6183864 Human Resources, Department of - Notice of Proposed Rulemaking - Amend Chapter 11, Classification and Compensation, to reflect independent personnel authority of the Attorney General

D.C. DEPARTMENT OF HUMAN RESOURCES

 

NOTICE OF PROPOSED RULEMAKING

 

The Director of the District of Columbia Department of Human Resources, with the concurrence of the City Administrator, and authorized pursuant to Section 404(a) 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 § 1-604.04(a) (2014 Repl.)), Section 108a of the Attorney General for the District of Columbia Clarification and Elected Term Amendment Act of 2010, effective October 22, 2015 (D.C. Law 21-36; D.C. Official Code § 1-301.88a (2014 Repl. & 2016 Supp.)), and Mayor’s Order 2008-92, dated June 26, 2008, gives notice of the intent to adopt the following amendment to Chapter 11 (Classification and Compensation) of Subtitle B (Government Personnel) of Title 6 (Personnel) of the District of Columbia Municipal Regulations (DCMR), in not less than thirty (30) days after publication of this notice in the D.C. Register. 

 

If adopted, the proposed rules will amend Section 1126 (District Service Salary System – General Provisions) to reflect the independent personnel authority of the Attorney General; amend Subsection 1152.5 to provide that the denial of a pay claim is a final decision not subject to further grievance or other administrative review; and add Section 1156 to implement quality step increases.

 

Chapter 11, CLASSIFICATION AND COMPENSATION, of Title 6-B DCMR, GOVERNMENT PERSONNEL, is amended as follows:

 

Subsections 1126.20 through 1126.27 of Section 1126, DISTRICT SERVICE SALARY SYSTEM - GENERAL PROVISIONS, are amended to read as follows:

1126.20          A new appointment in the Legal Service may be made at any step on the appropriate LS salary schedule.

1126.21          A new appointment in the Legal Service to a Senior Executive Attorney Service (SEAS) position or non-SEAS management position may be made at an appropriate rate, as specified in Subsections 1126.22 through 1126.26 of this section.

1126.22          The Attorney General may designate the appropriate starting salary for new appointments to supervisory attorney positions in the Office of the Attorney General (OAG) on the LX Schedule or other appropriate salary schedule, based on the criteria established in Subsection 1126.23 of this section. 

1126.23           The personnel authority shall designate the appropriate starting salary for agency supervisory attorneys, including general counsels and deputy general counsels, under the LX Schedule (or its equivalent), based upon, but not limited to, the following criteria:

(a)       Number of employees supervised;

(b)       Complexity of the duties and responsibilities;

(c)       Experience and skills; and

(d)       Job performance.

1126.24          The salary of an attorney compensated on the LX Schedule who is temporarily assigned to a position at a higher or lower level on the LX Schedule, or its equivalent, may be set at any salary within the salary range of the temporary assignment or at a salary within the salary range of the level of the attorney’s regular position. Upon termination of the temporary assignment, the attorney shall return to the position and salary the attorney occupied prior to the temporary assignment.

1126.25          Attorneys paid from an LX salary schedule, or equivalent, shall not receive overtime pay or premium pay.

1126.26          The salary of an attorney compensated outside of the LX Schedule who is temporarily assigned to a position on the LX Schedule may be set at any salary within the salary range of the level to which the attorney is temporarily assigned. Upon termination of the temporary assignment, the attorney shall return to the position and salary the attorney occupied prior to the temporary assignment.

1126.27          Employees holding appointments in positions not on the LX Schedule on the effective date of this section shall continue to be paid their existing salary until a personnel action is effected establishing a salary within the salary range for the designated level of the covered positions on the LX Schedule.

Subsections 1152.4 and 1152.5 of Section 1152, PAY CLAIMS, are amended to read as follows:

 

1152.4             The pay authority shall either grant or deny the pay claim in writing. The failure of the pay authority to issue a written decision within the time specified in Subsection 1152.3 shall toll the three (3) year limitation established in Subsection 1152.1.

 

1152.5             A written decision by the pay authority either granting or denying a pay claim shall constitute the final decision on the claim and shall not be grievable or subject to further administrative review.

 

A new Section 1156, QUALITY SALARY INCREASE, is added to read as follows:

 

1156                QUALITY SALARY INCREASE

1156.1            The personnel authority may authorize a quality salary increase for exceptional service for an employee in the Career, Educational, or Legal Service who is entitled to a regular within-grade increase, but has not reached the maximum step of his or her grade. 

1156.2           A quality salary increase may be authorized only once in any twelve (12) month period and may not be granted if the employee has received a monetary incentive award for performance within the same twelve (12) month period, pursuant to Chapter 19. 

1156.3           A quality salary increase awarded under this section may be granted only when the employee's performance rating assigned for the most recent rating period prior to the granting of the quality salary increase is “Highly Effective Performer” or “Role Model,” or their equivalent.  The quality salary increase shall be awarded as follows: 

Performance Evaluation Level	Number of Steps
Highly Effective Performer	1
Role Model or equivalent	2

1156.4            A quality salary increase shall be subject to the availability of funds. 

1156.5             A quality salary increase awarded under this section shall not affect the waiting period requirement contained in Sections 1127 or 1129 for within-grade increases. 

 

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