D.C. Mun. Regs. tit. 6, r. 6-B1806

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

Rule 6-B1806 - RESTRICTIONS ON THE EMPLOYMENT OF RELATIVES (NEPOTISM)

1806.1

In accordance with the District of Columbia Government Comprehensive Merit Personnel Amendment Act of 2012, effective March 14, 2012 (D.C. Law 19-115; D.C. Official Code § 1-618.04); and the Civil Service Act of 1967, effective October 13, 1978, as amended ( Pub. L. 90-206; 5 USC § 3110) , this section restricts the hiring and advancing of relatives by public officials.

1806.2

For purposes of this section, the following meanings apply:

(a) "Public official" means an officer, employee, or any other individual in whom authority by law, rule, or regulation is vested, or to whom the authority has been delegated to select, appoint, employ, promote, reassign, demote, separate, or recommend individuals for any of these actions.

(b) A "hiring decision" means selecting, appointing, employing, promoting, reassigning, advancing, or advocating a personnel action.

1806.3

A public official may not directly or indirectly make a hiring decision regarding a position within his or her own agency with respect to a relative. Specifically, a public official may not appoint, employ, promote, evaluate, interview, or advance (or advocate for such actions) any individual who is a relative in an agency in which the public official serves or exercises jurisdiction or control. A violation of this subsection shall constitute disciplinary cause and subject the public official to disciplinary action, up to, and including removal.

1806.4

Any hiring decision secured or effectuated in violation of this section shall be rescinded immediately.

1806.5

In addition to any other remedies available pursuant to law, including penalties imposed by the Office of Government Ethics, a public official who violates Subsection 1806.3 shall pay restitution to the District of Columbia for any gains received by the relative.

1806.6

When the agency contemplates making a hiring decision concerning a relative of a public official within the same agency, the public official must file a written recusal, which shall be included in the relative's official personnel file along with the subject personnel action.

1806.7

In the event of emergencies resulting from natural or manmade disasters, the Mayor may suspend the prohibitions of this section, as permitted by the District of Columbia Government Comprehensive Merit Personnel Amendment Act of 2012, effective March 14, 2012 (D.C. Law 19-115 (D.C. Official Code § 1-618.04); and the Civil Service Act of 1967, effective October 13, 1978, as amended ( Pub. L. 90-206; 5 USC § 3110(d)) .

D.C. Mun. Regs. tit. 6, r. 6-B1806

Final Rulemaking published at 28DCR 3611 (August 14, 1981); as amended by Final Rulemaking published at 30 DCR 5542 (October 28, 1983); as amended by Final Rulemaking published at 33 DCR 6794 (October 31, 1986); as amended by Final Rulemaking published at 61 DCR 3799 (April 11, 2014); amended by Final Rulemaking published at 67 DCR 897 (1/31/2020)

Authority: Chapter XVIII 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 § 1-618.01 et seq.) (2012 Repl. & 2013 Supp.), and Mayor's Order 2008-92, dated June 26, 2008.