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WASHINGTON CONVENTION AND SPORTS AUTHORITY
NOTICE OF FINAL RULEMAKING
The Board of Directors of the Washington Convention and Sports Authority (Authority), pursuant to section 203 of the Washington Convention Center Authority Act of 1994 effective September 28, 1994 (D.C. Law 10-188; D.C. Official Code § 10-1203.3(3)(6) (2008 Repl. & 2011 Supp.), as amended by the Fiscal Year 2010 Budget Support Act of 2009, effective March 3, 2010 (D.C. Law 18-111; D.C. Official Code §§ 10-1201.01, et seq. (2008 Repl. & 2011 Supp.)) (the Act), hereby gives notice of its adoption of the following amendment to chapter 2, “Washington Convention Center: Personnel,” of title 19 of the District of Columbia Municipal Regulations. The proposed amendment was published in the D.C. Register on May 18, 2012, at 59 DCR 5221.
The amendment: (1) corrects the title of the Authority’s chief executive from “General Manager” to “President and Chief Executive Officer” as provided by the Washington Convention and Sports Authority Amendment Act of 2010 (D.C. Law 18-356, D.C. Official Code § 10-1202.07 (2008 Repl. & 2011 Supp.); (2) amends the definition of the term “relative” to include “domestic partner”; and (3) replaces the definition of “Director” with “Vice President”.
No comments were received in response to the rulemaking and no changes were made. The Authority took final action on this rulemaking on April 5, 2012. This rulemaking shall take effect immediately upon publication in the D.C. Register.
Chapter 2, “Washington Convention Center Authority: Personnel,” of title 19 of the District of Columbia Municipal Regulations, “Amusements, Parks and Recreation,” is amended to read as follows:
CHAPTER 2 WASHINGTON CONVENTION AND SPORTS AUTHORITY: PERSONNEL
Sections 200 – 299 are amended to read as follows:
200 GENERAL PROVISIONS
200.1 Employees of the Authority shall have regular full-time, regular part-time, or casual status.
200.2 Casual employees shall be eligible only for those benefits required by law. Regular full-time and regular part-time employees shall be eligible for benefits as provided by these regulations.
200.3 All employees of the Authority shall be at-will employees and serve at the pleasure of the Authority, unless otherwise provided for as members of a bargaining unit in a collective bargaining agreement.
200.4 The Authority is an equal opportunity employer. Officers and employees shall make all decisions on recruiting, hiring, training, compensation, benefits, promotions, transfers, layoffs, and recall from layoffs, and other management actions, free of discrimination on the basis of race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, family responsibilities, matriculation, genetic information, disability, or political affiliation.
200.5 The Authority shall maintain an affirmative action plan to ensure that equal opportunity in employment is provided for minorities, women, and disabled persons.
200.6 Employees in collective bargaining units will be governed by the provisions set forth in their collective bargaining agreements to the extent that those differ from the policies set forth in these rules.
201 RECRUITING AND HIRING
201.1 The President and Chief Executive Officer shall be responsible for recruiting and hiring for vacant or new positions, in consultation with appropriate Division Directors.
201.2 The President and Chief Executive Officer shall post vacancy announcements for regular full-time and regular part-time positions at the Authority, except for the President and Chief Executive Officer and Executive Staff positions, for a minimum of five (5) working days before any job offers may be extended.
201.3 The following information shall be included in the advertisement for a position vacancy:
(a) Position title;
(b) Brief description of the work to be performed;
(c) Minimum desirable skills and experience required;
(d) Salary information;
(e) Information required to be submitted with application; and
(f) Equal employment opportunity language as required.
201.4 Current employees of the Authority shall be eligible to apply for advertised vacant positions.
201.5 The President and Chief Executive Officer shall use criteria specifically related to the requirements for the position in evaluating an applicant.
201.6 The President and Chief Executive Officer may authorize reimbursement of a prospective employee for interviewing expenses.
202 RESIDENCY IN DISTRICT OF COLUMBIA
202.1 At least fifty-one percent (51%) of the employees of the Authority shall be residents of the District of Columbia.
202.2 In order to encourage the hiring of District residents, the President and Chief Executive Officer shall administer recruitment strategies and programs targeted to District residents.
202.3 All qualified candidates for vacant positions who live in the District and who apply for a District residency preference shall have five (5) additional points added to the points they receive during their application process.
202.4 Anyone who successfully applies for a position and receives preference points for District residency during the application process shall maintain District residency for sixty (60) months after appointment to that position.
203 RELATIVES
203.1 The Authority shall not hire relatives of members of the Board of Directors or of employees. Any exceptions are subject to the prior review and approval of the President and Chief Executive Officer. In an instance where an exception is approved, the related employees shall not work in the same department, or be supervised by one another.
203.2 If an employee of the Authority becomes related (by marriage, adoption, or any other means) to a member of the Board of Directors or another employee who is his or her supervisor or works in the same department, the President and Chief Executive Officer shall:
(a) Require an employee who becomes related to a member of the Board of Directors to resign; and
(b) Require one (1) of the two (2) employees who become related to be reassigned to another position if an appropriate vacancy is available or require one of the employees to resign.
203.3 An employee so affected shall have six (6) months to be reassigned or to resign.
204 POSITION CLASSIFICATION
204.1 The President and Chief Executive Officer shall assign each employee position to a specific classification.
204.2 No supervisor or employee may regularly assign or perform duties outside the employee's position classification for more than thirty (30) days, unless the classification has been changed by the President and Chief Executive Officer.
204.3 The President and Chief Executive Officer shall provide any employee, upon request, a copy of the applicable description when assigned or reassigned to a new or different position classification.
205 COMPENSATION
205.1 Employees shall be compensated in accordance with an Employees' Compensation Plan for all position classifications developed by the President and Chief Executive Officer and approved by the Board of Directors, except as provided in § 206.4.
205.2 The Authority may offset against an employee's compensation any debt owed to the Authority which is acknowledged by the employee in an amount not to exceed twenty-five percent (25%) of the employee's disposable pay in any pay period.
206 PERFORMANCE EVALUATIONS
206.1 Each supervisor shall evaluate every employee in writing:
(a) After ninety (90) days and at the end of an initial review period of six (6) months for each new employee;
(b) At the end of an initial review period of ninety (90) days for each employee who is transferred or promoted to a new position; and
(c) At least once each year thereafter.
206.2 At the supervisor's discretion, an employee may be evaluated at any time.
206.3 At the end of a new employee's initial review period, the supervisor may, with the approval of the Vice President, extend the initial review period.
206.4 If a new employee fails to complete the initial review period satisfactorily, the Authority may terminate his or her employment.
206.5 The President and Chief Executive Officer may give a lump sum bonus payment and/or salary increase to eligible employees who have demonstrated exemplary performance.
207 TRANSFERS AND PROMOTIONS
207.1 The President and Chief Executive Officer shall authorize and maintain procedures for promotions.
207.2 A promotion or transfer shall be contingent upon the employee satisfactorily completing an initial review period.
208 ANNUAL LEAVE AND HOLIDAYS
208.1 Regular full-time and regular part-time employees shall accrue annual leave from the first pay period of employment. An employee may take annual leave only after the first ninety (90) days.
208.2 An employee shall not take annual leave without obtaining the prior approval of the employee's supervisor. The supervisor may refuse leave if the employee's absence would interfere with the functioning of the department or the Authority.
208.3 Supervisors shall not advance unearned annual leave to employees, except in emergency situations and with the approval of the President and Chief Executive Officer.
208.4 No employee may carry forward more than two hundred forty (240) hours in his or her annual leave account into a new calendar year, without the prior written approval of the President and Chief Executive Officer.
208.5 The President and Chief Executive Officer shall determine holiday schedules, with due consideration for the unique nature of the Authority's business and the special needs of its clients.
208.6 Regular full-time and regular part-time employees shall be eligible to receive a number of personal holidays determined by the President and Chief Executive Officer, in addition to official holidays of the Authority.
209 SICK LEAVE
209.1 All regular full-time employees shall earn eight (8) hours of sick leave per month.
All regular full-time employees begin to accrue leave starting with their first day of employment. Accrual for regular part-time employees and employees in non-pay status shall be prorated to correspond with the actual number of hours worked.
209.2 All regular part-time employees shall earn sick leave by the same method as regular full-time employees, provided that the amount earned shall be prorated to correspond with the actual number of hours worked.
209.3 An employee may use sick leave for personal illness or to care for a relative and other children and adults for whom the employee is a primary caretaker.
209.4 If there is any reason to suspect an abuse of sick leave by an employee, the employee may be required to submit a letter signed by the attending physician certifying the illness of the employee, relative, or other child or adult for whom the employee is the primary caretaker, as the basis for the employee's inability to work on the days for which leave is requested. The President and Chief Executive Officer may require an employee to undergo an independent medical examination in the event the employee's use of leave for personal illness exceeds seven (7) consecutive workdays. The Authority shall pay the cost of such a medical examination.
209.5 An employee who uses all of his or her accrued sick leave and annual leave may be placed on leave of absence without pay status for the duration of the illness of the employee, relative, or other child or adult for whom the employee is the primary caretaker.
209.6 The number of hours that may be carried forward in an employee's sick leave account into a new calendar year shall not exceed two hundred forty (240) hours. Employees shall not be compensated for unused sick leave upon separation from employment with the Authority.
210 LEAVES OF ABSENCE
210.1 General Leave - A division director may grant a general leave of absence without pay to any regular full-time or regular part-time employee of the division. Any such leave beyond a period of seven (7) calendar days must be approved by the President and Chief Executive Officer.
210.2 Family and Medical Leave - An employee of the Authority shall be eligible to take the greater of twelve (12) weeks of unpaid leave during a twelve month period, or sixteen (16) weeks of unpaid leave during a twenty-four (24) month period, for family or medical purposes, in accordance with the D.C. Family and Medical Leave Act of 1990, D.C. Official Code §§ 32-501, et seq. (2010 Repl.), and the Federal Family and Medical Leave Act of 1993, 29 U.S.C. §§ 2601, et seq.
210.3 Jury Duty - Employees will receive their regular pay while serving on jury duty. An employee who is requested to report for jury duty shall inform the Court of this fact. The employee shall turn over to the President and Chief Executive Officer any compensation check other than for transportation.
210.4 Military Leave - The President and Chief Executive Officer shall grant an employee military leave of absence for a period not to exceed five (5) years. Such an employee shall be restored to his or her former position if:
(a) The employee provided advance notice of the military service to the Authority, unless notice is excused by military necessity;
(b) The employee applies for reemployment within the time prescribed by law;
(c) The cumulative length of the employee's absence and of all previous absences from the Authority by reason of service in the military does not exceed five (5) years;
(d) The employee provides documentation of honorable discharge from military service; and
(e) The employee is able to perform the duties of his or her former position.
210.5 Administrative Leave - In addition to other types of leave, the President and Chief Executive Officer may grant administrative leave with pay for reasons such as bereavement or hazardous weather.
211 HEALTH INSURANCE, LIFE INSURANCE AND RETIREMENT
211.1 Regular full-time and regular part-time employees shall be eligible for enrollment on a single or dependent basis in one (1) or more group health insurance plans selected by the Authority.
211.2 The Authority shall contribute a share, determined by the Board of Directors, of the cost of such single or dependent health insurance coverage for regular full-time employees. The Authority's contribution for regular part-time employees shall be a prorated amount, which is based on the actual number of hours worked per week by a regular part-time employee.
211.3 Regular full-time employees shall be eligible for enrollment in a life insurance plan selected by the Authority.
211.4 The Authority shall pay the cost of such life insurance coverage for regular full-time employees and a portion of the cost for regular part-time employees.
211.5 The Authority shall not contribute to an employee’s health coverage or life insurance if the employee is on general or military leave for more than thirty (30) days.
211.6 Regular full-time and regular part-time employees shall participate in an Employees’ Retirement Plan approved by the Board of Directors. In addition, casual employees who work at least one thousand (1,000) hours in a “retirement plan year” shall become eligible for participation. The Authority shall contribute to the Employees' Retirement Plan.
212 EMPLOYEE DISABILITY BENEFITS
212.1 Regular full-time employees shall be enrolled in a short and long-term disability insurance program selected by the Authority.
212.2 The Authority shall pay the cost of such disability insurance programs. Benefits for these insurance programs shall be payable in accordance with the respective plan provisions.
213 EMPLOYEE DEATH BENEFITS
213.1 The designated beneficiary of a deceased employee shall be eligible to receive unpaid compensation and a refund of the employee’s contribution to the Employees’ Retirement Plan if the employee is not vested in accordance with the provisions of the Retirement Plan.
214 WORKERS’ COMPENSATION
214.1 The Authority shall maintain and pay the cost of a workers’ compensation insurance policy for every employee, with benefits payable in accordance with the laws of the District of Columbia.
214.2 Each employee injured on the job shall immediately report the injury to the Security Services Department of the Authority, which shall forward a copy of each such report to the President and Chief Executive Officer.
214.3 The President and Chief Executive Officer may require a doctor’s certification for the employee to resume work following a work-related injury. In such cases, the Authority shall pay all associated costs.
215 CHANGES IN EMPLOYMENT STATUS
215.1 When an employee changes from casual status to either regular part-time or regular full-time status, the employee shall begin earning sick leave and annual leave from the date of the change in status.
215.2 When an employee changes from casual or regular part-time status to regular full-time status, the employee shall be eligible for standard life insurance benefits.
215.3 An employee who terminates his or her employment with the Authority and is later rehired within six (6) months of resignation shall receive full credit for prior employment in determining annual leave accrual and other fringe benefits.
215.4 The Authority shall treat employees rehired after a period of six (6) months as new employees for the purposes of determining annual leave accrual and other fringe benefits.
216 CORRECTIVE ACTION PROCESS AND TERMINATION
216.1 A supervisor may recommend or take corrective action against an employee
because of unsatisfactory job performance, neglect of duty or misconduct. Corrective actions may include, but are not limited to, the following:
(a) Oral reprimand;
(b) Written reprimand;
(c) Demotion;
(d) Reduction in pay;
(e) Suspension; and
(f) Dismissal or termination.
216.2 An employee who fails to notify his or her supervisor of a pending absence and who does not report to work for three (3) consecutive workdays may be deemed to have abandoned and voluntarily resigned his or her position. His or her employment may be terminated as of the close of business on the third (3rd) day of absence.
216.3 The President and Chief Executive Officer shall review and approve all suspensions, dismissals, and terminations.
216.4 The President and Chief Executive Officer may terminate an employee without
cause for business reasons, such as when:
(a) A position is eliminated because of financial considerations;
(b) A position is reclassified or a work unit is restructured; or
(c) Segments of the Authority’s services or operations are terminated.
216.5 The President and Chief Executive Officer shall give reasonable advance notice
of intent to eliminate any position or positions to affected employees; provided that the President and Chief Executive Officer shall provide 60 (sixty) days notice of the elimination of positions if more than one-third (1/3) of the regular full-time positions of the Authority are to be eliminated, in accordance with the Worker Adjustment and Retraining Notification Act, 29 U.S.C. §§ 2101, et seq.
217 ETHICS AND PROCUREMENT
217.1 Violation by an employee of any provision of chapter 5 of the Authority’s regulations, relating to ethical conduct, shall be grounds for corrective action pursuant to § 216.1 of these rules.
217.2 Violation by an employee of § 300.2 of the Authority’s regulations, prohibiting unauthorized obligations, shall be grounds for corrective action pursuant to § 216.1 of these rules.
217.3 It is the policy of the Authority that any employee who reasonably believes that an activity, policy, or practice violates a law or regulation or misuses resources or funds under the control of an official of the Authority or of the District government shall report any such violation or misuse to an appropriate supervisor. The Authority shall not take any retaliatory action against an employee who:
(a) Discloses or threatens to disclose to a supervisor or to a public body an activity, policy, or practice that the employee reasonably believes violates a law or regulation or misuses resources or funds under the control of an official of the Authority or of the District government;
(b) Provides information to or testifies before any public body conducting an investigation, hearing, or inquiry into an alleged violation of a law or regulation or into an alleged misuse of resources or funds under the control of an official of the Authority or of the District government; or
(c) Objects to or refuses to participate in any activity or practice that the employee reasonably believes to be fraudulent or in violation of a law or regulation.
299 DEFINITIONS
299.1 When used in this chapter, the following words and terms shall have the meanings ascribed:
Authority - the Washington Convention and Sports Authority established by the Washington Convention Center Authority Act of 1994, effective September 28, 1994, D.C. Law 10-188, as amended by the Fiscal Year 2010 Budget Support Act of 2009, effective March 3, 2010 (D.C. Law 18-111; D.C. Official Code §§ 10-1201.01, et seq. (2008 Repl. & 2011 Supp.))
Board - the Board of Directors of the Authority.
Casual employee - an employee whose terms of appointment provide for employment either: (1) for a brief period of time or (2) on a casual or as needed basis.
Executive Staff - an employee at the level of Division Director or above.
President and Chief Executive Officer- the President and Chief Executive Officer of the Authority or his or her designee.
Public body - any body described by § 1503 of the District of Columbia Government Comprehensive Merit Personnel Act of 1979, D.C. Official Code § 1-616.3 (2006 Repl..).
Regular full-time employee - an employee whose terms of appointment provide that the employee shall work at least forty (40) hours per week either: (1) for an unlimited or extended period of time or; (2) for as long as funds are available and the position is necessary to the objectives of the Authority.
Regular part-time employee - an employee whose terms of appointment provide that the employee shall work less than forty (40) hours per Week either: (1) for an unlimited or extended period of time or; (2) for as long as funds are available and the position is necessary to the objectives of the Authority.
Relative - the spouse, parent, parent-in-law, child, step-child, sister, brother, sister-in-law, brother-in-law, step-parent, aunt, uncle, niece, nephew, grandparent, grandchild or registered domestic partner (as defined by Chapter 7 of Title 32 of the District of Columbia Official Code) of an employee of the Authority.
Vice President - the Vice President, Human Resources appointed by the President and Chief Executive Officer of the Authority.
