D.C. Mun. Regs. tit. 6, r. 6-B1602

Current through Register Vol. 71, No. 36, September 6, 2024

Rule 6-B1602 - EMPLOYEE RIGHTS

1602.1

Employees enjoy the protections established in this chapter. No employee may be reprimanded, suspended, demoted, placed on enforced leave, or removed without cause, as defined in this chapter.

1602.2

Employees who are subject to a recognized labor agreement shall enjoy the additional benefits of their collective bargaining agreement. Conflicts between such agreements and this chapter shall be resolved as follows:

(a) The provisions of any labor agreement shall be construed as complementary to the provisions of this chapter;

(b) The provisions of any labor agreement shall be construed as to give effect to the provisions of this chapter;

(c) However, where a specific provision of a labor agreement cannot be reconciled with a specific provision of this chapter, the labor agreement shall control with respect to that provision.

1602.3

Corrective and adverse actions taken against employees are subject to the following limitations:

(a) A corrective or adverse action shall be commenced no more than ninety (90) business days after the agency or personnel authority knew or should have known of the performance or conduct supporting the action;

(b) When there is an investigation involving facts or circumstances germane to the performance or conduct supporting a corrective or adverse action, the time limit established in paragraph (a) shall be tolled pending any criminal investigation by the Metropolitan Police Department or any other law enforcement agency with jurisdiction within the United States, the Office of the United States Attorney for the District of Columbia, or the Office of the Attorney General; or, pending any investigation by the Office of the Inspector General, the Office of the District of Columbia Auditor, or the Office of Police Complaints.

(c) Except in matters involving employees of the Metropolitan Police Department and Fire and Emergency Medical Services Department, the time limit imposed in paragraph (a) may be suspended by the personnel authority for good cause and shall be suspended pending any related investigation by the Board of Ethics and Government Accountability.

D.C. Mun. Regs. tit. 6, r. 6-B1602

As amended by Final Rulemaking published at 47 DCR 7094 (September 1, 2000); Amended by Final Rulemaking published at 63 DCR 1265 (2/5/2016); amended by Final Rulemaking published at 64 DCR 4623 (5/12/2017)