D.C. Mun. Regs. tit. 6, r. 6-B3113

Current through Register Vol. 71, No. 52, December 27, 2024

Rule 6-B3113 - DISCLOSURE OF INFORMATION

3113.1

The following information about most present and former government employees shall be available to the public:

(a) Name.

(b) Present and past position titles.

(c) Present and past grades.

(d) Present and past salaries.

(e) Present and past duty stations (which includes room numbers, shop designations, or other identifying information regarding buildings or places of employment).

3113.2

Disclosure of this information shall not be made where the information requested is a list of present or past position titles, grades, salaries, and/or duty stations of government employees which, as determined by the official responsible for custody of that information--

(a) Is selected in such a way as to constitute a clearly unwarranted invasion of personal privacy because the nature of the request calls for a response that would reveal more about the employees on whom information is sought than the five enumerated items; or

(b) Would otherwise be protected from mandatory disclosure under an exemption of the D.C. Freedom of Information Act.

3113.3

In addition to the information that may be made available under subsection 3113.1 above, the following information may be made available to a prospective employer of a current or former D.C. Government employee:

(a) Tenure of employment.

(b) Civil service status.

(c) Length of service in the agency and D.C. Government.

(d) When separated, the date of separation shown on the Notification of Personnel Action. The reason for separation shall not be disclosed without the prior written consent of the data subject.

3113.4

For verification of employment, as requested by credit firms, the same information may be furnished as for a prospective employer, except the reason for separation will not be furnished.

3113.5

Information for historical or educational research purposes may be released as follows:

(a) The General Services Administration, National Archives and Records Service, may make information from the Official Personnel Folder of an employee separated from the service available to a person engaged in research for historical or educational purposes or for similar purposes when the person has written permission from the Office of Personnel or an Independent Personnel Authority to receive such information.

(b) This permission shall be requested in writing from the Director of Personnel of the Office of Personnel or an Independent Personnel Authority. Requests for this type of information should include identifying information as described in section 3110 of this chapter, and verification from a publishing, educational, research, or other similarly recognized institution that the information is being sought for historical, educational, or other similar purposes.

(c) Information made available under this subsection shall be in the form of an abstract of the former employee's service in the government and, when the employee has been separated at least five years, an abstract of educational and experience background as reflected in the application for employment with the D.C. Government. Information that is derogatory to the former employee shall not be made available under this subsection.

3113.6

Except as provided in this section, information required to be included in an Official Personnel Folder shall not be available to the public.

3113.7

Information from the Official Personnel Folder may be disclosed to a prospective District or Federal Government employer.

3113.8

The Office of Personnel or an Independent Personnel Authority, upon a request which identifies the individual from whose file the information is sought, shall disclose the following information from an appeal file to a member of the public, except when the disclosure would constitute a clearly unwarranted invasion of personal privacy:

(a) Confirmation of the name of the individual from whose file the information is sought and the names of the other parties concerned.

(b) The status of the case.

(c) The decision in the case.

(d) The nature of the action appealed.

(e) With the consent of the parties concerned, other reasonably identified information from the file.

3113.9

The Office of Personnel or an Independent Personnel Authority shall disclose to the parties concerned the information contained in an appeal file except when the disclosure would violate the proscription against the disclosure of medical information.

3113.10

For the purposes of subsections 3113.8 and 3113.9 above, "the parties concerned" means the applicant for government employment, government employee, or former government employee involved in the proceedings, his or her representative designated in writing, and the representative of the Office of Personnel or Independent Personnel Authority involved in the proceeding.

3113.11

The Office of Personnel or an Independent Personnel Authority shall not disclose information from retirement files and records.

3113.12

All requests for retuirement information shall be referred to the District agency having primary responsibility for the retirement program.

3113.13

Disclosure shall be made to the extent and in the manner provided by D.C. or Federal regulations applicable to the retirement system involved.

3113.14

The annual and sick leave records of an employee, or information from these records, shall not be made available to the public by the Office of Personnel or Independent Personnel Authority or other government agency. However, the leave record, or information from it, shall be disclosed to the employee concerned or, with his or her written consent, to a representative of the employee or any other person that he or she authorizes to have the record.

D.C. Mun. Regs. tit. 6, r. 6-B3113

Final Rulemaking published at 28 DCR 4288 (October 2, 1981)