District of Columbia Administrative Code

1611 VERBAL COUNSELING 1611.1 As an employer, the District and its managerial staff have an obligation to create a fair, supportive, and transparent work environment that lessens the need for disciplinary action. 1611.2 However, when employees engage in misconduct or fail to meet…

1612 REPRIMANDS 1612.1 When counseling fails to correct conduct or performance issues, or where verbal counseling is an inadequate disciplinary response to address the conduct or performance that fails to meet expectations, a more formal response may be required. Within the progr…

1613 CORRECTIVE ACTIONS 1613.1 A corrective action is a reprimand, reassignment, or suspension of less than ten (10) workdays. 1613.2 Except in the case of a reprimand, when a corrective action is warranted, the agency shall: Provide a notice of proposed action, in accordance wit…

1614 ADVERSE ACTION 1614.1 Whenever a corrective action fails to improve a performance or conduct problem, or in the case when an employee cannot carry an essential duty of his or her employment, adverse action may be warranted. 1614.2 An adverse action shall be a suspension of t…

1615 [RESERVED] SOURCE: Final Rulemaking published at 34 DCR 1845 (March 20, 1987); as amended by Final Rulemaking published at 47 DCR 7094 (September 1, 2000); as amended by Final Rulemaking published at 49 DCR 11781 (December 27, 2002); as amended by Final Rulemaking published …

1616 SUMMARY ACTIONS 1616.1 An employee may be summarily suspended or removed from his or her position, notwithstanding §§ 1613 and 1614. 1616.2 An employee may be suspended or removed summarily when his or her conduct: (a) Threatens the integrity of District government operation…

1617 ENFORCED LEAVE ACTION 1617.1 Enforced leave occurs when an employee is involuntarily placed in a non-duty leave status, which is neither a corrective nor adverse action for purposes of this chapter. This section sets forth the standards for an agency’s implementation of an e…

1618 NOTICES OF PROPOSED ACTION 1618.1 Except in the case of a summary actions, described in § 1616, an agency contemplating a corrective, adverse, or enforced leave action shall provide the employee a notice of proposed action. Such notices shall be delivered to the employee: (a…

1619 ADMINISTRATIVE LEAVE DURING NOTICE PERIODS 1619.1 Following the issuance of a notice of proposed corrective or adverse action pursuant to § 1618 of this chapter, an agency head, at his or her discretion, may place the employee on administrative leave pending a final determin…

1620 SUMMARY ACTION NOTICES 1620.1 Whenever an agency summarily removes or suspends an employee, it shall serve the employee with a notice of summary action within five (5) days. Service shall be accomplished pursuant to §§ 1618.6 and 1618.7. 1620.2 The notice shall inform the em…

1621 EMPLOYEE RESPONSES 1621.1 Whenever an employee is served a notice of proposed or summary action, he or she may submit a written response to the appropriate official identified in the notice. In the case of removals, the appropriate official shall be a hearing officer appoint…

1622 ADMINISTRATIVE REVIEWS 1622.1 The personnel authority shall provide for an administrative review of a proposed or summary removal action against an employee, unless he or she is an exempt employee. 1622.2 The administrative review shall be conducted by a hearing officer, who…

1623 FINAL AGENCY DECISION 1623.1 The final agency decision relating to a corrective or adverse action against an employee shall be made by the deciding official, who shall be the agency head, the personnel authority, or their designee. A proposing official may not serve as the d…

1624 [RESERVED] SOURCE: Final Rulemaking published at 47 DCR 7094 (September 1, 2000); as amended by Final Rulemaking published at 63 DCR 1265 (February 5, 2016). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1624

1625 APPEAL RIGHTS 1625.1 An employee who disputes a final agency reprimand or a final agency corrective, adverse, or enforced leave action under this chapter may seek one (1) of the following remedies: (a) For enforced leave actions of less than ten (10) days and for corrective …

1626 GRIEVANCE POLICY AND APPLICABILITY 1626.1 The District of Columbia government maintains a grievance policy and procedure to allow for the prompt, fair and orderly resolution of grievances and complaints relating to District employment. The grievance procedures shall be appli…

1627 MATTERS SUBJECT TO GRIEVANCE PROCEDURES 1627.1 An applicant or employee may grieve any agency action taken pursuant to this subtitle if: (a) A provision of this subtitle has been violated; and (b) The applicant or employee has suffered or will suffer harm as a result of that…

1628 FILING A GRIEVANCE; TIME LIMITS 1628.1 All grievances shall be made using a grievance form provided by the Director of the District of Columbia Department of Human Resources (DCHR). DCHR shall maintain the grievance form on its internet website. 1628.2 Each grievance shall i…

1629 INITIAL GRIEVANCE REVIEW 1629.1 Upon receipt, the grievance official shall make a preliminary determination as to whether the grievance meets the criteria set forth in §§ 1627 and 1628. 1629.2 Within five (5) days of receipt, the grievance official shall do one of the follow…

1630 FIRST LEVEL GRIEVANCE REVIEWStc \l1 "1634 OFFICIAL TIME: GRIEVANCES 1630.1 Within five (5) days of acknowledging the grievance, the grievance official, or designee, shall interview the grievant and review the record. 1630.2 Unless mediation has already been attempted pursuan…

1631 SECOND LEVEL GRIEVANCE REVIEWS 1631.1 At the second level grievance review, the grievance shall be reviewed by a second level official in the grievant’s chain of command who reports directly to the agency head. If the first level grievance official reports directly to the ag…

1632 THIRD LEVEL GRIEVANCE REVIEWS 1632.1 At the third level of grievance review, the grievance shall be reviewed by the agency head. 1632.2 Within two (2) days of receiving the notification specified in § 1631.6, the grievance official shall forward all materials to the agency h…

1633 FINAL GRIEVANCE REVIEWS 1633.1 At the final level of grievance review, the grievance shall be reviewed and decided by the personnel authority. For purposes of this section, when the grievant is an employee of the Department of Human Resources, the personnel authority shall m…

1634 GRIEVANCES UNDER COLLECTIVE BARGAINING AGREEMENTS 1634.1 Notwithstanding any other provision in this chapter, a negotiated grievance procedure established within a collective bargaining agreement shall supersede and replace the grievance procedures established in this chapte…

1635 MEDIATION 1635.1 Mediation shall be initiated by the grievant executing and presenting the grievance official with a mediation agreement, pursuant to § 1630.2. The mediation agreement shall be a standard agreement form issued by the personnel authority. The agreement shall, …

1636 REMEDIES 1636.1 Whenever a grievance is substantiated, the appropriate deciding official shall establish a remedy that is equitable and fitting to the circumstances. 1636.2 Remedies provided under this section shall be consistent with, but need not precisely conform to, the …

1637 DISMISSAL OF GRIEVANCE 1637.1 A grievant may request a dismissal of the grievance at any time. 1637.2 A grievance official may dismiss a grievance if the grievant substantially fails to carry out his or her responsibilities; fails to participate with; or otherwise impedes th…

1699 DEFINITIONS 1699.1 As used in this chapter the following meanings apply – Administrative leave – an excused absence with full pay and benefits that is not charged to annual leave or sick leave Admonition – any written communication from a supervisor or manager to an employee…

1800 APPLICABILITY AND BASIC EMPLOYEE OBLIGATIONS This chapter applies to the ethical responsibilities of all employees pursuant to Chapter XVIII of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979, as amended (D.C. Law 2-139;…

1801 EMPLOYEE COOPERATION Employees shall immediately and directly report credible violations of the District Code of Conduct and violations of this chapter to the District of Columbia Office of Government Ethics, the District of Columbia Office of the Inspector General, or both.…

1802 REMEDIAL ACTION A violation of this chapter or supplemental agency regulations and policies shall be cause for appropriate corrective or disciplinary action to be taken under the procedures applicable to the employee. It is the responsibility of the employing agency to initi…

1803 GIFTS FROM OUTSIDE SOURCES This section contains standards that prohibit an employee from soliciting or accepting any gift from a prohibited source or given because of the employee's official position unless the item is excluded from the definition of a gift or falls within …

1804 GIFTS BETWEEN EMPLOYEES Except as provided in Subsection 1804.6, this section contains standards that prohibit an employee from giving, donating to, or soliciting contributions for, a gift to an official superior and from accepting a gift from a co-worker receiving less pay …

1805 FINANCIAL INTERESTS AND DISCLOSURES It is the policy of the District government to avoid conflicts of interest concerning the award, implementation, monitoring, and performance of contracts for services. Accordingly, as a means of assisting District government agencies to ev…

1806 RESTRICTIONS ON THE EMPLOYMENT OF RELATIVES (NEPOTISM) 1806.1 In accordance with the District of Columbia Government Comprehensive Merit Personnel Amendment Act of 2012, effective March 14, 2012 (D.C. Law 19-115; D.C. Official Code § 1-618.04); and the Civil Service Act of 1…

1807 OUTSIDE EMPLOYMENT AND PRIVATE REPRESENTATIONS A District government employee shall not engage in any outside employment or other activity incompatible with the full and proper discharge of his or her duties and responsibilities. Activities or actions that are not compatible…

1808 GOVERNMENT PROPERTY An employee has a duty to protect and conserve government property and shall not use such property, or allow its use, for other than authorized purposes. For purposes of this section the following definitions apply: “Government property” includes any form…

1809 ADDITIONAL STANDARDS Each subordinate and independent agency of the District government may prescribe additional standards of ethical conduct and reporting requirements that are appropriate to the particular functions and activities of the agency, which are not inconsistent …

1810 PUBLIC REPORTING AND CONFIDENTIAL DISCLOSURE OF FINANCIAL INTERESTS This section implements the financial interest disclosure requirements set forth in Section 224 of the Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Amendment Ac…

1811 POST-EMPLOYMENT CONFLICT OF INTERESTS District employees shall comply with the provisions of 18 U.S.C. § 207 and implementing regulations set forth at 5 C.F.R. Part 2641, Subparts A and B. District government employees and public officials are subject to certain provisions o…

1812 [REPEALED] SOURCE: Final Rulemaking published at 28 DCR 3611 (August 14, 1981); as amended by Final Rulemaking published at 30 DCR 5542 (October 28, 1983); as amended by Final Rulemaking published at 33 DCR 6794 (October 31, 1986); as amended by Final Rulemaking published at…

1813 [REPEALED] SOURCE: Final Rulemaking published at 28 DCR 3611 (August 14, 1981); as amended by Final Rulemaking published at 30 DCR 5542 (October 28, 1983); as amended by Final Rulemaking published at 33 DCR 6794 (October 31, 1986); as amended by Final Rulemaking published at…

1814 [REPEALED] SOURCE: Final Rulemaking published at 28 DCR 3611 (August 14, 1981); as amended by Final Rulemaking published at 30 DCR 5542 (October 28, 1983); as amended by Final Rulemaking published at 33 DCR 6794 (October 31, 1986); as amended by Final Rulemaking published at…

1815 [REPEALED] SOURCE: Final Rulemaking published at 33 DCR 6794 (October 31, 1986); as amended by Final Rulemaking published at 61 DCR 3799 (April 11, 2014). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1815

1816 [REPEALED] SOURCE: Final Rulemaking published at 40 DCR 8358 (December 3, 1993); as amended by Final Rulemaking published at 61 DCR 3799 (April 11, 2014). District of Columbia Municipal Regulations Government Personnel 6-B DCMR § 1816

1899 DEFINITIONS 1899.1 In this chapter, the following terms have the meaning ascribed: Agency – any unit of the District of Columbia government required by law, by the Mayor of the District of Columbia, or by the Council of the District of Columbia to administer any law, rule, o…

1900 POLICY 1900.1 This chapter provides the rules for incentive awards in accordance with Title XIX 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 § 1-619.01 et seq.) (2006 Repl…

1901 APPLICABILITY 1901.1 This chapter applies to only full-time and part-time employees of the District government (except where citizens and residents of the District of Columbia may receive honorary awards), and specifically excludes: (a) The Mayor and members of the Council o…

1902 CLASSES OF INCENTIVE AWARDS 1902.1 A personnel authority may authorize the granting of any of the following categories of incentive awards, as specified in this chapter: (a) The following categories of Monetary Awards: (1) Exemplary Performance Awards; (2) Special Act or Ser…

1903 GENERAL PROVISIONS 1903.1 It is the responsibility of each agency to determine when an employee’s performance warrants recognition and the nature of any reward under this chapter. The D.C. Department of Human Resources (DCHR) shall process nominations for payment of incentiv…