D.C. Mun. Regs. tit. 6, r. 6-B879
Current through Register Vol. 71, No. 49, December 6, 2024
Rule 6-B879 - RETIREMENT OR RESIGNATION OF A MEMBER OF THE FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT WHILE UNDER DISCIPLINARY INVESTIGATION879.1 Upon receipt of a notification of resignation or request for optional retirement, the Assistant Fire Chief of Operations and/or the Assistant Fire Chief of Services shall:
(a) Determine whether the member is under disciplinary investigation; and(b) Forward the notification of resignation or request for optional retirement to the Fire and EMS Chief with a notation as to whether the member is under disciplinary investigation.879.2 Upon receipt of a notification of resignation or request for optional retirement that includes a notation that the member is under disciplinary investigation, the Fire and EMS Chief shall:
(a) Deny the request for waiver of the thirty (30) day notification requirement for members seeking to resign, if such a waiver was requested; (b) Deny the request for waiver of the sixty (60) day notification requirement for members seeking to retire, if such a waiver was requested; (c) Order the expedited completion of the investigation;(d) Inform the member that he or she is under conditional resignation or conditional retirement due to the pending disciplinary investigation for allegations of serious misconduct and that the final accounting of the member's salary and annual leave balance is conditioned upon final resolution of the investigation; and(e) Inform the Director of the Department of Human Resources and the Chief Financial Officer that the member's resignation or retirement is conditional and that the final accounting with respect to the member's salary and annual leave balances are to be held in abeyance pending resolution of the disciplinary investigation.879.3 A member who is in conditional resignation or conditional retirement shall not be paid a pension or receive other accrued benefits of any kind, including salary, compensatory time, or accrued leave, during the pendency of the disciplinary investigation.
879.4 The investigation of a member for alleged serious misconduct shall be completed within twenty-five (25) days after the effective date of the member's resignation or retirement. If FEMS does not complete the investigation within twenty-five (25) days after the date of retirement or resignation, the matter shall be deemed to be closed and the allegations of misconduct not sustained. The member's pension rights and accrued benefits shall be paid retroactive to the date on which the member initially retired or resigned.
879.5 If at any time during a member's conditional retirement or conditional resignation FEMS finds that the serious misconduct allegation is not sustained or is unfounded, the matter shall be deemed closed and the member's pension rights and accrued benefits shall be paid retroactive to the date on which the member initially retired or resigned.
879.6 If FEMS sustains the serious misconduct allegation, the disciplinary process shall proceed as if the member in conditional retirement or conditional resignation continued to be a member of FEMS.
(a) The member shall be accorded all rights to which he or she is entitled under federal and District of Columbia law and regulations, Department regulations, and any applicable labor agreement.(b) If FEMS, through the disciplinary process, ultimately determines that a member in conditional retirement or conditional resignation should be subject to discipline as provided by law and regulation, the member shall be subject to penalties in lieu of discipline. (c) A member in conditional retirement or conditional resignation who would have received a suspension as discipline had he or she remained a member of FEMS, shall be assessed a penalty of not less than one hundred dollars ($100) and not more than five thousand dollars ($5,000), as determined in the discretion of the Fire and EMS Chief based on the length of suspension, and FEMS Order Book Article VII, Maintenance of Discipline.(d) A member in conditional retirement or conditional resignation who would have been demoted or terminated as discipline had he or she remained a member of FEMS, shall be assessed a penalty of not less than one thousand dollars ($1,000) and not more than five thousand dollars ($5,000) as determined in the discretion of the Fire and EMS Chief based on FEMS Order Book Article VII, Maintenance of Discipline. (e) Penalties assessed against a member in conditional retirement or conditional resignation as provided shall be treated as a debt owed to the District of Columbia government, pursuant to Section 2903 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (CMPA), effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-629.03) , and may be collected by the District of Columbia government, pursuant to Section 2904 of the CMPA (D.C. Official Code § 1-629.04) , or by any other means authorized by law.(f) A member in conditional retirement or conditional resignation may challenge the imposition of penalties in an administrative proceeding before the District of Columbia Office of Employee Appeals, pursuant to the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code §§ 2-501 et seq.). 879.7 A member who retires or resigns without knowing that he or she was under disciplinary investigation for serious misconduct shall not be deemed to be in conditional retirement or conditional resignation, but shall instead be provided the opportunity to continue employment with FEMS during the pendency of the disciplinary investigation. Should the member decide to retire or resign after being informed of the disciplinary investigation, he or she shall be deemed to be in conditional retirement or conditional resignation as provided in these regulations.
879.8 The following terms, when used in this section or Section 878, shall have the meanings ascribed:
(a)"Conditional Resignation" - the resignation of an FEMS member while under disciplinary investigation for serious misconduct.(b)"Conditional Retirement" - the retirement of an FEMS member while under disciplinary investigation for serious misconduct.(c)"Disciplinary Investigation" - an official investigation by FEMS, including the Office of Internal Affairs, of an allegation of serious misconduct by any FEMS member.(d)"Member" - a uniform employee of FEMS, including but not limited to the following positions: (1) Assistant Fire Chief;(3) Battalion Fire Chief;(8) Emergency Medical Technician;(9) Fire Arson Investigator;(10) Fire Assistant Marine Engineer;(12) Fire Marine Engineer;(15) Firefighter Inspector;(16) Firefighter Inspector Technician;(17) Firefighter Investigator;(18) Firefighter Paramedic;(19) Firefighter Paramedic Technician;(21) Firefighter Technician;(23) Lieutenant Paramedic;(25) Paramedic Firefighter;(26) Paramedic Instructor;(28) Sergeant Paramedic; or(29) Supervisory Paramedic.(e)"FEMS" - the Fire and Emergency Medical Services Department.(f)"Resign" - the voluntary separation of a member from FEMS before the member's pension rights have accrued or vested.(g)"Retire" - the voluntary separation of a member from FEMS after the member's pension rights, retirement pay, or other benefits have accrued and vested as provided by federal or District of Columbia law or regulation.(h)"Serious Misconduct" - any felony violation of federal, local, or District of Columbia law, making of a false statement under oath, falsification of official records or reports, using unnecessary force, gross dereliction of duty, perpetrating a felony or assisting a person to escape investigation or prosecution, use of illegal or controlled substances, or other violations as determined by the Fire and EMS Chief (See FEMS Order Book Article VII, Maintenance of Discipline).D.C. Mun. Regs. tit. 6, r. 6-B879
Final Rulemaking published at 63 DCR 8242 (6/10/2016