Police, Fire, and Emergency Medical Services Employees
Policies and procedures regarding employees in the police, fire, and emergency medical services.
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807.1 For initial appointment to a firefighter/EMT or firefighter/paramedic position in the Fire and Emergency Medical Services Department (FEMSD), an applicant shall have reached his or her nineteenth (19th) birthday as of the date of application. There shall be no maximum age limit for appointment to a firefighter/EMT or firefighter/paramedic position in the FEMSD, as long as the applicant is found qualified and successfully passes a medical examination and any other examinations, background investigations or tests required by the FEMSD of candidates for employment.
807.2 There shall be no age limit for reinstatement to a rank no higher than the rank last held by a former firefighter/EMT or firefighter/paramedic of the FEMSD, provided that the applicant for reinstatement meets the following requirements:
807.3 For initial appointment with the Metropolitan Police Department (MPD) to a police private position, an applicant shall have reached his or her twenty-first (21st) birthday.
807.4 The Chief of Police may consider a uniformed member for reinstatement to the MPD to a rank no higher than the rank last held, after the former member meets the following requirements:
807.5 Consistent with D.C. Official Code §§ 2-1402.12(b), 5-109.01, and 5-418, it shall not be an unlawful discriminatory practice for the personnel authority to establish minimum and maximum age limits for appointment to police officer cadet or firefighter cadet positions.
808.1 Appointments to uniformed positions in the Metropolitan Police Department and Fire and Emergency Medical Services Department shall be limited to persons who are citizens of the United States.
809.1 An employee covered by § 228.1(c) who was retired by the Police and Firefighters’ Retirement and Relief Board (the Board), who has not reached the age of fifty (50) years, and who overcomes the disability for which he or she was retired may be eligible to return to full duty.
809.2 An employee who meets the criteria stated in § 809.1 shall apply to be returned to duty with the department from which he or she retired.
809.3 The employing department shall evaluate the applicant to determine whether he or she meets the current entrance requirements and is otherwise suitable for returning to duty.
809.4 If the employee meets the entrance requirements and is otherwise suitable for returning to duty, the department shall submit the application and its findings to the Board, which will determine whether the employee shall be returned to duty.
810.1 Notwithstanding § 200.4, and except for § 225.3(a) and (c), the probationary rules at §§ 223 – 227 shall apply to uniformed members of the Metropolitan Police Department (MPD) and the Fire and Emergency Medical Services Department (FEMS). Service credit toward the completion of the probationary period shall not be given for absences, except that consistent with § 225.3(b) and (d) service credit shall be given toward the completion of the probationary period for:
810.2 A person hired to serve as a uniformed member of MPD or FEMS shall serve a probationary period of one (1) year, except that the following individuals shall serve a probationary period of eighteen (18) months:
810.3 Consistent with § 226.2, a permanent Career Service employee who applies for and is appointed from a register to a uniformed position with MPD or FEMS shall serve a new probationary period.
811.1 The personnel authority shall extend the probationary period required by § 810.2 for:
812.1 Notwithstanding § 200.4, and except for rules relating to the Educational Service, the term and temporary appointment rules at § 209 shall apply to uniformed members of the Metropolitan Police Department (MPD) and the Fire and Emergency Medical Services Department (FEMS).
816.1 Former uniformed members of the Fire and Emergency Medical Services Department and the Metropolitan Police Department shall have reinstatement eligibility provided they meet all of the following requirements:
870.1 For the purposes of this section, the following terms have the meaning ascribed:
Certificate of Eligibles (Certificate) – the list of candidates selected from a register for consideration for appointment to a position.
Disposition – the final status of individuals considered for appointment from a Certificate, indicated on a Certificate of Eligibles by means of the coding system described in section 870.8 of this section.
Firefighter/Emergency Medical Technician (EMT) – an employee of the Fire and Emergency Medical Services Department (FEMSD) who is cross-trained as a Firefighter and an EMT.
Firefighter/Paramedic – an employee of the FEMSD who is cross-trained as a Firefighter and a Paramedic. The Term “Paramedic” includes EMT/Intermediate (EMT/I) and Basic Paramedic (EMT/P).
Probationary – an entry-level Firefighter/Emergency Medical Technician (EMT) and entry-level Firefighter/ Paramedic shall be required to serve a probationary period of eighteen (18) months, during which time he or she shall be terminated whenever performance or conduct fail to demonstrate the individual’s fitness or qualifications for continued employment.
Register – a list of all individuals eligible for consideration for appointment to a position.
Unassembled examination – an examination that does not require a written test.
870.2 Appropriate staff within the personnel authority will establish a Register of eligible candidates for the positions of Firefighter/EMT and Firefighter/Paramedic. Each Register will include the numerical rank, name, and social security number of all eligible candidates.
870.3 Candidates on the register shall be eligible for appointment only if they successfully complete all the stages of the selection process.
870.4 As specified in section 819 of this chapter, a Register may also be established by administering an entry-level examination to eligible candidates or, at the discretion of the Fire Chief, by unassembled examination for the purposes of hiring individuals for the position of Firefighter/Paramedic.
870.5 Following the establishment of a Register, each candidate who passes the entry-level examination for Firefighter/EMT and Firefighter/Paramedic or is qualified by unassembled examination will be required to:
870.6 Processing of candidates on a Register, and the responsibilities and authorities for each step, are as specified in this section.
870.7 The Certificate will include a sufficient number of candidates to fill available vacancies, and the numerical rank, name, and social security number of qualified candidates on the Register. In the case of a Register established by written examination, the candidates will be listed on the Register in order of their position on the written examination.
870.8 Appropriate staff within the personnel authority will transmit the Certificate and D.C. 2000 Employment Applications to the Agency Recruiting Officer (ARO) within the FEMSD. The ARO will review the D.C. 2000 Employment Applications and indicate the final status of each candidate in the “Disposition” column of the Certificate, using the following codification system:
870.9 The ARO will establish a file for all of the candidates to be processed. Each file must contain the D.C. 2000 Employment Application and all other correspondence and documents concerning the processing of the candidate.
870.10 The ARO will review each D.C. 2000 Employment Application to ensure that the candidates meet the age and education or experience requirements. Candidates who would be older than the required maximum age, education, or experience requirement they cannot be considered for a position.
870.11 The names of candidates who are excluded from consideration on the basis of the age, education, or experience review will be coded “M” in the “Disposition” column on the Certificate. These candidates will not be given any further consideration for positions filled from this Register.
870.12 Using information available on the D.C. 2000 Employment Application, the ARO will send all candidates not coded “M” a letter including an information packet. The letter will advise the candidates of the purpose of and the procedures for completing and returning all forms enclosed with the letter. The letter will also instruct candidates to bring with them original or notarized copies of their birth certificate, high school diploma or equivalency certificate, and D.D. 214 Form, if applicable.
870.13 As needed because of unusual circumstances, the personnel authority may authorize telephone contacts of candidates to arrange expedited scheduling of medical examinations or other processing steps.
870.14 Candidates who do not respond to the letter within ten (10) workdays of the date of the letter will be sent a second (2nd) letter and enclosures, by certified mail. Candidates who do not respond to the certified letter within ten (10) workdays of the mailing date will be coded “A” or “B,” as appropriate, in the “Disposition” column on the Certificate (see also sections 870.8(a) and (b) of this section). The names of these individuals will be placed at the bottom of the Register in position order following the name of the last candidate. The personnel authority will determine whether to consider such candidates, as specified in section 870.45 of this section.
870.15 The names of candidates who have indicated that they wish to be considered at a later date shall be coded “C” in the “Disposition” column of the Certificate, and the specific date placed to the right of the code. These candidates may be processed on the date requested in order of their position on the register if the register has not been terminated by the personnel authority prior to this date.
870.16 The names of candidates who have declined consideration for the position will be coded “D” in the “Disposition” column of the Certificate. Their names shall be placed at the bottom of the Register in position order following the name of the last candidate. The personnel authority may approve their consideration at a later date (see also section 870.8 (d) of this section).
870.17 Candidates will be notified by the ARO regarding the scheduling of the PAT required under section 870.5 of this section.
870.18 Candidates who successfully pass the PAT will report to the ARO as the initial step of the background investigation and suitability review process. Each candidate will bring an original or notarized copy of his or her birth certificate and high school diploma or equivalency certificate, as well as D.D. 2l4, if appropriate.
870.19 During the initial screening process, candidates will be provided the following forms and will be expected to complete them, after which the ARO will collect the forms:
870.20 The ARO will conduct the background investigation of those candidates who pass the PAT. The background investigation will be conducted prior to initial referral to a Suitability Board (Board) established by the Fire Chief in accordance with the requirements of this section, for a provisional determination of suitability. The background investigation will include all of the following elements:
870.21 The background investigation pursuant to section 870.20 of this section may be submitted to the Board for a provisional determination, prior to the receipt of the elements listed below in this subsection. The ARO is responsible for ensuring that this information is obtained within a reasonable amount of time following a provisional determination of suitability, and informing the Board or other appropriate agency management official in the event that any information is obtained that may reasonably affect the decision of the Board. The required elements are:
870.22 The files of candidates whose investigations under § 870.20 of this section have been completed will be transmitted to and reviewed by the Board.
870.23 The Board will be composed of three (3) uniformed members of the FEMSD at a rank no lower than that of Captain.
870.24 The presence of all three (3) members of the board shall constitute a quorum, and no action will be taken by the Board without a quorum present.
870.25 Decisions of the Board will be effected by majority vote. In making its determination as to the suitability of a candidate for further consideration, the Board may use as reference material the guidelines found within the District Personnel Manual (DPM) (or any other procedural manual developed) and any other procedures issued by the Director, D.C. Department of Human Resources (DCHR).
870.26 The Board’s findings and the reasons thereof on the suitability of a candidate shall be recorded by the Board on a form expressly designed for this purpose.
870.27 The Fire Chief will establish procedures to ensure that candidates are acted upon by the Board in the same order as listed on the Certificate, except for candidates who are delayed in processing through no fault of the District government. 870.28 In the case of an unassembled examination, candidates will be selected based on rank qualification, and in accordance with the residency preference provisions of Chapter 3 of these regulations. 870.29 The Board has the authority to consider a variety of factors in determining a candidate's suitability for appointment, but may not consider juvenile records. The possession of one or more of the following background characteristics may make a candidate ineligible for further processing and subsequent appointment:
870.30 The following background variables will be closely reviewed by the Board and may be used to render a candidate ineligible for appointment:
870.31 Any material false statements, misrepresentations or omissions made during any phase of the application process will be the basis for disqualification of a candidate.
870.32 An applicant's file will be placed in a condition of temporary suspension from further processing for either of the following reasons:
870.33 The Board will return the candidates' files to the ARO with its recommendation as to whether the candidate should be determined suitable or unsuitable for further processing.
870.34 Based upon the Board’s recommendation, the ARO will render a decision as to the suitability of each candidate for further processing. If the ARO does not concur with the decision of the Board, he or she will notify the Board and ask for reconsideration.
870.35 The names of candidates who have a suspended or revoked drivers license, or charges pending to that effect will be coded “N” on the Certificate by the ARO. (See section 870.8 (n) of this section). Depending upon the nature and seriousness of the charge, candidates who have criminal charges pending may be coded “N” on the Certificate by the ARO. The ARO will inform the candidates in writing of their temporary suspension from further processing, and will advise such candidates to notify the ARO when these impediments have been removed, as well as provide the ARO with appropriate evidence of such removal. Candidates will also be advised that they may be processed at the time of such notification if the Register has not been terminated prior to that date. These candidates would then be processed in order of their original position number on the Register.
870.36 The ARO will inform each candidate who has been deemed unsuitable, in writing, giving the candidate the reasons for the determination. In addition, each candidate will be informed that he or she may submit, within fifteen (15) workdays of the date of the letter informing the candidate of his or her unsuitability, a written request to the ARO to re-evaluate the facts that led to the determination.
870.37 When requests for review are received, the ARO will remand the background material to the Board for reconsideration. The ARO will inform the candidates in writing as to the final determination of suitability, including the basis for the determination, and that they may appeal the decision in writing to the Fire Chief (or his or her designee). The decision of the Fire Chief is final.
870.38 The names of candidates who failed to provide the required documentation for the background investigation will be coded “E” in the “Disposition” column of the Certificate. The names of those who have been determined to be unsuitable on the basis of the background investigation will be coded “F.” These candidates will not be further considered for positions to be filled from the Register being used at the time. (See section 870.8 (e) and (f) of this section).
870.39 Upon completion, termination, or suspension from further processing, the ARO will transmit each candidate’s file to appropriate staff person.
870.40 Upon request, and for good reason, the ARO may allow a candidate who fails to report to or complete the medical examination one (1) additional opportunity to take or complete the medical examination.
870.41 The Police and Fire Clinic (PFC) will make the medical determination for each candidate and will inform the ARO of its determination in writing.
870.42 The ARO will inform the candidates who were medically disqualified by the PFC of the reasons for the disqualification, both orally and in writing. These candidates will also be advised that they may submit a written request asking that the ARO refer the case to the PFC for reconsideration. The request must be submitted within fifteen (15) days of receipt of the letter that informed them of their medical disqualification.
870.43 A code of “G” will be placed in the disposition column of the Certificate by the names of any candidate who failed to report for the medical examination after being given a second (2nd) opportunity; a code of “H” will be placed in the disposition column of the Certificate by the name of any candidate who failed to complete the medical examination after being given a second (2nd) opportunity; and a code of “I” will be placed in the disposition column of the Certificate by the name of any candidate deemed unsuitable on the basis of the medical examination. Candidates who have been coded “G,” “H,” or “I” will not be given further consideration for positions filled from the Register being used.
870.44 The Fire Chief may require candidates to complete an updated medical examination or background investigation if more than one hundred and twenty (120) days have elapsed between the date either the medical examination or background investigation were completed and the date of appointment.
870.45 Appropriate staff within the personnel authority will contact selectees in writing to tender offers of appointment. Every effort will be made to ensure that appointments are tendered in the order of original position on the Register, with the exception of variances caused by the occurrence of disposition categories “A,” “B,” “C,” “D,” “J,” “K,” and “N” (candidates placed within disposition categories “E,” “F,” “G,” “H,” “I,” and “M” would not be tendered an offer of appointment), and subject to processing delays not within the control of the FEMSD. The selectees will be informed of all of the following:
870.46 Delays in processing caused by a candidate’s action or inaction may result in the candidate being offered an appointment after other candidates who were initially placed in a lower position on the Certificate. Appropriate staff within the personnel authority will be responsible for documenting the reasons for all such offers of appointment, and for providing the Director of the DCHR, with such documentation upon request.
870.47 Appropriate staff within the personnel authority will prepare all candidate appointment forms for those candidates who have accepted offers of appointment and will secure the necessary signatures as specified on the forms. A code of “L” will be placed in the disposition column of the Certificate by the names of candidates who have been appointed.
870.48 A code of “J” will be placed in the disposition column of the Certificate by the names of candidates who have declined appointment. Their names will be placed at the bottom of the Register in position order following the name of the last candidate. The personnel authority may approve their consideration at a later date.
870.49 A code of “K” will be placed in the disposition column of the Certificate by the names of candidates who have requested deferral of their appointment, with the date indicated in the space to the right. These candidates may be appointed on the date requested in the order of their position on the Register if the Register has not been terminated by the personnel authority prior to this date.
870.50 Candidates whose requested deferral dates exceed thirty (30) days from the date of the original date of appointment may be subjected to an updated background investigation.
870.51 Appropriate staff within the personnel authority will provide the ARO with the names of the candidates who have accepted appointment, declined appointment, or deferred appointment, so that the ARO may make the appropriate notations on the Certificate.
870.52 The ARO will return the Certificate to the human resources (HR) staff within the FEMSD before requesting another Certificate.
870.53 When each name has been certified and the last Certificate returned to the HR staff within the personnel authority, the following actions may be taken:
870.54 Candidates whose requested deferral dates exceed 30 days from the date of the original date of appointment may be subject to an updated background investigation.
870.55 The Cluster shall notify the LPD of the identity of those candidates who have accepted appointment, declined appointment, or deferred appointment, so that appropriate notations may be made on the Certificate by the LPD.
870.56 The LPD shall return the Certificate of Eligibles through the Assistant Director to the DCOP Examination and Recruitment Division before requesting an additional Certificate.
870.57 When each name has been certified and the last Certificate returned to the personnel authority, the appropriate staff shall do either of the following:
871.1 To be eligible to participate in any selection process conducted in or after calendar year 2009, members applying for the Sergeant, Lieutenant, or Captain selection process must have achieved an annual performance evaluation rating of at least “Meets Expectations,” or the equivalent, in the rating period prior to the selection process and shall meet the following time-in-rank qualification requirements:
871.2 The Metropolitan Police Department shall establish, for each rank, a register of eligible candidates who successfully complete all phases of the selection process for the Police Sergeant, Lieutenant, and Captain positions.
871.3 Registers established under this section shall be structured in descending order in accordance with the results of the selection process.
871.4 Each register established under this section shall include the rank, name, employee identification number, and final ranking of each eligible candidate.
871.5 A candidate on the register shall be eligible for promotion only if the candidate successfully completes all stages of the selection process and is serving in the qualifying rank on the date the candidate's name is reached for promotional purposes.
871.6 The Chief shall publish, according to the department's directives issuance system, the procedures for processing candidates on a register and the responsibilities and authorities for each step.
871.7 Following the establishment of a register, each candidate shall be required to pass a medical examination, including drug screening, prior to promotion to a Sergeant, Lieutenant, or Captain position, in accordance with Department policy.
871.8 Unless otherwise authorized by the Chief, the register shall expire at 12:00 midnight on April 30, two (2) years from the date the register is established.
871.9 The Chief shall ensure that the register is coded with final disposition codes before a subsequent register is issued.
871.10 Promotional files shall be retained for a minimum of three (3) years from the expiration date of the register, and then disposed of in accordance with the applicable records retention schedule.
871.11 For members subject to collective bargaining, the collective bargaining agreement shall provide for how sustained adverse or corrective actions against a member shall affect that member's eligibility for promotion. The Chief of Police shall consider the disciplinary records of members who are candidates for promotion and who are not subject to collective bargaining.
871.12 Repealed – See Notice of Final Rulemaking published at 56 DCR 003685 (May 8, 2009)
871.13 To the extent that any provision of these regulations, other than § 871.1 conflicts with any provision of a written agreement with a labor organization, the provision of the written agreement shall prevail.
872.1 The Chief of the Metropolitan Police Department is vested with the authority to assign to duty and to appoint all officers and members of the Metropolitan Police Department.
872.2 Appointment to Inspector shall be in accordance with the following:
872.3 Appointment to Commander shall be in accordance with the following:
872.4 Appointment to Assistant Chief of Police shall be in accordance with the following:
872.5 Assistant Chiefs of Police, Commanders, and Inspectors appointed by the Chief of Police pursuant to D.C. Official Code § 1-609.03 are Excepted Service employees. Assistant Chiefs of Police, Commanders, and Inspectors selected by the Chief of Police from the force pursuant to D.C. Official Code §§ 5-105.01 and 1-608.01, are Career Service employees, who serve in such positions at the pleasure of the Chief of Police, and may be returned to their previous rank/position at the discretion of the Chief of Police.
873.1 In this section, the following terms have the meaning ascribed:
873.2 To be considered as a candidate for the position of Police Officer, an applicant shall:
873.3 The Chief shall establish a register of eligible candidates which:
873.4 Following establishment of a register, each candidate shall be required to pass a medical examination, a truth verification test, and a background investigation in order to be offered a probationary appointment.
873.5 Once the candidate has passed the preliminary screening, the Human Resource Bureau Officer or Designee shall provide the candidate with a written conditional offer of employment, indicating the intent to appoint the candidate pending the successful completion of the remaining portion of the selection process.
873.6 If the written conditional offer of employment is accepted by the candidate, the candidate shall:
873.7 Each candidate shall undergo medical testing conducted at MPD Police and Fire Clinic by properly licensed health care practitioners or by licensed health care practitioners to whom candidates have been referred for further evaluation by the Medical Director of the Police and Fire Clinic.
873.8 Medical testing shall consist of a complete physical examination and psychological screening which includes a written psychological examination and a psychiatric evaluation performed by a licensed psychiatrist, and such other tests as determined by the Police and Fire Clinic.
873.9 The Medical Director of the Police and Fire Clinic shall make the medical determination of suitability for each candidate.
873.10 If a candidate has been medically disqualified, the Human Resource Bureau Officer or Designee shall notify the candidate in writing of the reasons for the disqualification and the procedures to appeal the decision pursuant to § 873.15.
873.11 A candidate is ineligible to become a police officer if the candidate has done any of the following:
873.12 A candidate may be ineligible to become a police officer if the candidate has done any of the following:
873.13 Appointments shall be tendered at the conclusion of the selection process, by the Human Resources Bureau Officer or Designee.
873.14 Candidates who are disqualified for the position of police officer shall receive written notification by the Human Resources Bureau Officer or Designee.
873.15 Candidates who are disqualified on the basis of either the medical examination or the background investigation may appeal to the Chief of Police or his or her designee, whose decision shall be final.
873.20 Consistent with the Chief’s duty to maintain a force of the highest possible quality, the Chief may seek and appoint qualified persons who have worked for other law enforcement agencies.
873.21 The Chief of Police may make conditional offers of employment to applicants from other law enforcement organizations, subject to all restrictions and limitations contained in this chapter.
873.22 Candidates who receive conditional offers of appointment pursuant to § 873.21 may be entitled to receive compensation commensurate with their experience and expertise.
873.23 Such additional compensation shall be granted at the discretion of the Chief of Police.
873.24 The Chief of Police may consider but not be limited by the following factors in determining whether or not additional compensation shall be granted:
873.25 Employees hired under § 873.21 shall be paid in accordance with existing wage/grade policies and or negotiated contracts where applicable.
874.1 There is hereby established the District of Columbia Police Training and Standards Board ("Board").
874.2 Membership on the Board shall consist of the following 11 persons who shall be voting members:
874.3 The following persons may be advisory, nonvoting members of the Board:
874.4 The appointments to the Board shall be for a 3-year term.
874.5 No member shall serve beyond the time when he or she holds the office or employment by reason of which he or she was initially eligible for appointment. Any member chosen to fill a vacancy created otherwise than by expiration of a term shall be appointed for the unexpired portion of the term of the member whom he or she succeeds.
874.6 The members shall receive no salary, but shall be reimbursed for their expenses lawfully incurred in the performance of their official functions.
874.7 Members appointed to the Board by the Mayor may be removed by the Mayor for incompetence, neglect of duty, or misconduct.
874.8 The Chairperson shall be appointed by the Mayor from among the voting members of the Board and the vice chair shall be elected from among the voting members.
874.9 The Board shall hold its initial meeting promptly after the appointment and qualification of its members. Thereafter, the Board shall meet a minimum of twice each calendar year and at other times as it or the Board's Chairperson may determine. The majority of the voting members of the Board shall constitute a quorum for the transaction of business, the performance of duties or for the exercise of any of its authority. Advisory members shall be entitled to participate in the business and deliberation of the Board, but shall not be entitled to vote. The Board shall establish its own procedures and requirements with respect to the place and conduct of its meetings.
874.10 Duties of the Board; standards for applicants; continuing education program. The Board shall establish application and appointment criteria that include the following:
874.12 The administrative work of the Board shall be carried out by members of the Metropolitan Police Department as appointed by the Chief of Police.
874.13 Notwithstanding the standards established by the Board in accordance with subsection (a) of this section, the Chief of Police is authorized to deny employment to any applicant based upon conduct occurring while the applicant was a minor if, considering the totality of the circumstances, the Chief of Police determines that the applicant has not displayed the good moral character or integrity necessary to perform the duties of a sworn member of the Metropolitan Police Department.
874.14 Each applicant selected for appointment as a sworn member of the Metropolitan Police Department shall successfully complete an initial training program developed by the Training and Standards Board, unless the applicant receives a waiver pursuant to § 874.69.
874.15 The Training and Standards Board shall determine:
874.16 Prior to deployment, each applicant shall successfully complete an initial firearms training program developed by the Board.
874.17 The Board shall determine the appropriate sequence, content, and duration of the initial training program and of the initial firearms training program.
874.18 The Metropolitan Police Department is authorized to utilize the services of other law enforcement agencies or organizations engaged in the education and training of law enforcement personnel to satisfy any portion of the initial training program or the initial firearms training program.
874.19 The Chief of Police is authorized to modify or waive the initial training program and initial firearms training program requirements for either of the following:
874.20 The Training and Standards Board shall:
874.21 The Metropolitan Police Department is authorized to utilize the services of other law enforcement agencies or organizations engaged in the education and training of law enforcement personnel to satisfy any portion of the required continuing education or the firearms training program. The Board shall establish guidelines for the approval of any training program.
874.22 The Training and Standards Board shall:
874.23 Any applicant who met the age requirement at the time of application and who was denied appointment on the basis of racial discrimination, as determined by the Director of the Office of Human Rights, may be appointed notwithstanding the applicant's age at the time of that determination.
874.24 Applications for appointment to the Metropolitan Police Department shall be made on forms furnished by the Metropolitan Police Department.
874.25 Appointments to the Metropolitan Police Department shall be for a probationary period to be determined by the Training and Standards Board. Continuation of service after the expiration of that period shall be dependent upon the conduct of the appointee and his or her capacity for the performance of the duties to which assigned, as indicated by reports of superior officers. The probationary period shall be an extension of the examination period.
874.26 If the Police and Fire Clinic shall find any probationer physically or mentally unfit to continue his or her duties, that probationer shall be required to appear before the Police and Firefighter's Retirement and Relief Board. That Board shall make any findings as are required pursuant to section 12(i) of the Policemen and Firemen's Retirement and Disability Act and those findings shall be incorporated in a recommendation submitted to the Mayor.
874.27 Each police officer appointed shall maintain a level of physical fitness to be determined by the Training and Standards Board. The final determination with respect to inappropriate fitness levels shall be made by the Medical Director of the Police and Fire Clinic.
875.1 Until September 30, 2007, promotion to Battalion Fire Chief will be accomplished in accordance with the following:
875.2 Until September 30, 2007, promotion to Deputy Fire Chief will be accomplished in accordance with the following:
875.3 Section 2 (b) of the Omnibus Public Safety Agency Reform Amendment Act of 2004, effective September 30, 2004 (D.C. Law 15-194; D.C. Official Code § 5-402 (b)) (2005 Supp.), provides that the Fire Chief must establish criteria for Career Service promotions to Battalion Fire Chief and Deputy Fire Chief that addresses the areas of education, experience, physical fitness, and psychological fitness. The criteria established, which will become effective on October 1, 2007, are specified in sections 875.4 through 875.6 of this section.
875.4 Beginning on October 1, 2007, promotion to Battalion Fire Chief will be accomplished in accordance with the following:
875.5 Beginning on October 1, 2007, promotion to Deputy Fire Chief will be accomplished in accordance with the following:
875.6 The selection process for the Battalion Fire Chief and Deputy Fire Chief is as follows:
876.1 In this section, the following terms have the meaning ascribed:
Disposition ─ the final status of individuals considered for appointment from a register of eligibles, indicated on the register by means of the coding system herein described.
Register of eligibles (register) ─ a list of all individuals eligible for consideration for appointment to a position.
Promotion Board ─ a group of Fire Department (Department) officers appointed by the Fire Chief, as described in § 876.12, to determine the fitness for promotion of eligible Sergeant, Lieutenant, and Captain candidates.
876.2 To be eligible to take a promotional examination, the candidate shall meet the following time-in-rank requirements:
876.3 The personnel authority shall establish a register of eligible candidates who complete the written examination phase of the selection process for Fire Sergeant, Lieutenant, and Captain positions.
876.4 Registers established under this section shall be structured in descending order of the candidate's rating. The rating reflects the candidate's final score on the written examination plus any additional points for service and/or education.
876.5 Registers established under this section shall include the rank, names, social security numbers, and ratings of all eligible candidates.
876.6 Candidates on the register shall be eligible for appointment only if they successfully complete all stages of the selection process, as specified in this section.
876.7 The register shall be in compliance with any applicable provisions of the Affirmative Action Plan of the Department.
876.8 The Assistant Director shall transmit the register of eligibles to the Fire Chief (Chief), who shall designate the Liaison Personnel of the Department (LPD) as the custodian of the register. The Assistant Fire Chief, Operations, shall be designated as the LPD.
876.9 After receiving the register from the Chief, the LPD shall indicate the final status of each candidate in the "Disposition" column on the register, using the following coding system, and in accordance with the instructions set forth in this section:
876.10 The LPD shall establish a file for each candidate whose name is referred to the Promotion Board. Each file shall contain all correspondence and documents concerning the consideration of the candidate for promotion.
876.11 The Trial Board or other administrative system for corrective or adverse action shall notify the Fire Chief of any case initiated or any action taken on any case which may come before it, if that case involves a candidate on a promotion register as set forth in this section.
876.12 The Chief shall, whenever one (1) or more promotions are to be made, establish a Promotion Board (Board) in accordance with the following requirements:
876.13 The Chief shall submit to the Board for its consideration nine (9) more names than the number of promotions to be made. All such names shall be submitted in rank order from the top of the appropriate register.
876.14 The Chief shall submit to the Board the names of the remaining candidates on a register when, for any reason, there are fewer than ten (10) eligible candidates remaining on the register.
876.15 The LPD shall schedule each candidate to appear before the Board.
876.16 The names of candidates who have declined to appear before the Board shall be coded “A” in the “Disposition” column of the register. These candidates shall not be permitted further consideration for positions filled from this register.
876.17 The Board shall convene in order to determine each candidate’s fitness for promotion based on the following:
876.18 Candidates who fail to appear before the Board as scheduled, upon their request, may be permitted by the LPD one (1) additional opportunity to appear before the Board.
876.19 The names of candidates who have either (a) failed to appear before the Board and who have not requested rescheduling, or (b) failed to appear before the Board after rescheduling shall be coded "B" in the "Disposition" column of the register. These candidates shall not be permitted further consideration for positions filled from this register.
876.20 All Board proceedings shall be electronically or stenographically recorded and shall remain in the possession of the LPD.
876.21 The proceedings shall be made available for inspection upon the written request to the LPD of any candidate evaluated by the Board for the duration of the register and for two (2) years thereafter. Each candidate shall be provided access only to that information which is relevant to his or her evaluation.
876.22 The Board shall evaluate the fitness of candidates using standardized procedures and forms approved by the Chief and the Director, DCOP, in order to arrive at a just and fair recommendation concerning promotion.
876.23 A candidate shall be recommended for promotion by the Board to the Chief if a majority of the members of the Board so recommend.
876.24 When the Board unanimously determines that there is sufficient evidence of unfitness for promotion, the Board shall recommend to the Chief that the name of the candidate be removed from the register.
876.25 If a candidate is not recommended for promotion by a majority of the members of the Board and the Board does not unanimously determine that the candidate is unfit for promotion, the Board shall recommend to the Chief that the candidate not be promoted at that time. The name of the candidate then shall be placed in its original rank-ordered position on the register for consideration for promotion by the next Board to be convened.
876.26 In each case where the Board recommends that a candidate not be promoted at that time or that a candidate is unfit for promotion and should have his or her name removed from the register, the candidate shall be given a written summary of the findings upon which the Board's decision was based by the LPD within five (5) days, exclusive of Saturdays, Sundays, and legal holidays, of the Board's decision. Upon request, the candidate shall also be given access to the proceedings as specified in § 876.21.
876.27 The candidate shall also be advised by the LPD that he or she may submit a written appeal to the Chief, within five (5) days, exclusive of Saturdays, Sundays, and legal holidays, from the date of receipt of the written summary, informing him or her of the basis for the recommendation to refrain from promotion.
876.28 The Chief shall take action on the appeal, in writing, within fifteen (15) days. An allotment of positions equal to the number of appeals submitted to the Chief shall be set aside by the Board and shall not be filled until such appeals have been acted upon by the Chief.
876.29 The Chief's determination, under § 876.28, shall be considered the final agency decision on an employee grievance, which the candidate may then appeal.
876.30 If the Chief upholds the appealed recommendation(s) of the Board, the Chief shall submit to the Board for its consideration, an equal number of additional names to replace those determined to be unfit for promotion and those not recommended for promotion at that time. Such additional names shall be referred in rank order from among those candidates who remain on the register. These additional candidates will be considered by the Board as described in §§ 876.15 through 876.29.
876.31 Upon consideration of a sufficient number of candidates, nine (9) plus the number of promotions to be made at the time, the Board shall list these candidates according to their rank-ordered standing on the register and shall submit this list to the Chief.
876.32 The Chief shall select a candidate for promotion from the list of candidates recommended for promotion by the Board.
876.33 Those candidates recommended by the Board for promotion but who are not selected by the Chief shall retain their rank-ordered standing on the register. Their names shall be submitted to the next Board to be convened and shall then be referred by the Board to the Chief for reconsideration without re-examination. Referral of these candidates to subsequent Boards in order of their standing on the register shall proceed until the register has expired or until these candidates have been selected for promotion by the Chief.
876.34 Those candidates who were not recommended by the Board for promotion and whose names are to remain on the register shall retain their rank-ordered standing on the register. They shall be referred to the next Board to be convened and shall be re-examined by this Board as described in §§ 876.15 through 876.29.
876.35 If this Board then recommends these candidates for promotion, their names shall be submitted to the Chief as described in § 876.31.
876.36 If this Board does not recommend these candidates for promotion at that time, they shall retain their rank-ordered standing on the register and shall be referred to subsequent Boards for reconsideration in accordance with the requirements of § 876.34.
876.37 If this Board recommends that the name of the candidate be removed from the register, the candidate shall be treated in accordance with the requirements of §§ 876.24 through 876.29.
876.38 After all appeals within the agency have been exhausted, the names of those candidates who are to be removed from the register shall be coded “C” in the “Disposition” column of the register. These candidates shall not be permitted consideration for positions filled from this register.
876.39 Following selection for promotion by the Chief, each candidate shall be required to successfully complete a medical examination prior to appointment as a Sergeant, Lieutenant, or Captain.
876.40 The LPD shall schedule the medical examination and notify each candidate of the date and time at which to report to the Police and Fire Clinic for the pre-promotional medical examination.
876.41 The names of candidates who have declined to undergo the medical examination shall be coded “D” in the “Disposition” column of the register. These candidates shall not be permitted further consideration for positions filled from this register.
876.42 Each candidate shall report to the Police and Fire Clinic for the medical examination. The staff of the Clinic shall arrange for all necessary tests, including x-rays and other required laboratory procedures.
876.43 Candidates who fail to report for or to complete the medical examination, upon their request and for adequate reason, may be permitted by the LPD one (1) additional opportunity to take/complete the medical examination.
876.44 The Board of Police and Fire Surgeons shall make the medical determinations for each candidate and shall indicate its findings on the Medical Survey Form (PD305 or FD35), which shall be returned directly to the LPD along with the results of all other medical tests.
876.45 The LPD shall review the Medical Survey Form of each candidate and shall ensure that all reasons for medical disqualification are clearly indicated and recorded on that form.
876.46 Those candidates who were medically disqualified by the Board of Police and Fire Surgeons shall be given the reason for their medical disqualification in writing by the LPD within five (5) days, exclusive of Saturdays, Sundays, and legal holidays, of such decision.
876.47 Candidates shall also be advised by the LPD that they may submit, within fifteen (15) days from the date of the letter informing them of their medical disqualification, a written request to the LPD to refer the case to the Board of Police and Fire Surgeons for reconsideration. The results of this reconsideration shall be the final determination of that Board.
876.48 The LPD shall inform candidates in writing within five (5) days, exclusive of Saturdays, Sundays, and legal holidays, of the results of the final medical determination under § 876.47 and of their right of appeal to the Chief. The candidate may then appeal to the Chief in accordance with the requirements of §§ 876.27 through 876.29.
876.49 The Chief's determination regarding an appeal submitted under § 876.48 shall be considered as the final agency decision on an employee grievance.
876.50 The candidate may appeal the Chief's decision either to the Office of Employee Appeals, or in the manner specified in an Agreement with a labor organization, as appropriate under such agreement, and shall be informed of such rights in the issuance of the Chief's final decision.
876.51 The names of candidates who failed to report for the medical examination shall be coded “E” in the “Disposition” column of the register. The names of candidates who failed to complete the medical examination shall be coded “F.” The names of candidates deemed to be unsuitable on the basis of the medical examination shall be coded “G.” These candidates shall retain their rankordered standing on the register, and as further promotions are to be made, their names shall be submitted for consideration by the next Board to be convened.
876.52 Candidates whose effective date of promotion exceeds a reasonable period of time as determined by the LPD (approximately 120 days) from the date of the medical examination may be subject to re-examination by the Board of Police and Fire Surgeons.
876.53 At any time during the selection process, the Director of Personnel may request the Chief to review the findings of the Promotion Board in regard to the qualifications of a candidate. Such review and any resultant appeal by the candidate shall be conducted in accordance with §§ 876.26 through 876.29 and §§ 876.46 through 876.50.
876.54 The Chief shall contact each selectee in writing to tender an offer of promotion, inform the selectee as to where and when to report for promotion, and indicate the procedures for declining the appointment.
876.55 The names of candidates who have been appointed shall be coded “H” in the “Disposition” column of the register.
876.56 The names of candidates who have declined appointment shall be coded "I" in the "Disposition" column of the register. These candidates shall not be permitted further consideration for positions filled from this register.
876.57 The LPD shall document the disposition of each candidate on the register prior to the return of the register through the Assistant Director to the Recruitment and Examining Division. The LPD shall also provide such documentation, through the Assistant Director, to the Recruitment and Examining Division.
876.58 The Assistant Director shall prepare all candidate appointment forms for those candidates who have accepted offers of appointment and shall secure the necessary signatures, as specified on the forms.
876.59 Successive registers shall be established at 12:01 a.m. on October 16 of the even-numbered years. However, the period of eligibility under any special examination shall expire when the next regularly qualifying list becomes effective.
876.60 The LPD shall return the register of eligibles through the Assistant Director to the DCOP Recruitment and Examining Division before a subsequent register is transmitted to the LPD.
876.61 Promotional files are to be retained by the Department for a minimum of three (3) years before being retired to the appropriate records center.
876.62 To the extent that any provision of these regulations, other than § 876.2, conflicts with any provision of a contract with a labor organization, the provision of the contract shall prevail.
877.1 A member who decides to resign from the department shall submit a written notification through his or her chain of command to the Chief of Police at least thirty (30) days from the date he or she wishes to resign.
877.2 The notification shall include:
877.3 A member who decides to voluntarily retire from the department shall submit a request for optional retirement, Police Department Form 292, through his or her chain of command to the Chief of Police at least sixty (60) days from the date he or she wishes to retire.
877.4 Upon receipt of the notification of resignation or request for optional retirement, the Commanding Officer shall:
877.5 Upon receipt of a notification of resignation, or, request for optional retirement that includes a notation that the member is being investigated for serious misconduct, the Chief of Police shall:
877.6 Investigations against members for allegations of serious misconduct shall be completed within twenty-five (25) days from the effective date of the member's resignation or retirement.
877.7 Upon completion of the investigation, if the allegations of serious misconduct are sustained and if the member would have been suspended as a penalty for the misconduct, the Director of DDRO shall assess the member a fine in lieu of suspension in accordance with the schedule established in General Order 201.15 “Retirement Program.” Such fine shall not be less than $100 nor greater than $5,000.
877.8 If the sustained allegations would have resulted in the member being terminated from MPD as a result of the misconduct, the Director of DDRO shall assess the member a fine in lieu of suspension in accordance with the schedule established in General Order 201.15 “Retirement Program.” Such fine shall not be less than $1,000 nor greater than $5,000.
877.9 The Director of DDRO shall assess the penalties for sustained allegations of serious misconduct in accordance with the penalty guidelines set forth in MPD General Order 1202.1 “Disciplinary Procedures and Processes.”
877.10 The member against whom a penalty has been assessed, shall be afforded all rights to which he or she is entitled under federal and District of Columbia law and regulations, police regulations, and any applicable labor agreement as if they were still an employee of MPD.
877.11 If the allegations of misconduct are not sustained, or the investigation is not completed within twenty-five (25) days from the effective date of the member's resignation or retirement, the matter shall be deemed as closed and the final payments due to the member released.
877.12 If the allegation of the misconduct has been sustained but there were no funds available from the member's salary and/or leave balances to assess the penalty, the Chief of Police at his discretion may authorize the collection of the debt through a request to the Office of the Corporation Counsel for enforcement action.
877.13 The following terms shall have the meaning ascribed in this section:
“Conditional Retirement” - The retirement of a member from MPD while under disciplinary investigation for serious misconduct.
“Disciplinary Investigation” - Any official investigation by MPD, including the Office of Internal Affairs, of allegations of serious misconduct by any member of MPD.
“DDRO” – MPD’s Office of Disciplinary Review.
“Member” - Sworn employees of MPD.
“MPD” - The Metropolitan Police Department.
“OPR” - MPD's Office of Professional Responsibility.
“Resignation” - The voluntary separation of a member from MPD before the member’s pension rights have accrued or vested.
“Retirement” - The voluntary separation of a member from MPD after the member’s pension rights, retirement pay, or other benefits have accrued and vested as provided by federal or District of Columbia law or regulation.
“Serious Misconduct” - Any felony violation of federal, local or District of Columbia law, making of a false statement under oath, falsification of official records or reports, unnecessary force, comprising a felony or assisting a person to escape investigation or prosecution, use of illegal or controlled substances, or other violations as determined by the Chief of Police by general order.
878.1 Pursuant to Section 5 of An Act To classify the officers and members of the fire department of the District of Columbia, and for other purposes, approved January 20, 1906 (34 Stat 315; D.C. Official Code § 5-407), a member who decides to resign from FEMS shall submit a written notification through his or her chain of command to the Fire and EMS Chief at least thirty (30) days before the date the member wishes to resign. The written notification shall include:
878.2 Pursuant to Section 12(h) of the Policemen and Firemen’s Retirement and Disability Act, approved September 1, 1916 (39 Stat. 718; D.C. Official Code § 5-712), and FEMS Special Order No. 77, Series 2013 (effective August 14, 2013), a member who decides to voluntarily retire from FEMS shall submit a request for optional retirement through his or her chain of command to the Fire and EMS Chief at least sixty (60) days before the date the member wishes to retire.
878.3 The definitions set forth in Section 879 shall apply to this section.
879.1 Upon receipt of a notification of resignation or request for optional retirement, the Assistant Fire Chief of Operations and/or the Assistant Fire Chief of Services shall:
879.2 Upon receipt of a notification of resignation or request for optional retirement that includes a notation that the member is under disciplinary investigation, the Fire and EMS Chief shall:
879.3 A member who is in conditional resignation or conditional retirement shall not be paid a pension or receive other accrued benefits of any kind, including salary, compensatory time, or accrued leave, during the pendency of the disciplinary investigation.
879.4 The investigation of a member for alleged serious misconduct shall be completed within twenty-five (25) days after the effective date of the member’s resignation or retirement. If FEMS does not complete the investigation within twenty-five (25) days after the date of retirement or resignation, the matter shall be deemed to be closed and the allegations of misconduct not sustained. The member’s pension rights and accrued benefits shall be paid retroactive to the date on which the member initially retired or resigned.
879.5 If at any time during a member’s conditional retirement or conditional resignation FEMS finds that the serious misconduct allegation is not sustained or is unfounded, the matter shall be deemed closed and the member’s pension rights and accrued benefits shall be paid retroactive to the date on which the member initially retired or resigned.
879.6 If FEMS sustains the serious misconduct allegation, the disciplinary process shall proceed as if the member in conditional retirement or conditional resignation continued to be a member of FEMS.
879.7 A member who retires or resigns without knowing that he or she was under disciplinary investigation for serious misconduct shall not be deemed to be in conditional retirement or conditional resignation, but shall instead be provided the opportunity to continue employment with FEMS during the pendency of the disciplinary investigation. Should the member decide to retire or resign after being informed of the disciplinary investigation, he or she shall be deemed to be in conditional retirement or conditional resignation as provided in these regulations.
879.8 The following terms, when used in this section or Section 878, shall have the meanings ascribed:
899.1 For the purposes of this chapter, the following terms have the meaning ascribed:
Administrative hearing officer – A person whose duties, in whole or substantial part, consist of conducting or presiding over hearings in contested matters pursuant to law or regulation, or who is engaged in adjudicatory functions, including, but not limited to any person who bears the title Hearing Officer, Hearing Examiner, Attorney Examiner, Administrative Law Judge, Administrative Judge, or Adjudication Specialist.
Administrative law judge – A person whose duties, in whole or substantial part, consist of conducting or presiding over hearings in contested matters pursuant to law or regulation, or who is engaged primarily in adjudicatory functions on behalf of an agency, rather than investigative, prosecutory or advisory functions, including, but not limited to any person who bears the title Hearing Officer, Hearing Examiner, Attorney Examiner, Administrative Law Judge, Administrative Judge, or Adjudication Specialist.
Break in service – a period of one (1) workday or more between separation and reemployment that may cause a loss of rights or privileges.
Career Appointment (Permanent) – an appointment of an employee, who has satisfactorily completed his or her probationary period, to a continuing position in the Career Service.
Career Appointment (Probational) – an appointment of an employee to a continuing position in the Career Service subject to satisfactory completion of a probationary period of at least one-year (1-year) probationary period.
Career Service – all positions, including part-time positions, of the District government that are not included in the Educational Service, Excepted Service, Management Supervisory Service, or Executive Service, or otherwise excluded by section 800 of this chapter.
Conversion – a change in the employment rights or time limitation of an appointment without a break in service of one (1) full workday.
Days – calendar days, unless otherwise stated. In computing a period of time prescribed by regulation, the day of the action or event triggering the count is not included in the computation. The last day of the period shall not be a Saturday, Sunday, or legal holiday, but shall be, instead, the end of the next day which is not a Saturday, Sunday, or legal holiday.
Demotion – the change of an employee to a lower grade, or to a position with a lower basic pay rate, when both the old and new positions are under the same pay schedule or in different pay schedules.
Detail – the temporary assignment of an employee to a different position for a specified period, with the employee returning to his or her regular duties at the end of the detail. A position is not filled by a detail, as the employee continues to be the incumbent of the position from which detailed.
Eligibles – those qualified to be chosen for appointment on the basis of any of the following (subject to possible suitability or medical determination):
Employee – unless otherwise stated herein, a person appointed to a position in the Career Service.
Foster Care – 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’ rights have been relinquished pursuant to D.C. Official Code § 4-1406. Per subsection 825.3(a), an individual claiming the preference may have documentation from CFSA or the Family Court of the D.C. Superior Court that identifies them as a “foster child.”
Open competition – the use of examination procedures which permit application and consideration of all persons without regard to current or former employment with the District government.
Personnel authority – an individual or entity authorized by section 406 of the CMPA (D.C. Official Code § 1-604.06) to implement personnel rules and regulations for employees of an agency or group of agencies of the District of Columbia; or persons delegated such authority by such an individual or entity. For purposes of this chapter, the Mayor's personnel authority is delegated to the Director of Personnel.
Position change – a promotion, demotion, or reassignment or transfer made during an employee’s continuous service within the Career Service, but not a detail. A position change by any of these methods may also involve a change of official headquarters or post of duty within the Career Service.
Probationary period – except otherwise specified in this chapter, a one-year (1-year) trial period during which 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 grade level within the same job classification system and pay schedule, or to a position with a higher representative rate in a different job classification system and pay schedule.
Reassignment – the change of an employee from one position to another without promotion or demotion.
Register – a list of eligible applicants compiled in order of relative standing for certification.
Subordinate agency – any agency under the direct administrative control of the Mayor, including, but not limited to, the agencies listed in § 301(q) of the CMPA (D.C. Official Code § 1- 603.01(17)) (2001).
Supervisor – at grade levels CS-10 and below, a position that accomplishes work through the direction of other people and meets at least the minimum requirements for coverage in accordance with the U.S. Office of Personnel Management Supervisory Grade Evaluation Guide, or other appropriate classification standards adopted by the D.C. Department of Human Resources. Those directed may be subordinate District service employees, whether full-time, part-time, intermittent, or temporary; non-District service workers; unpaid volunteers; student trainees, or others. Supervisors exercise delegated authorities such as described in Factor 3 – Supervisory and Managerial Authority Exercised, in the Supervisory Grade Evaluation Guide. A first (1st) level supervisor personally directs subordinates without the use of other subordinate supervisors. A “full assistant” shares fully with a higher-level supervisor in all phases of work direction, contractor oversight, and delegated authority over the subordinate staff.
Temporary Appointment Pending Establishment of a Register (TAPER) – a temporary appointment pending establishment of a register when there are insufficient candidates on a register appropriate for filling a position that will last for more than one (1) year and the public interest requires that the vacancy be filled before eligibles can be certified.
Temporary appointment – an appointment with a specific time limitation of one (1) year or less.
Term appointment – an appointment with a specific time limitation in excess of one (1) year, but not exceeding four (4) years, unless extended by the personnel authority as provided in § 823.2, or as otherwise provided by statute.
Transfer – a change, without a break in service of a full workday of a career (probational) or career (permanent) employee to another Career Service position of like tenure under a different personnel authority.
Veteran – as defined in § 703 of chapter 7 of these regulations.
Ward of the State – A person between the age of 18-21 years old who is currently committed to the Mayor as a ward of the District of Columbia or previously deemed a ward within the past five (5) year from the date of application for employment, pursuant to D.C. Official Code § 4-114. Per Subsection 825.3(a), an individual claiming the preference may have documentation from CFSA or the Family Court of the D.C. Superior Court that identifies them as a “ward of the state.”
When-actually-employed (WAE) appointment – temporary appointment under which the employee serves on an intermittent basis, that is, non full-time without a prescheduled regular tour of duty. This type of temporary appointment is also referred to as either “intermittent appointment,” or as “intermittent service.”
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.
| Date | Section(s) | DPM Transmittal | Comments |
|---|---|---|---|
| 37 DCR 7117 (11/9/90 | See below | DPM Transmittal 19 | See below |
| In reference to DPM Transmittal No. 19, the corresponding rulemaking notice was published in separate issues of the D.C. Register. Sections 800 through 848 and 899 were published in final at 32 DCR 1857 (April 15, 1985). A notice published at 35 DCR 1087 (February 19, 1988) affected §§ 807.1 (c), 807.1 (d) (renumbered as 807.1 (d) and 807.1 (f), respectively), and 816.5, and added new §§ 807.1(c), 807.1 (e), and 816.6. A notice published at 36 DCR 6069 (August 25, 1989) amended §§ 807.1 (a) and (d) and added §§ 807.1 (g) and (h). A notice published at 37 DCR 3952 (June 15, 1990) amended § 807.1 (d). Section 870 was published at 30 DCR 2555 (May 27, 1983), amended at 32 DCR 2473 (May 3, 1985) (§ 870.9 (b), and amended at 33 DCR 4299 (July 18, 1986) (deleted §§ 870.24 and 870.25, renumbered §§ 870.26 through 870.49 as 870.34 through 870.57, added new §§ 870.26 through 870.33, and amended renumbered §§ 870.41 and 870.49). Section 871 was published at 31 DCR 4529 (September 14, 1984); § 872 was published at 30 DCR 4223 (August 19, 1983); § 875 was published at 30 DCR 4608 (September 9, 1983); and § 876 was published at 31 DCR 2715 (June 1, 1984). |
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| 42 DCR 3520 (7/7/95) | Section(s) 875 | DPM Transmittal No. 44 | These rules amended the title of section 875, Promotion to Battalion Fire Chief and Deputy Fire Chief; and rescinded section 875.3. |
| 45 DCR 451 (1/23/98) | Section(s) 871, 872, 873 | No DPM Transmittal issued | |
| 45 DCR 1641 (3/20/98) | Section(s) 823, 824 | No DPM Transmittal issued | These rules added language at the end of sections 823.4 and 823.8; and made a grammatical change. |
| 47 DCR 2419 (4/7/00) | Section(s) 823, 824, 829 | DPM Transmittal No. 52 | The main purpose of the rules was to amend the provisions governing noncompetitive appointments in the Career Service. |
| 48 DCR 8973 (9/28/01) | Section(s) 874 | DPM Transmittal No. 78 | The main purpose of the rules was to amend the chapter to add provisions creating the D.C. Police Training and Standards Board. |
| 49 DCR 1859 (3/1/02) | Section(s) 871, 872 | DPM Transmittal No. 82 | These rules amended the time-in-rank requirement for promotions and amended the rules pertaining to appointments to Inspector, Commander, and Assistant Chief of Police. |
| 49 DCR 8368 (8/30/02) | Section(s) 874 | No DPM Transmittal issued | These rules added section 874, Retirement/Resignation of Members While Under Disciplinary Investigation. Note: Original final rulemaking published on 8/30/02 erroneously repealed the rules governing the Training and Standards Board. Section 874 in DPM Transmittal No. 78 contained the provisions on the Training Board. |
| 49 DCR 9298 Errata Notice (10/11/02) | Section(s) 877 | DPM Transmittal No. 90 | Establishment of rules governing members of the MPD who resign or retire while under disciplinary investigation. |
| 49 DCR 6842 (7/19/02) | Section(s) 813 | DPM Transmittal No. 91 | These rules amended section 813.4 to allow for the extension of the probationary period for certain employees in the Fire and Emergency Medical Services Department (FEMSD). |
| 51 DCR 9706 (10/15/04) | Section(s) 811, 848, 899 | DPM Transmittal No. 120 | These rules rescinded sections 811 and 848, and amended the Definitions section. |
| 51 DCR 10410 (11/12/04) | Section(s) 849, 899 | DPM Transmittal No. 120 | These rules added a new section 849, Attorney Certificate of Good Standing Filing Requirement, establishing the provisions for the filing of the certificate by Career Service attorneys; and amended the Definitions section. |
| 53 DCR 3248 (4/21/06) | Section(s) 807, 875 | DPM Transmittal No. 142 | The main purpose of these rules was the amend section 875 to change the requirements for promotions to Battalion Fire Chief and Deputy Fire Chief in the FEMSD, as required under the Omnibus Public Safety Agency Reform Amendment Act of 2004, effective September 30, 2004. |
| 54 DCR 725 (1/26/07) | Section(s) 812 through 815; 824 and 825, 838, and 899 | DPM Transmittal 149 | These rules amended the time-in-grade requirements in section 838 of the chapter. |
| 54 DCR 9556 (10/5/07) | Section(s) 807, 813, 822 | DPM Transmittal No. 153 | The main purpose of these rules was to amend section 807.1 (e) to provide that a former uniformed member of the MPD may be reinstated to a rank no higher than the rank last held. |
| 55 DCR 21 (1/4/08) | Section 872.5 | DPM Transmittal No. 163 | These rules amended section 872.5 to provide that Inspectors, Commanders, and Asst. Chiefs of Police may be returned to their previous rank/position at the discretion of the Chief of Police. |
| 55 DCR 7731 (7/18/08) | Section(s) 802, 803. 813, 823, and 838 | DPM Transmittal No. 170 | These rules amended the chapter to add gender identity or expression, familial status, genetic information, disability (instead of physical handicap), and status as victim of an intrafamily offense, to the list of prohibited discriminatory personnel practices; amended section 813.2 on probationary period requirements, to provide that correctional officers first hired after the effective date of this provision shall be required to complete an eighteen-month (18-month) probationary period; and amended the chapter to provide criteria to allow waivers of the one-year (1-year) time-in-grade restriction for promotions within the Career Service. |
| 56 DCR 002571 (4/3/09) | Section(s) 800, 801, 802, 804, 810, 813, 819, 820, 821, 830, 849, 870, 873, 876, and 899 | DPM Transmittal No. 183 | These rules (1) amended section 813, Probationary Period, of the chapter to provide that “operations staff” in the Office of Unified Communications (OUC) first hired after the effective date of the new requirement, shall complete an eighteen-month (18- month) probationary period, (2) added a list of the positions within the OUC considered operations staff to which the new requirement shall apply; (3) and provide that an agency head may submit a request to the personnel authority to impose a probationary period longer than one (1) year for certain classes of positions, and include factors or conditions that would warrant the establishment of a longer probationary period requirement. |
| 56 DCR 003685 (5/8/09) | Sections(s) 871 | E-DPM Transmittal No. 188 | These rules amended subsections 871.1 and 871.4 of the chapter, to: (1) decrease the time-in-rank requirements for promotion to the ranks of police Sergeant, Lieutenant, and Captain; (2) eliminate the requirement that the promotional register contain each employee’s social security number; and (3) consolidate the existing performance ranking requirement with the time-in-grade requirements for clarity. In addition, subsection 871.12 of the chapter was repealed. |
| 56 DCR 006162 (8/7/09) | Sections(s) 807 | E-DPM Transmittal No. 193 | These rules amended subsection 807.1 (c) to remove the age requirements for original (new) firefighter appointments and reinstatements to firefighter positions in the Fire & Emergency Medical Services Department (FEMSD); and corrects a typographical error (non-substantive change) in subsection 807.1 (b). |
| 59 DCR 008388 (7/13/12) | Section(s) 800, 811, 813.2, 813.3 through 813.18 | E-DPM Transmittal No. 204 | These rules amended section 800 to add the Educational Service employees in the Office of the State Superintendent of Education, except as provided in section 811; amend subsection 813.2 to provide that individuals appointed to entry-level Firefighter/Emergency Medical Technician (EMT) and entry-level Firefighter/Paramedic positions in the Fire & Emergency Medical Services Department are subject to an eighteen (18) month probationary period and change the position title of the entry-level positions in the Department of Youth and Rehabilitation Services that require an eighteen (18) month probationary period from “Correctional Officer” to “Youth Development Representative;” add subsection 813.3 to provide that entry-level Youth Development Representative positions in the DYRS are at the grade levels 07 and 08; and renumber subsections 813.3 through 813.18 of the chapter and make the resulting renumbering changes throughout those subsections. |
| 61 DCR 002122 (03/14/2014) | Section 825 | E-DPM Transmittal No. 215 | These rules amended section 825, to add provisions that allow for a 10- point hiring preference to be awarded to an applicant for a Career Service position who is 18 to 21 years of age and in foster care or within 5 years of leaving foster care. In addition, section 899 was amended to add a definition for the term “foster care,” “foster child,” and “ward of the state.” |
| 61 DCR 12498 (12/5/2014) | Section(s) 823 and 830.1 | E-DPM Transmittal No. 221 | The rules amended sections 823 and 830.1 to allow agencies to noncompetitively convert employees serving in term appointments to a regular Career Service appointment. |
| 67 DCR 003261(3/20/2020) | Sections 876.2 | E-DPM Transmittal No. |
The rules amended section 876.2 to broaden the time-in-rank requirements for FEMS employees wishing to take the Sergeant, Lieutenant, and Captain promotional examinations. This transmittal version is available here. |
| Vol.68 - No.12 (2/1/2021) | All | Chapter 8 renamed to "Police, FIre, and Emergency Medical Services Employees " (formerly named "Career Service" and provisions are amended in their entirety. | |
| 69 DCR 010387 (8/12/2022) | Sections 807, 810, 811, 812, 816 | Certain rules were inadvertently deleted in the March 19, 2021, rulemaking and, this final rulemaking amends Chapter 8 to restore these provisions. Restores language relating to the minimum and maximum age limits of police and fire cadets at subsection 807.5 and updates the citation to the correct current statutory authority. Adds Section 810 with conforming revisions to reflect that MPD and FEMS provisions are now compiled in one chapter independent of other agencies but generally follow the same probationary period-related rules, and to capture former rules 813.2(a) and (c) which established certain probationary rules specific to MPD and FEMS, respectively. Adds Section 811 to restore additional rules for extending probationary periods.Adds language to provide additional guidance relating to the management of term and temporary appointments at section 812 and includes specific rules relating to member reinstatements (formerly in Subsection 816.6) in a new Section 816. | |