serving an eighteen (18)-month probationary period, the extension of the probationary period as provided for in subsection 813.10(b) of this section may not exceed an additional eighteen (18)-months.
813.13 Service credit toward completion of the probationary period shall be given for the following periods of absence:
(a) Absence on leave with pay during which an employee is carried on the rolls, except as provided in subsection 813.10(b) of this section;
(b) Absence in a non-pay status while on the rolls because of compensable injury or military duty; and
(c) Absence following separation, suspension, or furlough during the probationary period, when any of the foregoing is found upon timely appeal or administrative determination to have been unjustified or unwarranted, and the employee is restored retroactively as of the effective date of the original action.
813.14 No period during a stay of termination shall be credited toward completion of the probationary period, where an employee has been notified of termination in accordance with subsection 814.2 of this chapter and received a stay of said termination.
813.15 An employee with prior service in the Career Service under a term, temporary (including a TAPER), and in the Excepted Service under a special appointment pursuant to section 904(2) of the CMPA (D.C. Official Code § 1-609.04(2) (2006 Repl. & 2011 Supp.)), shall be creditable toward completion of the probationary period under this section if:
(a) It was rendered immediately preceding a Career Appointment (Permanent) or a Career Appointment (Probational) or a conversion; and
(b) It was in the same competitive level, as provided in chapter 24 of these regulations.
813.16 Satisfactory completion of the probationary period is a prerequisite to continued employment in the Career Service.
813.17 Upon initial appointment, a probationary employee shall be informed of the performance expectations for his or her position.
813.18 The performance of a probationary employee shall be evaluated as specified in chapter 14 of these regulations.
