Management Supervisory Service (MSS)
Rules concerning implementation of the Management Supervisory Service. Current Transmittal No: 216
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NOTE: This DPM instruction supersedes DPM Instruction No. 8-51, 9-23, 36-2 & 38-10, Voluntary Separations (Resignations and Retirements), dated November 9, 2007, to add information about the withdrawa...
|3802||Compensation System, Salary and Rate Schedules, and Pay-For-Performance System for Management Supervisory Service Employees|
|3803||Incumbent Classification System|
|3804||Method of Making Management Supervisory Service Appointments|
|3805||Prohibited Personnel Practices|
|3806||Qualification Standards and General Requirements for Selection|
|3807||Competitive and Non-Competitive Placement|
|3809||Placement by Reassignment or Demotion|
|3810||Management Supervisory Service Skills Maintenance and Enhancement|
|3811||Performance Evaluation System for Management Supervisory Service Employees|
|3812||Residency Preference for Management Supervisory Service|
|3813||Employee Rights Upon Termination|
3800.1 Pursuant to section 951 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 § 1-609.51), the Management Supervisory Service is established within the District government to ensure that each agency has the highest quality of managers and supervisors who are responsive to the needs of the government.
3800.2 This chapter applies to all appointments to the Management Supervisory Service under the authority of sections 951 through 958 of the CMPA (D.C. Official Code § 1-609.51 et seq.).
3800.3 In accordance with section 954 of the CMPA (D.C. Official Code § 1-609.54), an appointment to the Management Supervisory Service is an at-will appointment.
3800.4 For the purposes of this chapter, the term “appointment” means all initial appointments to the Management Supervisory Service, and all subsequent position changes, including reassignments and promotions, within the Management Supervisory Service.
3801.1 The Management Supervisory Service consists of all employees who meet the definition of “management employee” in section 1411(5) of the CMPA (D.C. Official Code § 1-614.11(5)), that is, employees whose functions include responsibility for project management and supervision of staff and the achievement of the project’s overall goals and objectives.
3801.2 The following employees are excluded from the Management Supervisory Service:
3801.3 Positions that have some supervisory duties and responsibilities but less than those described in the appropriate classification standards guide shall be excluded from the Management Supervisory Service.
3801.4 Persons appointed to the Management Supervisory Service are not in the Career, Educational, Legal, Excepted, or Executive Services.
3801.5 An employee holding a position in the Career or Educational Services may be detailed, temporarily promoted, temporarily transferred, or temporarily reassigned, without a break in service, to a position that would otherwise be in the Management Supervisory Service, without losing his or her existing status in the Career or Educational Services.
3802.1 The compensation provisions of Chapter 11 of these regulations are applicable to all positions in the Management Supervisory Service.
3801.2 As applicable, individuals appointed to the Management Supervisory Service shall be paid from either:
3802.3 The MS Schedule is divided into grade levels 11 through 16 and consists of an open range with no steps, only a “minimum”, “midpoint,” and “maximum” as reference points of the range for each grade level.
3802.4 The MS Schedule provides a varying, pay-for-performance system for Management Supervisory Service employees paid from it. Some of the features of a merit-based pay plan such as the new MS Schedule are:
3802.5 Each personnel authority, in consultation with the Office of the Chief Financial Officer, shall:
3802.6 Any performance base or merit pay increase for Management Supervisory Service employees shall be approved by the Mayor (or designee) or independent personnel authority.
3802.7 An eligible Management Supervisory Service employee whose salary is at the top of the range for the grade level of the position he or she occupies and who meets the requirements in section 3802.5 (a) of this section, shall receive a one-time (1-time) lump sum payment for the calendar year in question, the amount of which shall not exceed the percentage afforded to other eligible agency employees with the same performance rating.
3802.8 The rates of pay on the Management Supervisory Service Pay Schedules shall not be used to set pay upon subsequent appointment to a position in the Career Service.
3803.1 Until such time as the Mayor adopts a new classification system, the classification system that was in effect on December 31, 1979 is the system applicable to the classification of positions in the Management Supervisory Service.
3804.1 In accordance with section 953 of the CMPA (D.C. Official Code § 1-609.53), all appointments to the Management Supervisory Service, except as specifically limited in this chapter, shall be by open competition on the basis of merit by selection from the highest qualified applicants, based on specific job requirements with appropriate regard for affirmative action goals as provided by law and as determined under this chapter.
3804.2 An appointment to the Management Supervisory Service may be made for an indefinite period, or as a time-limited appointment.
3804.3 Because an appointment to the Management Supervisory Service is an at-will appointment, a date specifying the duration of a time-limited appointment shall not prevent the termination of the employee occupying such a position prior to the date specified; provided that the termination is effected pursuant to section 3813 of this chapter.
3805.1 No person shall interfere in the competitive process by influencing another person to withdraw from competition for any position in the Management Supervisory Service for the purpose of either improving or injuring the prospects of any applicant for appointment or selection.
3805.2 In accordance with the D.C. Human Rights Act of 1977, as amended, the District government does not discriminate on the basis of actual or perceived: race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, familial status, family responsibilities, matriculation, political affiliation, genetic information, disability, source of income, status as a victim of an intra-family offense, and place of residence or business.
3806.1 A person selected to a position in the Management Supervisory Service shall meet the qualification standards for the position for which selected.
3806.2 Suitability requirements applicable to the Management Supervisory Service are specified in Chapter 4 of these regulations.
3806.3 Whenever the practice of certain occupations and professions is subject to licensure requirements (as established by District, state, or federal law), the possession of a license shall constitute a qualification requirement for the position.
3806.4 Selection procedures for the Management Supervisory Service shall be based on a job analysis designed to identify and evaluate the factors that are important in evaluating candidates, as well as the following:
3806.5 The personnel authority may require an applicant to provide documentary evidence of his or her qualifications for an appointment in the Management Supervisory Service.
3807.1 Except as otherwise provided in this chapter, competitive procedures shall apply to all initial appointments to the Management Supervisory Service, and subsequent assignments and placements to positions within the Management Supervisory Service, as follows:
3807.2 Competitive procedures shall not apply to the following actions within the Management Supervisory Service:
3807.3 While this chapter does not include time-in-grade requirements or restrictions for promotion to or within the Management Supervisory Service (MSS) that would prevent a MSS employee from advancing to a higher grade position before serving at the lower grade for at least one (1) year, agencies must exercise discretion concerning any such promotions, and consider establishing internal controls and procedures to handle such promotions, with regard to equity and reasonableness.
3807.4 The following criteria shall be followed when considering promoting an employee to or within the Management Supervisory Service when the employee meets the qualifications requirements for the higher grade position but has served at the lower grade level for less than one (1) year. Under such circumstances, consideration shall be given to the following:
3807.5 An employee’s salary history (i.e., previous higher salary) shall not automatically be considered as the determining factor in the employee’s promotion under the circumstances and criteria described in section 3807.4 of this section; however, it may be considered along with the criteria listed in that section.
3807.6 An employee promoted under the circumstances described in section 3807.4 of this section may be advanced more than two (2) grade levels at a time.
3808.1 Competitive selection procedures shall consist of assembled examinations, which may include written, oral, or performance examinations, or a combination thereof; or unassembled examinations, which may include but shall not be limited to the establishment of crediting plans (for ranking), selection panels, or interview panels, or a combination of more than one (1) of these recruitment and selection methods.
3808.2 Each competitive selection shall result from appropriate recruitment activities and a vacancy announcement made available to applicants.
3808.3 The following employees shall be referred to selecting officials in subordinate agencies along with other qualified candidates, for interview by management and special consideration for placement and advancement for Management Supervisory Service positions they apply for; provided that no person referred for such special consideration shall be selected ahead of a candidate claiming the residency preference pursuant to section 957 of the CMPA (D.C. Official Code § 1-609.57), if any:
3808.4 The Director, D.C. Department of Human Resources (DCHR), may issue procedures for the implementation of section 3808.3 of this section.
3809.1 A personnel authority may fill a vacancy within the Management Supervisory Service by reassignment of a Management Supervisory Service employee to another position of the same grade and salary, either competitively or non-competitively, as provided in this section.
3809.2 When, as a result of attrition, reductions in force, reorganizations, or approved realignments within an agency, a Management Supervisory Service employee ceases to perform managerial or supervisory functions or duties, the employing agency may reassign or demote the employee to a vacant Management Supervisory Service position within the agency for which he or she qualifies; provided that there is no reduction in the benefits of the employee, and the position has no greater promotion potential than the position previously held.
3809.3 An agency may determine that it is necessary to reassign or demote a Management Supervisory Service employee to a vacant Management Supervisory Service position within the agency for which he or she qualifies, for reasons other than those listed in section 3809.2 of this section. In such cases the reassignment or demotion may be effected; provided that the position has no greater promotion potential than the position previously held.
3809.4 A time-limited reassignment may be made for a period not to exceed one (1) year.
3809.5 A time-limited reassignment exceeding one hundred twenty (120) days to a position with established promotion potential higher than the currently held position will be effected competitively.
3809.6 Any reassignment or demotion under the circumstances described in sections 3809.2 and 3809.3 of this section shall be effected non-competitively.
3809.7 An employee may voluntarily accept a reassignment or demotion pursuant to sections 3809.2 or 3809.3 of this section, or be terminated as specified in section 3813 of this chapter.
3809.8 In addition to a reassignment or demotion within the employing agency as specified in sections 3809.2 and 3809.3 of this section, a Management Supervisory Service employee may be reassigned or demoted non-competitively to a vacant Management Supervisory Service position from one subordinate agency to another subordinate agency; provided that all of the following criteria are met:
3810.1 In accordance with section 955 of the CMPA (D.C. Official Code § 1-609.55), each employee appointed to the Management Supervisory Service will be required to maintain and enhance his or her management and supervisory skills through mandatory training courses every year, as prescribed by the personnel authority.
3810.2 Failure of a Management Supervisory Service employee to complete the prescribed training within time frames specified by the personnel authority may result in administrative action against the employee.
3811.1 Except as provided in Chapter 14 of these regulations, the performance of employees in the Management Supervisory Service shall be evaluated utilizing the performance management system in that chapter.
3812.1 The residency preference provisions of section 801(e) (1), (2), (3), (5), (6), and (7) of the CMPA (D.C. Official Code § 1-608.01(e) (1), (2), (3), (5), (6), and (7)), as amended, and Chapter 3 of these regulations, shall apply to employment in the Management Supervisory Service.
3813.1 An appointment to the Management Supervisory Service is an at-will appointment. A person appointed to a position in the Management Supervisory Service serves at the pleasure of the appointing authority, and may be terminated at any time. An employee in the Management Supervisory Service shall be provided a fifteen-day (15-day) notice prior to termination.
3813.2 No termination action shall be initiated under this chapter unless first authorized by the agency head (or designee) and the Director, D.C. Department of Human Resources (DCHR), or independent personnel authority, as applicable; except that a termination of a Management Supervisory Service employee in the DCHR shall be first authorized by the Director, DCHR (or designee), and the Chief of Staff for the Mayor.
3813.3 In accordance with section 954 of the CMPA (D.C. Official Code § 1-609.54 (b)), at the discretion of the agency head, an employee in the Management Supervisory Service may be paid severance pay upon termination for non-disciplinary reasons according to his or her length of employment in the District government, as follows:
|Length of Employment||Maximum Severance|
|Up to 6 months||2 weeks of the employee's basic pay|
|6 months to 1 year||4 weeks of the employee's basic pay|
|1 to 3 years||8 weeks of the employee's basic pay|
|More than 3 years||10 weeks of the employee's basic pay|
3813.4 Severance pay shall not be paid to any individual who has accepted an appointment to another position in the District government without a break in service.
3813.5 At the discretion of the personnel authority, an employee in the Management Supervisory Service who separates, may within three (3) months of the effective date of the termination retreat to a vacant position within the agency to which he or she was promoted and for which he or she qualified; provided, he or she has Career or Educational Service status or Excepted Service status (only applicable to appointments as attorneys in the Excepted Service).
3813.6 A retreat in accordance with subsection 3813.5 of this section shall be to a position in the service in which the person acquired status.
3813.7 Terminations from the Management Supervisory Service are not subject to administrative appeals.
For the purposes of this chapter, the following terms have the meaning ascribed:
Agency – any unit of the District of Columbia government, excluding the courts, required by law, by the Mayor of the District of Columbia, or by the Council of the District of Columbia to administer any law, rule, or any regulation adopted under authority of law. The term “agency” also includes any unit of the District of Columbia government created by the reorganization of one (1) or more of the units of an agency and any unit of the District of Columbia government created or organized by the Council of the District of Columbia as an agency.
Assembled examination – a computerized or multiple-choice written examination or test which may include a typing or data-entry skills test.
Break in service – a period of one (1) workday or more between separation and reemployment that may cause a loss of rights or privileges.
Demotion – the change of an employee to a lower grade, or to a position with a lower rate of pay, when both the old and new positions are under the same pay schedule or in different pay schedules.
Disciplinary reasons – includes but is not limited to behavior that negatively impacts the integrity of government operations or that is contrary to established standards, policies, or procedures; failure to meet specific requirements for the position the employee occupies, such as professional licensing or certification requirements; and failure to meet established performance goals, unsatisfactory or poor performance, incompetence, or any other performance-related deficiencies.
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 progress of an organization toward meeting goals, and making adjustments in objectives, work plans, schedules and commitment of resources. A manager serves as head or assistant head of a major organization, or specialized project of marked difficulty, responsibility or community significance.
Personnel authority – an individual or entity with the authority to administer all or part of a personnel management program as provided in section 401 of the CMPA (D.C. Official Code § 1-604.01 et seq.).
Promotion – the change of an employee while continuously employed, from one grade to a higher grade under the Management Supervisory Service Schedule, or between pay systems.
Reassignment – the change of an employee from one position to another position with the same (exact) representative rate without promotion or demotion.
Supervisor – incumbent of a position that accomplishes work through the direction of other employees and meets at least the minimum requirements for coverage under the appropriate supervisory grade evaluation guide.
Temporary Appointment Pending the Establishment of Register (TAPER) – a time-limited initial appointment to a position in the Management Supervisory Service, pending the establishment of a register when there are insufficient candidates on a register appropriate for filling the position. Authority for the use of this type of appointment shall be granted by the personnel authority only when the public interest requires that a vacancy be filled before eligibles can be certified.
Transfer – a change, without a break in service of a full workday, of a Management Supervisory Service (MSS) employee to another MSS position without promotion or demotion, and under a different personnel authority.
Unassembled examination – an examination that does not require a written test.
The following D.C. Register citations identify when a given section(s) of Chapter 38, Management Supervisory Service, of Title 6 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 DPM subscribers, the Addendum identifies amendments on a section-by-section basis; identifies the page(s) in a DPM Transmittal impacted by the amendment(s); and provides brief comments on the amendment(s) accomplished.
|D.C. Register Date||Section(s)||Transmittal No.||Comments|
|48 DCR 2812 (3/30/01)||Entire chapter||DPM Transmittal No. 71||The rules added the new Chapter 38 to the D.C. personnel regulations.|
|Entire chapter||DPM Transmittal No. 79||This DPM transmittal replaced DPM Transmittal No. 71 to correct a typographical error (section 3801.3 appeared twice).|
|50 DCR 7747 (9/12/03)||Entire chapter||DPM Transmittal No. 104 Entire chapter||Modifications were made to the entire chapter.|
|51 DCR 9707 (10/15/04)||Section(s) 3810, 3811 through 3819||DPM Transmittal No. 119||The rules amended the chapter to delete the suitability provisions in section 3810, and renumber sections 3811 through 3819 as sections 3810 through 3818.|
|52 DCR 1314 (2/11/05)||Section(s) 3816 and 3818||DPM Transmittal No. 128||The rules amended the chapter to rename section 3816 to “Performance Evaluation System for Management Supervisory Service Employees” and amend that section to specify more clearly that the performance of employees in the Management Supervisory Service (MSS) shall be evaluated utilizing the performance management system in Chapter 14 of the regulations. Section 3818 was also amended to provide that all MSS termination actions shall be authorized by the agency head (or his or her designee) and the Deputy Mayor for the agency, and make other modifications to that section of the chapter.|
|52 DCR 6840 (7/22/05)||Section(s) 3810||DPM Transmittal No. 136||The rules amended section 3811 of the chapter to delete the language on Performance Improvement Plans on the section and make other modifications to the section.|
|54 DCR 4186 (5/4/07)||Section(s) 3801, 3808, 3811, 3816, 3818||DPM Transmittal No. 152||These rules amended section 3818.1 to change the requirement that the appropriate agency head and Deputy Mayor authorize each termination action of a MSS employee before the action is initiated, and instead require that the agency head and the personnel authority authorize each termination action. For termination actions of MSS employees in the D.C. Department of Human Resources, the agency head and the Chief of Staff for the Mayor shall authorize each termination action. The following sections were also amended: (1) sections 3801 and 3816, to add language on the new MSS open range pay schedule (“MS Schedule”); (2) section 3808 on noncompetitive placement; and (3) section 3811 on placement by reassignment or demotion.|
|55 DCR 007974 (7/25/08)||DPM Transmittal No. 173||These rules amended the chapter in its entirety, including a new section 3808.3 on special consideration for placement and advancement applicable to graduates of the District government’s Certified Public Manager Program and persons appointed as Capital City Fellows (CCF), upon completion of the two-year (2-year) CCF Program.|
|56 DCR 002169 (3/13/09) Errata Notice||Section(s) 3807 and 3809||DPM Transmittal No. 182||This Errata Notice corrected the final rules published in the D.C. Register on July 25, 2008 (55 DCR 007974). Specifically, in section 3809.7 there was an incorrect reference to section 3814 (the correct reference is to section 3813); and section 3807.5 was incorrectly numbered “3707.5.”|
|56 DCR 002724 (4/10/09)||Section(s) 3808.3||DPM Transmittal No. 185||The rules amended subsections 3808.3 and 3808.4 of the chapter concerning the provisions for special consideration for advancement afforded to graduates of the District government’s Certified Public Manager Program and the Mayor’s Capital City Fellows Program.|
|57 DCR 005455 (6/25/09)||Section(s) 3800, 3801, 3804, 3807, 3808, 3809, 3810, 3812, 3813, 3899||E-DPM Transmittal No. 196||The rules amended section 3809 of the chapter, on placement by reassignment or demotion, to clarify the language in subsections 3809.1 through 3809.3, and add a new subsection 3809.8 to provide that a Management Supervisory Service employee may be reassigned or demoted noncompetitively from one subordinate agency to another subordinate agency, in addition to a reassignment or demotion within the employing agency and provide the criteria for such reassignments and demotions. In addition, section 3807 of the chapter, on competitive and non-competitive placement, was amended; non-substantive changes were made to sections 3800.1, 3800.2, 3801.1, 3804.1, 3808.3, 3810.1, 3812.1, 3813.3 of the chapter; and section 1199 of the chapter, Definitions, was amended to add the definition of the term “demotion;” make a nonsubstantive change to the definition of the terms “personnel authority” and “reassignment;” and add the definition of the term “transfer.”|
|61 DCR 004428 (5/2/14)||Section(s) 3813||DPM Transmittal No. 216||The rules amended section 3813 of the chapter to include new provisions for awarding severance pay. In addition, subsection 3813.5 of the chapter, on retreat rights was amended to add “Educational.”|