D.C. Mun. Regs. tit. 6, r. 6-B1606

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

Rule 6-B1606 - ESTABLISHING APPROPRIATE ACTION

1606.1

After establishing a sufficient basis for taking action (i.e., evidence to support the allegation(s); a nexus between the conduct or performance at issue and the employee's job or the agency's mission), managers must determine the appropriate action for the employee's conduct or performance deficits.

1606.2

For all corrective and adverse actions, managers shall be prepared to demonstrate that the following factors were considered:

(a) The nature and seriousness of the misconduct or performance deficit, and its relationship to the employee's duties, position, and responsibilities, including whether the offense was intentional, technical or inadvertent; was committed maliciously or for gain; or was frequently repeated;

(b) The employee's job level and type of employment, including supervisory or fiduciary role, contacts with the public, and prominence of the position;

(c) The employee's past disciplinary record;

(d) The employee's past work record, including length of service, performance on the job, ability to get along with fellow workers, and dependability;

(e) The effect of the offense upon the employee's ability to perform at a satisfactory level and its effect upon supervisors' confidence in the employee's ability to perform assigned duties;

(f) Consistency of the penalty with those imposed upon other employees for the same or similar offenses;

(g) Consistency of the penalty with the table of illustrative penalties (§ 1607);

(h) The notoriety of the offense or its impact upon the reputation of the agency or the District government;

(i) The clarity with which the employee was on notice of any rules that were violated in committing the offense, or had been warned about the conduct in question;

(j) Potential for the employee's rehabilitation;

(k) Mitigating circumstances surrounding the offense such as unusual job tensions, personal problems, mental impairment, harassment, or bad faith, malice or provocation on the part of others involved in the matter; and

(l) The adequacy and effectiveness of alternative sanctions to deter such conduct in the future by the employee or others.

1606.3

All of these factors shall be considered and balanced to arrive at the appropriate remedy. While not all of these factors may be deemed relevant, consideration should be given to each factor based on the circumstances.

1606.4

Except in the case of a reprimand, th e analysis of the factors above shall be included in any proposed corrective or adverse action and shall be included in and taken into consideration regarding any final agency decision on corrective or adverse action.

D.C. Mun. Regs. tit. 6, r. 6-B1606

As amended by Final Rulemaking published at 47 DCR 7094 (September 1, 2000); as amended by Final Rulemaking published at 49 DCR 11781 (December 27, 2002); and as amended by Final Rulemaking published at 55 DCR 1775 (February 22, 2008); Amended by Final Rulemaking published at 63 DCR 1265 (2/5/2016); amended by Final Rulemaking published at 64 DCR 4623 (5/12/2017)