DC Personnel Regulations,
Chapter 9, Part I
Excepted Service
Contents
900 Applicability
900.1 This chapter applies to all appointments in the Excepted
Service under the authority of the District of Columbia Government
Comprehensive Merit Personnel Act of 1978 (CMPA), effective March
3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-609.01 et seq.)
(2001). Unless otherwise required by law, all Excepted Service appointments,
other than those appointed under the authority of § 904 of
the CMPA (D.C. Official Code § 1-609.04) (2001), serve at the
pleasure of the appointing personnel authority.
901 Excepted Service Classification Standards
901.1 Each position in the Excepted Service shall be classified
as prescribed in Chapter 11 of these regulations, except that:
(a) Statutory positions shall be classified in a manner consistent
with their governing statutes; and
(b) The personnel authority may adjust the grade or salary of
a position to reflect the professional, scientific, or technical
stature of an individual appointed as an expert or consultant.
902 Excepted Service Qualification Standards
902.1 A person appointed to a position in the Excepted Service,
other than a person appointed to a statutory position, shall meet
the minimum qualification standards for the position to which the
appointment is to be made.
902.2 The qualification standards for a position in the Excepted
Service, other than a statutory position, to which a personnel authority
may make any such appointment, shall be established and published
by the appropriate personnel authority in consultation with the
Director of Personnel.
902.3 A noncitizen’s failure to have a valid authorization
to work issued by federal officials pursuant to Part 274a of Title
8 of the Code of Federal Regulations shall automatically disqualify
an applicant for appointment to a position in the Excepted Service.
902.4 Pursuant to § 408 of the CMPA (D.C. Official Code §
1-604.08) (2001), each personnel authority shall designate a person
to administer the oath of office to each new employee of an agency.
The oath shall be as follows: “I, (employee’s name),
do solemnly swear (or affirm) that I will faithfully execute the
laws of the United States of America and of the District of Columbia,
and will to the best of my ability, preserve, protect and defend
the Constitution of the United States, and will faithfully discharge
the duties of the office of which I am about to enter.”
902.5 Accordingly, each personnel authority shall determine whether
an applicant or appointee is or has been involved in any activities
that constitute a reasonable basis for concluding that the candidate
would not faithfully discharge the duties of the position for which
he or she is being considered.
902.6 For purposes of this chapter, no person shall be considered
suitable for employment in the District of Columbia who advocates
the overthrow of the governments of the United States or the District
of Columbia by unconstitutional means.
903 Age Requirements
903.1 The minimum age for employment in the Excepted Service,
unless a different age requirement is specifically provided in the
law authorizing such appointment or position, shall be sixteen (16),
except that the minimum age for a junior youth aide of the Department
of Parks and Recreation and for summer employment shall be fourteen
(14) for a person appointed to a transitional position.
904 Excepted Service Positions
904.1 Statutory positions shall include those occupied by employees
who by statute serve at the pleasure of the appointing authority,
or as provided by statute for a term of years, subject to removal
for cause as may be provided in their appointing statute, pursuant
to § 908 of the CMPA (D.C. Official Code § 1-609.08) (2001).
904.2 Public employment positions shall include positions created
under public employment programs established by law (§ 904
of the CMPA; D.C. Official Code § 1-609.04 (1)) (2001).
904.3 Transitional positions shall include positions established
under special employment programs of a transitional nature designed
to provide training or job opportunities for rehabilitation purposes,
including developmentally disabled or handicapped persons, ex-offender
or other disadvantaged groups (§ 904 (2) of the CMPA; D.C.
Official Code § 1-609.04 (2)) (2001).
904.4 Special category positions shall include the following:
(a) Positions occupied by Federal, state, or local government
employees under the mobility provisions of the Intergovernmental
Personnel Act of 1970, approved January 5, 1971 (P.L. 91-648;
84 Stat. 1909; 5 U.S.C. § 3301 et seq.), or a temporary personnel
exchange agreement as authorized under Chapter 27 of these regulations
(§ 904 (3) of the CMPA; D.C. Official Code § 1-609.04
(3)) (2001);
(b) Positions established by personnel authorities, other than
the D.C. Board of Education or the Board of Trustees of the University
of the District of Columbia, under federal grant-funded programs
that have a limited or indefinite duration and are not subject
to state merit requirements (§ 904 (4) of the CMPA; D.C.
Official Code § 1-609.04 (4)) (2001); and
(c) Professional, scientific, or technical expert or consultant
positions (§ 904 (5) of the CMPA; D.C. Official Code §
1-609.04 (5)) (2001).
904.5 Training positions shall consist of positions established
under cooperative educational and study programs, positions established
under a predoctoral or postdoctoral training program under which
employees receive a stipend, and positions occupied by persons who
are graduate students under temporary appointments when the workperformed
is the basis for completing certain academic requirements for advanced
degrees (§ 904 (6) of the CMPA; D.C. Official Code § 1-609.04
(6)) (2001).
904.6 Pursuant to § 903 (a) of the CMPA (D.C. Official Code
§ 1-609.03 (a)) (2002 Supp.), policy positions shall consist
of the following:
(a) Positions on the staff of the Mayor and paid from funds
appropriated for the Office of the Mayor;
(b) Not more than two hundred twenty (220) positions in subordinate
agencies as designated by the Mayor, sixty (60) of which may be
allotted to and designated by the Office of the Inspector General
and, in a control year, up to twenty (20) shall be allocated to
and designated by the Office of the Chief Financial Officer;
(c) Positions occupied by all employees of the Council of the
District of Columbia, except those permanent technical and clerical
employees appointed by the Secretary or General Counsel;
(d) The District of Columbia Auditor may designate four (4) positions;
(e) Not more than twenty-five (25) positions selected by the
D.C. Board of Education;
(f) Positions occupied by persons appointed by the Board of
Trustees of the University of the District of Columbia as officers
of the University, those who report directly to the President,
those who head major units of the University, academic administrators,
and persons in a confidential relationship to any of the foregoing,
exclusive of those appointed under § 801 (a) of the CMPA
(D.C. Official Code § 1-608.01 (a)) (2001);
(g) Not more than ten (10) positions selected by the District
of Columbia Health and Hospitals Public Benefit Corporation;
(h) Not more than six (6) persons appointed by the District of
Columbia Lottery and Charitable Games Control Board who report
directly to either the Executive Director or Deputy Director,
or who head major units of the Board;
(i) The Chief of Police may designate up to one percent (1%)
of the total number of authorized positions within the Metropolitan
Police Department, no more than ten (10) of which may be filled
by sworn members or officers;
(j) Notwithstanding any other law or regulation, the Chief of
the Fire and Emergency Medical Services may designate up to eleven
(11) positions, no more than four (4) of which may be filled by
sworn members;
(k) All employees of the Criminal Justice Coordinating Council;
(l) The Advisory Commission on Sentencing may appoint six (6)
persons; and
(m) Not more than two (2) positions selected by each other personnel
authority.
904.7 A statutory or policy position described in § 904.1
or § 904.6 and occupied by a person holding an appointment
to an attorney position shall be treated solely as a statutory or
policy position, as the case may be.
905 Method of Making Excepted Service Appointments
905.1 A person may be appointed to any position in the Excepted
Service by the appropriate personnel authority non-competitively,
so long as the individual appointed meets the qualification standards
established for the position.
905.2 An appointment to a statutory position shall be made as specified
in the law authorizing the position.
905.3 An appointment to a special category position under a federal
grant-funded program shall be either for an indefinite period or
a time-limited appointment, reflecting the duration of the grant.
905.4 An appointment to a policy position shall be subject to the
following provisions:
(a) Each person holding an appointment to a policy position should
be an individual whose duties include policy determination or
are of a confidential or policy advocacy character;
(b) Each personnel authority authorized to make appointments
to policy positions shall ensure that the position to which the
appointment is to be made, together with the position qualifications,
standards, and salary range, is published in the D.C. Register;
(c) The position shall become a position in the Excepted Service
automatically upon being filled by a policy appointment, and shall
remain an Excepted Service position only for so long as filled
by a policy appointment; if a Career or Educational Service employee
holds a position converted to an Excepted Service position, and
the employee is not afforded or does not accept a policy appointment
to that position, the employee shall have all rights and remedies
available under Chapter 24 of these regulations;
(d) An appointment to a policy position may be either for an
indefinite or time-limited period;
(e) Each personnel authority, within forty-five (45) days of
filling any such designated position by a policy appointment,
shall publish in the D.C. Register the name of the person accepting
the policy appointment, and the position to which appointed; and
(f) The authority to make policy appointments may be delegated
or redelegated in whole or in part.
906 Excepted Service Appointment of Persons from Career
or Educational Service
906.1 Any person holding a position in the Career or Educational
Service may be detailed, temporarily promoted, temporarily transferred,
or temporarily reassigned to a position that would otherwise be
in the Excepted Service without losing his or her existing status
in the Career or Educational Service.
906.2 To effect an appointment to a position in the Excepted Service
without a break in service, a person holding a position in the Career
or Educational Service must have been informed of the conditions
of employment under the new appointment.
906.3 Any person tendered an appointment to a position in the Excepted
Service who declines or refuses to accept such appointment shall
continue to be subject to the rules applicable to the service in
which he or she has existing status as provided in § 906.1.
907 Employee Rights
907.1 A person appointed to a position in the Excepted Service
shall not acquire permanent Career status.
907.2 A person appointed to the Excepted Service shall serve at
the pleasure of the appointing personnel authority, and may be terminated
at any time, with or without a stated reason, except as provided
in this section.
907.3 A person holding an appointment in a statutory position,
who is appointed pursuant to a statute that provides for a term
of years subject only to removal for cause, may be removed only
as provided for in the applicable statute.
907.4 Except as provided in § 907.3, a person holding an appointment
in the Excepted Service shall be entitled to advance written notice
of at least fifteen (15) days when termination is contemplated.
The notice may explain the reason for the termination.
907.5 The fifteen-day (15-day) notice shall not be required for
termination on the date previously anticipated for termination,
such as in the case of an employee with a not-to-exceed (NTE) date
or other date of anticipated termination included on the appointing
personnel action form.
907.6 Any person holding an appointment in the Excepted Service
to a policy position, whose position ceases to be authorized as
a policy position by reason of a notice published in the D.C. Register
in accordance with § 905.4, shall be terminated not later than
thirty (30) days from the date of the published notice, except that
the minimum advance written notice provision of § 907.4 shall
apply if applicable.
908 Restrictions on Subsequent Appointment to the Career,
Management Supervisory, or Educational Services
908.1 Except as provided in § 908.2, no person holding an
Excepted Service appointment pursuant to § 904.1 or §
904.6 may be appointed to a position in the Career, Management Supervisory,
or Educational Service during the six-month (6-month) period immediately
preceding a Mayoral election.
908.2 Upon termination, a person holding an Excepted Service appointment
pursuant to § 904.1 or 904.6 who has Career or Educational
Service status may retreat, at the discretion of the terminating
personnel authority, within three (3) months of the effective date
of the termination, to a vacant position in such service for which
he or she is qualified.
908.3 The provisions of §§ 908.1 and 908.2 shall not
apply to employees of the Council of the District of Columbia.
909 Residency Requirements
909.1 The residency requirements imposed by law and Chapter 3 of
these regulations shall apply to all persons appointed to positions
in the Excepted Service.
910 Dual Compensation and Annuity Off-Set
910.1 A person holding an appointment in the Excepted Service shall
be subject to the dual compensation and annuity off-set requirements
of law and regulations.
911 Pre-Employment Travel, Relocation, and Temporary Housing
Allowance
911.1 An agency may pay to an individual reasonable travel expenses,
up to a maximum of five thousand dollars ($5000), incurred incidental
to pre-employment interviews held for the purpose of ascertaining
his or her qualifications for a hard-to-fill policy (§ 903
(a) of the CMPA; D.C. Official Code § 1-609.03 (a)) (2002 Supp.)
position in the Excepted Service at grade level DS-11 or above.
911.2 An agency may pay reasonable relocation expenses for an individual
and his or her immediate family when that individual is selected
for or appointed to a hard-to-fill policy (§ 903 (a) of the
CMPA; D.C. Official Code § 1-609.03 (a)) (2002 Supp.) position
in the Excepted Service at grade level DS-11 or above, if relocation
is to the District of Columbia from outside the Greater Washington
Metropolitan Area.
911.3 In the case of an individual eligible for relocation expenses
pursuant to § 911.2, an agency may pay reasonable temporary
housing allowance for a period not to exceed sixty (60) days for
the individual and his or her immediate family.
911.4 The personnel authority may designate a position as a hard-to-fill
position on the basis of demonstrated recruitment and retention
problems inherent in the position due to the uniqueness of the duties
and responsibilities and the unusual combination of highly specialized
qualification requirements for the position.
911.5 Payment of expenses under § 911.2 and § 911.3 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 which are acceptable to the agency head concerned.
911.6 Any expense incurred for which reimbursement is sought pursuant
to this section must be supported by valid receipts or invoices,
the originals of which must be submitted with the request for reimbursement.
911.7 If an individual violates an agreement under § 911.5,
the money paid by the District government for expenses shall be
a debt due 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, and by other lawful
collections actions.
912 Performance Incentives for Excepted Service
912.1 A personnel authority may authorize performance incentives
for exceptional service by an employee in an Excepted Service policy
position under § 903 (a) of the CMPA (D.C. Official Code §
1-609.03 (a)) (2002 Supp.).
912.2 A performance incentive may be paid only once in any fifty-two-week
(52-week) period and only when the employee is subject to an annual
performance contract that clearly identifies measurable goals and
outcomes and the employee has exceeded contractual expectations
in the year for which the incentive is to be paid.
912.3 When there is no annual performance contract as described
in § 912.2, the employee’s annual individual performance
plan pursuant to Chapter 14 of these regulations shall be considered
the annual performance contract for the purpose of authorizing a
performance incentive.
912.4 A performance incentive shall not be paid unless the employee
has served in the position for which the incentive is proposed for
a continuous fifty-two week (52-week) period prior to the granting
of the performance incentive.
912.5 A performance incentive shall not exceed ten percent (10%)
of the employee’s rate of basic pay. For the purposes of determining
the percentage of a performance incentive, the amount of the incentive
shall be calculated based on the employee’s scheduled rate
of basic pay during the performance rating period in which the exceptional
service occurred, pursuant to Chapter 19 of these regulations. The
percentage scale provided in Chapter 19, and the documentation required
therein, shall also apply to performance incentives pursuant to
this section.
912.6 Excepted Service employees are eligible for incentive awards
pursuant to Chapter 19 of these regulations, except for monetary
awards.
912.7 Performance incentives shall be submitted, processed and
approved in accordance with Chapter 19 of these regulations.
912.8 A performance incentive awarded under this section shall
not be considered base pay for any purpose, and shall be subject
to the withholdings of federal, District of Columbia, and State
income taxes, and social security taxes, if applicable.
913 Separation Pay
913.1 Subject to the provisions of this section, the personnel
authority shall authorize an individual appointed to a policy (§
903 (a) of the CMPA; D.C. Official Code § 1-609.03 (a)) (2002
Supp.) position or a statutory (§ 908 of the CMPA; D.C. Official
Code § 1-609.08) (2001) position to be paid separation pay
at his or her rate of basic pay upon separation for non-disciplinary
reasons, as follows:
(a) An individual at grade level DS-15 (or equivalent) or above
shall be paid separation pay in increments of weeks up to a maximum
of eight (8) weeks, unless the personnel authority specifies that
separation pay of up to twelve (12) weeks is warranted; and
(b) An individual at grade level DS-14 (or equivalent) or below
shall be paid separation pay in increments of weeks up to a maximum
of four (4) weeks, unless the personnel authority specifies that
separation pay of up to twelve (12) weeks is warranted.
913.2 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.
913.3 Separation pay shall be provided at the time of separation
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.
913.4 Separation pay shall not be payable to any individual who
either:
(a) Has accepted 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 CMPA (D.C.
Official Code § 1-626.05) (2001).
913.5 An individual who receives separation pay pursuant to this
section, but 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 required deductions, and shall be paid to the
General Fund of the District of Columbia.
913.6 Separation pay for any individual covered by this section
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.
914 Performance Management for Excepted Service
914.1 Employees in the Excepted Service shall be subject to the
provisions of Chapter 14 of these regulations.
915 Certificate of Good Standing Filing Requirement
915.1 The provisions of this section shall be applicable to each
attorney at the level of DS-13 or above or equivalent who is required
to be a member of the D.C. Bar as a prerequisite of employment,
and who is employed by:
(a) The Office of the Chief Financial Officer;
(b) Any agency, independent or subordinate, and whose duties,
in whole or substantial part, consist
(c) Any executive independent agency excluded from the Legal
Service, including the Housing Finance Agency, Pretrial Services
Agency, Public Defender Service, Water and Sewer Authority, and
Housing Authority.
915.2 Not later than December 15 of each year and as specified
in this section, each attorney as described in § 915.1 shall
file with the D.C. Office of Personnel a certificate of good standing
from the Committee on Admissions, D.C. Court of Appeals.
915.3 The certificate of good standing submitted every year pursuant
to § 915.2 shall be dated not earlier than October 1 and not
later than December 15 of the year of submission.
915.4 Each agency or independent personnel authority that employs
attorneys subject to the filing requirement shall be responsible
for:
(a) Notifying each agency attorney of the filing requirement
every year; and
(b) Submitting a list of agency attorneys subject to the filing
requirement to the Director of Personnel every year, not later
than the December 15 deadline.
915.5 Notwithstanding the procedures in § 915.2, each agency
or independent personnel authority may elect to submit every year
to the Committee on Admissions, D.C. Court of Appeals, a consolidated
listing requesting certificates of good standing for each agency
attorney subject to the filing requirement, and file the original
individual certificates with the D.C. Office of Personnel on behalf
of each attorney.
915.6 An agency or independent personnel authority that elects
to submit a consolidated listing as specified in § 915.5 shall
establish internal procedures for the compilation of the consolidated
listing and every year inform each attorney subject to the filing
requirement of the internal procedures. Any consolidated listing
submitted to the Committee on Admissions, D.C. Court of Appeals
shall include, at a minimum, the following:
(a) The attorney’s name and bar number and, if necessary,
some other identifier such as the attorney’s date of admission
to the D.C. Bar;
(b) A request that an individual certificate be prepared for
each attorney in good standing from the names submitted in the
consolidated listing; and
(c) A request that the Committee on Admissions, D.C. Court of
Appeals, specify which attorneys, from the names submitted in
the consolidated listing, are not in good standing.
915.7 Any consolidated listing prepared pursuant to § 915.5
shall be submitted to the Committee on Admissions, D.C. Court of
Appeals, as soon after October 1 of each year as practicable, but
not later than November 15 of each year.
915.8 Nothing in this section shall prevent an attorney subject
to the certificate of good standing filing requirement from individually
applying for the certificate from the Committee on Admissions, D.C.
Court of Appeals, and filing the certificate directly with the D.C.
Office of Personnel by December 15 of each year.
915.9 Each agency head or independent personnel authority that
elects to submit a consolidated listing to the Committee on Admissions,
D.C. Court of Appeals pursuant to § 915.5 shall provide every
year to the Director of Personnel:
(a) Each original individual certificate of good standing received;
(b) The name of each attorney who is not in good standing; and
(c) A copy of the consolidated listing submitted to the Committee
on Admissions, D.C. Court of Appeals.
915.10 Upon receipt of the original individual certificate of good
standing from each attorney, or agency or independent personnel
authority on his or her behalf, the Director of Personnel or his
or her designee shall file the original individual certificates
of good standing in a place designated for that purpose.
915.11 Notwithstanding any other provision in this section, the
Director of Personnel may establish internal procedures to identify
every year each attorney as described in § 915.1 who is subject
to the filing requirement and subsequently identify any attorney
who did not comply with the filing requirement.
915.12 Failure of any attorney as described in § 915.1, either
individually, or through his or her employing agency or independent
personnel authority, to file the certificate of good standing with
the D.C. Office of Personnel by December 15 of each year, or to
request and receive a temporary waiver of the filing requirement
as specified in this section, shall result in forfeiture of employment.
915.13 An attorney for whom compliance with the filing requirement
by December 15 is inordinately difficult due to circumstances beyond
his or her control or other good cause may request, in writing,
a temporary waiver of the filing requirement.
915.14 Any request for a temporary waiver of the filing requirement
shall be submitted by the attorney to the personnel authority not
later than December 1. The request shall include:
(a) The approximate date by which the attorney believes he or
she may be able to obtain the certificate of good standing; and
(b) Any appropriate or required supporting material or documentation
to substantiate the request.
915.15 The personnel authority shall immediately consider every
request for a temporary waiver of the filing requirement, determine
which requests shall be denied, inform the attorney of the denial
in writing, and submit to the Director of Personnel any request
for which approval is recommended.
915.16 The Director of Personnel or his or her designee shall promptly
determine whether to grant the request for a temporary waiver of
the filing requirement and notify the attorney in writing. A written
notification granting a temporary waiver of the filing requirement
shall include the extended date by which the attorney shall file
the certificate of good standing with the D.C. Office of Personnel.
915.17 Each agency or independent personnel authority shall provide
a written notice of the intent to terminate employment to any agency
attorney who is not in compliance with the filing requirement. The
notice shall inform the attorney:
(a) That he or she has thirty (30) days from the receipt of the
notice to attempt to file the certificate of good standing with
the D.C. Office of Personnel;
(b) That he or she shall be terminated at the end of the prescribed
thirty-day (30-day) period if unable to file the certificate of
good standing with the D.C. Office of Personnel within the prescribed
period; and
(c) The effective date of termination in the event that he or
she is unable to file the certificate of good standing with the
D.C. Office of Personnel within the prescribed period.
915.18 Each attorney shall be notified by the personnel authority
at the time of hire, in writing, of the certificate of good standing
filing requirement and that failure to comply with the requirement
by December 15 of each year following the year of employment with
the District government shall result in forfeiture of employment.
915.19 Not later than March 1 of each year after the December 15
filing deadline for the preceding year, the Director of Personnel
shall publish in the D.C. Register the list of attorneys who have
not met the filing requirement.
999 Definitions
999.1 In 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.
Attorney – a position that is classified
as part of Series 905, except for a position that is in the Legal
Service.
Consultant – a person who serves as an advisor
to an officer or instrumentality of the District government, as
distinguished from an officer or employee who carries out the agency's
duties and responsibilities. A consultant gives views or opinions
on problems or questions presented by the agency, but neither performs
nor supervises performance of operating functions. The person is
an expert in the field in which he or she advises, but need not
be a specialist. A person’s expertness may consist of a high
order of broad administrative, professional, or technical experience
indicating that his or her ability and knowledge make his or her
advice distinctively valuable to the agency.
Consultant position – a position requiring
the performance of purely advisory or consultant services, not including
performance of operating functions.
Days – calendar days, unless otherwise specified.
Excepted Service – positions identified
as being statutory, transitional, public employment, special category,
training, or policy positions, and authorized by §§ 901
through 908 of the CMPA (D.C. Official Code § 1-609.01 through
1-609.08) (2001). These positions are not in the Career, Educational,
Management Supervisory, Legal or Executive Service. .
Expert – an expert may be a person who performs
or supervises regular duties and operating functions and shall include
the following:
(a) A person with excellent qualifications and a high degree
of attainment in a professional, scientific, technical, or other
field; and
(b) Certain members of boards or commissions.
Expert position – (a) a position that, for
satisfactory performance, requires the services of an expert in
the particular field, as defined above, and with duties that cannot
be performed satisfactorily by someone not an expert in that field;
or (b) a position that is occupied by members of certain boards
and commissions.
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.
Hard-to-fill position – a position designated
as a hard-to-fill position pursuant to § 911.4 on the basis
of demonstrated recruitment and retention problems inherent in the
position due to the uniqueness of the duties and responsibilities
and the unusual combination of highly specialized qualification
requirements for the position.
Performance contract – an agreement between
an employee in an Excepted Service policy position under §
903 (a) of the CMPA (D.C. Official Code § 1-609.03 (a)) (2002
Supp.) and the personnel authority that may be entered into and
that clearly identifies measurable goals and outcomes.
Personnel authority – those personnel authorities
listed in § 406 (b) of the CMPA (D.C. Official Code §
1-604.06 (b)) (2001).
Pre-employment travel expenses – expenses
allowed for an individual pursuant to § 911.1, 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 §
911.2, 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.
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 § 911.3.
Time-limited appointment – an appointment
with a specific time limitation consistent with the anticipated
duration of the programs, projects, problems, or phases thereof,
requiring such service.
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