D.C. Mun. Regs. tit. 6, r. 6-B3609

Current through Register Vol. 71, No. 44, November 1, 2024

Rule 6-B3609 - PERFORMANCE IMPROVEMENT PLANS

3609.1 Each attorney, other than attorneys in Senior Executive Attorney Service positions, assigned an overall rating of "needs improvement" in an annual or interim evaluation shall be provided with a Performance Improvement Plan, on a form jointly approved by the Attorney General and the Director of the Mayor's Office of Legal Counsel.

3609.2 The Performance Improvement Plan shall identify specific areas where improvement is needed in performing the attorney's work in a manner that meets the expectations of an attorney in that grade. Each line attorney who receives either a "needs improvement" rating in any performance element or overall or a "fails expectations" rating in any performance element shall be provided with such a Performance Improvement Plan. Each line attorney who receives a "fails expectations" rating overall shall be provided with an advance written notice of proposed removal under Section 3614 of this chapter.

3609.3 The Performance Improvement Plan shall be prepared by the supervisor and shall be provided to the attorney within thirty (30) days of his or her receipt of the evaluation. A copy of all Performance Improvement Plans shall be provided to the Attorney General, the Director, or the agency head and the Director, as applicable.

3609.4 A Performance Improvement Plan shall:

(a) Identify performance standards where the attorney fails to meet job requirements;

(b) Outline specific action steps that are necessary for the attorney to improve in the deficient area(s), including training if applicable and available;

(c) Identify measures that the supervisor will use to determine whether action steps have been successfully completed, and whether performance has improved;

(d) Provide for monitoring of attorney progress as needed; and

(e) Include a time by which each action item shall be completed.

3609.5 After the Performance Improvement Plan is developed and forwarded to an attorney, he or she shall be given at least three (3) months to demonstrate improvement.

3609.6 Attorney performance under the Performance Improvement Plan shall be an additional basis for evaluation at any interim evaluation and the annual written evaluation.

3609.7 Each supervisor shall prepare and submit to the Training Director of the Office of the Attorney General, the Director, or the agency head and the Director, as applicable, a report summarizing any training requirements included in Performance Improvement Plans for attorneys under his or her supervision. This report shall be submitted at the same time that the Performance Improvement Plan is provided to the affected attorney. The report shall identify subject-matter areas where training is needed and include suggestions as to the types of programs and courses that could be used to meet those identified training needs.

D.C. Mun. Regs. tit. 6, r. 6-B3609

Final Rulemaking published at 47 DCR 7371 (September 28, 2000); as amended by Final Rulemaking 54 DCR 12269 (December 21, 2007); as amended by Notice of Emergency and Proposed Rulemaking published at 56 DCR 7495 (September 11, 2009)[EXPIRED]; as amended by Notice of Final Rulemaking published at 58 DCR 7649, 7651 (August 26, 2011); as Amended by Final Rulemaking published at 61 DCR 12182 (November 28, 2014)

Authority: Pursuant to the authority set forth in section 861 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979( D.C. Law 2-139), as added by the Legal Service Establishment Amendment Act of 1998 (Legal Service Act), effective April 20, 1999 (D.C. Law 12-260), and as amended by the Legal Service Amendment Act of 2005 (Legal Service Amendment Act), effective October 20, 2005 (Title III(B) of D.C. Law 16-33; D.C. Official Code § 1-608.61 (2006 Repl.)).