On March 19, 2021, the Director of the D.C. Department of Human Resources (DCHR) modernized the District government’s talent acquisition strategy by issuing new Career Service rules at Title 6-B, Chapter 2, of the D.C. Municipal Regulations. Most of these rules were moved from the previous Chapter 8, Career Service, which also applied to the Fire and Emergency Medical Services Department (FEMS) and the Metropolitan Police Department (MPD). However, the newer Chapter 2 does not apply to uniformed members of FEMS or MPD, and specific probationary rules concerning those agencies were inadvertently removed. Therefore, the Director issues this variance to maintain the status quo until the rules can be restored through the regulatory process.

The Director may grant a variance from our personnel regulations when: (a) there is a practical difficulty or unnecessary hardship in complying with the regulations; (b) the variance is within the spirit of the regulations; (c) the efficiency of the District government will be protected and promoted; and (d) the integrity of the Career Service will be protected and promoted (6-B DCMR § 104.1). Whenever the Director issues a variance, we must publish an issuance that outlines the practical difficulty with the current regulations, the variance being granted, how the variance protects government efficiency and integrity, and the steps being taken to limit the applicability of the variance. DCHR published this issuance to meet these requirements, which are found at § 104.2.

Prior to March 19, 2021, 6-B DCMR § 813 required 18-month probationary periods for individuals hired into entry-level police officer and medical firefighter positions with specific provisions as to the service that can be counted toward the probationary period. The lengthier probationary periods are needed to better evaluate these entry-level employees due to classroom and field training requirements. Without the extended probationary period as well as the probationary extensions found in the former 813.10, entry-level employees cannot be fully evaluated prior to the expiration of the probationary period, which can lead to pre-mature probationary terminations or require lengthy and costly removal procedures when the employee fails to meet performance standards after the period has expired.

The amendments to the 18-month probationary period were not intentional. Section 813 of the former Career Service rules applied to all Career Service employees, including uniformed FEMS and MPD. The new Chapter 2, published March 19, 2021, excludes uniformed FEMS and MPD from its coverage and upon publication, duplicative rules found in Chapter 8 were repealed. However, through an oversight, we did not publish revised rules to retain the provisions formally found at §§ 813.2 and 813.10 for entry-level uniformed FEMS and MPD employees. 

Both FEMS and MPD have reported challenges with the absence of the former language from an operational standpoint. Given that the rules were removed unintentionally, and that the specialized probationary requirements meet government efficiency and integrity needs, the potential limitations raised by the absence of the former language creates practical challenges. Additionally, the unintentional modification of these probationary rules raises internal equity concerns between entry-level members who may or may not be subject to different rules. Therefore, retroactive restoration of the former probationary rules protects the integrity of the Career Service.

For the above reasons, the Director grants a variance to Chapter 8, Police, Fire and Emergency Medical Services Employees, as follows:

Sections 810, 811, and 812 are added to read as follows:

810      PROBATION

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).

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:

(a)       Individuals hired into entry-level police officer positions in MPD; and

(b)       Individuals hired into entry-level Firefighter/Emergency Medical Technician (FF/EMT) and entry-level Firefighter/Paramedic (FF/P) positions in FEMS.

810.3   Consistent with § 226.1, 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      EXTENDING PROBATION

The personnel authority shall extend the probationary period required by § 810.2 for:

(a)       Each workday that the employee is placed in a non-pay status for any reason;

(b)       Each workday an entry-level police officer, who is serving an eighteen (18) month probationary period, is not performing the full range of police duties of the position to which assigned, including periods of sick leave or non-contact status; and

(c)       Each workday that an entry-level Firefighter/Emergency Medical Technician (FF/EMT), Firefighter/Paramedic (FF/P), Paramedic, or Emergency Medical Technician is unable to perform the full range of duties of the position to which assigned, including periods of limited duty, sick leave, and non-contact status.

812     TERM AND TEMPORARY APPOINTMENTS

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).

This variance is limited to the entry-level employees identified in the Background and Context section. This variance will expire upon publication of revised rules or December 31, 2021, whichever occurs first.

DCHR considered the following authorities for purposes of evaluating and issuing this variance:

1. Career Service, 6-B DCMR §§ 813.2 and 813.10 (as of March 18, 2021);
2. Variances, 6-B DCMR § 104;
3. Talent Acquisition, 6-B DCMR §§ 223 - 227 (eff. March 19, 2021); and
4. Police, Fire, and Emergency Medical Services Employees, 6-B DCMR Chapter 8 (eff. March 19, 2021).