D.C. Mun. Regs. tit. 6, r. 6-B1124

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

Rule 6-B1124 - COMPENSATION SYSTEM REVIEW AND CHANGES

1124.1

(a) The Director, D.C. Department of Human Resources (DCHR), annually may recommend Career, Legal, Excepted, and Management Supervisory Services compensation system changes and adjustments to the Mayor for review. These recommendations shall be based on the criteria established under section 1103 of the CMPA (D.C. Official Code § 1-611.03) (2006).

(b) To the extent that any recommended compensation system changes may affect or ultimately be applicable to Career, Legal, Excepted, and Management Supervisory Services employees in certain independent agencies, the Director, DCHR, shall consult with such independent authorities before making any recommendations to the Mayor.

1124.2

Pursuant to §§ 1105(a) and (b) of the CMPA (D.C. Official Code §§ 1-611.05(a) and (b) (2001)), the Mayor, in consultation with the Board of Education and the Board of Trustees of the University of the District of Columbia, shall periodically review the basic compensation system. This review shall include, at a minimum, the adequacy of rates of basic pay, and may include any other pay-related compensation system components.

1124.3

In accordance with § 1105(c) of the CMPA (D.C. Official Code § 1-611.05(c) (2001)), the Mayor shall provide for appropriate consultations with employee organizations of employees under his or her jurisdiction that have been certified by the Public Employee Relations Board (PERB) for collective bargaining, in the periodic reviews of the compensation system(s).

1124.4

Pursuant to section 1105(d) of the CMPA (D.C. Official Code § 1-611.05(d)) (2006), the Mayor shall submit any proposed compensation system changes and adjustments, including employee salary and rate schedules and their proposed effective date(s), to the Council. The submission to the Council shall specify to which agencies, subordinate or independent, the proposed changes shall apply, as well as exclusions, if any.

1124.5

In accordance with § 1105(e) of the CMPA (D.C. Official Code § 1-611.05(e) (2001)), if the Mayor considers it inappropriate to submit proposed system or salary and rate schedule changes because of economic conditions, the pendency of collective bargaining, or budgetary constraints due to limited appropriations or revenues, the Mayor may submit an alternative plan regarding these changes or adjustments with a statement of the reasons for submitting the alternative plan.

1124.6

Pursuant to § 1106(a) of the CMPA (D.C. Official Code § 1-611.06(a) (2001)), if the Council approves the Mayor's proposal without revisions, and adopts the proposal via resolution, the system and/or salary and rate schedule changes shall become effective on the dates specified by the Mayor in the submission to the Council under § 1124.4.

1124.7

Pursuant to § 1106(a) of the CMPA (D.C. Official Code § 1-611.06(a) (2001)), the Mayor's submission date shall be the first day of the sixty-day (60-day) period referred to throughout this section.

1124.8

Pursuant to § 1106(a) of the CMPA (D.C. Official Code § 1-611.06(a) (2001)), if the Council fails to act on the Mayor's proposal within sixty (60) calendar days of submission, the proposal is deemed approved on the day immediately following expiration of the sixty-day (60-day) period and the system and/or salary and rate schedule changes are effective as provided in § 1124.6.

1124.9

Pursuant to § 1106(b) of the CMPA (D.C. Official Code § 1-611.06(b) (2001)), if the Council revises the Mayor's proposal, the Council's revised proposal shall be returned to the Mayor.

1124.10

Pursuant to § 1106 of the CMPA (D.C. Official Code § 1-611.06(b) (2001)), if the Mayor concurs with the Council's revisions, the provisions of the compensation plan shall become effective as may have been specified by the Council in its revisions or, if not so specified, as provided in § 1124.6.

1124.11

Pursuant to § 1106(c) of the CMPA (D.C. Official Code § 1-611.06(c) (2001)), if the Mayor does not concur with any one (1) or more of the Council's revisions, the Mayor shall return the revised proposal to the Council within ten (10) calendar days of receipt, with a statement of the reasons for not concurring.

1124.12

Pursuant to § 1106(c) of the CMPA (D.C. Official Code § 1-611.06(c) (2001)), the Council reviews the Mayor's proposal and statement and by a two-thirds (2/3) vote of those members present and voting takes either of the following actions within ten (10) calendar days of receiving the proposal:

(a) If the Council adopts a resolution insisting upon one (1) or more of its revisions, the Council returns the revised proposal to the Mayor within ten (10) calendar days of the Mayor's statement to the Council pursuant to § 1124.11; or

(b) If the Council does not act on the Mayor's proposal and statement, or the Council's two-thirds (2/3) vote does not prevail within the ten-day (10-day) period, the Mayor's formal proposal, including any Council revisions to which the Mayor has concurred, shall be effective as provided in § 1124.6.

1124.13

In accordance with § 1106 of the CMPA (D.C. Official Code § 1-611.06(c) (2001)), compensation system and/or salary and rate schedule changes implemented as a result of the process covered in § 1124.12(a) shall become effective as specified by the Council in its revisions or, if not so specified, as provided in § 1124.6.

1124.14

Salary and rate schedules applicable to employees covered by this chapter shall be issued by Mayor's Order or Wage Order.

1124.15

Pursuant to § 1106(d) of the CMPA (D.C. Official Code § 1-611.06(d) (2001)), retroactive pay shall be payable by reason of an increase to the salary or rate schedules under this section only when either of the following occurs:

(a) The individual is in the service of the District government on the date of final action by the Council on the increase; or

(b) The individual retired or died during the period beginning on the effective date of the increase and ending on the date of final action by the Council on the increase, and only for the services performed during that period.

1124.16

(a) Whenever a compensation system change or adjustment alters the manner in which employees covered under a salary or rate schedule are to be paid or results in the creation of a new salary or rate schedule that alters the manner in which employees covered under the schedule are to be paid, the submission to the Council shall include an explanation of the changes and how employees shall be paid.

(b) Immediately upon Council approval of compensation system changes as described in section 1124.16(a) above, the personnel authority shall:

(1) Issue procedures, in writing, for the implementation of the new salary or rate schedule, initial placement of employees on the schedule, and advancement; and

(2) Inform affected employees of the procedures.

D.C. Mun. Regs. tit. 6, r. 6-B1124

Final Rulemaking published at 52 DCR 934 (February 4, 2005); as amended by Final Rulemaking published at 55 DCR 6461 (June 13, 2008)