D.C. Mun. Regs. tit. 21, r. 21-5207

Current through Register 71, No. 45, November 7, 2024

Rule 21-5207 - LAYOFF AND RECALL

5207.1

Definitions

(a) When used in this chapter, the following terms shall have the meaning ascribed:

Best qualified - an individual whose qualifications, Including, but not limited to, the assessment of relevant education, work experience, skills, performance, attendance and any applicable test results are ranked the highest overall among all individuals who apply for or are considered for an Authority position, utilizing practices and procedures set forth in the Authority's Recruitment, Selection and Hiring Personnel Policy and Procedure.

Competing employee - an employee in tenure group I, II, or III.

Competitive area - the organizational boundaries within the Authority in which a reduction in force is conducted.

Competitive level - a grouping of similar positions (in a competitive area) within which employees compete for retention.

Days - calendar days.

Displaced employee - a former employee who was separated by a reduction in force.

Minimally qualified - an individual who meets the minimum qualifications and requirements that a candidate must meet for a given position as described on a Vacancy Announcement.

Obligated position - a position to which an employee has restoration rights under the provisions of the Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. §§ 4301 et seq.

Preference eligible - a veteran preference eligible as defined in § 2108 of title 5 U.S.C. and § 5207.13 of this chapter.

Released employee - an employee who has been reached for release from his or her competitive level.

Retention register - the listing of employees occupying positions in a competitive level by tenure group and reduction in force service computation date.

Retention standing - the employee's standing on the retention register in relation to other competing employees within his or her competitive level.

Temporary appointment - an appointment with a specific time limitation of one (1) year or less.

Tenure group - the retention group in which competing employees shall be categorized according to their current type of appointment.

5207.2

ACTIONS COVERED

The Authority shall follow the Regulations set forth in this section when releasing a competing employee from his or her competitive level pursuant to a reduction in force. The General Manager shall determine, within his discretion, whether the release of such employee is required. Factors the General Manager shall consider include, but are not limited to, the following:

(a) Lack of work;

(b) Shortage of funds;

(c) Reorganization or realignment; or

(d) The exercise of restoration rights as provided by the Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. §§ 4301 et seq.

5207.3

ACTIONS NOT COVERED

Section 5207 shall not apply to the following actions by the Authority:

(a) The termination of a temporary promotion;

(b) The return of an employee to the position from which the employee was promoted on a temporary basis;

(c) Termination of a temporary appointment;

(d) Reduction in grade as a result of a position classification/job evaluation action affecting the employee's position;

(e) Demotion as a result of reclassification, change in qualification standards or error in the application of either of the following:

1. Reclassification or qualification standards; or

2. Time-in-grade requirements for promotion;

(f) The separation of an employee or a change in an employee's position or grade as a result of an action taken pursuant to the Authority's disciplinary rules; or

(g) Separation of an employee who is not within reach for release from his or her competitive level for refusal to accept a reassignment either to a vacant position or to an encumbered position in his or her competitive level through displacement action.

5207.4

GENERAL PROVISIONS

(a) The need to apply reduction in force procedures shall not suspend the Authority's authority and responsibility to discipline, remove, demote, or reassign any employee.

(b) The retroactive reinstatement of a person who was separated by a reduction in force under these Regulations may only be made on the basis of a finding of harmful error as determined by the Authority or the Office of Employee Appeals ("OEA"). A finding of "harmful error" shall be made where the separation procedures set forth herein were not properly applied, such that the employee should not have been released from his or her competitive level.

(c) During a reduction in force, the Authority may increase or decrease the number of positions previously identified for abolishment.

5207.5

DETERMINING RETENTION STANDING

The retention standing of each competing employee shall be determined on the basis of tenure of appointment, length of creditable service, veterans preference, residency preference, and relative work performance, and on the basis of other selection factors as provided in these Regulations. Together, these factors shall determine whether an employee is entitled to compete with other employees for employment retention and, if so, with whom, and whether the employee is retained or released.

5207.6

COMPETITIVE AREA

(a) The Authority is considered a competitive area for purposes of a reduction in force under this section. Lesser competitive areas within the Authority may, however, be established by the General Manager.

(b) The General Manager may establish lesser competitive areas within the Authority by submitting a written request to the Authority's Board of Directors that includes all of the following:

1. A description of the proposed competitive area or areas which includes a clearly stated mission statement, the operations, functions, and organizational segments affected;

2. An organizational chart of the Authority which identifies the proposed competitive areas; and

3. A justification for the need to establish a lesser competitive area.

(c) Any lesser competitive area shall be no smaller than a major subdivision of the Authority or an organizational segment that is clearly identifiable and distinguished from others in the Authority in terms of mission, operation, function, and staff.

(d) The Board of Directors shall publish the competitive area or areas in which the reduction in force will be conducted.

(e) Employees in one competitive area shall not compete with employees in another competitive area.

5207.7

COMPETITIVE LEVELS

(a) The General Manager or Director of Human Resources shall determine the positions which comprise the competitive level in which employees shall compete with each other for retention.

(b) Assignment to a competitive level shall be based upon the employee's position of record.

(c) An employee's position of record is the position for which the employee receives pay or the position from which the employee has been temporarily reassigned or promoted on a temporary basis.

(d) A competitive level shall consist of all positions in the competitive area identified pursuant to § 5207.6 in the same pay system, grade or class, and series, if applicable, which are sufficiently alike in qualification requirements, duties and responsibilities so that the incumbent in any one (1) position could perform successfully 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.

(e) The composition of a competitive level shall be determined on similarity of the qualification requirements, including selection factors, to perform the major duties of the position successfully, the title and series, if applicable, of the positions, and other factors prescribed in this section and § 5207.8.

5207.8

SEPARATE COMPETITIVE LEVELS

(a) Separate competitive levels shall be established for the following:

1. Positions under different pay schedules;

2. Positions filled on a seasonal basis;

3. Positions filled on a part-time basis;

4. Positions filled on an intermittent basis;

5. Positions filled by supervisors or managers; and

6. Positions filled by employees in a formally designated trainee or developmental program having all the characteristics covered in § 5207.8(c).

(b) Employees whose official position descriptions have the same title, any applicable series, and grade, but who have specialties which are identified on their position descriptions, in accordance with applicable classification standards, shall be assigned to separate competitive levels.

(c) A position shall be considered as being formally designated in a trainee or developmental program if it has all the following characteristics:

1. The program was designed to meet the Authority's needs and requirements for the development of skilled personnel;

2. The program was formally designated, with its provisions made known to employees and supervisors; and

3. The program is developmental by design, offering planned growth in duties and responsibilities, and providing advancement in recognized lines of career progression.

5207.9

RETENTION REGISTER

(a) A retention register shall be established by the Director of Human Resources whenever a competing employee is to be released from his or her competitive level.

(b) A separate retention register shall be prepared for each competitive level in the competitive area.

(c) The retention register shall document the final action taken, and the effective date of that action, for each employee released from his or her competitive level.

(d) Each competitive level shall be identified by the title, any applicable series, and grade of the position(s) which composed the competitive level.

(e) When a competitive level consists of two (2) or more different titles, each position title shall be identified on the retention register.

(f) The retention register for each competitive level shall list all positions in the competitive level. A written justification shall be attached to the retention register when positions of the same title, grade, and series, if applicable, are placed in different competitive levels.

(g) The retention register shall include all of the following:

1. The name of each competing employee in the competitive level, whether in duty status or paid or unpaid leave status;

2. 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;

3. The name of each competing employee detailed or temporarily reassigned from the competitive level;

4. The name of each competing employee temporarily promoted from the competitive level by a temporary promotion; and

5. The name of each competing employee on a temporary assignment from the competitive level to a governmental entity, an institution of higher education, or a private sector organization.

(h) An employee on military duty with restoration rights shall not be placed on a retention register.

(i) An employee who has received a written decision to demote him or her shall-compete for retention in the position to which he or she will be demoted.

(j) At the bottom of the retention register, or on a separate list appended to the retention register, in the order set forth below, shall be the following:

1. The name and expiration date of the appointment or reassignment of each employee serving in a position in the competitive level who is in a specifically limited temporary appointment or on a temporary reassignment;

2. The name and expiration date of promotion of each employee serving in a position in the competitive level on a temporary promotion; and

3. The name of each employee serving in a position in the competitive level with a current performance rating of Unsatisfactory.

5207.10

RETENTION STANDING: TENURE GROUPS

(a) The name of each competing employee shall be listed on the retention register in the order of his or her retention standing.

(b) Competing employees shall be categorized on a retention register in the groups listed in § 5207.10(c) on the basis of tenure of employment, including additional credit as provided in §§ 5207.13, 5207.14 and 5207.15.

(c) The retention register groups, in descending order of retention standing, shall be tenure group I, group II, and group III.

(d) Within each group, employees shall be listed by their reduction in force service computation date, as defined in § 5207.12(b), beginning with the earliest date.

(e) Tenure group I shall include each employee (other than an employee in group II or group III) who is not serving a probationary period.

(f) Tenure group II shall include the following:

1. Each employee serving a probationary period; and

2. Each employee who has completed his or her probationary period and who is in an obligated position.

(g) Tenure group III shall include each employee serving under an indefinite appointment.

5207.11

NONCOMPETING EMPLOYEES

(a) An employee serving under a temporary appointment shall be a noncompeting 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.

(b) An employee with an Unsatisfactory performance rating shall be a noncompeting 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.

(c) To ensure that noncompeting 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 § 5207.9(j).

5207.12

RETENTION STANDING: LENGTH OF CREDITABLE SERVICE

(a) A reduction in force service computation date shall be established for each competing employee as specified in this section.

(b) An employee's reduction in force service computation date shall be the date which reflects total creditable service plus additional service credit, if applicable, for veterans preference, residency preference and Outstanding performance preference (as provided for in §§ 5207.13, 5207.14 and 5207.15); that date shall be one (1) of the following:

1. For employees hired after November 20, 1998, the date of hire with the Authority;

2. For employees hired on or before November 20, 1998, the "Service Computation Date" as previously computed by the District of Columbia Office of Personnel in accordance with the then applicable Federal or District laws or rules.

5207.13

RETENTION STANDING: VETERANS PREFERENCE

(a) For purposes of this section, veterans preference eligibility shall be determined in accordance with federal law and regulations issued thereunder by the U.S. Office of Personnel Management.

(b) Pursuant to the regulations referred to in § 5207.13(a), a retired member of a military service shall be considered a preference eligible individual under this section only if he or she meets at least one (1) of the following conditions:

1. The employee's military retirement is based on disability that either:

A. Resulted from injury or disease received in the line of duty as a direct result of armed conflict; or

B. Was caused by an instrumentality of war incurred in the line of duty during a period of war as defined by §§ 101 and 301 of title 38, U.S. Code;

2. 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

3. The employee has been employed continuously since November 30, 1964, in a position without a break in service of more than thirty (30) days.

(c) An employee who would otherwise be considered a preference eligible individual under conditions in §§ 5207.13(b)(1) or (2) shall not be considered a preference eligible individual for purposes of this section if the employee retired at or above the rank of major or its equivalent.

(d) A preference eligible individual having a service-connected disability of thirty percent (30%) or more shall be credited with eight (8) years of additional service.

(e) A preference eligible individual who is not covered by subsection 5207.13(d) shall be credited with four (4) years of additional service.

5207.14

RETENTION STANDING: RESIDENCY PREFERENCE

(a) Three (3) years of additional service shall be credited to each competing employee who is eligible for a residency preference as provided in § 5207.14(b).

(b) Residency preference eligibility in a reduction in force shall be afforded to all of the following:

1. Each competing employee who is a bona fide resident of the District of Columbia;

2. Each competing employee who is not a resident of the District of Columbia, but who was hired by the Water and Sewer Utility Administration of the District of Columbia before January 1, 1980, and has continued employment with the Authority without a break in service of one (1) workday or more since that date; and

3. Each competing employee who is not a resident of the District of Columbia, but who was a former employee of the U.S. Department of Health & Human Services at St. Elizabeth's Hospital who accepted employment with the District government without a break in service effective October 1, 1987, and who has continued employment without a break in service of one (1) workday or more since that date.

5207.15

RETENTION STANDING: PERFORMANCE RATING

(a) Each employee who has a current performance rating of "Outstanding" shall be credited with four (4) years of additional service.

(b) The current performance rating shall be the most recent performance rating preceding the date of the reduction in force notice.

(c) To be credited under § 5207.15(a), the performance rating must have been officially acted upon with all the necessary approvals, received in the Office of Human Resources no later than thirty (30) days before the close of business of the day immediately before the reduction in force notice is issued.

(d) A performance rating received by the Office of Human Resources after the date specified in § 5207.15(c) shall not change the employee's retention standing.

5207.16

EFFECTIVE DATE OF RETENTION STANDING

(a) The retention standing of each employee released from his or her competitive level shall be determined as of the date of release.

(b) When the Authority discovers an error in the determination of an employee's retention standing, it shall correct the error and adjust any erroneous reduction in force action in accordance with the employee's true retention standing as of the effective date established under this section.

5207.17

RELEASE FROM COMPETITIVE LEVEL

(a) A competing employee shall not be released from a competitive level while any of the following is retained in that level:

1. An employee with a specifically limited temporary appointment;

2. An employee with a specifically limited temporary promotion; or

3. An employee with an "Unsatisfactory" performance rating.

(b) 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 § 5207.18 when an employee is retained under a mandatory exception.

(c) Competing employees shall be selected for release from a competitive level in the inverse order of retention standing, beginning with the employee with the lowest retention standing on the retention register.

(d) When one (1) or more, but not all, employees with the same reduction in force service computation dates in the same tenure group must be released from a competitive level, the ties shall be broken as follows:

1. The employee who encumbers the position to be abolished shall be released;

2. If still tied, the employee who has the least service in the Authority shall be released; and

3. If still tied, the last digit of the social security number shall be used, and the employee with the lowest last digit shall be released.

(e) When an employee is selected for release from his or her competitive level, he or she shall be separated from service with the Authority.

5207.18

MANDATORY EXCEPTIONS

(a) When employees are released from their competitive levels under § 5207.17, the special retention preferences outlined in this section shall be applicable.

(b) Each tenure group I or II preference eligible employee entitled to retention for one (1) year after restoration under the Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. §§ 4301 et seq., shall be retained over other employees in his or her tenure group for the retention period.

(c) Each tenure group I or II non-preference eligible employee entitled to retention for either six (6) months or one (1) year after restoration under the Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. §§ 4301 et seq., shall be retained over other employees in his or her tenure group for the retention period.

(d) The retention register shall indicate the reasons for any deviation from the regular order of selection required by this section.

5207.19

NOTICE TO EMPLOYEES

(a) Each competing employee selected for release from his or her competitive level under this section shall be entitled to written notice at least thirty (30) full days before the effective date of the employee's release.

(b) The notice to the employee shall specify the effective date of the employee's release from his or her competitive level.

(c) A notice shall expire when followed by the action specified in the notice, or in an amendment made to the notice before the Authority takes the action.

5207.20

CONTENT OF NOTICE

(a) Each notice shall state the following:

1. The specific action to be taken and its effective date;

2. The employee's competitive area, competitive level, tenure group, and reduction in force service computation date;

3. The place where the employee may inspect the regulations and records pertinent to his or her case; and

4. The reasons for retaining a lower-standing employee in the same competitive level, if applicable.

5. The employee's reemployment priority rights are governed by § 5207.24.

6. The employee's appeal rights are governed by § 5207.23.

(b) A notice may be either a complete single notice, or a notice with an attachment containing the above-listed information.

5207.21

RECORDS

(a) The Human Resources Department shall maintain the correct records needed to determine the retention standing of competing employees.

(b) The Human Resources Department shall allow inspection of retention registers and related records by the following:

1. An employee who is affected by the reduction in force (or his or her representative);

2. A supervisor or manager whose unit is affected by the reduction in force;

3. The Office of Employee Appeals; and

4. Others who are determined by the Authority to have a legitimate need to review these materials in order to carry out their official duties.

(c) All registers and records relating to an employee shall be preserved intact for at least one (1) year from the date the employee is issued a specific reduction in force notice, or until any appeal is decided, whichever is later.

5207.22

SEVERANCE PAY

(a) An employee separated pursuant to Section 5207 of these Regulations who has at least 12 months of continuous service on the date of separation shall be entitled to severance pay, as provided in this subsection 5207.22, except that the total severance pay received after October 18, 1998, over an employee's career in the District of Columbia government, including any independent agency, shall not exceed twenty-six (26) weeks of pay at the rate of basic pay received immediately before separation.

(b) Creditable Service

1. In computing an employee's creditable service for severance pay purposes, all service that is creditable for annual leave accrual purposes is included as creditable service for severance pay purposes; however, military service is not to be counted unless it interrupts otherwise creditable civilian service.

2. Additional service credit shall be provided as follows:

A. Four (4) years for an employee who qualifies for veterans preference as provided in § 5207.13; and

B. Three (3) years for an employee who qualifies for residency preference as provided in § 5207.14.

3. In computing an employee's total years of creditable civilian service, twenty-five percent (25%) of a year is to be credited for each three (3) months of service that exceeds one (1) full year or more.

(c) Computation of Severance Pay

1. Severance pay shall be calculated as follows:

A. Base severance pay is computed on the basis of one (1) week's basic pay at the rate received by the employee immediately before separation for each year of creditable service up to and including ten (10) years and two (2) week's of basic pay at the rate received by the employee immediately before separation for each year of creditable service beyond ten (10) years; and

B. An age allowance computed on the basis of ten percent (10%) of the total base severance pay for each year by which the recipient's age on the date of separation exceeds forty (40) years.

2. The age allowance specified in subsection 5207.22(c)1.B. shall be computed on an employee's total years of age over age forty (40), by providing credit at the rate of twenty-five percent (25%) of a year for each three (3) months that the employee's age exceeds age forty (40).

3. Basic pay means the regular or base salary or wages paid by the Authority to an individual immediately before separation, specifically excluding overtime, compensatory time, gainsharing, awards, bonuses, on-call pay, call-in pay, call-back pay, hazard pay, differentials, and premium pay.

4. If the severance pay based on age and service exceeds twenty-six (26) weeks of pay at the employee's rate of basic pay received immediately before separation, the severance pay payable will be limited to the twenty-six (26) weeks of pay.

(d) Payment

1. General Provisions

A. Severance payments will be paid in installments on the same pay period intervals as if the individual were still employed until the severance pay is exhausted.

B. If the individual dies before severance pay is exhausted, the payments will be continued to the survivor of the individual until exhausted.

C. Severance payments are subject to all applicable federal, District of Columbia, and state employment taxes.

2. Restrictions

A. Severance pay is not a basis for calculation for payment of any other type of Authority or Federal Government benefits, and it may not be included in the basis for computation of such benefits. A period covered by severance pay is not a period of Authority service or employment.

B. Employees who are receiving disability compensation based on the individual's compensable injury either under D.C. Code § 1-623.01 et seq. or the Authority's Worker's compensation provider are not eligible for severance pay.

5207.23

APPEALS

Neither the establishment of a competitive area smaller than WASA, nor the determination that a specific position is to be abolished, nor separation pursuant to these regulations, nor the determination of severance pay, shall be subject to review except that:

(a) An employee may file a complaint contesting a determination or a separation pursuant to subchapter XV-A of the Comprehensive Merit Personnel Act (as amended), the D.C. Whistleblower Protection Act, D.C. Code §§ 1 - 615.51 - 1-615.59 (2001) (as amended), or § 2-1403.03 of the D.C. Code (2001) (as amended), the D.C. Human Rights Act (as amended).

(b) An employee affected by the abolishment of a position may file with the Office of Employee Appeals a complaint contesting the improper application of the separation procedures under these regulations related to implementation of an employee's entitlement to one round of lateral competition in positions in the employee's competitive level as provided in §§ 5207.1 to 5207.18.

(c) An employee selected for separation may file with the Office of Employee Appeals a complaint contesting improper application of the procedures implementing an employee's right to be given notice of at least thirty (30) days before the effective date of his or her separation as provided in § 5207.19.

5207.24

REEMPLOYMENT PRIORITY PROGRAM

(a) The Authority shall establish and maintain a reemployment priority list in which it separates tenure group I and II employees.

(b) A tenure group I employee's name shall remain on the reemployment priority list for two (2) years, and a tenure group II employee's name for one (1) year, from the date he or she was separated from his or her competitive level.

(c) Employees covered under the provisions of this section shall be entered automatically on the list immediately after it has been determined that the employee is to be adversely affected by the reduction in force and not later than issuance of the notice of reduction in force.

(d) The employee's name shall be entered on the Authority's reemployment priority list for all positions for which the employee is minimally qualified as follows:

1. At his or her current grade level; and

2. At any lower grade acceptable to the employee.

(e) The Authority may delete an employee's name from the list when he or she declines a non-temporary position with a tour of duty similar to the position from which he or she was separated and a representative rate at the same as or higher than that of the position from which he or she was separated.

5207.25

APPOINTMENT FROM REEMPLOYMENT PRIORITY LIST

(a) When a qualified person is available on the Authority's reemployment priority list, a Permanent Full-Time position shall not be filled except as provided in § 5207.26, and shall not be filled by the following:

1. A new appointment;

2. Transfer; or

3. Reemployment of a person not on the Authority's reemployment priority list.

(b) Subsection (a) of this section shall not apply when all qualified persons on the reemployment priority list decline or fail to respond to offers of employment.

(c) In selecting employees on the priority list from among those adversely affected by the reduction in force, but who have not yet been separated, offers of employment shall be made according to the employees' relative standing in their competitive levels. In this regard, a lower standing employee shall not be offered a position if a higher standing employee qualifies for the position, unless

1. the higher standing employee declines the position; or

2. the lower standing employee is the best qualified.

(d) The order of priority in selecting from the priority list shall be as follows:

1. For positions from which separated, offers of employment shall be made according to the displaced employee's relative standing in his or her competitive level. In this regard, a lower standing displaced employee shall not be offered a position if a higher standing displaced employee qualifies for the position, unless:

A. the higher standing employee declines the position; or

B. the lower standing employee is the best qualified.

2. For positions other than from which separated, preference shall be given to a tenure group I displaced employee over a tenure group II displaced employee, without regard to his or her relative standing within the tenure group, unless the tenure group II displaced employee is the best qualified.

(e) An employee who is separated from an at-will position shall not be entitled to priority placement consideration to Permanent Full-Time positions.

(f) The Authority may appoint a person not on the priority list or a person on the list with lower standing than others on the list only when it is necessary to obtain an employee for duties that cannot be taken over without undue interruption to the Authority by a person on the list with higher standing than the person appointed.

(g) The determination of whether an individual is "qualified" is to be made in accordance with the Authority's established standard hiring practices as provided in the Authority's Recruitment, Selection and Hiring Personnel Policy and Procedure.

5207.26

PRIORITY PLACEMENT CATEGORIES AND ORDER OF PRIORITY

(a) Priority placement category 1 shall consist of the following:

1. An employee or ex-employee entitled to statutory veteran's restoration rights under federal law, 38 U.S.C. § 4301 et seq., and as described in § 5214 of the Authority's Personnel Regulations; or

2. An employee separated as a result of a compensable injury entitled to return to duty in accordance with the provisions of § 5214 of the Authority's Personnel Regulations.

(b) Placement of an individual in priority placement category 1 shall be effected or considered in accordance with applicable statutory rights or orders or judgments pertaining thereto, and shall be effected as mandated.

(c) Priority placement category 2 shall consist of the following:

1. A current employee whose name has been entered on the Authority's reemployment priority list in accordance with § 5207.24;

2. A former employee whose name has been entered on the Authority's reemployment priority list in accordance with § 5207.24;

3. An employee entitled to placement or promotion consideration because of violation of or failure to adhere to law, regulation, or procedures for promotion of Permanent Full-Time employees; and

4. An employee separated as the result of a compensable injury as described in § 5214.5 who was not placed within the two (2) years set forth in § 5214.19, for a period of one (1) year following expiration of the two-year (2-year) period.

(d) Placement of an individual in priority placement category 2 shall be subject to the following:

1. Except for a person in category 1 or an individual described in § 5207.26(e), no person shall be selected ahead of an individual in category 2 unless the selecting official justifies the nonselection in writing and obtains the approval of the Human Resources Director or his or her designee;

2. Each individual shall be referred for positions in the order listed in § 5207.26(c).

(e) A current Permanent Full-Time employee, provided he or she is qualified, may be selected for a position for which a category 2 candidate described in § 5207.26(c)(3) or (4) has been referred; and the selection shall not need to be justified in writing.

D.C. Mun. Regs. tit. 21, r. 21-5207

Final Rulemaking published at 55 DCR 6868 (June 20, 2008)