D.C. Mun. Regs. tit. 6, r. 6-B1415

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

Rule 6-B1415 - EMPLOYEE REQUEST FOR REVIEW

1415.1

This section shall not apply to probationary employees in the Career Service.

1415.2

Employees' requests for review of performance ratings shall be handled at the hiring agency level by the person(s) or entity designated by the agency head to handle such matters. Subordinate agencies must establish an internal Reconsideration and Resolution Committee (RRC) to formally review overall performance ratings of Inadequate Performer (Level 1) and Marginal Performer (Level 2) when an employee requests a review. The RRC shall also conduct a paper review, as defined in Section 1499 of this chapter, of overall ratings of Valued Performer (Level 3), and Highly Effective Performer (Level 4) when an employee requests a review. The paper review excludes the hearing of testimony.

1415.3

The D.C. Department of Human Resources (DCHR) will serve in an impartial advisory capacity in the administration and disposition of performance rating review cases in subordinate agencies.

1415.4

An employee may, within ten (10) business days after participating in a performance rating year-end discussion with his or her immediate supervisor and receipt of an official rating, request a review of the rating by submitting the request for review to the subordinate agency head (or designee).

1415.5

An employee's request for review of an official annual performance rating shall be in writing, and shall be submitted in accordance with procedures issued by the appropriate personnel authority.

1415.6

Pursuant to D.C. Official Code § 1-606.03(a), an employee may appeal a final agency decision regarding a performance rating that results in removal of the employee with the Office of Employee Appeals within thirty (30) calendar days.

1415.7

Upon receipt of a request for review, the subordinate agency head (or designee) shall take either of the following actions:

(a) Dismiss the employee's request for review on technical grounds £.g., procedural or regulatory violation) and sustain the performance rating; or

(b) Accept the employee's request for review, and refer the request to the agency's RRC for review and disposition.

1415.8

Independent personnel authorities may establish a review process for their employees.

1415.9

The provisions of Subsection 1415.6 of this section shall not apply to any performance rating that results in the removal of a Legal Service employee as described in section 1400.2 of this chapter. The right of appeal of such an employee shall be governed by Chapter 36 of these regulations.

1415.10

Rating appeal rights of Metropolitan Police Department employees shall be in accordance with procedures established by the agency.

D.C. Mun. Regs. tit. 6, r. 6-B1415

Final Rulemaking published at 47 DCR 5560 (July 7, 2000) (as section 1412); as amended by Final Rulemaking published at 48 DCR 301 (January 12, 2001) (as section 1412); as amended by Final Rulemaking published at 50 DCR 2851 (April 11, 2003); as amended by Final Rulemaking published at 52 DCR 1302 (February 11, 2005); as amended by Final Rulemaking published at 56 DCR 6164 (August 7, 2009), as corrected by Errata Notice published at 56 DCR 6993 (August 28, 2009); amended by Final Rulemaking published at 66 DCR 5866 (5/10/2019)

Authority: Director, D.C. Department of Human Resources, with the concurrence of the City Administrator, pursuant to Mayor's Order 2008-92, dated June 26, 2008, and in accordance with sections 1351 through 1353 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979, (D.C. Law 2-139; D.C. Official Code § 1-613.51 et seq.) (2006 Repl.)