Talent Acquisition

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200     Government Workforce

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200.1    The District of Columbia government employs dedicated people who are selected from the best qualified talent, considering the government’s immediate and long-term needs.

200.2    Employees are organized into one of six services: Career, Educational, Excepted, Executive, Legal, or Management Supervisory Service.

200.3   The provisions of this chapter apply only to applicants, candidates, and employees for or in the Career Service, and to individuals appointed, or reappointed, to a position within the Educational Service in the Office of the State Superintendent of Education, and, as provided in § 219.3, the Excepted Service. The provisions of this chapter do not apply to the Executive, Management Supervisory, or Legal Service, or the Excepted Service other than as stated in this provision.

200.4    This chapter does not apply to the recruitment, selection, or promotion of fire, police, or emergency medical services employees. Procedures for these activities are covered by Chapter 8.

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201     Career Service

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201.1    Excluding jobs properly classified in the Educational, Excepted, Executive, Legal, or Management Supervisory Services, or as otherwise provided by law, all District government jobs are in the Career Service.

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202     Talent Acquisition (Generally)

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202.1    When used in the context of this chapter, talent acquisition refers to the District government’s efforts to prepare for future talent needs, attract highly skilled candidates to government service, and select individuals for employment.

202.2    All personnel actions appointing or affecting employees shall comply with the standards established in this chapter and any additional procedural guidelines issued by the personnel authority.

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203     Workforce Planning

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203.1    All provisions of contracts existing before January 1, 1980, between the District Government and labor organizations, shall remain in effect until their expiration.

203.2    The personnel authority shall implement a workforce planning process that identifies current and potential critical skills and knowledge gaps. Workforce planning data will be used to:

1. Develop and implement knowledge gap reduction strategies;
2. Inform agency structures and deploy the workforce; and
3. Identify and develop strategies to overcome internal and external barriers to accomplishing strategic workforce goals.

203.3    When required by the personnel authority, all agencies shall develop an agency-specific workforce plan. Agencies shall review and update their specific workforce plans biennially to measure progress and reflect changes in business strategy or operational goals. Agency workforce plans shall include the following metrics:

1. A list of mission critical positions;
2. Core competencies by position type to include all positions;
3. Employee turnover by position type and tenure;
4. The number of new hires within the last two (2) years;
5. The average time to fill a position;
6. The current number of vacancies; and
7. The number of employees eligible to retire within the next two (2) years.

203.4    The personnel authority shall inform agencies of any requirement, and the applicable deadline, related to furnishing agency specific workforce plans. The personnel authority shall collect, aggregate, and analyze information from workforce plans to prepare recommendations for addressing workforce shortages.

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204     Emergency Appointments

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204.1    The personnel authority may make noncompetitive emergency appointments for not more than thirty (30) days to provide essential services in situations of natural disaster or catastrophes when normal employment procedures are impracticable.

204.2    Pursuant to D.C. Official Code § 7-2304(b)(16), whenever there is an emergency executive order in effect, the Director of the Department of Human Resources, when necessary and appropriate to address the emergency, may authorize the appointment of qualified individuals into Career and Educational Service positions without competition.

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205     Recruitment Strategies, Marketing, and Branding

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205.1    The personnel authority shall develop and implement a recruitment strategy for attracting highly qualified talent. The strategy shall encompass methods that enable agencies to utilize workforce data to make budgeting decisions that provide the greatest value to residents, promote a singular employer recruitment brand, and clearly articulate a set of offerings provided to employees.

205.2    The overall development and application of recruitment-related marketing and communications strategies shall rest primarily with the personnel authority. The personnel authority is charged with oversight for the development of internal and external recruitment-related marketing and communications strategies for the agencies under its authority.

205.3    No marketing consultants, marketing research firms, social media consultants, advertising agencies, graphic design firms, or web design firms shall be hired to develop recruitment-related materials without the approval of the personnel authority.

205.4    In deciding the recruitment methods to use an agency shall identify the methods that will most likely meet the agency's mission, objectives, and hiring goals. However, all recruitment methods, including any template communications and marketing materials, should be approved by the personnel authority prior to their use. These include, but are not limited to draft, sample or template:

1. Publications (including print and electronic publications);
2. Logos;
3. Branding and slogans;
4. Advertising (the term advertising includes traditional media channels — TV, radio, billboard, magazine, newspaper, etc.), as well as marketing communications that utilize new media channels, including websites, email solicitations, and other activities involved in marketing employment with the District government;
5. General media relations (distribution of press releases, development of external newswires, and all other activities related to media relations);
6. Promotional videos; and
7. Social media.

205.5    These provisions do not apply to any marketing strategy in use on the effective date of this section.

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206     Qualification and Evaluation Standards

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206.1    The Director of the D.C. Department of Human Resources (DCHR) shall establish standards with respect to education, training, experience, suitability, physical and mental fitness, or other criteria that agencies will then use to establish specific hiring requirements and evaluate applicants and employees for placement, consistent with all applicable laws and regulations. DCHR may use the United States Office of Personnel Management’s Qualification Standards, available at https://www.opm.gov/policy-data-oversight/classification-qualifications/general-schedule-qualification-standards/, in the development of these standards. Agencies shall be knowledgeable about, and inform DCHR of, all relevant legal requirements and any changes to these requirements.

206.2    All positions shall be classified using the Office of Personnel Management Handbook of Occupational Groups and Families, available at https://www.opm.gov/policy-data-oversight/classification-qualifications/classifying-general-schedule-positions/occupationalhandbook.pdf,  and may be modified or otherwise established by the Director of DCHR.

206.3    Possession of a current license shall be a required qualification for all occupations and professions for which a license is required by District or federal law. 

206.4    Unless otherwise provided by law, the minimum age requirement for employment with the District government is sixteen (16) years old.

206.5    Employees shall be citizens of the United States, lawful permanent residents, or otherwise authorized to work in the United States by the U.S. Citizenship and Immigration Services.

206.6    All relevant paid and unpaid job-related experience shall be considered when evaluating candidates for employment and promotion.

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207     Competitive and Non-competitive Actions

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207.1    All initial appointments, placements, and subsequent assignments and promotions shall be made by open competition, unless otherwise authorized by this chapter. 

207.2    Notwithstanding § 207.1, the following actions do not require open competition:

1. Promotions resulting from the upgrade of a position without a significant change in duties and responsibilities due to the application of a new classification standard or the correction of an initial classification error;
2. Promotions resulting from an employee's position being reclassified at a higher grade because of an increase in duties and responsibilities or a desk audit without planned management action;
3. Career ladder promotions when the original competition for the position clearly established the career ladder or when a career ladder is established due to a reclassification or desk audit;
4. Temporary promotions of 180 days or less;
5. Promotions of employees who were not properly considered during a competitive promotion action;
6. Promotions of employees who were erroneously denied a promotion, when ordered by the personnel authority;
7. Position changes made pursuant to reduction-in-force regulations;
8. Position changes from a position with known promotion potential to a position at the same or equivalent grade with no known promotion potential, including transfers made pursuant to § 231.2;
1. Re-promotions to a grade or position from which employees were demoted, when the demotions were neither disciplinary in nature nor at the employees’ request;
10. Reassignments or transfers to a position of the same or equivalent grade with no greater promotional potential, including a reassignment from a non-supervisory to a supervisory position or a non-manager to a manager position;
11. Restorations to duty pursuant to § 228.1 at a grade no higher than the last position held;
12. Conversions of a temporary or term appointment to a regular Career Service appointment with permanent status, when the initial appointment was made through open competition within the Career Service;
13. Temporary and term appointments of non-educational employees at the Office of the State Superintendent of Education (OSSE) at grade 7 and below; and
14. Temporary and term appointments made pursuant to § 209.4 and § 219.

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208     Career Ladders

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208.1    A career ladder is a permanent appointment with a sequential series of positions and grades, in the same line of work, with duties that increase in difficulty from the entrance level to the grade level classified as full performance.

208.2    Career ladders shall be approved by the personnel authority. The full-performance level of a career ladder shall be no higher than grade 13 for professional, scientific, and licensed professional positions, and no higher than grade 12 for all other positions.

208.3    An agency may promote an employee within his or her career ladder non-competitively up to the full-performance level of the position.

208.4    Promotions within a career ladder are not guaranteed. For an employee to be eligible for promotion within a career ladder:

1. The employee must meet time-in-grade requirements for the next higher-grade position;
2. The employee must meet the minimum qualification requirements for the next higher-grade position, including selective factors;
3. The employee must demonstrate to the satisfaction of his or her supervisor his or her ability to perform at the next higher-grade level;
4. The agency must have work available at the higher-level work to be performed; and
5. The agency must have available funding for the promotion.

208.5    If an agency has a limited number of career ladder promotions available, the agency may promote employees on the career ladder based on seniority, merit, or any other reasonable factor.

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209     Temporary and Term Appointments

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209.1    The personnel authority may make a temporary appointment for a limited period of at least ninety (90) days up to twelve (12) months. A temporary appointment may be extended, provided the aggregate temporary appointment is less than twelve (12) months. Except for appointments made pursuant to § 209.4, temporary appointments shall be made through open competition.

209.2    The personnel authority may make a term appointment for a limited period of no less than twelve (12) months and no more than four (4) years. Term appointments shall not be used to carry out government business for an indefinite period. Except for appointments made pursuant to § 209.4, term appointments shall be made through open competition.

209.3    An individual appointed to a temporary or term appointment shall meet the minimum qualifications for the position.

209.4    Consistent with §§ 209.1 and 209.2, the personnel authority may make temporary and term appointments without competition when:

1. The individual being appointed is eligible for reinstatement under § 220.1; or
2. The appointment is to a position at grade 12 or below; or
3. For temporary appointments specifically, there are unusual hiring needs making competition impracticable and the temporary appointment is for a period of thirty (30) days or less;

209.5    Notwithstanding § 209.1, a personnel authority may make a temporary appointment to a position in the Career Service for special needs for less than ninety (90) days without open competition.

209.6    An employee serving under a temporary or term appointment shall not acquire permanent status solely on the basis of their temporary or term appointment.

209.7    For appointments made under § 209.2, and except as authorized under § 209.8 the personnel authority may extend a term appointment, provided the employee does not serve in a term appointment for more than four (4) years consecutively.

209.8    When a term appointment is supported by grant funds, the personnel authority may extend a term appointment beyond the four (4) year limit, provided the grant supports a specific, time-limited project and is not indefinite in nature.

209.9    An employee continuously serving in a Career Service term appointment for more than four (4) years shall:

1. Be converted to a permanent position, if his or her term appointment was originally made through open competition and funding for the employee is expected to continue;
2. Be hired into a permanent position through open competition; or
3. Not be appointed to a new term.

209.10    An employee serving under a term appointment is subject to any applicable probationary period.

209.11    After satisfactory completion of the probationary period, and prior to the expiration of the appointment, separation of a term employee shall be effectuated in accordance with Chapter 16.

209.12    The employment of an individual under a temporary or term appointment shall end on the expiration date of the appointment, on the expiration date of any extension granted by the personnel authority, or upon separation prior to the specified expiration date in accordance with this section.

209.13    A temporary employee may be separated without notice prior to the expiration date of the appointment, and without regard to the reduction in force provisions set out in Chapter 24.

209.14    Except for those excluded by § 240.1, appointments to the Educational Service (ES) are without job tenure and a date specifying the duration of a time-limited ES appointment shall have no effect on the employee’s job tenure status.

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210     Job Postings and Areas of Consideration

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210.1    Each competitive appointment shall be advertised for not less than three (3) days.

210.2    The area of consideration for each posting shall be sufficiently broad to ensure the availability of high-quality candidates, considering the nature and level of the position(s). For most job postings, the area of consideration will be:

1. The public;
2. District employees;
3. Agency employees; or
4. Participants in special employment programs pursuant to § 219.3.

210.3    The minimum area of consideration shall be the agency, unless otherwise authorized by this chapter or the personnel authority.

210.4    Hiring by subordinate agencies for entry-level positions shall first be conducted pursuant to section 801(b-1) of the Comprehensive Merit Personnel Act, effective Mar. 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-608.01(b-1). If no one is selected through this process, then the position shall be filled using the procedures set out in this chapter.

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211     Initial Screening, Rating, and Ranking

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211.1    This section applies to the initial selection of an appointee, and to the selection for internal placement of an employee when the internal placement is by open competition.

211.2    The personnel authority shall evaluate applicants on a 100-point scale.

211.3    The hiring process shall consist of an initial screening and up to a maximum of three (3) additional rounds of assessment.

211.4    Any employment preference points claimed by the applicant shall be added to his or her score in the initial screening process.   

211.5    Each applicant who meets the minimum requirements for the position and who receives a score of seventy (70) points or more during the initial screening process is eligible for consideration for appointment. Applicants who do not receive a score of at least seventy (70) points shall be ineligible for further consideration.

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212     Employment Preferences

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212.1    Applicants for employment may be eligible to receive advanced standing towards placement when they claim one or more employment preferences: residency preference, veterans’ preference, or foster care youth preference.

212.2    An applicant who claims and qualifies for one or more employment preferences receives advanced standing towards placement by having each preference added to their initial screening score.

212.3    Applicants who claim an employment preference must provide documentation establishing eligibility. Applicants who fail to provide documentation shall have their application removed from consideration or their contingent offer of employment rescinded.

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213     Residency Preference

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213.1    All job postings shall inform District candidates of their eligibility for any applicable residential hiring preference. Such job postings shall also inform candidates of the requirement to remain a District resident for seven (7) years if selected exercising the preference.

213.2    A District resident who claims residency preference shall be awarded a ten (10)-point hiring preference. The candidate must be a District resident at the time of application to claim preference.

213.3    Applicants who claim residency preference must certify that they are residents of the District and agree, in writing, to maintain residency for a period of seven (7) consecutive years from the date they are hired into the District government notwithstanding any subsequent details, reassignments, transfers, promotions, demotions, or any other internal movement.

213.4    Applicants who claimed residency preference shall furnish proof of residency in a manner prescribed by the personnel authority.

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214     Veterans' Preference

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214.1    A veteran who claims and qualifies for a veterans’ preference and meets the qualifications of the position shall be awarded either a five (5)-point or ten (10)-point hiring preference. Points awarded shall vary based on the type of veterans’ preference claimed.

214.2    A veteran is eligible to claim a five (5)-point preference when he or she has:

1. Served in the armed forces of the United States in the Army, Navy, Air Force, Marine, or Coast Guard Service;
2. Served for more than 180 consecutive days during a time of war, inclusive of contingency operations as defined under 10 U.S.C. § 101 (a)(13);
3. Been separated from the armed forces through an honorable or general discharge; and
4. Separated from the armed forces no more than five (5) years prior to the request for veterans’ preference. 

214.3    A person who was separated with other than an honorable or general discharge may be entitled to the preference if they can show, to the satisfaction of the personnel authority, that the discharge was the result of discrimination. A veteran asserting his or her discharge was because of discrimination shall submit a claim and supporting evidence to the personnel authority. The decision of the personnel authority shall be final.

214.4    Any employee of the District who was entitled to veterans’ preference under federal law on January 1, 1979, and who has served in the federal government continuously since that date without a break in service of three (3) days or more, shall be entitled to the same preference for the duration of their service with the District.

214.5    An eligible veteran who has a service-connected disability or is receiving compensation, disability retirement benefits, or a pension because of a public law administered by the U.S. Department of Veterans Affairs or a military department, may claim five (5) more points in addition to the points he or she receives pursuant to § 214.2(a)-(c) for a total of ten (10) points, subject to the five (5) year limit established at § 214.2(d). However, the five (5) year limit shall not apply to veterans who are classified by the U.S. Department of Veterans Affairs as suffering a medical impairment of 30 (thirty) percent or more.

214.6    The spouse or domestic partner of a disabled veteran may claim a ten (10)-point hiring preference when the veteran is not fit to hold a District government position within the veteran’s primary occupation because of a service-connected disability but would otherwise be eligible for veterans’ preference.

214.7    A spouse or former domestic partner of a service member who dies while on active duty may be eligible to claim a ten (10)-point hiring preference. To be eligible, the applicant must not have remarried or entered into a new domestic partnership following the death of the service member. In addition, to be eligible, the former service member’s death must have occurred under circumstances that would not have been cause for separation with other than an honorable or general discharge.

214.8    There is no time limit for an eligible spouse or domestic partner to claim a veterans’ preference.

214.9    Retirees of the armed forces shall not be eligible to receive the preference.

214.10    Veterans shall be required to furnish one or more of the following documents upon request to receive veterans’ preference points:

1. A copy of the Department of Defense Form 214 (DD 214), Certificate of Release or Discharge from Active Duty;
2. Certificates indicating Honorable Discharge or General Discharge under honorable conditions or documentation provided to establish eligibility pursuant to § 214.3;
3. Certificate of transfer to Fleet Naval or Marine Corps Reserve;
4. Certificate of transfer to Enlisted Reserve Corps;
5. Report of separation from Service Department, provided honorable separation is shown;
6. Certificate of Satisfactory Service of release from active duty;
7. Official statement from Service Department that honorable separation was effectuated; or
8. Certification from the U.S. Department of Veterans Affairs indicating that the veteran has a service-connected disability.

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215     Foster Care Youth Employment Preference

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215.1    A person who applies for a competitive appointment or promotion and who, at the time of application, is 18 to 21 years of age and is in foster care, or who is within five (5) years of leaving foster care, may be awarded a 10-point hiring preference. To be awarded the foster care youth hiring preference, the applicant must:

1. Currently be in a foster care program administered by the Child and Family Services Agency (CFSA); or
2. Currently be a resident of the District and have left a foster care program administered by CFSA within the last five (5) years.

215.2    To receive preference, the applicant must provide a letter or other documentation satisfactory to the personnel authority, from CFSA or the Family Court of the D.C. Superior Court showing that the applicant is currently in foster care or showing the date the applicant left CFSA’s supervision.

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216     Eligible Applicants

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216.1    Pursuant to § 211.5, each applicant who meets the minimum requirements for the position and who receives a score of seventy (70) points or more during the initial screening process is eligible for consideration for appointment. The eligible applicants comprise the “register” of eligible applicants.

216.2    For purposes of § 216.1, the personnel authority may develop and implement rating and ranking tools necessary for validating applicant scores and assessing candidates. If an applicant’s initial screening score is invalidated using these tools, the candidate may be rejected from further consideration.

216.3    A register shall remain in existence until exhausted, except when an earlier termination date is authorized by the personnel authority.

216.4    The personnel authority may require an applicant to provide documentary evidence of his or her qualifications and eligibility for any employment preference claimed prior to his or her inclusion in the register.

216.5    At the option of the selecting official, the number of applicants forwarded to the selecting official for his or her consideration shall be either the top five (5) or top ten (10) highest-scoring candidates.

216.6    Selecting officials shall employ assessment tools consistent with §§ 217 and 218 to select appointees from the applicants forwarded for consideration. If the position is not filled from the forwarded applicants, the selecting official shall provide a written justification for non-selection. Thereafter, the next five (5) or ten (10) highest scoring candidates shall be submitted to the selecting official for consideration. This pattern of justification for non-selection and submission of candidates to the selecting official shall continue until the position is filled or the register is exhausted.

216.7    Agencies may seek approval from the personnel authority to select candidates based on their initial screening scores rather than subsequent assessments or evaluations. When this occurs, the candidate who receives the highest score shall be given a conditional offer of employment for the position. In the event more than one candidate is tied for the highest score, a candidate shall be appointed based on the following order of priority:

1. First, applicants claiming residency preference;
2. Second, applicants claiming veterans’ or foster care preference;
3. Third, the earliest submitted application, based on the time and date of application.

216.8    Notwithstanding § 402.2, whenever an agency considers a current or former District of Columbia employee for a competitive appointment, the personnel authority shall conduct a general suitability assessment.

1. Such an assessment shall include determining the candidate’s prior conduct and performance with the District government, the reason(s) for prior separating from each position held and consulting government officials with personal knowledge as to the candidate’s past work performance.
2. As with any candidate for government service, the personnel authority shall conduct at least three (3) reference checks. References should generally include individuals identified by both the candidate and the personnel authority.

216.9    Should a candidate subsequently fail to meet any suitability requirements pursuant to Chapter 4, the selecting official may select another candidate in accordance with §§ 216.5 through 216.7.

216.10    Any candidates remaining on a register after a selection has been made may be transferred to the register for any established vacancy with the same area of consideration. The personnel authority is not required to make such a transfer.

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217     Assessments, Evaluations, and Selection Procedures

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217.1    All selection criteria shall be based on a job analysis of a single position, group of positions, an occupation, or a group of occupations having common characteristics. Selection criteria shall, at a minimum, include:

1. The basic duties and responsibilities; and
2. The knowledge, skills, and abilities required to perform those duties and carry out the responsibilities in a manner that honors the public trust.

217.2    Competitive selection procedures shall:

1. Consist of written, oral, or performance examinations, or two or more of these examination types;
2. Be practical in character and fairly test the relative ability and fitness of candidates for jobs to be filled;
3. Result in selection from among the best qualified candidates;
4. Be developed and used without bias; and
5. Comply with other requirements of applicable equal employment opportunity laws.

217.3    All competitive selection procedures shall be properly validated prior to their use.

1. Upon request, agencies shall provide the personnel authority with evidence that the selection procedures used minimize or eliminate discrimination.
2. Evidence validating competitive selection procedures should demonstrate that the procedure used is predictive of or significantly correlated with required job performance.

217.4    The personnel authority may refuse to examine, refuse to declare as eligible after examination, or withhold or withdraw from certification prior to appointment, any person who fails to meet the requirements of the position.

217.5    The personnel authority shall permit the rescheduling or alternate scheduling of an examination or interview for a candidate who was unable to attend the administration of an examination or interview because of the following:

1. Reserve or National Guard drill or summer camp;
2. Religious beliefs;
3. Illness or injury of sufficient seriousness as to require hospitalization;
4. An administrative error on the part of the examining office; or
5. Other reason acceptable to the personnel authority.

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218     Interview Panels and Other Assessment Tools

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218.1    Baseline interview questions and other assessment tools, such as writing exercises, must be submitted to the recruitment specialist prior to the evaluation of candidates.

218.2    When interviews are not used, assessment tools beyond the initial screening, such as writing samples or written examinations, shall be scored on a 100-point scale. Any preference points applied during the initial screening phase shall be added to points earned on the new 100-point scale.

218.3    When used, interview panels shall be comprised of a minimum of three (3) and maximum of five (5) individuals who have experience in or in-depth knowledge of the requirements of the position.

1. At least fifty percent (50%) of the interview panel shall be District government employees.
2. Interview panelists shall be no more than one (1) grade lower, or its equivalent, than the position to be filled.

218.4    When developing a list of panel members, agencies shall identify two (2) alternates who may serve on the panel in the event a panelist is unable to attend an interview due to a personal emergency or scheduling conflict. Names of alternates must be provided to the recruitment specialist prior to the evaluation of candidates.

218.5    During, or immediately following a candidate interview, each panelist shall make notes of candidates’ responses to interview questions. 

218.6    After all candidates have been interviewed, a selection shall be made by majority vote of the panel.

1. Interviews shall not be scored.
2. Additional assessment tools, such as writing samples and examinations, may be considered within the context of the interviewing process, but shall not be scored directly.

218.7    Final selections must be submitted to the recruitment specialist within two (2) days of the date of the last interview or assessment and shall include a written justification for the selection. 

218.8    Final selections shall not be authorized without interview notes or other rating criteria from non-interview assessments, whichever applies.

218.9    Notwithstanding § 218.3, an agency head, or his or her designee, may interview a final selectee. Based on the interview, the selectee may be rejected. Whenever a final selectee is rejected, the agency head, or his or her designee, shall create a record establishing the specific business justification(s) for the rejection. In the event the final selectee is rejected, the selecting official may return to the existing register of applicants to make a new selection.

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219     Special Employment Programs

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219.1    Personnel authorities shall establish employment programs designed to attract and utilize persons with minimal qualifications, but potential for employment, and other appropriate target groups to provide career development opportunities.

219.2    A person appointed under § 219.1 shall be given a time-limited, temporary or term appointment. 

219.3    An employee serving in a Career Service position in a program established under this section or a special Excepted Service appointment as defined at D.C. Official Code § 1-609.04(2) may be converted to a permanent Career Service position based upon competition limited to participants in the respective program.

219.4    An employee converted to a permanent Career Service position pursuant to § 219.3 is subject to any applicable probationary period.

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220     Reinstatements

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220.1    Except for a person who has a retreat right to a position in the Career Service as provided in Chapters 9 and 10, a person who has served for at least three (3) years shall receive permanent reinstatement eligibility following the date of his or her separation from District government employment if he or she:

1. Previously held a permanent Career Service appointment;
2. Was not terminated for cause; and
3. Meets the minimum qualifications for the position.

220.2    A person having reinstatement eligibility may be appointed noncompetitively to a position with no greater promotional potential than that available under his or her last permanent Career Service position, and at an equivalent grade no higher than the grade of his or her last permanent Career Service position.

220.3    A person reinstated pursuant to this section shall be appointed to a permanent Career Service position.

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221     Offers of Employment

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221.1    All salaries shall be offered and negotiated in accordance with Chapter 11.

221.2    An offer shall be conditioned on any general or enhanced suitability screening required under Chapter 4.

221.3    No enhanced suitability screening shall be performed prior to the candidate receiving and accepting a conditional offer of employment.

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222     Orientation and Onboarding

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222.1    The personnel authority shall design an onboarding program that acclimates employees to the culture and values of the District government and to the employee’s respective agency. At minimum, the onboarding program shall include a comprehensive orientation.      

222.2    Employee orientation programs shall include:

1. An overview of the District government’s history, operations, mission, vision, and values; and
2. Information on the District government’s benefits and retirement programs, workplace wellness initiatives, and other employee benefit programs.

222.3    Agencies shall provide new employees with an overview of the agency’s history, mission, vision, and values and how they align with the overall mission of the District government and the Mayor. Agency level orientation programs shall also provide an overview of any applicable agency standard operating procedures, including but not limited to any policies relating to tours of duty, leave, and time reporting.

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223     Probationary Periods

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223.1    An agency shall utilize the probationary period as fully as possible to determine the employee’s suitability and qualifications as demonstrated by the employee’s knowledge, skills, and abilities as well as his or her conduct.

223.2    Generally, a person appointed to a Career Service position shall be required to serve a probationary period of one (1) year. However, individuals appointed to the following positions shall serve a probationary period of eighteen (18) months:

1. Individuals hired into correctional officer positions in the Department of Corrections and youth development representative positions in the Department of Youth Rehabilitation Services; and
2. Individuals hired into emergency or non-emergency operations positions in the Office of Unified Communications.

223.3    For purposes of § 223.2(b), “operations positions” mean telephone equipment operators, customer service representatives, and dispatchers.

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224     Extending Probation

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224.1    Notwithstanding § 224, the personnel authority may identify classes of positions that shall be subject to a probationary period of longer than one (1) year.

224.2    Factors or conditions that would warrant a probationary period requirement longer than one (1) year for a specific class of positions include, but are not limited to:

1. An agency’s need to provide new hires with formalized classroom or field training, or both, that is pertinent to the position;
2. An agency’s use of a standardized training evaluation system for new hires, the successful completion of which is a pre-requisite for a new hire to be able to perform the duties of the position; or
3. A new hire’s need to complete courses or training necessary for receiving certification(s) required for the position.                          

224.3    An agency seeking a probationary period of longer than one (1) year shall submit a written request for authorization to the personnel authority. The justification shall detail the factors or conditions warranting the longer period, with specific reference to the factors outlined in § 224.2, if applicable.

224.4    Classes of positions subject to probationary periods of longer than one (1) year shall be published online by the personnel authority. Failure to publish classes of positions subject to a probationary period longer than one (1) year shall not affect the existence of the probationary period.

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225     Completing Probation

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225.1    Satisfactory completion of the probationary period is a prerequisite to continued employment in the Career Service.

225.2    Upon initial appointment, a probationary employee shall be informed of the performance expectations for his or her position. The performance of a probationary employee shall be evaluated as specified in Chapter 14.

225.3    Service credit toward completion of the probationary period shall be given for the following absences:

1. Leave with pay, except for:
   1. Leave authorized under § 227.3 unless the separation is subsequently reversed; and
   2. Leave in excess of ten consecutive (10) days;
2. Military duty;
3. Leave due to a disability arising from work with the District government; and
4. Separations, suspensions, or furloughs that are subsequently reversed by a personnel authority, an administrative tribunal, or a court.

225.4    The probationary period required by § 223 shall be extended for each workday that an employee is in a non-pay status for any reason.

225.5    A probationary employee who receives paid family leave shall have their probationary period extended by the length of the paid family leave pursuant to § 1286.9.

225.6    An employee who is transferred, promoted, or reassigned before they complete probation shall be required to complete the remaining portion of his or her probationary period.

225.7    Upon the employee’s return from active military duty an employee shall be required to complete the remaining portion of his or her probationary period, if he or she entered such military duty before completing probation and did not complete probation through service credit during active military duty, and if he or she has restoration rights in accordance with §§ 228 and 220.

225.8    Service completed under a temporary or term Career Service appointment or under a special appointment in the Excepted Service as defined in D.C. Official Code § 1-609.04(2) shall be creditable toward completion of the probationary period if:

1. The service was rendered immediately preceding the appointment or conversion to the permanent Career Service position; and
2. A new probationary period would not otherwise be required pursuant to § 226 if the employee had satisfactorily completed probation.

225.9    No leave granted during a period of advanced notice of termination shall be credited toward completion of the probationary period unless the separation is subsequently reversed.

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226     New Probationary Periods

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226.1    Except when the appointment is affected with a break in service of three (3) days or more, or as otherwise specified in this chapter, an employee who once satisfactorily completed a probationary period in the Career Service shall not be required to serve another probationary period.

226.2    An employee who once satisfactorily completed a probationary period in the Career Service shall be required to serve another probationary period when the employee:

1. Is appointed through open competition to a position with a different educational requirement;
2. Applies for and is appointed from a register to a uniformed position in the Metropolitan Police Department or the Fire and Emergency Medical Services Department; or
3. Is appointed through open competition to a position with different licensure, certification, or other similar requirements.

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227     Separation of Probationary Employees

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227.1    Whenever a Career Service employee fails to perform his or her duties at a satisfactory level during the probationary period, probation shall be terminated and the employee shall be separated from government service.

227.2    When an employee is separated pursuant to § 227.1, the personnel authority shall notify the employee in writing of the effective date of the separation.

227.3    The personnel authority may provide a probationary employee advanced written notice of his or her separation and may place the employee on administrative leave for up to ten (10) days prior to the effective date of the separation.

227.4    Separation from government service during a probationary period is neither appealable nor grievable. 

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228     Returning to Duty

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228.1    The following “covered” employees are eligible to be returned to duty:

1. Employees whose absences from their positions are necessitated by military service and who have reemployment rights and benefits pursuant to 38 U.S.C. § 4312;
2. Employees who are receiving disability compensation pursuant to Title 7, Chapter 1, of these regulations; and
3. Uniformed members of the Metropolitan Police Department (MPD) and Fire and Emergency Medical Services Department (FEMS) who are retired because of disability pursuant to D.C. Official Code §§ 5-709 or 5-710.

228.2    Except for uniformed members of MPD and FEMS who have been retired for disability, an agency shall:

1. Identify the position vacated and maintain necessary records to ensure rights and benefits are granted as required;
2. Consider covered employees for all promotions for which the employee would have been considered had the employee not been absent;
3. If the position of the covered employee is reclassified to a higher grade, place the employee in the regraded position upon restoration to duty; and
4. If the position or function of the covered employee is moved to another agency, and the employee would have been moved with the function, the gaining agency shall retain the employee in the same or like position, with no adverse financial impact on the employee, and shall assume the responsibility of restoring the employee to duty.

228.3    When it can be determined that the employee would have received a promotion had he or she not been absent, the employee shall be promoted effective on the date the promotion would have been made had the employee not been absent. 

228.4    Unless occupied by an employee in a higher retention group under Chapter 24, an employee covered by § 228.1(a) or (b) shall be restored to a position of like status and pay in the following order of priority:

1. To the position he or she would have been promoted to, or its equivalent, during their absence;
2. To the employee's former position; or
3. To the next best available position in the employee’s agency for which the employee is qualified. 

228.5    If two (2) or more employees are entitled to be returned to the same position, the employee who left his or her position first shall be returned first.

228.6    If an agency is abolished and its functions are not transferred to another agency, the personnel authority shall secure a list of all employees having return-to-duty rights under this section and shall carry out the return-to-duty process as required.

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229     Returning from Military Duty

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229.1    An employee who is covered by § 228.1(a) may resign or may be either separated or furloughed, i.e., placed on leave without pay status, by the District while he or she is on military duty by his or her agency. Regardless of the nature of the administrative action taken, all such employees shall be entitled to be returned to duty pursuant to this section. Employees who are eligible for military leave pursuant to § 1262 may use military leave.

229.2    An agency shall not demote or separate an employee while the employee is on furlough or military leave pursuant to § 1262. If the employee's position is abolished during his or her absence, the agency shall reassign the employee to another position of like status and pay upon returning to duty with the District government.

229.3    If an employee returning from military duty applies for re-employment within ninety (90) days after discharge from service, or from hospitalization continuing after discharge for a period of not more than one (1) year, the employee shall be returned to duty as soon as possible, but no later than thirty (30) days after submitting his or her complete application.

229.4    When a disability sustained during military duty disqualifies an employee from returning to a position of right, the personnel authority shall return the employee to duty in a position for which he or she is qualified and provides like status and pay, to the extent possible.

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230     Returning from a Workplace Disability

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230.1    An agency shall carry employees covered under § 228.1(b) on leave without pay for two (2) years (the “two- (2) year period”) from the date of lessening of disability as determined by the Public Sector Workers’ Compensation Program or, in the case of an employee holding a temporary or term appointment, until the expiration of the appointment, whichever occurs first.

230.2    At the end of the two- (2) year period, an agency shall separate the employee according to the procedures established in § 1605. An employee holding a temporary or term appointment that expires during the two- (2) year period shall be separated upon the expiration of his or her temporary or term appointment.

230.3    While on leave, employees shall be subject to the same terms and conditions of employment as though the disability had not occurred.

230.4    When an employee is medically capable of resuming full-time employment, the employee shall be immediately returned to duty in his or her former position, or its equivalent, unless the employee is no longer fit for duty or held a temporary or term appointment that expired. For purposes of this subsection, an equivalent position includes a reassignment or transfer to another position at no less than the employee’s preinjury salary.

230.5    When an employee is not medically capable of resuming full-time employment because of compensable injury within the two- (2) year period, and is separated pursuant to § 230.2, the employee shall be provided priority consideration for re-employment to the position he or she occupied, or its equivalent, provided he or she is fit for duty and applies for re-employment within thirty (30) days of termination of workers’ compensation indemnity payments.

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231     Transfers

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231.1    A transfer occurs when an employee moves from a position under one personnel authority to another position under a different personnel authority. Transfers shall be coordinated between the respective personnel authorities.

231.2    An employee may be transferred noncompetitively from his or her current position to a new position under a different personnel authority when the new position is of the same or equivalent grade and has no additional promotional potential.

231.3    Whenever a transfer alters the substantive rights or benefits of an employee, the employee must agree to the transfer in writing. Substantive rights and benefits include, but are not limited to, employee movements from a unionized position to a non-unionized position and a change in the employee’s enhanced suitability requirements.

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232     Reassignments

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232.1    A reassignment occurs when an employee is permanently moved from one position to another at the same or equivalent grade within an agency or to another agency under the same personnel authority.

232.2    A personnel authority may reassign an employee to another position when the reassignment is to a position in the same service (Career or Educational) at an equivalent grade with no additional promotional potential, and the employee is qualified for the new position.

232.3    Whenever a reassignment alters the substantive rights or benefits of an employee, the employee must agree to the reassignment in writing. Substantive rights and benefits include, but are not limited to, employee movements from a unionized position to a non-unionized position and a change in the employee’s enhanced suitability requirements.

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233     Details

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233.1    A detail occurs when an employee is temporarily reassigned to a position at the same or equivalent grade.

233.2    Details may be made within an agency or to another agency under the same personnel authority. Details are also authorized between personnel authorities provided both authorities agree to the details.

233.3    Details shall be temporary in nature to meet a time-limited employment need of not more than 180 days.

233.4    The personnel authority may extend the time limit established in § 233.3 for good cause.  

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234     Promotions

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234.1    A promotion occurs when an employee is permanently appointed to a position at a higher equivalent grade or to a position with additional promotional potential.

234.2    Promotions may be made within an agency or to another agency under the same personnel authority. A promotion is also authorized between personnel authorities provided both authorities agree to the promotion.

234.3    Except as provided in § 207.2 or § 228.3, employees shall be promoted using competitive appointment procedures.

234.4    To be eligible for promotion, a candidate shall meet the minimum qualification standards adopted for the position and time-in-grade requirements.

234.5    The personnel authority shall ensure that each employee within the area of consideration who is absent for a legitimate reason receives appropriate consideration for promotion. Absences for legitimate reasons include, but are not limited to, absences due to detail, authorized leave, training, military service, disability, and temporary assignments pursuant to Chapter 27.

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235     Temporary Promotions

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235.1    A temporary promotion occurs when an employee is reassigned to a different position at a higher equivalent grade or to a position with additional promotional potential to meet a time-limited employment need.

235.2    Temporary promotions may be made to positions within an agency or to another agency under the same personnel authority. A temporary promotion is also authorized between personnel authorities provided both authorities agree to the temporary promotion.

235.3    Temporary promotions shall last no fewer than thirty (30) days and, except as provided in § 235.7, no longer than four (4) years to fulfill a specific time-limited need or project.

235.4    An agency may temporarily promote an employee without competition for no longer than 180 days. Agencies shall use competitive appointment procedures for temporary appointments that exceed 180 days.

235.5    Employees who are temporarily promoted shall be notified in writing as to the terms of the temporary promotion, including the date the promotion expires.

235.6    The personnel authority may extend a temporary promotion so long as the total length of the temporary promotion does not exceed four (4) years, except that this period may be extended as provided in § 235.7. Any changes in the terms of a temporary promotion, including its duration, shall be reduced to writing and provided to the employee.

235.7    When a temporary promotion is supported by grant funds, the personnel authority may extend a temporary promotion beyond the four (4) year limit, provided the grant supports a specific, time-limited project and is not indefinite in nature.

235.8    Upon fulfillment of the temporary employment need, completion or termination of the assigned project, or the expiration of the temporary promotion, whichever occurs first, the agency shall return the employee to the position from which he or she was temporarily promoted or to a position with equivalent pay and promotional potential for which he or she is qualified.

235.9    Competitive temporary promotions may be made permanent without further competition.

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236     Demotions

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236.1    A demotion occurs when an employee is permanently reappointed from his or her current position to a new position at a lower equivalent grade or to a position with lesser promotional potential.

236.2    Demotions may be made within an agency or to another agency under the same personnel authority. Demotions are also authorized between personnel authorities provided both authorities agree to the position change.

236.3    A personnel authority may demote a Career Service employee for cause pursuant to the procedures established in Chapter 16, provided the employee qualifies for the new position.

236.4    An employee may voluntarily accept a demotion to a new position, provided the employee is qualified for and accepts the new position with the lesser rights or benefits in writing.

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237     Restrictions on Employee Movement

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237.1    Employees may be detailed, reassigned, transferred, or promoted, consistent with this chapter, provided the employee has served in his or her current position for at least three (3) months. Three (3) months of service is not required for position changes due to reclassification.

237.2    A detail, reassignment, transfer, or promotion to a position with less rights or benefits may only be effected when the employee waives those rights or benefits in writing. Such a waiver shall be included in the employee’s official personnel record.

237.3    No Career Service employee may be detailed, temporarily promoted, reassigned, or transferred from a non-covered position to a covered position, as defined by Chapter 4, unless the employee first agrees in writing to the required enhanced suitability screenings.

237.4    Except when waived, any employee's right to continued employment shall not be impacted by a promotion, demotion, or reassignment.

237.5    An agency may move an employee from one position to another when:

1. All necessary classification actions have been completed;
2. The employee satisfies all qualifications and other requirements; and
3. For movements involving involuntary reduction in grade, rank, or pay, the applicable procedural requirements have been met.

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238     Time-in-grade Requirements

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238.1    Employees may advance by promotion or appointment no more than one (1) grade interval, except when he or she meets the following time-in-grade requirements:

1. For employees at grade 12 or above, only after he or she has served one (1) year at the next lower grade, or the equivalent;
2. For an employee at grades 6 through 11, only after he or she has served:
   1. One year in a position two (2) grades lower, or its equivalent, when the position to which he or she is advanced is in a line of work properly classified at two (2) grade intervals; or
   2. One (1) year at the next lower grade, or its equivalent, when the position to which he or she is advanced is in a line of work properly classified at one (1) grade intervals; and
3. An employee may be advanced to a position at grade 5 or below without regard to time-in-grade requirements.

238.2    Notwithstanding § 238.2, the personnel authority may, but is not required to, waive the time-in-grade requirement when the employee competes for the higher-graded position and is selected based on objective business criteria. Objective business criteria include:

1. The employee’s work experience, including prior work performed at or above the new grade;
2. The employee’s education, superior academic credentials, or superior academic achievements; and
3. Internal equity.

238.3    If selected for the higher-grade position, an employee who was granted a waiver of the time-in-grade requirements shall be required to complete one (1) year of service in the new position before he or she is eligible for further promotion.      

238.4    When applying the time-in-grade requirements of this section and crediting prior service and experience towards meeting time-in-grade, an employee will receive credit for:

1. Prior District or federal government service under an appointment at the same or higher grade than the employee’s current appointment;
2. Any relevant specialized experience with the military, state, or local governments, or with the private sector; and
3. Any relevant college or university education.

238.5    The personnel authority shall develop procedures for the granting of waivers of the time-in-grade requirements and the circumstances and conditions for crediting prior service towards meeting time-in-grade.

238.6    The personnel authority may not grant time-in-grade waivers for career ladder promotions.

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239     [Reserved]

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240     Employees in the Office of the State Superintendent of Education

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240.1    An individual appointed, or one reappointed, to a position within the Educational Service in the Office of the State Superintendent of Education (OSSE) shall serve without tenure, except for employees:

1. Organized under a collective bargaining unit;
2. Appointed before January 1, 1980;
3. Based at a local public or public charter school or who provide direct services to individual students; or
4. Serving with tenure as required by court order.

240.2    Except for the State Superintendent of Education and any Excepted Service employees, every employee of OSSE shall be classified as an Educational Service employee.

240.3    An OSSE employee in the Educational Service shall serve a one (1)-year probationary period from his or her date of hire and may be terminated without notice or evaluation. Separation from government service during a probationary period is neither appealable nor grievable.

240.4    Except for those excluded by § 240.1, and notwithstanding § 1602.1, OSSE employees in the Educational Service who have satisfied their probationary period serve “without job tenure” and may be separated for any reason, or no reason at all, provided the employee:

1. Receives at least a fifteen (15)-day advanced notice of the separation; and
2. Received at least one (1) performance evaluation, either in writing or verbally, at least thirty (30) days prior to and no longer than six (6) months before the separation.

240.5    An employee referred to in § 240.4 may be terminated without notice or evaluation for the following reasons: 

1. Conviction of a felony at any time following submission of an employee’s job application;
2. Conviction of any type of crime at any time following submission of an employee’s job application when the crime is relevant to the employee’s position, job duties, or job activities;
3. Commission of any knowing or negligent material misrepresentation on an employment application or other document given to a government agency;
4. Commission of any on-duty or employment-related act or omission that the employee knew or reasonably should have known is a violation of law; or
5. Commission of any on-duty or employment-related act that is gross insubordination, misfeasance, or malfeasance. 

240.6    An employee terminated for non-disciplinary reasons pursuant to § 240.3 may be given separation pay in accordance with § 913.

240.7    Sections 1614 and 1625 shall not apply to employees separated pursuant to § 240.3.

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241     Prohibited Practices

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241.1    No person shall interfere in the competitive process by influencing another person to withdraw from competition for any position, for the purpose of either improving or injuring the prospects of any applicant for appointment or selection.

241.2    No public official or personnel authority may appoint, employ, promote, or advance an individual in or to a position in an agency if such appointment, employment, promotion, or advancement has been advocated by a public official who is serving in or exercising jurisdiction or control over the agency and is a relative of the individual.

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299     Definitions

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For the purposes of this chapter, the following definitions apply:

Area of consideration ─ the area in which applications will be accepted in a specific recruitment action.

Break in service ─ the period between separation and reemployment.

Career ladder ─ A career ladder is a permanent appointment with a sequential series of positions and grades, in the same line of work, with duties that increase in difficulty from the entrance level to the grade level classified as full performance.

Career Service ─ all positions, including part-time positions, of the District government that are not included in the Educational Service, Excepted Service, Legal Service, Management Supervisory Service, or Executive Service.

Conversion ─ the changing of a temporary or term Career Service position to a permanent Career Service position.

Days ─ calendar days for all periods of more than ten (10) days and business days for all periods of ten (10) days or less.

Demotion ─ the permanent appointment of an employee from his or her current position to a new position at a lower equivalent grade or to a position with lesser promotional potential.

Detail ─ the temporary reassignment of an employee to another position at the same or equivalent grade.

Employee ─ an individual who performs a function of the District government and receives compensation for the performance of such services, excluding contractors and their employees or subcontractors.

Equivalent grade – when comparing two (2) salary schedules, two (2) grades on the respective schedules are equivalent when the midpoint salaries for both grades are plus or minus ten percent (+/- 10%).

Foster care ─ Twenty-four (24)-hour substitute care for children placed away from their parents or guardians for whom the Child and Family Services Agency has placement care and responsibility.

Foster child ─ a child who comes under the jurisdiction of the Superior Court of the District of Columbia pursuant to D.C. Official Code § 16-2320 or whose parents’ parental rights have been relinquished pursuant to D.C. Official Code § 4-1406.

Manager ─ an employee vested with the authority to direct the work of an organization; held accountable for the success of specific line or staff functions; responsible for supervision of staff, monitoring and evaluating the process of an organization toward meeting goals; and making adjustments in objectives, work plans, schedules, and commitment of resources. A manager serves as a head or assistant head of a major organization or specialized project of marked difficulty, responsibility, or community significance.

Open competition ─ a hiring process that considers all applicants within an area of consideration for a given job.

Personnel authority ─ an individual or entity authorized by law to implement personnel rules and regulations for employees of an agency or group of agencies of the District of Columbia. For purposes of this chapter, the Mayor's personnel authority is delegated to the Director of D.C. Department of Human Resources.

Planned management action ─ an action wherein management has a recognized option or alternative to assign work between two (2) or more employees and assigns the work to a particular employee.

Position change ─ a promotion, demotion, reassignment, or transfer.

Probationary period ─ except otherwise specified in this chapter, a one-year (1-year) trial period when an employee must demonstrate his or her qualification and ability for the position.

Promotion ─ the change of an employee to a position at a higher equivalent grade or with additional promotional potential.

Public official ─ an officer, an 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.

Qualified candidates ─ those who meet established qualification requirements for the position, including any selective factors.

Reassignment ─ the permanent change of an employee from one position to another without promotion or demotion under the same personnel authority.

Relative ─ a person’s father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half-brother, or half-sister.

Register ─ a list of eligible applicants for a given vacancy announcement.

Selective factors ─ knowledge, skills, or abilities essential for successful performance of a job, which are in addition to the basic qualification standard for a position.

Temporary appointment ─ a time-limited appointment as described in § 209.1.

Temporary promotion ─ a time-limited promotion as defined in § 235.1.

Term appointment ─ a time-limited appointment as described in § 209.2

Transfer ─ movement of an employee from one personnel authority to another personnel authority at the same equivalent grade and with the same promotional potential.

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-     Addendum

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The following D.C. Register citations identify when a given section(s) of the District of Columbia Municipal Regulations, was amended. Following the publication in the D.C. Register of subsequent final rulemaking notices, this Addendum will be updated accordingly. For the convenience of Electronic-DPM (E-DPM) readers, the Addendum identifies amendments on a section-bysection basis, and provides brief comments on the amendment(s) accomplished. 

D.C. Register Date	Section(s)	Comments
Vol.68 - No.12 (2/1/2021)	All	Chapter 2 renamed to "Talent Acquisition" (formerly named "Retention of Personnel RIghts and Benefits" and provisions are amended in their entirety. Changes include: (1) repealing the prior outdated rules contained in Chapter 2; (2) incorporating strategic concepts from the human resources field, such as workforce planning, recruitment strategies, and onboarding; and (3) incorporating into the chapter and amending relevant provisions from Chapters 7 and 8. These rules have been reorganized for ease of use and were updated to reflect the District government’s current practices.
69 DCR 010387 (8/12/2022)	206.1	Minor clerical updates to § 206.1 to make clear job qualifications are published by the United States Office of Personnel Management.

 

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