D.C. Mun. Regs. tit. 8, r. 8-B1508

Current through Register Vol. 72, No. 2, January 10, 2025

Rule 8-B1508 - ADVERSE ACTIONS: SUSPENSIONS OF 10 DAYS OR MORE, DEMOTIONS, AND TERMINATIONS

1508.1

Whenever a corrective action fails to improve a performance or conduct problem or is an inadequate disciplinary response to address the conduct or performance that fails to meet expectations, or in the case when an employee cannot perform an essential duty of his or her employment, an adverse action may be warranted.

1508.2

An adverse action is a suspension of ten (10) days or more, a demotion, or a termination.

1508.3

Except in the case of summary disciplinary actions in accordance with § 1510, the Proposing Official will issue a Notice of Proposed Adverse Action, which will inform the employee of the following:

(a) The type of proposed adverse action (suspension of ten (10) days or more, demotion, or termination);

(b) The nature of the proposed adverse action (days of suspension, demotion, or removal);

(c) The specific performance or conduct at issue;

(d) The ways in which the employee's performance or conduct fails to meet appropriate standards;

(e) The name and contact information of the Deciding Official; and

(f) The employee's right to:

(1) Review material upon which the proposed adverse action is based;

(2) Prepare a written response to the notice, and

(3) Be represented by an attorney or other representative.

1508.4

The Notice of Proposed Adverse Action will be approved and signed by the Proposing Official.

1508.5

The employee to whom a Notice of Proposed Adverse Action is issued will be asked to acknowledge its receipt in writing. If the employee refuses to acknowledge receipt in writing, a witness to the refusal will provide a brief written statement that the employee refused to acknowledge receipt in writing, and that statement will be signed and dated by the witness.

1508.6

The material upon which the Notice of Proposed Adverse Action is based, and which is necessary to support the reasons given in the Notice, will be assembled and provided to the employee along with the Notice, unless impractical. If the materials cannot be provided at the time of Notice, they will be made available to the employee for his or her review, upon request.

1508.7

Within fifteen (15) days of receipt of the Notice of Proposed Adverse Action, an employee may elect to submit a written response to the Deciding Official.

(a) An employee's written response may clarify, expand on, or take exception to the statements or conclusions made in the Notice of Proposed Adverse Action. Once submitted, the response will be maintained and treated as an attachment to the Notice of Proposed Adverse Action.

1508.8

Except in the case of summary disciplinary action in accordance with § 1510, an employee will remain in a pay status pending issuance of a final determination of the proposed adverse action.

D.C. Mun. Regs. tit. 8, r. 8-B1508

Final Rulemaking published at 64 DCR 12703 (12/15/2017)