D.C. Mun. Regs. tit. 6, r. 6-B3614

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

Rule 6-B3614 - DISCIPLINE

3614.1 An attorney appointed to the Legal Service, other than an attorney in a Senior Executive Attorney Service position, shall be disciplined in accordance with this section.

3614.2 An attorney appointed to a Senior Executive Attorney Service position shall be subject to discipline or termination at-will. If a termination is not for delinquency or misconduct, the Attorney General or the Director of the Mayor's Office of Legal Counsel may recommend appointment to another available position in the Legal Service.

3614.3 An attorney, other than an attorney in a Senior Executive Attorney Service position, shall be subject to discipline or termination for unacceptable performance or for any other reason that is not arbitrary or capricious.

3614.4 Discipline may include reprimand, suspension (with or without pay), reduction of grade or step, and removal.

3614.5 An attorney, other than an attorney in a Senior Executive Attorney Service position, shall be provided at least a ten (10) day written notice prior to the imposition of discipline against him or her. The notice shall contain all of the following:

(a) The reasons for the disciplinary action;

(b) The discipline to be imposed; and

(c) A statement that the stated discipline shall be imposed in ten (10) days from the date of the notice unless the attorney responds in writing to the Attorney General, the Director, or the agency head, as applicable, within ten (10) days of receiving the notice, and that the response may include a request for a hearing.

3614.6 If the attorney submits a response as provided in Subsection 3614.5(c), the Attorney General, the Director, or the agency head, as applicable, may, within ten (10) days of receipt of the attorney's response, grant a hearing on the matter. The hearing notice shall provide:

(a) The place of the hearing and a hearing date and time not less than fifteen (15) nor more than thirty (30) days from the date of the hearing notice;

(b) That the attorney may review, upon request to his or her supervisor, all materials upon which the disciplinary action is based, including, but not limited to statements of witnesses, documents, and reports of investigations or extracts therefrom;

(c) That the attorney may be represented by an approved attorney, or other representative, at the hearing; and

(d) That the attorney has the right to present evidence at the hearing, including written statements of witnesses, affidavits, or both.

3614.7 A hearing pursuant to Subsection 3614.6 may be held before the Attorney General, the Director, or the agency head, as applicable, or their designees and shall be closed except for the attorney, his or her representative, and the supervisor who issued the disciplinary action notice. There shall be no discovery procedures except as provided in this section. An official record shall be kept of the hearing.

3614.8 The Attorney General, the Director, or the agency head, as applicable shall provide the attorney with a final written administrative decision within fifteen (15) days of the hearing date, or within fifteen (15) days of receipt of the attorney's response under Subsection 3614.5(c) if no hearing is held. The agency head shall consult with the Director in reaching a final decision.

3614.9 The decision of the Attorney General shall be final with respect to attorneys employed by the Office of the Attorney General. The final decision of the Mayor's Office of Legal Counsel or subordinate agency head shall be accompanied by notice of the right to appeal the decision to the Mayor within five (5) days of receipt of the decision. The decision of the Mayor issued in response to such an appeal shall be final.

D.C. Mun. Regs. tit. 6, r. 6-B3614

Final Rulemaking published at 47 DCR 7371 (September 28, 2000); as amended by Final Rulemaking 54 DCR 12269 (December 21, 2007); as Amended by Final Rulemaking published at 61 DCR 12182 (November 28, 2014)