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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 sections 2401 through 2409 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 §§ 1-624.01, et seq. (2006 Repl. & 2011 Supp.)), hereby gives notice that final rulemaking action was taken to adopt the rules. The rules amend chapter 24, “Reductions in Force,” of subtitle B of title 6 of the District of Columbia Municipal Regulations (DCMR). The main purposes of these rules are to amend section 2400 to add employees within the Educational Service in the Office of the State Superintendent of Education to the list of employees to which the chapter applies; amend subsections 2406.2 and 2406.3 to delete obsolete references to “D.C. Standard Form 52 (DCSF-52);” update references to performance rating levels and rating periods in subsections 2412.10(c), 2414.2, 2415.3, 2416.1, 2416.2, and 2420.1(c); and add new subsections 2412.11, 2415.4, 2416.5, and 2420.6, relating to the transition of certain employees from the Performance Evaluation System, or “PES,” into the Performance Management system and the impact on this transition on reduction-in-force matters. Additionally, section 2406, “Conducting a Reduction in Force,” and the provisions contained in sections 2438, 2439, 2441, 2442, and 2446 are amended. In addition, definitions of the terms “Agency,” “Personnel authority,” “Reorganization”, and “Temporary Appointment Pending Establishment of a Register (TAPER)” in section 2499 of the chapter are amended. Finally, non-substantive changes are being made to sections: 2400, 2402.1(f), 2403.2(a) and (e), 2404.1(b), 2405.1, 2405.4, 2410.4, 2410.5, 2411.1(f), 2412.7(b) and (c), 2413.2, 2413.4, 2414.3, 2415.1, 2416.3, 2416.4, 2417.1 through 2417.3, 2417.5, 2418.1, 2420.2, 2421.1, 2421.4, 2422.2, 2422.9, 2422.10, 2423.2, 2426.3, 2427.2, 2427.3, 2427.6, 2428.2, 2428.5, 2429.5(b), 2430.2, 2438, 2439.2, 2440.1, 2440.4, 2441.1(c), 2441.2, 2442, 2446.1, and 2499. No comments were received and no changes were made to the notice of proposed rulemaking published at 59 DCR 4852 (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 24, “Reductions in Force,” of subtitle B of title 6 of the District of Columbia Municipal Regulations is amended as follows:
Section 2400, “Applicability,” is amended in its entirety as follows:
2400 APPLICABILITY
2400.1 The provisions of sections 2400 through 2499 of this chapter shall apply to:
(a) All employees appointed in the Career Service under the authority of section 801 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (CMPA), effective March 3, 1979 (D.C. Official Code § 1-608.01 (2006 Repl. & 2011 Supp.));
(b) Employees in the Educational Service in the Office of the State Superintendent of Education under the authority of section 801a of the CMPA (D.C. Official Code § 1-608.01a (2006 Repl. & 2011 Supp.));
(c) Any attorneys appointed to the Excepted Service; and
(d) All line attorneys and supervisory and non-supervisory attorneys who do not occupy Senior Executive Attorney Service positions who are appointed to the Legal Service under the authority of sections 851 through 862 of the CMPA (D.C. Official Code §§ 1-608.51, et seq. (2006 Repl. & 2011 Supp.)).
2400.2 The provisions of sections 2438 through 2446 of this chapter apply to:
(a) All attorneys appointed to the Senior Executive Attorney Service under the authority of section 853 of the CMPA (D.C. Official Code § 1-608.53 (2006 Repl. & 2011 Supp.));
(b) All employees appointed to the Excepted Service under the authority of sections 901 through 908 of the CMPA (D.C. Official Code §§ 1-609.01, et seq. (2006 Repl. & 2011 Supp.)); and
(c) All employees appointed to the Management Supervisory Service under the authority of sections 951 through 958 of the CMPA (D.C. Official Code §§ 1-609.51, et seq. (2006 Repl. & 2011 Supp.)).
2400.3 The provisions of sections 2438 through 2445 of this chapter shall apply to all employees appointed to the Executive Service under the authority of sections 1051 through 1063 of the CMPA (D.C. Official Code §§ 1-610.51, et seq. (2006 Repl. & 2011 Supp.)).
2400.4 The provisions of sections 2409 and 2499 of this chapter shall apply to all employees in the Senior Executive Attorney, Excepted, and Management Supervisory Services only when applying the provisions of sections 2438 through 2446 of this chapter.
2400.5 The provisions of sections 2409 and 2499 of this chapter shall apply to all employees in the Executive Service only when applying the provisions of sections 2438 through 2445 of this chapter.
Section 2402, “Actions Not Covered,” is amended by amending paragraph (f) of subsection 2402.1 to read as follows:
(f) Termination of a temporary appointment, including a Temporary Appointment Pending Establishment of a Register (TAPER);
Section 2403, “Agency Considerations Prior to Planning a Reduction in Force,” is amended by amending paragraphs (a) and (e) of subsection 2403.2 to read as follows:
(a) Job sharing and reduced working hours under section 2404 of this chapter;
(e) Furloughing employees in accordance with the provisions of sections
2438 through 2446 of this chapter when reductions in expenditures are required.
Section 2404, “Job Sharing and Reduced Working Hours,” is amended by amending paragraph (b) of subsection 2404.1 to read as follows:
(b) The employee has voluntarily requested such an assignment in response to the agency’s request for volunteers for the purpose of considering the provisions of subsection 2403.2(a) of this chapter in order to preclude conducting, or to minimize the adverse impact of, a reduction in force.
Section 2405, “General Provisions,” is amended by amending subsections 2405.1 and 2405.4 to read as follows:
2405.1 Each personnel authority and agency head shall apply the rules set forth in sections 2400 through 2431 of this chapter when conducting a reduction in force.
2405.4 Personnel authorities have authority over the preparation for, and implementation of, a reduction in force, provided that agencies under the personnel authority of the Mayor shall not plan or conduct the reduction in force without the Mayor’s approval, as provided in subsection 2406.4 of this chapter.
Section 2406, “Conducting a Reduction in Force,” is amended in its entirety to read as follows:
2406 CONDUCTING A REDUCTION IN FORCE
2406.1 If a determination is made that a reduction in personnel is to be conducted pursuant to the provisions of sections 2400 through 2431 of this chapter, the agency shall submit a request to the appropriate personnel authority to conduct a reduction in force (RIF).
2406.2 Upon approval of the request as provided in subsection 2406.1 of this section,
the agency conducting the reduction in force shall prepare a RIF Administrative Order, or an equivalent document, identifying the competitive area of the RIF; the positions to be abolished, by position number, title, series, grade, and organizational location; and the reason for the RIF.
2406.3 Any changes following the submission and approval of the request to conduct a reduction in force shall be made by issuance of an amendment to the administrative order by the agency.
2406.4 The approval by the appropriate personnel authority of the RIF Administrative Order by the appropriate personnel authority shall constitute the authority for the agency to conduct a reduction in force.
Section 2410, “Competitive Levels,” is amended by amending subsections 2410.4 and 2410.5 to read as follows:
2410.4 A competitive level shall consist of all positions in the competitive area identified pursuant to section 2409 of this chapter in the same grade (or occupational level), and classification series and which are sufficiently alike in qualification requirements, duties, responsibilities, and working conditions so that the incumbent of one (1) position could successfully perform the duties and responsibilities of any of the other positions, without any loss of productivity beyond that normally expected in the orientation of any new but fully qualified employee.
2410.5 The composition of a competitive level shall be determined on similarity of the qualification requirements, including selective factors, to perform the major duties of the position successfully, the title and series of the positions, and other factors prescribed in this section and section 2411 of this chapter.
Section 2411, “Separate Competitive Levels,” is amended by amending paragraph (f) of subsection 2411.1 to read as follows:
(f) Positions filled by employees in a formally designated trainee or developmental program having all the characteristics covered in subsection 2411.3 of this section.
Section 2412, “Retention Register,” is amended by amending paragraphs (b) and (c) of subsection 2412.7 to read as follows:
2412.7 (b) The name of each competing employee in the competitive level who is
receiving continuation of pay under section 2318 of the CMPA (D.C.
Official Code § 1‑623.18 (2006 Repl.));
(c) The name of each competing employee in the competitive level who is in a leave-without-pay status based upon receipt of disability compensation benefits under sections 2301 through 2347 of the CMPA (D.C. Official Code §§ 1‑623.01, et seq. (2006 Repl. & 2011 Supp.));
Section 2412 is further amended by amending paragraph (c) of subsection 2412.10 to read as follows:
(c) The name of each employee serving in a position in the competitive
level with a current performance rating of “Inadequate Performer,” which is Level 1 of the Performance Management system set forth in Chapter 14 of these regulations; or a current performance rating at the level equivalent to “Inadequate Performer” under the Legal Service performance appraisal system set forth in Chapter 36 of these regulations, as applicable.
Section 2412 is amended by adding a new subsection 2412.11 to read as follows:
2412.11 Career Service employees who have transitioned from the Performance Evaluation System (PES) established in accordance with part II of chapter 14 of the District Personnel Manual to the Performance Management system set forth in chapter 14 of these regulations, will receive their first (1st) performance rating under the new system on or after September 30, 2009. Accordingly, for reductions in force occurring before an employee receives a rating under the new performance rating system and for the purposes of subsection 2412.10(c) of this section, official performance ratings under the PES shall be utilized, as applicable. The same shall apply to any Legal Service employees transitioning to another performance appraisal system, as appropriate.
Section 2413, “Retention Standing: Tenure Groups,” is amended by amending subsections 2413.2 and 2413.4 to read as follows:
2413.2 Competing employees shall be categorized on a retention register in the groups listed in subsection 2413.3 of this section on the basis of tenure of employment, including additional credit as provided in sections 2416 and 2417 of this chapter.
2413.4 Within each group, employees shall be listed by their reduction-in-force
service computation date, as defined in subsection 2415.3 of this chapter, beginning with the earliest date.
Section 2414, “Noncompeting Employees,” is amended by amending subsections 2414.2 and 2414.3 to read as follows:
2414.2 An employee with a current performance rating of “Inadequate Performer” or a current performance rating at the level equivalent to “Inadequate Performer” under the Legal Service performance appraisal system set forth in chapter 36 of these regulations, as applicable, shall be a non-competing employee in a reduction in force and shall be terminated ahead of any competing employee in his or her competitive level without regard to length of creditable service or preference eligibility, unless the positions in the competitive level are not affected by the reduction in force.
2414.3 To ensure that non-competing employees are separated ahead of competing employees, they shall be listed separately below group III employees on the retention register or on a separate list appended to the retention register, as provided in subsection 2412.10 of this chapter.
Section 2415, “Retention Standing: Length of Service,” is amended by amending subsections 2415.1 and 2415.3, and by adding a new subsection 2415.4 to read as follows:
2415.1 Creditable service in determining length of service shall include all federal government, District government, and military service otherwise creditable for Civil Service Retirement System purposes under title 5 U.S.C. § 8332 or District government retirement under sections 2602 or 2603 of the CMPA (D.C. Official Code §§ 1‑626.02 or 1‑626.03 (2006 Repl.)).
2415.3 An employee’s reduction-in-force service computation date shall be the date that reflects total creditable service plus additional service credit, if applicable, for a performance rating of “Role Model” (Level 5 of the Performance Management system set forth in chapter 14 of these regulations) or a current performance rating at the level equivalent to “Role Model” under the Legal Service performance appraisal system set forth in chapter 36 of these regulations, as applicable; veterans preference; and residency preference. The reduction-in-force service computation date shall be one (1) of the following:
(a) The date of entrance on duty, when there is no previous creditable service;
(b) The date obtained by subtracting total creditable previous service from the date the employee last entered on duty; or
(c) The date obtained by subtracting from the date established by subsection 2415.3(a) or (b) of this section the additional service credit allowed for one (1) or more of the following:
(1) A current performance rating of “Role Model” or equivalent performance rating under the Legal Service performance appraisal system, as applicable, in accordance with subsection 2416.1 of this chapter;
(2) A preference eligible in accordance with subsections 2417.4 and 2417.5 of this chapter; and
(3) Residency preference in accordance with section 2418 of this chapter.
2415.4 Career Service employees who have transitioned from the Performance Evaluation System (PES) established in accordance with part II of chapter 14 of the District Personnel Manual to the Performance Management system set forth in chapter 14 of these regulations will receive their first (1st) performance rating under the new system on or after September 30, 2009. For reductions in force occurring before an employee receives a rating under the new performance rating system, and for the purposes of subsection 2415.3 of this section, official performance ratings under the PES shall be utilized, as applicable. The same shall apply to any Legal Service employees transitioning to another performance appraisal system, as appropriate.
Section 2416, “Retention Standing: Performance Rating,” is amended in its entirety to read as follows:
2416 RETENTION STANDING: PERFORMANCE RATING
2416.1 Each employee who has a current performance rating of “Role Model,” which is Level 5 of the Performance Management system set forth in chapter 14 of these regulations, or a current performance rating at the level equivalent to “Role Model” under the Legal Service performance appraisal system set forth in chapter 36 of these regulations, as applicable, shall be credited with four (4) years of additional service.
2416.2 The current performance rating shall be the performance rating for the year which ended on the March 31, August 31, or September 30, as applicable, that precedes the date of the reduction-in-force notice.
2416.3 To be credited under subsection 2416.1 of this section, the performance rating must have been officially acted upon with all the necessary approvals and received in the appropriate personnel office maintaining the official personnel folder no later than thirty (30) days before the close of business of the day immediately before the reduction-in-force notice is issued.
2416.4 A performance rating received by the personnel authority after the date specified in subsection 2416.3 of this section shall not change the employee’s retention standing.
2416.5 Career Service employees who have transitioned from the Performance Evaluation System (PES) established in accordance with part II of chapter 14 of the District Personnel Manual to the Performance Management system set forth in chapter 14 of these regulations will receive their first (1st) performance rating under the new system on or after September 30, 2009. For reductions in force occurring before an employee receives a rating under the new performance rating system and for the purposes of this section, official performance ratings under the PES shall be utilized, as applicable. The same shall apply to any Legal Service employees transitioning to another performance appraisal system, as appropriate.
Section 2417, “Retention Standing: Veterans Preference,” is amended in its entirety to read as follows:
2417 RETENTION STANDING: VETERANS PREFERENCE
2417.1 In accordance with section 2402(b)(1) of the CMPA (D.C. Official Code § 1‑624.02(b)(1) (2006 Repl. & 2011 Supp.)), veterans preference eligibility shall be determined in accordance with federal law and regulations issued by the U.S. Office of Personnel Management.
2417.2 Pursuant to the regulations referred to in subsection 2417.1 of this section, a retired member of a military service shall be considered preference eligible under this chapter only if he or she meets at least one (1) of the following conditions:
(a) The employee’s military retirement is based on disability that either:
(1) Resulted from injury or disease received in the line of duty as a direct result of armed conflict; or
(2) Was caused by an instrumentality of war incurred in the line of duty during a period of war as defined by 38 U.S.C. §§ 101 and 301;
(b) The employee’s military service does not include twenty (20) or more years of full-time active service, regardless of when performed. However, this total does not include periods of active service for training; or
(c) The employee has been employed continuously since November 30, 1964, in a position without a break in service of more than thirty (30) days.
2417.3 An employee who would otherwise be considered a preference eligible under conditions in subsections 2417.2(b) or (c) of this section shall not be considered a preference eligible for purposes of this chapter if the employee retired at or above the rank of major or its equivalent.
2417.4 A preference eligible employee having a service-connected disability of thirty percent (30%) or more shall be credited with eight (8) years of additional service.
2417.5 A preference eligible employee other than as described in subsection 2417.4 of this section shall be credited with four (4) years of additional service.
Section 2418, “Retention Standing: Residency Preference,” is amended by amending subsection 2418.1 to read as follows:
2418.1 Three (3) years of additional service shall be credited to each competing employee who is eligible for a residency preference as provided in subsection 2418.2 of this section.
Section 2420, “Release from Competitive Level,” is amended by amending paragraph (c) of subsections 2420.1 to read as follows:
(c) An employee with a performance rating of ”Inadequate Performer” or a current performance rating at the level equivalent to “Inadequate Performer” under the Legal Service performance appraisal system set forth in chapter 36 of these regulations as applicable.
Section 2420 is further amended by amending subsections 2420.2 and 2420.6:
2420.2 A competing employee shall not be released from a competitive level while an employee with lower retention standing is retained in that level, except as required under section 2421 of this chapter when an employee is retained under a mandatory exception.
2420.6 Career Service employees who have transitioned from the Performance Evaluation System (PES) established in accordance with part II of chapter 14 of the District Personnel Manual to the Performance Management system set forth in chapter 14 of these regulations will receive their first (1st) performance rating under the new system on or after September 30, 2009. For reductions in force occurring before an employee receives a rating under the new performance rating system; and for the purposes of subsection 2420.1 of this section, official performance ratings under the PES shall be utilized, as applicable. The same shall apply to any Legal Service employees transitioning to another performance appraisal system, as appropriate.
Section 2421, “Mandatory Exceptions,” is amended by amending subsections 2421.1 and 2421.4 to read as follows:
2421.1 When employees are released from their competitive levels under section 2420 of this chapter, the special retention preferences outlined in this section shall be applicable.
2421.4 The retention register shall indicate the reasons for any deviation from the regular order of selection required by subsections 2421.2 and 2421.3 of this section, respectively.
Section 2422, “Notice to Employees,” is amended by amending subsections 2422.2, 2422.9, and 2422.10 to read as follows:
2422.2 The notice required by subsection 2422.1 of this section shall not be issued until the administrative order provided for in subsection 2406.3(a) of this chapter, or any amendment to that order, has been approved by the appropriate personnel authority.
2422.9 An employee shall be retained in an active duty status during the notice period, unless on leave pursuant to section 1203 of the CMPA (D.C. Official Code § 1-612.03 (2006 Repl.)).
2422.10 Except as provided in subsection 2422.11 of this section, an employee who receives written notice of release from his or her competitive level due to a reduction in force shall be entitled to be retained in an active duty status during the notice period.
Section 2423, “Content of Notice,” is amended by amending subsection 2423.2 to read as follows:
2423.2 A notice may either be a complete single notice, or a notice with an attachment containing the information specified in subsection 2423.1(f) of this section.
Section 2426, “Priority Placement Consideration for Attorneys in the Legal Service and Excepted Service,” is amended by amending subsection 2426.3 to read as follows:
2426.3 An employee as described in subsection 2426.1 of this section who has reinstatement eligibility to the Career Service and who is separated from his or her competitive level shall be eligible for priority consideration, under the agency reemployment priority program and the displaced employee program, for positions for which qualified, at grades no higher than the grade last held under a Career Appointment (Permanent) or at any lower grade acceptable to the employee.
Section 2427, “Agency Reemployment Priority Program,” is amended by amending subsections 2427.2, 2427.3, and 2427.6 to read as follows:
2427.2 As appropriate, when a reduction in force is conducted in a lesser competitive area established pursuant to section 2409 of this chapter, the personnel authority may:
(a) Limit the agency reemployment priority list to group I and group II employees separated from the lesser competitive area in which the reduction in force was conducted; and
(b) Limit referrals pursuant to this section and section 2428 of this chapter to positions within the lesser competitive area in which the reduction in force occurs.
2427.3 The reemployment priority list shall be annotated to identify those employees who are eligible for placement assistance limited to other attorney positions only, as provided in subsection 2426.1 of this chapter.
2427.6 Except as provided in subsection 2426.1 of this chapter, the employee’s name shall be entered on the appropriate agency reemployment priority list for all positions for which qualified as follows:
(a) At his or her grade level at the time of separation; and
(b) At any lower grade acceptable to the employee.
Section 2428, “Appointments from Agency Reemployment Priority Lists,” is amended by amending subsections 2428.2 and 2428.5 to read as follows:
2428.2 Subsection 2428.1 of this section shall not apply when all qualified persons on the agency reemployment priority list decline or fail to respond to offers of employment.
2428.5 When a position becomes available in the agency or lesser competitive area in which the reduction in force is conducted, as applicable, preference shall be given to the reemployment of a person who is on the agency reemployment priority list over a person who is on the displaced employee program list under section 2429 of this chapter.
Section 2429, “Displaced Employee Program,” is amended by amending paragraph (b) of subsection 2429.5 to read as follows:
(b) Each displaced employee in tenure group I or II who fully recovers
from a compensable injury, as defined in sections 2301 through 2347 of
the CMPA (D.C. Official Code §§ 1‑623.01, et seq. (2006 Repl. & 2011 Supp.)), more than one (1) year after the date compensation began, and who applies for reappointment within thirty (30) days of the date of cessation of compensation.
Section 2430, “Appointment from Displaced Employee Program List,” is amended by amending subsection 2430.2 to read as follows:
2430.2 Subsection 2430.1 of this section shall not apply when all qualified persons on the displaced employee program list decline or fail to respond to offers of reemployment.
Section 2438, “Furlough – Coverage,” is amended by amending the section in its entirety to read as follows:
2438 FURLOUGH – COVERAGE
2438.1 A furlough may be conducted, in accordance with sections 2438 through 2445 of this chapter, when it is required for budgetary reasons.
2438.2 The provisions of sections 2409 and 2499 of this chapter shall apply to furloughs conducted pursuant to sections 2438 through 2445 of this chapter.
2438.3 Except as provided in section 2439 of this chapter, when a furlough is approved or directed pursuant to section 2441 of this chapter, all employees of the agency or any lesser competitive area authorized by the personnel authority pursuant to section 2409 of this chapter shall be furloughed for the same number of hours in the leave year, or, in the case of part-time employees, for a prorated number of hours.
Section 2439, “Furlough – Exemptions,” is amended by amending subsection 2439.2 to read follows:
2439.2 Any exemption that the personnel authority approves pursuant to subsection 2439.1 of this section, must be made applicable to:
(a) Every employee in a competitive level within the competitive area; or
(b)Every employee in a competitive level within the competitive area who is assigned to the same geographic location.
Section 2440, “General Provisions for a Furlough,” is amended by amending subsections 2440.1 and 2440.4 to read as follows:
2440 GENERAL PROVISIONS FOR A FURLOUGH
2440.1 Each personnel authority shall have the authority to approve or direct a furlough for the reason set forth in subsection 2438.1 of this chapter; provided that agencies under the personnel authority of the Mayor shall not plan or conduct a furlough without the specific approval of the Mayor.
2440.4 Time in a non-pay status as a result of a furlough conducted pursuant to
subsection 2438.1 of this chapter shall not affect an employee’s waiting period for a within-grade increase.
Section 2441, “Approval or Directive to Conduct a Furlough,” is amended by amending subsections 2441.1(c) to read as follows:
(c) Any exemptions from the furlough pursuant to section 2439 of this chapter;
Section 2441 is further amended by amending subsection 2441.2:
2441.2 Any changes approved by the personnel authority following the issuance of an order to conduct a furlough, as provided in subsection 2441.1 of this section, shall be made by issuing an amendment to the administrative order or equivalent.
Section 2442, “Request to Conduct a Furlough,” is amended by amending subsections 2442.1 and 2442.2 to read as follows:
2442.1 If an agency determines that a furlough is required for the reason set forth in subsection 2438.1 of this chapter, the agency shall submit a request to the appropriate authority to conduct a furlough.
2442.2 A request for approval to conduct a furlough pursuant to subsection 2442.1 of this section, shall specify all of the following:
(a) The basis for the request;
(b) The competitive area, or any lesser competitive area authorized by the personnel authority pursuant to section 2409 of this chapter, in which the furlough is to be conducted;
(c) Any requested exemptions pursuant to section 2439 of this chapter;
(d) The number of furlough hours; and
(e) The designated pay period(s) in which the furlough is to be conducted.
Section 2446, “Appeal of a Furlough,” is amended by amending subsection 2446.1 to read as follows:
2446.1 An employee who has received a notice of furlough under section 2444 of this
chapter, may file an appeal with the Office of Employee Appeals (OEA) under the
provisions of OEA’s regulations, unless otherwise provided under a collective bargaining agreement if he or she believes that his or her agency has incorrectly applied the provisions of sections 2438 through 2445 of this chapter.
Section 2499, Definitions, subsection 2499.1 is amended by amending the definitions of “Agency,” “Personnel authority,” “Reorganization,” and “Temporary Appointment Pending Establishment of a Register (TAPER)” are amended to read as follows:
Agency – any unit of the District government required by law, by the Mayor of the District of Columbia, or by the Council of the District of Columbia (Council) to administer any law, rule, or regulation adopted under authority of law. The term agency shall also include any unit of the District government created or organized by the Council as an agency.
Personnel authority – an individual or entity with the authority to administer all or part of a personnel management program as provided in section 401 of the CMPA (D.C. Official Code §§ 1-604.01, et seq. (2006 Repl. & 2011 Supp.)).
Reorganization – the action taken for the purposes of carrying out the objectives of section 2 of the Governmental Reorganization Procedures Act of 1981, effective October 17, 1981 (D.C. Law 4-42; D.C. Official Code § 1-315.01 (2006 Repl.)), which results in the transfer, consolidation, abolishment, addition, or authorization with respect to functions and hierarchy, between or among agencies, and which affects the structure or structures thereof, and which is subject to adoption by legislative action, including consideration by the Council of the District of Columbia, in accordance with the Act; including but not limited to the: (1) transfer of the whole or part of an agency, or the whole or part of the functions thereof, to the jurisdiction and control of another agency; (2) consolidation of the whole or part of an agency, or the whole or part of the functions thereof, with the whole or part of another agency or the functions thereof; (3) the abolishment of the whole or part of an agency wherein such agency or part thereof does not have or will not have any functions; or (4) authorization of an officer or agency head to delegate functions vested in specific officers or agency heads not presently authorized to be delegated, except as provided in D.C. Official Code § 1-204.22(6) (2006 Repl. & 2011 Supp.)).
Temporary Appointment Pending Establishment of a Register (TAPER) –
a time-limited appointment to a continuing position in the Career Service or Management Supervisory Service that the personnel authority approved and established when:
(a) There are insufficient eligible candidates on an appropriate register or in the absence of a list of eligible candidates; and
(b) The public interest requires that the vacancy be filled before eligibles can be certified.
