D.C. Mun. Regs. tit. 6, r. 6-B107

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 6-B107 - APPOINTMENT AFFIDAVIT

107.1

Each personnel authority shall designate in writing a person or persons authorized to administer the oath of office to each employee of an agency.

107.2

As provided in Section 408 of the CMPA (D.C. Official Code § 1-604.08 (2012 Repl.)), each employee of an agency shall swear or affirm to the following oath of office (Oath): "I, (employee's name), do solemnly swear (or affirm) that I will faithfully execute the laws of the United States of America and of the District of Columbia, and will, to the best of my ability, preserve, protect and defend the Constitution of the United States, and will faithfully discharge the duties of the office on which I am about to enter."

107.3

As part of the oath, each employee shall execute the following:

(a) An affidavit stating: "I have not, nor has anyone acting on my behalf, given, transferred, promised, or paid any consideration for or in expectation or hope of receiving assistance in securing this appointment."; and

(b) An affidavit on the "Declaration of Appointee Form," stating: "The answers in the Declaration of Appointee are true and correct and I have read and understand the information provided on the "Declaration of Appointee Form."

107.4

The appointee, on the "Declaration of Appointee Form," shall be required to provide information concerning the following:

(a) Application for or receipt of an annuity under any District government civilian retirement system or other compensation based upon District government service; and

(b) Certification of notification of the prohibition to strike pursuant to Section 1705 of the CMPA (D.C. Official Code § 1-617.05 (2012 Repl.)).

107.5

The provision in Subsection 107.4(a) of this section shall not be applicable to elected officials and members of boards and commissions.

107.6

An individual initially appointed to the District government and any individual reappointed after a break in service of one (1) or more days shall take the Oath and execute the appointment affidavit as soon as administratively practicable, but not later than thirty (30) days after the effective date of his or her appointment.

107.7

An individual who refuses to swear or affirm to the Oath as provided in Subsections 107.3 or 107.6 of this section shall not be appointed or shall have his or her appointment terminated.

107.8

The appointment of an employee may become effective before the Oath is executed although the employee has no right to continued employment until the Oath is executed. The Oath, when executed, shall refer to the date of entrance on duty so as to entitle the employee to pay from that date.

107. 9

The following shall apply when the Oath is administered on an individual or group basis:

(a) The person administering the Oath shall read the Oath aloud to the appointee(s);

(b) The appointee(s) taking the Oath shall stand, raise his or her right hand, and repeat the Oath aloud, except as provided in Subsection 107.10 of this section and with regard to any physical disability the appointee(s) may have that may necessitate reasonable accommodation;

(c) The appointee(s), after taking the Oath and in the presence of the person administering the Oath, shall sign the appointment affidavit; and

(d) The person administering the Oath, upon signature by the appointee(s) of the appointment affidavit, shall sign the appointment affidavit.

107.10

When a group of appointees is taking the Oath, the person administering the Oath may ask the appointees to swear or affirm to the Oath by saying "yes" after the oath is read aloud to them.

107.11

The Oath should be administered, if practicable, before the flags of the United States and District of Columbia.

107.12

The appointment affidavit shall be filed as a permanent record in each employee's official personnel folder and a copy filed with the employing agency.

107.13

An individual who is retroactively restored to duty without a break in service shall not be required to again swear or affirm to the oath of office or execute a new appointment affidavit.

D.C. Mun. Regs. tit. 6, r. 6-B107

Final Rulemaking published at 62 DCR 15849 (12/11/2015)