Management Supervisory Service

Contents

3800 Applicability

3800.1 This chapter applies to all appointments to the Management Supervisory 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 § 1-609.51 et seq.) (2001).

3800.2 The Management Supervisory Service is established within the District government to ensure that each agency has the highest quality of managers and supervisors who are responsive to the needs of the government.

3800.3 The Management Supervisory Service consists of all employees who meet the definition of “management employee” pursuant to § 1411 (5) of the CMPA (D.C. Official Code § 1-614.11 (5)) (2001), that is, employees whose functions include responsibility for project management and supervision of staff and the achievement of the project’s overall goals and objectives.

3800.4 The following employees are excluded from the Management Supervisory Service:

(a) Employees appointed to the Career Service under the authority of § 801 of the CMPA (D.C. Official Code § 1-608.01) (2001);

(b) Employees appointed to the Educational Service under the authority of § 801-A of the CMPA (D.C. Official Code § 1-608.01a) (2001);

(c) Employees appointed to the Legal Service under the authority of § 851 of the CMPA (D.C. Official Code § 1-608.51 et seq.) (2001);

(d) Employees appointed to the Excepted Service under the authority of §§ 901 through 908 of the CMPA (D.C. Official Code §§ 1-609.01 through 1-609.08) (2001);

(e) Employees appointed to the Executive Service under the authority of § 1051 of the CMPA (D.C. Official Code § 1-610.51) (2001);

(f) Employees of the Board of Education;

(g) Employees of the Board of Trustees of the University of the District of Columbia;

(h) Uniformed members of the Metropolitan Police Department and the Fire and Emergency Medical Services Department;

(i) Employees occupying positions included in recognized collective bargaining units; and

(j) Employees with acting supervisory or managerial responsibilities only in the absence of the regular supervisor or manager.

3800.5 Positions that have some supervisory duties and responsibilities but less than those described in the appropriate classification guide shall be excluded from the Management Supervisory Service.

3800.6 Persons appointed to the Management Supervisory Service are not in the Career, Educational, Legal, Excepted, or Executive Service.

3801 Compensation System and Pay Schedules

3801.1 Until such time as the Mayor adopts a new compensation system, the compensation system that was in effect on December 31, 1979 is the system applicable to the compensation for positions in the Management Supervisory Service.

3801.2 Individuals appointed to the Management Supervisory Service shall be paid from the appropriate Management Supervisory Service Pay Schedule.

3801.3 The rates of pay on the Management Supervisory Service Pay Schedules shall not be used to set pay upon subsequent appointment to a position in the Career Service.

3802 Incumbent Classification System

3802.1 Until such time as the Mayor adopts a new classification system, the classification system that was in effect on December 31, 1979 is the system applicable to the classification of positions in the Management Supervisory Service.

3803 Method of Making Management Supervisory Service Appointments

3803.1 Except as specifically limited in this chapter, all initial appointments and subsequent assignments and promotions to the Management Supervisory Service shall be by open competition, involving positive recruitment and examining procedures designed to achieve maximum objectivity, reliability, and validity. All such initial appointments and subsequent assignments and promotions shall be made on the basis of merit by selection from the highest qualified available eligibles based on specific job requirements with appropriate regard for affirmative action goals as provided by law and as determined under this chapter.

3803.2 An appointment to the Management Supervisory Service may be for an indefinite period, or a time-limited appointment.

3803.3 As an appointment to the Management Supervisory Service is an at-will appointment, a date specifying the duration of a time-limited appointment shall not prevent termination of the employee occupying such a position prior to the date specified; provided that the termination is effected pursuant to § 3819.

3804 Superior Qualifications Appointment

3804.1 As provided in Chapter 11 of the District Personnel Manual, superior qualifications appointments may be made at such step of the appropriate grade as the personnel authority may authorize for this purpose.

3804.2 Superior qualifications appointments shall only apply to initial appointments with the District government.

3805 Prohibited Personnel Practices

3805.1 No person shall interfere in the competitive process by influencing another person to withdraw from competition for any position in the Management Supervisory Service for the purpose of either improving or injuring the prospects of any applicant for appointment or selection.

3805.2 In accordance with the D.C. Human Rights Act of 1977, effective December 13, 1977 (D.C. Official Code § 2-1401.01 et seq.) (2001) (Act), no person who has authority to take or recommend any personnel action with regard to the Management Supervisory Service shall discriminate against applicants or employees in any aspect of employment on the basis of race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, familial status, family responsibilities, matriculation, political affiliation, disability, source of income, or place of residence or business. Sexual harassment is a form of sex discrimination also prohibited by the Act.

3805.3 No public official may appoint, employ, promote, advance, or advocate for appointment, employment, or promotion, an individual who is a relative of the public official, in or to a position in the agency in which he or she is serving or over which he or she exercises jurisdiction or control.

3805.4 A personnel authority may not appoint, employ, promote, or advance an individual in or to a position in an agency if such appointment, employment, promotion, or advancement has been advocated by a public official who is serving in or exercising jurisdiction or control over the agency and is a relative of the individual.

3805.5 A public official who appoints, employs, promotes, advances, or advocates such appointment, employment, promotion, or advancement of any individual in violation of § 3805.3 shall be required to reimburse the District for any funds improperly paid to the individual.

3806 Qualification Standards and General Requirements for Selection Procedures

3806.1 A person selected to a position in the Management Supervisory Service shall meet the minimum qualification standards for the position for which selected.

3806.2 The Director of Personnel shall establish standards with respect to education, training, experience, suitability, or other requirements used to evaluate applicants and employees for placement in the Management Supervisory Service, consistent with all applicable laws and regulations.

3806.3 The Director of Personnel may adopt new qualification standards under § 3806.2. Until such adoption, the federal qualification standards series of handbooks and applicable supplementary publications shall remain applicable.

3806.4 Whenever the practice of certain occupations and professions is subject to licensure requirements (as established by District, State, or federal law), the possession of a license shall constitute a qualification requirement.

3806.5 As applicable, each personnel authority shall establish employee selection procedures for the Management Supervisory Service. Such procedures shall be consistent with the standards established by these regulations and applicable law, including § 953 of the CMPA (D.C. Official Code § 1-609.53) (2001), and federal issuances pursuant to Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C. § 2000e et seq.), and professionally developed standards for examination and selection.

3806.6 The applicant evaluation and qualification standards, and the employee selection procedures for the Management Supervisory Service developed by the personnel authority as required by §§ 3806.2 through 3806.5 shall be incorporated in their entirety, or by reference, in the District Personnel Manual (or any other procedural manual developed). An independent personnel authority with Management Supervisory Service employees may adopt the provisions of the District Personnel Manual (or any other procedural manual developed) applicable to the Management Supervisory Service or incorporate them in a personnel manual developed by the independent personnel authority.

3806.7 All personnel actions appointing employees to the Management Supervisory Service, or affecting employees within the Management Supervisory Service, shall comply with the standards and selection procedures established by the personnel authority, and applicable rules as set forth in these regulations.

3806.8 When the personnel authority finds that an agency has not complied with competitive principles of this chapter, either in an individual case or on a program basis, the personnel authority shall require the agency to rectify the error or omission.

3806.9 All competitive placements shall be made in accordance with the general principles in this section and the specific requirements of applicable sections of this chapter. These principles and requirements shall also govern noncompetitive placements, to the maximum extent practicable.

3806.10 Selection procedures for competitive placement shall do the following:

(a) Be practical in character and fairly test the relative ability and fitness of candidates for jobs to be filled;

(b) Result in selection from among the best qualified candidates;

(c) Be developed and used without discrimination; and

(d) Comply with other requirements of applicable equal employment opportunity and affirmative action laws and regulations.

3806.11 Selection procedures for the Management Supervisory Service shall be based on a job analysis (which may cover a single position or group of positions, or an occupation or a group of occupations having common characteristics) to identify and evaluate the factors that are important in evaluating candidates, and the following:

(a) The basic duties and responsibilities; or

(b) The tasks or the knowledge, skills, and abilities required to perform the duties and carry out the responsibilities.

3806.12 A minimum educational requirement shall not be established except as authorized under §§ 3806.2 through 3806.4.

3806.13 The personnel authority may require an applicant to provide documentary evidence of his or her qualifications for an appointment in the Management Supervisory Service.

3807 Competitive Placement

3807.1 Except as provided in this chapter, competitive procedures shall apply to all initial appointments to the Management Supervisory Service, and to subsequent assignments and placements to positions in that service, including the following:

(a) Promotions;

(b) Temporary promotions under § 3814 exceeding one hundred twenty (120) days;

(c) Selection for details for more than two hundred forty (240) days to a position at a higher grade or to a position at the same grade level with known promotion potential; and

(d) Selection for a position, including by reassignment or demotion, with more promotion potential than the last grade held under a Management Supervisory Service competitive appointment.

3808 Noncompetitive Placement

3808.1 Competitive procedures shall not apply to the following actions within the Management Supervisory Service:

(a) The following types of Management Supervisory Service promotions:

(1) A promotion resulting from the upgrading of a position without significant change in the duties and responsibilities due to issuance of a new classification standard or the correction of an initial classification error;

(2) A promotion resulting from an employee’s position being reclassified at a higher grade because of accretion of additional duties and responsibilities without planned management action; or

(3) A career ladder promotion if the original competition for the position clearly established the career ladder;

(4) A temporary promotion under this chapter for a period of one hundred twenty (120) days or less.

(b) Indefinite reassignment or transfer to a position of the same grade with no known promotion potential;

(c) A temporary reassignment for a period of one hundred twenty (120) days or less;

(d) A reassignment or demotion pursuant to §§ 3812.4 through 3812.6;

(e) Consideration of a candidate not given proper consideration in a competitive promotion action; or promotion of an employee who was denied promotion as a result of other error, on order of the D.C. Office of Personnel or independent personnel authority; and

(f) Detail of two hundred forty (240) days or less to a position at a higher grade or to a position with known promotion potential.

3809 Examining System, Establishment and Termination of Registers

3809.1 Competitive selection procedures shall consist of assembled examining procedures, which may include written, oral, or performance examinations, or a combination thereof; or unassembled examining procedures which may include establishment of rating and ranking plans or selection panels, or both.

3809.2 Each competitive selection shall be as a result of a vacancy announcement, available to the public for not less than five (5) workdays, and appropriate recruitment activities.

3809.3 The personnel authority shall prescribe the absolute and relative weights to be assigned the individual components of the examination, and, where numerical weights are used, shall assign final ratings on a scale with a maximum value of one hundred (100). In these circumstances, candidates who do not receive at least a rating of seventy (70) shall be rated as “ineligible.”

3809.4 Where numerical ratings are not used, and the results of the examination are to be used only to distinguish those who successfully completed the examination from those who did not, candidates may be rated as “eligible” or “ineligible.”

3809.5 When categorical rankings are used, candidates may be rated as “Highly Qualified,” “Well Qualified,” “Qualified,” or “Ineligible.”

3809.6 Each applicant who meets the minimum requirements for entrance to an examination and is rated seventy (70) or more (when numerical ratings are used), or at least “qualified” (when categorical rankings are used), or “eligible” (when pass-fail ratings are used) in the examination is eligible for consideration for appointment.

3809.7 The personnel authority shall add five (5) points to the earned numerical rating of each applicant claiming or entitled to residency preference, as appropriate, under Chapter 3 of these regulations.

3809.8 All job-related experience, regardless of whether pay was received shall be creditable.

3809.9 The name of each applicant determined to be eligible for the position to be filled, subject to any subsequent suitability determination, shall be listed on a register in accordance with §§ 3809.3 through 3809.7.

3809.10 Unless otherwise required by an affirmative action plan established in accordance with applicable legal requirements or by law or court order, applicants shall be certified from the register in order of their relative standing on the register, except that applicants who claimed or are entitled to a residency preference pursuant to Chapter 3 of these regulations shall be listed before non-preference candidates as specified in that chapter, and shall be properly identified on the selection certificate as having claimed or being entitled to a residency preference.

3809.11 A maximum of ten (10) eligibles shall be certified for each vacancy, and the determination of the number of persons certified shall be based on an evaluation of the internal statistical characteristics of each selection procedure involved, the quantity and quality of competitors, residency preference considerations, equal employment opportunity considerations, and any other appropriate factors; however, more than the maximum of ten (10) may be submitted if an agency provides written justification to the personnel authority.

3809.12 Selecting officials may select candidates for appointment from among those listed, provided that a non-preference candidate shall not be selected when there is a residency preference candidate on the selection certificate, or return the certificate to the personnel authority without selection.

3809.13 The Director of Personnel or independent personnel authority shall publish instructions and procedures in the District Personnel Manual (or any other procedural manual developed) to set forth the basic rating and ranking plan requirements, and all other requirements of the examination process.

3810 Suitability

3810.1 This section applies to all Management Supervisory Service positions and appointments thereto, except as specified elsewhere in this section.

3810.2 Each personnel authority shall designate a person to administer the oath of office to each 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.”

3810.3 Each personnel authority shall determine, as part of the suitability investigation, whether an individual being considered for appointment is or has been involved in any activities that constitute a reasonable basis for concluding that the person would not faithfully discharge the duties of the position for which he or she is being considered.

3810.4 For the purposes of this chapter, no person shall be considered suitable for employment in the District government who advocates the overthrow of the governments of the United States, the District of Columbia, or both by unconstitutional means.

3810.5 Each personnel authority shall conduct pre-employment inquiries as follows:

(a) Every appointment to a position in the Management Supervisory Service shall be subject to completion of at least three (3) personal references checks to ascertain character, reputation, whether the reference would recommend the selectee or appointee for the position for which the individual is being considered, relevant personal habits, and other relevant personal qualities;

(b) Prior employment checks for the purpose of verifying:

(1) Dates of employment;

(2) Salary or other compensation received;

(3) Titles held and nature of duties performed;

(4) Reasons for leaving employment; and

(5) If the person providing the information would rehire the selectee or appointee;

(c) If required pursuant to § 3806.4, the possession of a license shall be verified;

(d) If required as a job-related qualification standard such as is the case in the professional engineering field, the possession of a college degree from an accredited school and in the appropriate professional field shall be verified, including semester hours or other measures of credit completed, periods of attendance, type of degree and date conferred;

(e) If considered necessary by the personnel authority, and in addition to the pre-employment inquiries required under §§ 3810.5(a) through 3810.5(d), miscellaneous checks such as professional standing and other inquiries may also be conducted;

(f) The minimum number of checks referred to in § 3810.5(b) shall be determined by the personnel authority as practicable, on a case by case basis, and the checks made with the former employers of the selectee or appointee (and, as appropriate, the current employer), except that personal references may be utilized instead of or in addition to checks with former employers as deemed necessary by the personnel authority.

3810.6 Each personnel authority shall determine which Management Supervisory Service positions, in addition to being subject to § 3810.5, are subject to background investigation, including mandatory criminal background checks pursuant to law or regulation and, in advertising a vacancy for such a position, shall include a statement to that effect on the vacancy announcement. The personnel authority shall publish in its personnel manual positions subject to background investigation.

3810.7 A background investigation pursuant to § 3810.6 shall be conducted in accordance with the following:

(a) Before conducting a background investigation, a personnel authority shall determine the degree of sensitivity of the position being filled in order to determine the scope of the investigation. Based on that determination, the background investigation may cover, in addition to the requirements in § 3810.5(a) through 3810.5(e), the following:

(1) Additional personal references checks;

(2) Employment history for a specific number of past years;

(3) A criminal background check;

(4) Highest education completed or last attended beyond high school;

(5) A credit check;

(6) A traffic record check; or

(7) A newspaper/magazine/media search on the individual;

(b) In conducting a background investigation, a personnel authority shall attempt to verify any derogatory information by seeking it from more than one (1) source, asking former employers and other sources for permission to name them as the source and, as needed, obtaining a written release from the subject.

3810.8 Unless otherwise provided by law or regulation, in filling a position subject to background investigation, an investigation need not be conducted if the prior position the individual held was subject to one and the nature of the personnel action for the new appointment is one (1) of the following:

(a) Promotion;

(b) Demotion;

(c) Reassignment; and

(d) Appointment, or conversion to an appointment made by an agency of an employee of that agency who has been serving continuously with that agency for at least one (1) year in one (1) or more positions under an appointment subject to background investigation.

3810.9 A personnel authority may determine, on the basis of pre-employment inquiries under § 3810.5 or background investigations under § 3810.7, or both, that an individual is not suitable and may thereby deny him or her appointment, or instruct an agency to terminate the individual from District government service.

3810.10 Before taking action against a person for suitability disqualification, at the discretion of the personnel authority, the person may be given an opportunity to explain the derogatory information, within fifteen (15) days of being notified thereof, in order to avoid errors which might otherwise result from mistakes in identity, or where mitigating circumstances may exist which are unknown to the personnel authority;

3810.11 As appropriate, § 3810.10 shall be applied in the case of applicants, eligibles, and selectees or appointees, as well as to employees who have apparently violated the laws, rules, or regulations governing the Management Supervisory Service.

3810.12 The reasons which may be used in making a determination of disqualification due to unsuitability under § 3810.9 may include, but shall not be limited to the following:

(a) Delinquency or misconduct in prior employment;

(b) Criminal, dishonest, or other conduct of a nature that causes discredit to the District government;

(c) Intentional false statement of any material fact or deception or fraud in examination or appointment;

(d) Illegal use of drugs, or abuse of alcohol or other controlled substances; or

(e) Any other legal disqualification for appointment.

3810.13 In making its determination under § 3810.9, a personnel authority shall consider the following additional factors, to the extent that these factors are deemed pertinent to the individual case:

(a) The kind of position for which the person is being considered or in which the person is employed, including its sensitivity;

(b) The nature and seriousness of the conduct, occurrence or information;

(c) The circumstances surrounding the conduct or occurrence;

(d) The recency of the conduct or information;

(e) The age of the applicant or appointee at the time of the conduct or occurrence;

(f) Contributing social or environmental conditions; or

(g) Rehabilitation, or efforts toward rehabilitation.

3810.14 Unless otherwise provided pursuant to law or regulations, an appointment to a position identified under § 3810.6 shall be subject to background investigation for one (1) year from the date of appointment to continue the personnel authority’s jurisdiction to investigate the qualifications and suitability of the individual after appointment and to authorize the personnel authority to require termination when it finds that the individual is disqualified for District government employment.

3810.15 Unless otherwise provided pursuant to law or regulations, when a person is disqualified for any of the reasons listed in § 3810.12 or for other reasons not listed, a personnel authority, at its discretion, may continue to rely on that determination with regard to subsequent applications for appointment to the Management Supervisory Service, for a period of not more than three (3) years from the date of determination of disqualification, after which a new background investigation shall be required.

3810.16 On expiration of the three-year (3-year) period under § 3810.15, a new background investigation shall be conducted and a re-determination made before a person may be appointed to any position in the Management Supervisory Service.

3810.17 Records and files pursuant to this section shall be subject to the following:

(a) Disclosure of information related to suitability shall be maintained in strict confidence in accordance with this section and with Chapter 31 of these regulations;

(b) Sources of information shall not be disclosed except as specifically authorized in this chapter and in Chapter 31 of these regulations;

(c) When reports of pre-employment inquiries or background investigations are loaned to a personnel authority by an investigating agency, the restrictions which the investigating agency has placed on the content of the reports shall be observed by the personnel authority;

(d) Derogatory information shall be referred to in such a way as to protect a confidential source of information from disclosure when questioning employees about matters which relate to possible suitability disqualifications;

(e) Except as provided in this section or by Chapter 31 of these regulations, the sources of information contained in reports of investigations conducted by a personnel authority or designee shall not be disclosed to the person investigated, nor may the information be discussed with him or her in a manner which would reveal or permit him or her to deduce the source of the information;

(f) The restrictions contained in § 3810.17(e) shall not apply to the following:

(1) Information of public record; and

(2) Information from District personnel records which could be obtained on request by the employee under the provisions of Chapter 31 of these regulations; and

(g) Other sources of information in reports of investigation may be disclosed to the subject of the investigation only if the personnel authority obtains the information independently, such as by interviewing the subject, or by obtaining permission, in writing, from the sources named to use the information and to identify the source.

3811 Merit Promotion Requirements

3811.1 Except as specified in this chapter, all promotions to or within the Management Supervisory Service shall be by open competition. Promotions shall be based on merit.

3811.2 The personnel authority shall ensure that each employee within the area of consideration who is absent for legitimate reason, for example, on detail, leave, at training courses, in the military service, on disability compensation, or on temporary assignment under Chapter 27 of these regulations, receives appropriate consideration for promotion.

3811.3 To be eligible for promotion, a candidate shall meet minimum qualification standards adopted in accordance with § 3806.3.

3811.4 Due weight may be given to performance evaluations and incentive awards of a candidate.

3811.5 Selection procedures shall provide for an agency’s right to select or not select from among a group of best-qualified candidates.

3811.6 The area of consideration shall be sufficiently broad to ensure the availability of high quality candidates, taking into account the nature and level of positions covered.

3811.7 The minimum area of consideration shall be the agency, except that a smaller area may be authorized by the personnel authority in a situation that meets criteria established by the personnel authority.

3811.8 Administration of the promotion procedures shall include record keeping, the provision of necessary information to applicants and the public, and ensuring that each individual’s right to privacy is protected.

3811.9 Each personnel authority shall maintain a record of each promotion sufficient to allow reconstruction of the promotion action, including documentation of how each candidate was rated and ranked.

3811.10 All promotion records shall be retained as specified in the appropriate personnel retention schedules or other appropriate retention document.

3812 Placement by Reassignment or Demotion

3812.1 A personnel authority may fill a vacancy within the Management Supervisory Service by reassignment of a Management Supervisory Service employee to another position of the same grade, either competitively or non-competitively, as provided in this section.

3812.2 A temporary reassignment may be made for a period not to exceed one (1) year.

3812.3 A temporary reassignment exceeding one hundred twenty (120) days to a position with established promotion potential higher than the currently held position shall be effected competitively.

3812.4 An agency may reassign, or reduce the grade of, an employee who has been placed on a Performance Improvement Plan pursuant to Chapter 14 of these regulations and who, at the end of the Performance Improvement Plan, is found to have failed to meet the requirements of the Plan.

3812.5 Any reassignment or demotion pursuant to § 3812.4 shall be to a vacant Management Supervisory Service position for which the affected employee qualifies; provided that there is no diminution in the benefits of the employee, and the position has no greater promotion potential than the position previously held.

3812.6 When, as a result of attrition, reductions in force, reorganizations, or approved realignments within an agency, a Management Supervisory Service employee ceases to perform managerial or supervisory functions or duties, the personnel authority may abolish the Management Supervisory Service position, and reassign or demote the employee to a vacant Management Supervisory Service position for which he or she qualifies; provided that there is no reduction in the benefits of the employee, and the position has no greater promotion potential than the position previously held.

3812.7 Any reassignment or demotion pursuant to §§ 3812.4 through 3812.6 shall be effected non-competitively.

3812.8 An employee may voluntarily accept a reassignment or demotion pursuant to §§ 3812.4 through 3812.6, or be terminated as specified in § 3819.

3813 TAPER Appointment

3813.1 A personnel authority may fill a Management Supervisory Service vacancy in a continuing position, in the absence of lists of eligibles, by a Temporary Appointment Pending Establishment of a Register (TAPER appointment).

3813.2 A person appointed to a TAPER appointment shall meet the minimum qualifications standards for the position.

3813.3 A TAPER appointment shall be terminated as soon as lists of eligibles for Management Supervisory Service appointment can be established by open competition in accordance with this chapter; shall not exceed ninety (90) days; and may be extended for an additional period of ninety (90) days only upon determination that a list of eligibles cannot be created.

3813.4 A person appointed to a TAPER appointment may be converted to a Management Supervisory Service appointment non-competitively if the TAPER appointment was made as a result of open competition.

3814 Temporary Promotion

3814.1 A Management Supervisory Service employee may be temporarily promoted to a higher-grade Management Supervisory Service position without competition for any period of thirty (30) days or more and not exceeding one hundred twenty (120) days.

3814.2 Competitive procedures shall be used for a temporary promotion over one hundred twenty (120) days. In computing the days, prior service under all details to higher grade positions or temporary promotions shall be counted, whether competitive or noncompetitive, during the preceding twelve (12) months.

3814.3 A competitive temporary promotion shall be in accordance with the following:

(a) It shall be for a period of one (1) year or less; and

(b) It may be made for an indefinite period without further competition, provided that the original competition made known to all potential applicants the fact that it might lead to an indefinite promotion.

3814.4 A temporary promotion shall not be used for the purpose of training or evaluating an employee in a higher-grade position.

3814.5 A Career or Excepted Service employee may be temporarily promoted to a Management Supervisory Service position for which he or she qualifies, as specified in this section, except that a Career Service employee may be promoted to a Management Supervisory Service position without losing his or her existing status in the Career Service.

3815 Detail

3815.1 A Management Supervisory Service employee may be detailed to another Management Supervisory Service position to meet a temporary employment need for a period of not more than one hundred twenty (120) days to an established position or two hundred forty (240) days to an unestablished position; and, unless prohibited by this section, the detail may be extended by the personnel authority in increments of one hundred twenty (120) days.

3815.2 A detail to an established position as defined in Chapter 11 of these regulations may be made for up to one (1) year during a major reorganization.

3815.3 All details to established higher graded positions extending beyond two hundred forty (240) days shall be made by competition.

3815.4 No detail to a higher graded position or to an unestablished position as defined in Chapter 11 of these regulations shall extend beyond one (1) year, unless the personnel authority determines that highly unusual circumstances warrant an extension beyond one (1) year.

3815.5 The provisions of §§ 3815.2 through 3815.4 shall apply to a detail of a Career or Excepted Service employee to a position that would otherwise be in the Management Service and for which the employee qualifies, except that a Career Service employee may be detailed to a Management Supervisory Service position without losing his or her existing status in the Career Service.

3816 Mandatory Continuing Education and Training

3816.1 Each employee appointed to the Management Supervisory Service shall be required to maintain and enhance his or her management and supervisory skills and to attend requisite training courses every year as prescribed by the personnel authority.

3816.2 The Director of Personnel shall publish instructions and procedures in the District Personnel Manual (or any other procedural manual developed) to set forth the basic requirements for mandatory continuing education and training pursuant to this section.

3816.3 Failure of an employee to complete the prescribed training within time frames specified by the personnel authority may result in administrative action against the employee.

3817 Performance Management for Management Supervisory Service

3817.1 Employees in the Management Supervisory Service shall be subject to the provisions of Chapter 14 of these regulations.

3818 Residency Preference for Management Supervisory Service

3818.1 The residency preference provisions of § 801(e) (1), (2), (3), (5), (6), and (7) of the CMPA (D.C. Official Code § 1-608.01(e) (1), (2), (3), (5), (6), and (7)) (2001) and Chapter 3 of these regulations shall apply to employment in the Management Supervisory Service.

3819 Employee Rights

3819.1 An appointment to the Management Supervisory Service shall be an at-will appointment. A person appointed to a position in the Management Supervisory Service shall not acquire Career Service status, shall serve at the pleasure of the appointing personnel authority, and may be terminated at any time.

3819.2 An employee in the Management Supervisory Service shall be provided a 15-day notice prior to termination.

3819.3 Pursuant to § 954 of the CMPA (D.C. Official Code § 1-609.54 (b)) (2001), an employee in the Management Supervisory Service shall be entitled to severance pay upon termination for non-disciplinary reasons.

3819.4 A Management Supervisory Service employee who has been placed on a thirty (30) to ninety (90) day Performance Improvement Plan pursuant to Chapter 14 of these regulations and who, at the end of the Performance Improvement Plan is found to have failed to meet the requirements of the Plan, may be terminated as specified in § 3819.2.

3819.5 Placement of an employee on a Performance Improvement Plan shall not prevent termination of the employee prior to the end of the thirty (30) to ninety (90) day period of such plan, provided that the termination is for reasons not related to performance.

3819.6 Upon termination for non-disciplinary reasons, and at the discretion of the personnel authority, a person with Career or Educational Service status or with Excepted Service status due to appointment as an attorney in that Service, may retreat, within three (3) months of the effective date of the termination, to a vacant position within the agency to which he or she was promoted and for which he or she qualifies.

3819.7 A retreat pursuant to § 3819.6 shall be to a position in the Service in which the person acquired status.

3819.8 Terminations from the Management Supervisory Service shall not be subject to administrative appeal.

3899 Definitions

For the purposes of this chapter, the following terms have the meaning ascribed:

Agency – any unit of the District of Columbia government, excluding the courts, required by law, by the Mayor of the District of Columbia, or by the Council of the District of Columbia to administer any law, rule, or any regulation adopted under authority of law. The term “agency” shall also include any unit of the District of Columbia government created by the reorganization of one (1) or more of the units of an agency and any unit of the District of Columbia government created or organized by the Council of the District of Columbia as an agency, and shall include boards and commissions as described in § 301 (13) of the CMPA (D.C. Official Code § 1-603.01 (13)) (2003 Supp).

Area of consideration – the area in which the agency makes a search for eligible candidates and from which applications will be accepted in a specific competitive recruitment action.

Background investigation – thorough inquiry into the past and present conduct and behavior of an applicant to determine his or her suitability for appointment.

Days – calendar days, unless otherwise specified.

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 the position from which detailed 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.

Disqualification – a debarment, for suitability purposes, which precludes considering an applicant for employment or from taking an examination for employment or which results in separation from employment, as appropriate.

Eligibles – those qualified persons to be chosen for appointment on the basis of any of the following (subject to possible suitability determination):

(a) Having received a rating of seventy (70) or more under § 3809.3.

(b) Having successfully completed an examination under § 3809.4.

(c) Having being rated “Highly Qualified,” “Well Qualified,” or Qualified” under § 3809.5; or

(d) Having being rated “eligible” under § 3809.6.

Management Supervisory Service – all positions in the District of Columbia government as provided for in §§ 951 through 958 of the CMPA (D.C. Official Code § 1-609.51 et seq.) (2001).

Manager – an employee vested with the authority to direct the work of an organization, held accountable for the success of specific line or staff functions; responsible for supervision of staff, monitoring and evaluating the progress of an organization toward meeting goals, and making adjustments in objectives, work plans, schedules and commitment of resources. These positions shall serve as head or assistant head of a major organization, or direct a specialized project of marked difficulty, responsibility or community significance. Minimum area of consideration – the agency in which a vacancy for competitive recruitment occurs, or a portion thereof.

Open competition – the use of examination procedures that permit application and consideration of all persons without regard to current or former employment with the District government.

Personnel authority – an individual or entity with the authority to administer all or part of a personnel management program as provided in § 401 of the CMPA (D.C. Official Code § 1-604.01 et seq.) (2001).

Placement – term that includes the development and use of examinations that affect the measurement, ranking, and selection of individuals for initial appointment and subsequent assignment or promotion in the Management Supervisory Service.

Planned management action – an action wherein management has a recognized option or alternative to assign work between two (2) or more employees, and assigns the work to a particular employee.

Project – part of the mission, functions, programs, activities, laws, rules, and regulations which an agency is authorized and funded to administer or enforce. The focus of a project may be on providing products and services to the public, State and local government, private industry, etc. A project may be professional, scientific, technical, administrative or fiscal in nature. Typically, projects involve broad objectives such as protective services, law enforcement, public health, safety and well being of citizens, collection of revenue, regulation of trades, development and maintenance of information systems, delivery of benefits and services, etc. Included in this definition are specialized or staff projects that may be considerably narrower in scope, e.g., human resources, contracting and procurement, and budget and fiscal operations. Projects are usually of such magnitude that they must be carried out through a combination of line and staff functions.

Promotion – the change of an employee while continuously employed, from one grade to a higher grade under the Management Supervisory Service Schedule, or between pay systems. When an action involves a change between two (2) pay systems (i.e., from the District Service Schedule to the Management Supervisory Service Schedule), the action is a promotion if the representative rate of the grade to which changed is higher than the representative rate of the grade currently held by the employee.

Public official – an officer, an employee, or any other individual in whom authority by law, rule, or regulation is vested, or to whom the authority has been delegated, to select, appoint, employ, promote, reassign, demote, separate, or recommend individuals for any of these actions.

Qualified candidates – those who meet established qualification requirements for the position, including any selective factors.

Reassignment – the change of an employee while continuously employed, from a Management Supervisory Service position to another Management Supervisory Service position of the same grade and without a change to the rate of pay of the employee being reassigned.

Register – a list of eligible applicants compiled in order of relative standing for certification.

Relative – an individual who is related to the public official as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half-brother, or half-sister.

Selection certificate – list of eligible candidates from a register for appointment to a position submitted by a personnel authority to a public official.

Selective factors – knowledge, skills, or abilities essential for successful performance on the job, which represent an addition to the basic qualification standard for a position.

Sensitivity – the degree of public trust required of an incumbent of a position as determined by the personnel authority.

Suitability – the quality or state of being acceptable for District government employment with respect to the character, reputation, and fitness of the person under consideration.

Supervisor – incumbent of a position that accomplishes work through the direction of other employees and meets at least the minimum requirements for coverage under the appropriate supervisory grade evaluation guide.

TAPER appointment – a time-limited appointment pending the establishment of a register when there are insufficient candidates on a register appropriate for filling a Management Supervisory Service position and the public interest requires that the vacancy be filled before eligibles can be certified.

Temporary promotion – a promotion for a definite period of thirty (30) days or more, not to exceed one (1) year, which may be extended for up to one (1) additional year.

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 services.

Transfer – a change, without a break in service of a full workday of a Management Supervisory Service employee to another Management Supervisory Service position under a different personnel authority.