Executive Service

Contents

1000 Executive Service

1000.1 The Executive Service is established within the District government to ensure that each subordinate agency head is of the highest quality, is responsible for the effective and efficient management of subordinate agencies, and is responsive to the needs of the citizens and the goals of the District of Columbia government.

1000.2 Appointments to Executive Service positions shall be made by the Mayor, as provided by law.

1000.3 Employees appointed to the Executive Service shall serve at the pleasure of the Mayor, except as otherwise provided for by statute.

1000.4 Except in the case of an individual who meets the following criteria, any person who accepts appointment or is hired to fill a position in the Executive Service on or after October 1, 2002 shall become a domiciliary of the District of Columbia within one hundred eighty (180) days of the effective date of appointment and shall maintain District of Columbia domicile for the duration of appointment:

(a) Any person who was an employee of the District of Columbia government on December 31, 1979, and who is still employed by the District of Columbia government without having had a break in service of one (1) workday or more since that date; or

(b) Pursuant to the provisions of § 7 of the Saint Elizabeths Hospital and District of Columbia Mental Health Services Act, approved November 8, 1984 (P.L. 98-621; 98 Stat. 3376; 24 U.S.C. § 225e(b)), any former employee of the U.S. Department of Health and Human Services at St. Elizabeths Hospital who accepted employment with the District government without a break in service effective October 1, 1987, and who has not had a break in service since that date.

1000.5 Except as provided in § 1000.4(a) and (b), any employee in the Executive Service who was hired prior to October 1, 2002, and who was required to be or become a bona fide resident of the District of Columbia within one hundred eighty (180) days of appointment and maintain such residency for the duration of appointment or forfeit employment shall continue to be bound by the residency requirement that was in effect before October 1, 2002.

1000.6 Failure to become a domiciliary of the District of Columbia within the required period of time and to maintain District of Columbia domicile pursuant to this section shall result in forfeiture of employment.

1000.7 Notwithstanding the provisions of §§ 1000.4 through 1000.6, a person nominated to serve in an acting or interim capacity in the Executive Service shall not become subject to the domicile requirement until after confirmation by the Council and promulgation of a Mayor’s Order or a personnel action appointing him or her to the Executive Service position. Specifically, the person shall become a domiciliary of the District of Columbia within one hundred eighty (180) days from the date specified in the Mayor’s Order as the date of appointment, or from the effective date of the personnel action processed after Council confirmation to appoint him or her to the position, whichever action occurs first.

1000.8 The Director of Personnel shall inform each employee subject to the provisions of § 1000.7, in writing, of the exact date by which he or she shall meet the domicile requirement.

1001 Executive Service Pay Plan

1001.1 The Executive Service Pay Schedule (“DX Schedule”) is divided into five (5) pay levels and is the basic pay schedule for positions in the Executive Service.

1001.2 The Director of Personnel shall provide relevant criteria for consideration by the Mayor in designating the appropriate pay level within the DX Schedule for each position in the Executive Service. Criteria shall include, but not be limited to, the following:

(a) Agency budget characteristics;

(b) Agency workforce characteristics;

(c) Complexity of agency mission and functions; and

(d) Desired qualifications for, or the impact of the person on, the position.

1001.3 A person appointed to a position in the Executive Service shall be appointed at the pay level on the DX Schedule designated for that position, and shall receive a salary set at any amount within the salary range that the Mayor determines to be appropriate.

1001.4 The Mayor, at his or her sole discretion, may change the salary of any person holding an appointment in the Executive Service at any time to any other salary within the salary range for the level occupied.

1001.5 The salary of an Executive Service employee who is temporarily assigned to a position at a higher or lower level in the DX Schedule shall be set, at the discretion of the Mayor, at any salary within the salary range of the level to which the employee is temporarily assigned or at a salary within the salary range of the level of the employee’s regular Executive Service position.

1001.6 A person paid from the DX Schedule shall not be entitled to premium pay.

1001.7 A person holding an appointment in the Executive Service on the effective date of this section shall continue to be paid his or her existing salary until the Mayor effects a personnel action establishing a salary within the salary range for the designated level of the position on the DX Schedule.

1001.8 The Director of Personnel shall publish procedures to implement this section, including the level designated by the Mayor for each Executive Service position.

1002 Subsequent Appointments

1002.1 Except as provided in § 1002.2, no person holding a position in the Executive Service may be appointed to a position in the Career, Educational, or Management Supervisory Service for at least one (1) year immediately following his or her separation from the Executive Service.

1002.2 Upon termination from the Executive Service, a person with Career, Educational, or Management Supervisory Service status may retreat, at the discretion of the Mayor and in such service in which he or she has status, within three (3) months, to a vacant position for which he or she is qualified.

1003 Pre-Employment Travel and Relocation Expenses and Temporary Housing Allowance

1003.1 An agency may pay to an individual reasonable travel expenses, up to a maximum of $5,000 (five thousand dollars), incurred incidental to pre-employment interviews held for the purpose of ascertaining his or her qualifications for a position in the Executive Service.

1003.2 An agency may pay relocation expenses for the individual and his or her immediate family when the individual is selected for or appointed to a position in the Executive Service, if that relocation is to the District of Columbia from outside the Greater Washington Metropolitan Area.

1003.3 In the case of an individual eligible for relocation expenses pursuant to § 1003.2, an agency may pay a reasonable temporary housing allowance for a period not to exceed sixty (60) days for the individual and his or her immediate family.

1003.4 Payment of expenses under §§ 1003.2 and 1003.3 may only be made after the selectee or appointee signs a notarized agreement to remain in the District government service for twelve (12) months after his or her appointment, unless separated for reasons beyond his or her control that are acceptable to the Mayor.

1003.5 Any expense incurred for which reimbursement is sought pursuant to this section must be supported by a valid receipt or invoice, the original of which must be submitted with the request for reimbursement.

1003.6 If an individual violates an agreement under § 1003.4, the money paid by the District government for expenses shall be a debt due to the District government and shall be recoverable by set-off, in accordance with Chapter 29 of these regulations, against accrued pay or any other amount due the individual.

1004 Performance Contract

1004.1 The Mayor shall set performance expectations and goals for each subordinate agency head in a written annual performance contract. The performance contract shall outline agency-specific and operational goals, with a corresponding timeline for accomplishment of each goal. Both the Mayor and the subordinate agency head shall sign the annual performance contract.

1004.2 Each subordinate agency head shall be evaluated on an annual basis on the achievement of the performance expectations and goals in the performance contract for that year.

1004.3 The performance rating period for each subordinate agency head shall be from the beginning of each fiscal year to the end of the fiscal year.

1005 Performance Incentives

1005.1 The Mayor may authorize performance incentives for exceptional service by a subordinate agency head.

1005.2 A performance incentive may be paid once in any fifty-two-week (52-week) period and only when the agency head is subject to an annual performance contract that clearly identifies measurable goals and outcomes and the agency head has exceeded contractual expectations in the year for which the incentive is to be paid.

1005.3 A performance incentive shall not be paid unless the agency head has served in the position for a continuous fifty-two-week (52-week) period prior to the granting of the performance incentive.

1005.4 The amount of a performance incentive shall be determined by the Mayor and shall not exceed ten percent (10%) of the employee’s rate of basic pay in any year.

1005.5 A performance incentive pursuant to this section shall be approved in accordance with Chapter 19 of these regulations.

1005.6 An agency head shall not be eligible to receive monetary awards pursuant to Chapter 19 of these regulations.

1006 Separation Pay

1006.1 At the discretion of the Mayor and subject to the provisions of this section, a subordinate agency head at grade level DS-15 (or equivalent) or above may receive separation pay of up to eight (8) weeks of his or her basic pay (unless the Mayor specifies that separation pay of up to twelve (12) weeks is warranted), and a subordinate agency head at grade level DS-14 (or equivalent) or below may receive separation pay of up to four (4) weeks of his or her basic pay (unless the Mayor specifies that separation pay of up to twelve (12) weeks is warranted).

1006.2 The number of weeks of separation pay authorized pursuant to this section shall not exceed the number of weeks between the individual’s separation and the individual’s appointment to another position in the District government.

1006.3 Separation pay, if authorized pursuant to § 1006.1, shall be provided at the time of separation from the District government as a lump-sum, one-time payment, subject only to the withholdings of federal, District of Columbia, and State income taxes, and social security taxes, if applicable.

1006.4 Separation pay shall not be payable to any individual who either:

(a) Accepts an appointment to another position in the District government without a break in service; or

(b) Is eligible to receive an annuity under any retirement program for employees of the District government, excluding the District retirement benefit program under § 2605 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 § 1-626.05) (2001).

1006.5 An individual who receives separation pay pursuant to this section, and who is subsequently appointed to any position in the District government during the period of weeks represented by that payment, shall be required to repay the amount of separation pay attributable to the period covered by such appointment. The pro-rated amount to be repaid shall be based on the entire amount of the separation pay, including all deductions for taxes, etc., and shall be paid to the agency that made the separation payment.

1006.6 Separation pay for a subordinate agency head shall not exceed four (4) weeks of his or her basic pay unless he or she has been a District government employee for at least one (1) year prior to the separation.

1007 Universal Leave

1007.1 An employee appointed on or after January 2, 1999 without a break in service from another position in the District government to serve in an acting or interim capacity in an Executive Service position shall not become subject to the provisions of this section until confirmation by the Council and promulgation of the Mayor’s Order appointing him or her to the Executive Service position, whereupon applicability of this section shall become effective as of the date specified by Mayor’s Order as the effective date of that appointment.

1007.2 Each Executive Service employee shall have a universal leave account.

1007.3 On the first pay period of the leave year, each individual shall have his or her universal leave account credited with twenty-six (26) days of universal leave.

1007.4 Except as provided in § 1007.5, each full biweekly pay period represents one (1) workday of accrued universal leave.

1007.5 Each Executive Service employee appointed after the first pay period of the leave year shall have his or her leave account credited with universal leave on a pro rata basis.

1007.6 An Executive Service employee who initially enters on duty on any workday of a biweekly pay period shall receive credit for the entire biweekly pay period for purpose of crediting universal leave.

1007.7 Universal leave provided by this chapter shall be used on days on which an Executive Service employee would otherwise work and receive pay and shall be exclusive of official holidays and non-workdays established by statute or administrative order.

1007.8 There shall be no charge to universal leave for absences of less than one (1) work day.

1007.9 An Executive Service employee may carry over not more than five (5) days of unused universal leave for use in succeeding years. All other unused leave shall be forfeited as of the end of the leave year.

1007.10 Upon separation, an Executive Service employee shall be paid for any universal leave remaining to his or her credit (less a pro-rated amount representing the portion of the universal leave that would be creditable for the remainder of the year).

1007.11 Payment for leave upon separation from the Executive Service as provided in § 1007.10 shall be at the employee’s rate of pay at the time of separation.

1007.12 Except as provided in § 1007.14, each employee in the Executive Service on January 2, 1999 shall have his or her accrued annual leave balance, up to a maximum of two hundred forty (240) hours, transferred to an annual leave escrow account for use at the discretion of the employee until exhausted.

1007.13 The employee shall be given a lump-sum payment for any annual leave in excess of the leave transferred pursuant to § 1007.12, payable at the rate of pay in effect on the last day of the last pay period of the 1998 leave year.

1007.14 Each employee appointed without a break in service to a position in the Executive Service from another position in the District government on or after October 25, 1998 shall have his or her accrued annual leave balance, up to a maximum of two hundred forty (240) hours, transferred to an annual leave escrow account for use at the discretion of the employee until exhausted.

1007.15 The employee shall be given a lump-sum payment for any annual leave in excess of the leave transferred pursuant to § 1007.14, payable at the rate of pay in effect immediately before his or her appointment to the Executive Service.

1007.16 Upon separation, an Executive Service employee shall be paid for any annual leave remaining in the annual leave escrow account.

1007.17 Sick leave credit of an Executive Service employee that was accrued under § 1203(j) of the CMPA (D.C. Official Code § 1-612.03(j)) ((2001) shall be held in a sick leave escrow account and may be used at the discretion of the employee until exhausted.

1007.18 Any balance remaining in a sick leave escrow account at the time of retirement of an Executive Service employee under the U.S. Civil Service Retirement System (Chapter 83 of Title 5 of the U.S. Code) or the Police and Fire Retirement System (D.C. Official Code § 5-701 et seq. (2001)) shall be available for use as additional service credit under the provisions of the applicable retirement system.

1007.19 When an employee elects to use leave from either the annual leave escrow account or the sick leave escrow account, such usage shall only be charged for absences for a full day, resulting in a reduction of eight (8) hours in the balance of the sick leave or annual leave escrow account.

1008 Retirement Benefits [Reserved]

1009 Life Insurance Benefits [Reserved]

1010 Disability Income Protection Program [Reserved]

1099 Definitions

1099.1 When used in this chapter, the following terms shall have the meaning ascribed:

Executive Service – except as modified by § 1007.1 for purposes of § 1007, any subordinate agency head position under the administrative control of the Mayor, to which the Mayor is authorized to appoint executives in accordance with §§ 1051 through 1063 of the CMPA (D.C. Official Code § 1-610.51 et seq.) (2001).

Greater Washington Metropolitan Area – the Consolidated Metropolitan Statistical Area which includes Washington, D.C. (the “Washington-Baltimore, DC-MD-VA-WV CMSA”), as defined by the Office of Management and Budget June 30, 1998 (revised November 3, 1998), and which consists of the following:

(a) The Baltimore, MD Primary Metropolitan Statistical Area (PMSA), consisting of Anne Arundel County, Baltimore County, Carroll County, Harford County, Howard County, Queen Anne’s County, and Baltimore city;

(b) The Hagerstown, MD PMSA, consisting of Washington County; and

(c) The Washington, DC-MD-VA-WV PMSA, consisting of the District of Columbia; Calvert County, MD; Charles County, MD; Frederick County, MD; Montgomery County, MD; Prince George’s County, MD; Arlington County, VA; Clarke County, VA; Culpeper County, VA; Fairfax County, VA; Fauquier County, VA; King George County, VA; Loudoun County, VA; Prince William County, VA; Spotsylvania County, VA; Stafford County, VA; Warren County, VA; Alexandria city, VA; Fairfax city VA; Falls Church city, VA; Fredericksburg city, VA; Manassas city, VA; Manassas Park city, VA; Berkeley County, WV; and Jefferson County, WV.

Performance contract – an agreement between an agency head and the Mayor or the City Administrator that may be entered into and that clearly identifies measurable goals and outcomes.

Pre-employment travel expenses – expenses allowed for an individual pursuant to § 1003.1, which may include such items as hotel accommodations, travel (commercial carrier, privately owned vehicle, etc.), and a per diem allowance.

Relocation expenses – expenses allowed for an individual and his or her immediate family pursuant to § 1003.2, which may include such items as transportation of family, transportation of household goods and expenses related thereto, temporary storage expenses, relocation services company, property management services, and a per diem allowance.

Subordinate agency – the meaning provided in § 301(m) of the CMPA (D.C. Official Code § 1-603.01(17)) (2001).

Temporary housing allowance – subsistence expenses incurred by an individual and his or her immediate family while occupying lodging obtained for the purpose of temporary occupancy when authorized pursuant to § 1003.3.