D.C. Mun. Regs. tit. 6, r. 6-B1000

Current through Register Vol. 71, No. 42, October 18, 2024

Rule 6-B1000 - EXECUTIVE SERVICE

1000.1 The Executive Service is established within the District government to ensure that each subordinate agency head is of the highest quality, is responsible for the effective and efficient management of subordinate agencies, and is responsive to the needs of the citizens and the goals of the District of Columbia government.

1000.2 Appointments to Executive Service positions shall be made by the Mayor as provided by §§ 1051 through 1063 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 §§ 1-610.51 et seq. (2012 Repl.)).

1000.3 Employees appointed to the Executive Service shall serve at the pleasure of the Mayor, except as otherwise provided for by statute.

1000.4 The provisions of this chapter shall apply to employees appointed to the Executive Service by the Mayor, including individuals appointed to serve as Chief of Police of the Metropolitan Police Department, Fire Chief of the Fire and Emergency Medical Services Department, and Chancellor of the District of Columbia Public Schools, except as otherwise provided for by statute.

1000.5 Employment in the Executive Service shall comply with the Immigration Reform and Control Act of 1986, as amended, which requires that employers hire only citizens and nationals of the United States and aliens authorized to work and to verify the identity and employment eligibility of all employees hired after November 6, 1986.

1000.6 Except in the case of an individual who meets the following criteria, any person who accepts an appointment or is hired to fill a position in the Executive Service on or after October 1, 2002 shall become a domiciliary of the District of Columbia within one hundred eighty (180) days of the effective date of appointment and shall maintain District of Columbia domicile for the duration of appointment:

(a) Any person who was an employee of the District of Columbia government on December 31, 1979, and who is still employed by the District of Columbia government without having had a break in service of one (1) workday or more since that date; or

(b) Pursuant to the provisions of § 7 of the Saint Elizabeths Hospital and District of Columbia Mental Health Services Act, approved November 8, 1984 ( Pub.L. 98-621; 98 Stat. 3376; 24 U.S.C. § 225e(b)) , any former employee of the U.S. Department of Health and Human Services at St. Elizabeths Hospital who accepted employment with the District government without a break in service effective October 1, 1987, and who has not had a break in service since that date.

1000.7 Except as provided in Subsections 1000.6(a) and (b) of this section, any employee in the Executive Service who was hired prior to October 1, 2002, and who was required to be or become a bona fide resident of the District of Columbia within one hundred eighty (180) days of appointment and maintain such residency for the duration of appointment or forfeit employment shall continue to be bound by the residency requirement that was in effect before October 1, 2002.

1000.8 Failure to become a domiciliary of the District of Columbia within the required period of time and to maintain District of Columbia domicile pursuant to this section shall result in forfeiture of employment.

1000.9 Notwithstanding the provisions of Subsections 1000.6 through 1000.8 of this section, a person nominated to serve in an acting or interim capacity in the Executive Service shall not become subject to the domicile requirement until after confirmation by the Council and promulgation of a Mayor's Order or a personnel action appointing him or her to the Executive Service position. Specifically, the person shall become a domiciliary of the District of Columbia within one hundred eighty (180) days from the date specified in the Mayor's Order as the date of appointment, or from the effective date of the personnel action processed after Council confirmation to appoint him or her to the position, whichever action occurs first.

1000.10 The Director of the D.C. Department of Human Resources (Director of the DCHR) shall inform each employee subject to the provisions of Subsection 1000.9 of this section, in writing, of the exact date by which he or she shall meet the domicile requirement.

D.C. Mun. Regs. tit. 6, r. 6-B1000

As amended by Final Rulemaking published at 47 DCR 4435 (May 26, 2000); as amended by Final Rulemaking published at 47 DCR 6224 (August 4, 2000); as amended by Final Rulemaking published at 50 DCR 4254 (May 30, 2003); as amended by Final Rulemaking published at 50 DCR 6707 (August 15, 2003) and as amended by Final Rulemaking published at 51 DCR 9017 (September 17, 2004); as amended by Final Rulemaking published at 61 DCR 8761 (August 22, 2014)