1100 DEFINITIONS AND APPLICABILITY

1100.1 When used in sections 1100 through 1111 of this chapter, the terms listed below shall have the meanings ascribed:

Act--The District of Columbia Government Comprehensive Merit Personnel Act of 1978 (D.C. Law 2-139).

Agency--Any unit of the District of Columbia Government required by law, by the Mayor of the District of Columbia, or by the Council of the District to administer any law, rule or regulation adopted under authority of law.  The term agency shall also include any unit of the District of Columbia Government created or organized by the Council of the District of Columbia as an agency.

Career Service--Includes all regular District Service positions in the District of Columbia Government except positions in the Excepted, Executive or Educational Services.

Class of Positions--All positions which are sufficiently similar as to--

(a) Kind or subject matter of work;

(b) Level of difficulty and responsibility; and

(c) The qualification requirements of the work; to warrant similar treatment in personnel and pay administration.

Deputy--An individual who shares the responsibility or serves as alter ego to the Director or principal assistant in managing the total organization.

Educational Employee--An employee of the District of Columbia Board of Education or of The Board of Trustees of the University of the District of Columbia, except persons employed in any of the following types of positions:

(a) Clerical, stenographic or secretarial positions;

(b) Custodial, building maintenance, building engineer, general maintenance or general engineering positions;

(c) Bus drivers and other drivers involved in the transportation of persons; equipment, materials or inventory;

(d) Cooks, dieticians and other positions involved in the direct planning, preparation, service and conditions of preparation and service of food;

(e) Technicians involved in the operation or maintenance of machinery, vehicles, equipment or the processing of materials and inventory; or

(f) Positions the major duties of which consist of the supervision of employees covered in paragraphs (a) through (e) of this definition, provided, however, that this paragraph shall not be deemed to include heads of academic units at the University of the District of Columbia.

Employee--An individual employed in or under an agency.

Executive Service--Includes all subordinate agency heads whom the Mayor is authorized to appoint under Title X of the Act.

Excepted Service--Includes those positions that are incumbered or intended to be incumbered through noncompetitive hiring procedures under Title IX of the Act.

Grade--Includes all classes of positions which, although different with respect to kind or subject matter of work, are sufficiently equivalent as to:  (a) level of difficulty and responsibility; and (b) level of qualification requirements of the work to warrant their inclusion within one range of rates of basic pay in the District of Columbia Government.

Head--The highest ranking executive official of an agency.

Manager--Generally, an individual employed by an agency in a position, the duties and responsibilities of which influence the policies of the agency.

Personnel Authority--An individual or organization with the authority to administer all or part of a personnel management program as provided in Title IV of the Act.

Position--The work, consisting of the duties and responsibilities, assigned to an employee.

Realignment--An action which affects the internal structure and/or functions of an agency, but which does not constitute a "Reorganization."

Reorganization--That action which results in the transfer of, consolidation of, abolition of, or authorization with respect to functions and hierarchy, between or among agencies, and which affects the structure or structures thereof; which reorganization is subject to adoption by legislative action, including consideration of the District of Columbia Council in accordance with the Governmental Reorganization Act of 1981.

Standard--any criterion, guideline or measure established by appropriate authority for the purpose of making objective comparisons.

Supervisor--an individual having delegated authority to hire, direct, assign, promote, reward, transfer, furlough, lay off, recall, suspend, discipline, or remove employees.

1100.2 Sections 1100 through 1111 of this chapter apply to all persons and positions in the Career and Excepted Services.

1101 BASIS FOR GRADING POSITIONS (CAREER AND EXCEPTED SERVICES)

The District Service Schedule ("DS") is the basic pay schedule for positions which are divided into 18 grades of difficulty and responsibility of work.

1101.2 Grade DS-1 includes those classes of positions the duties of which are to perform, under immediate supervision, with little or no latitude for the exercise of independent judgment--

(a) The simplest routine work in office, business or fiscal operations; or

(b) Elementary work of a subordinate technical character in a professional, scientific, or technical field.

1101.3 Grade DS-2 includes those classes of positions the duties of which are--

(a) To perform, under immediate supervision, with limited latitude for the exercise of independent judgment, routine work in office, business, or fiscal operations, or comparable subordinate technical work of limited scope in a professional, scientific, or technical field, requiring some training or experience; or

(b) To perform other work of equal importance, difficulty and responsibility, and requiring comparable qualifications.

1101.4 Grade DS-3 includes those classes of positions the duties of which are--

(a) To perform, under immediate or general supervision, somewhat difficult and responsible work in office, business, or fiscal operations, or comparable subordinate technical work of limited scope in a professional, scientific, or technical field, requiring in either case--

(1) Some training or experience;

(2) Working knowledge of a special subject matter; or

(3) To some extent the exercise of independent judgment in accordance with well-established policies, procedures, and techniques; or

(b) To perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications.

1101.5 Grade DS-4 includes those classes of positions the duties of which are--

(a) To perform under immediate or general supervision, moderately difficult and responsible work in office, business, or fiscal operations, or comparable subordinate technical work in a professional, scientific, or technical field, requiring in either case--

(1) A moderate amount of training and minor supervisory or other experience;

(2) Good working knowledge of a special subject matter or limited field or office, laboratory, engineering, scientific, or other procedure and practice; and

(3) The exercise of independent judgment in accordance with well-established policies, procedures, and techniques; or

(b) To perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications.

1101.6 Grade DS-5 includes classes of positions the duties of which are--

(a) To perform, under general supervision, difficult and responsible work in office, business, or fiscal administration, or comparable work in a professional, scientific, or technical field, requiring in either case--

(1) Considerable training and supervisory or other experience;

(2) Broad working knowledge of a special subject matter or of office, laboratory, engineering, scientific, or other procedure and practice; and

(3) The exercise of independent judgment in a limited field;

(b) To perform, under immediate supervision, and with little opportunity for the exercise of independent judgment, simple and elementary work requiring professional, scientific, or technical training; or

(c) To perform other work of equal importance, difficulty, and responsibility and requiring comparable qualifications.

1101.7 Grade DS-6 includes those classes of positions the duties of which are--

(a) To perform under general supervision, difficult and responsible work in office, business, or fiscal administration, or comparable subordinate technical work in a professional, scientific, or technical field, requiring in either case--

(1) Considerable specialized or supervisory training and experience;

(2) Broad working knowledge of a special and complex subject matter, procedure, or practice, or of the principles of the profession, art, or science involved; and

(3) To a considerable extent the exercise of independent judgment; or

(b) To perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications.

1101.8 Grade DS-7 includes those classes of positions the duties of which are--

(a) To perform, under general supervision, work of considerable difficulty and responsibility along special technical training or comparable subordinate technical work in a professional, scientific, or technical field, requiring in either case--

(1) Considerable specialized or supervisory training and experience;

(2) Comprehensive working knowledge of a special and complex subject matter, procedure, or practice, or of the principles of the profession, art, or science involved; and

(3) To a considerable extent the exercise of independent judgment; or

(b) Under immediate or general supervision, to perform somewhat difficult work requiring--

(1) Professional, scientific, of technical training; and

(2) To a limited extent, the exercise of independent technical judgment; or

(c) To perform other work of equal importance, difficulty and responsibility, and requiring comparable qualifications.

1101.9 Grade DS-8 includes those classes of positions the duties of which are--

(a) To perform, under general supervision, very difficult and responsible work along special technical or supervisory lines in office, business, or fiscal administration, requiring--

(1) Considerable specialized or supervisory training and experience;

(2) Comprehensive and thorough working knowledge of a specialized and complex subject matter, procedure, or practice, or of the principles of the profession, art, or science involved; and

(3) To a considerable extent the exercise of independent judgment; or

(b) To perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications.

1101.10 Grade DS-9 includes those classes of positions the duties of which are--

(a) To perform, under general supervision, very difficult and responsible work along special technical, supervisory, or administrative lines in office, business, or fiscal administration requiring--

(1) Somewhat specialized training and considerable specialized, supervisory, or administrative experience which has demonstrated capacity for sound independent work;

(2) Thorough and fundamental knowledge of a special and complex subject matter, or of the profession, art, or science involved; and

(3) Considerable latitude for the exercise of independent judgment

(b) With considerable latitude for the exercise of independent judgment to perform moderately difficult and responsible work, requiring--

(1) Professional, scientific, or technical training equivalent to that represented by graduation from a college or university of recognized standing; and

(2) Considerable additional professional, scientific, or technical training or experience which has demonstrated capacity for sound independent work; or

(c) To perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications.

1101.11 Grade DS-10 includes those classes of positions the duties of which are--

(a) To perform, under general supervision, highly difficult and responsible work along special technical, supervisory, or administrative lines in office, business, or fiscal administration, requiring--

(1) Somewhat extended specialized, supervisory, or administrative training and experience which has demonstrated capacity for sound independent work;

(2) Thorough and fundamental knowledge of a specialized and complex subject matter, or of the profession, art, or science involved; and

(3) Considerable latitude for the exercise of independent judgment; or

(b) To perform other work of equal importance, difficulty and responsibility, and requiring comparable qualifications.

1101.12 Grade DS-11 includes those classes of positions the duties of which are--

(a) To perform, under general administrative supervision, and with wide latitude for the exercise of independent judgment, work of marked difficulty and responsibility along special technical, supervisory, or administrative lines in office, business, or fiscal administration, requiring--

(1) Extended specialized, supervisory, or administrative training and experience which has demonstrated important attainments and marked capacity for sound independent action or decision; and

(2) Intimate grasp of a specialized and complex subject matter, or of the profession, art, or science involved, or of administrative work of marked difficulty;

(b) With wide latitude for the exercise of independent judgment, to perform responsible work of considerable difficulty requiring somewhat extended professional, scientific, or technical training and experience which has demonstrated important attainments and marked capacity for independent work; or

(c) To perform other work of equal importance, difficulty, and responsibility and requiring comparable qualifications.

1101.13 Grade DS-12 includes those classes of positions the duties of which are--

(a) To perform, under general administrative supervision, with wide latitude for the exercise of independent judgment, work of a very high order of difficulty and responsibility along special technical, supervisory, or administrative lines in office, business, or fiscal administration, requiring--

(1) Extended specialized, supervisory, or administrative training and experience which has demonstrated leadership and attainments of a high order in specialized or administrative work; and

(2) Intimate grasp of a specialized and complex subject matter, or of the profession, art, or science involved,

(b) Under general administrative supervision, and with wide latitude for the exercise of independent judgment, to perform professional, scientific, or technical work of marked difficulty requiring extended professional, scientific, or technical training and experience which has demonstrated leadership and attainments of a high order in professional, scientific, or technical research, practice or administration; or

(c) To perform other work of equal importance, difficulty, and responsibility and requiring comparable qualifications.

1101.14 Grade DS-13 includes those classes of positions the duties of which are--

(a) To perform, under administrative direction, with wide latitude for the exercise of independent judgment, work of unusual difficulty and responsibility along special technical, supervisory, or administrative lines, requiring extended specialized supervisory or administrative training and experience which has demonstrated leadership and marked attainments;

(b) To serve as assistant head of a major organization involving work of comparable level within a bureau;

(c) To perform, under administrative direction, with wide latitude for the exercise of independent judgment, work of unusual difficulty and responsibility requiring extended professional, scientific, or technical training and experience which has demonstrated leadership and marked attainments in professional, scientific, or technical research, practice, or administration; or

(d) To perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications.

1101.15 Grade DS-14 includes those classes of positions the duties of which are--

(a) To perform, under general administrative direction, with wide latitude for the exercise of independent judgment, work of exceptional difficulty and responsibility along special technical, supervisory, or administrative lines which has demonstrated leadership and unusual attainments;

(b) To serve as head of a major organization within a bureau involving work of comparable level;

(c) To plan and direct or to plan and execute major professional, scientific, technical, administrative, fiscal, or other specialized programs, requiring extended training and experience which has demonstrated leadership and unusual attainments in professional, scientific, or technical research, practice or administration, or in administrative, fiscal, or other specialized activities; or

(d) To perform consulting or other professional, scientific, technical, administrative, fiscal, or other specialized work of equal importance, difficulty, responsibility, and requiring comparable qualifications.

1101.16 Grade DS-15 includes those classes of positions the duties which are--

(a) To perform, under general administrative direction, with very wide latitude for the exercise of independent judgment, work of outstanding difficulty and responsibility along special technical, supervisory, or administrative lines which has demonstrated leadership and exceptional attainments;

(b) To serve as head of a major organization within a bureau involving work of comparable level;

(c) To plan and direct or to plan and execute specialized programs of marked difficulty, responsibility, and significance along professional, scientific, technical, administrative, fiscal, or other lines, requiring extended training and experience which has demonstrated leadership and unusual attainments in professional, scientific, or technical research practice, or in administration, or in administrative, fiscal or other specialized activities; or

(d) To perform consulting or other professional, technical, administrative, fiscal, or other specialized work of equal importance, difficulty, and responsibility, and requiring comparable qualifications.

1101.17 Grade DS-16 includes those classes of positions the duties of which are--

(a) To perform, under general administrative direction, with unusual latitude for the exercise of independent judgment, work of outstanding difficulty and responsibility along special technical, supervisory, or administrative lines which has demonstrated leadership and exceptional attainments;

(b) To serve as head of a major organization within a bureau involving work of comparable level;

(c) To plan and direct or to plan and execute professional, scientific, technical, administrative, fiscal, and other specialized programs of unusual difficulty, responsibility, and significance, requiring extended training and experience which has demonstrated leadership and exceptional attainments in professional, scientific, or technical research practice, or administration, or in administrative, fiscal, or other specialized activities; or

(d) To perform consulting or other professional, scientific, technical, administrative, fiscal, or other specialized work of equal importance, difficulty, responsibility, and requiring comparable qualifications.

1101.18 Grade DS-17 includes those classes of positions the duties of which are--

(a) To serve as the head of a bureau where the position, considering the kind and extent of the authorities and responsibilities vested in it, and the scope, complexity, and degree of difficulty of the activities carried on, is of a high order among the whole group of positions of heads of bureaus;

(b) To plan and direct or to plan and execute professional, scientific, technical, administrative, fiscal, or other specialized programs of exceptional difficulty, responsibility, and national significance, requiring extended training and experience which has demonstrated exceptional leadership and attainments in professional, scientific, or technical research practice, or administration, or in administrative, fiscal or other specialized activities; or

(c) To perform consulting or other professional, scientific, technical, administrative, fiscal, or other specialized work of equal importance, difficulty, responsibility and requiring comparable qualifications.

1101.19 Grade DS-18 includes those classes of positions the duties of which are--

(a) To serve as the head of a bureau where the position, considering the kind and extent of the authorities and responsibilities vested in it, and the scope, complexity, and degree of difficulty of the activities carried on, is exceptional and outstanding among the whole group of positions of heads of bureaus;

(b) To plan and direct or to plan and execute frontier or unprecedented professional, scientific, technical, administrative, fiscal, or other specialized programs of outstanding difficulty, responsibility, and national significance, requiring extended training and experience which has demonstrated outstanding leadership and attainments in professional, scientific, or technical research, practice, or administration, or in administrative, fiscal or other specialized activities; or

(c) To perform consulting or other professional, scientific, technical, administrative, fiscal, or other specialized work of equal importance, difficulty, responsibility, and requiring comparable qualifications.

1102 STANDARDS AND GUIDES FOR CLASSIFICATION

1102.1 The D.C. Office of Personnel (DCOP), after consulting with the United States Office of Personnel Management (OPM) and agencies, shall prepare special guides or standards, or adopt established OPM standards for placing positions in their proper classes, and grades.

1102.2 The DCOP may make such inquiries or investigations of the duties, responsibilities, and qualification requirements of positions as it considers necessary for this purpose.  The agencies, on request of the DCOP, shall furnish information for and cooperate in the preparation of the standards.

1102.3 In the standards, which shall be published in such form as the DCOP may determine, the DCOP shall--

(a) Define the various classes of positions in terms of duties, responsibilities, and qualification requirements;

(b) Establish the official class titles; and

(c) Set forth the grades in which the classes have been placed by the DCOP.

1102.4 The DCOP, after consulting with the agencies to the extent necessary, shall revise, supplement, or abolish such special guides or standards or prepare new standards, so that, as nearly as may be practicable, positions existing at any given time will be covered by current published standards.

1102.5 The official class titles established under paragraph 1102.3(b) of this section shall be used for personnel, budget, and fiscal purposes.  However, this requirement does not prevent the use of organizational or other titles for internal administration, public convenience, law enforcement, or similar purposes.

1103 BASIS FOR CLASSIFYING POSITIONS (THE CAREER & EXCEPTED SERVICES)

1103.1 Each position shall be placed in its appropriate class.  The basis for determining the appropriate class is the duties and responsibilities of the position and the qualifications required by the duties and responsibilities.

1103.2 Each class shall be placed in its appropriate grade.  The basis for determining the appropriate grade is the level of difficulty, responsibility, and qualification requirements of the work of the class.

1103.3 Appropriated funds may not be used to pay an employee who places a supervisory position in a class and grade solely on the basis of the size of the organization unit or the number of subordinates supervised. These factors may be given effect only to the extent warranted by the workload of the organization unit and then only in combination with other factors, such as the kind, difficulty, and complexity of work supervised, and the kind, degree, and character of the supervision exercised.  (Title XI, Subsections 1101(a) and (b) of D.C. Law 2-139)

1104 CLASSIFICATION OF POSITIONS

1104.1 The implementation of these rules and regulations will be undertaken by the appropriate personnel authorities as defined in Section 406 of D.C. Law 2-139.

1104.2 The Servicing Personnel Officers and the Chief of the Executive Office of the Mayor Personnel Unit, are delegated authority vested in the Mayor for classifying all positions (including Regular Wage Service and Printing Wage Service positions) in agencies serviced by them, except the following positions:

(a) Positions for which authority is reserved by the Mayor, which are--

(1) Positions over grade DS-15;

(2) Department and Office Heads and Deputies; and

(3) Positions whose incumbents report to the Mayor.

(b) Personnel positions and Expert or Consultant positions for which the Director of Personnel has been delegated specific authority.

1104.3 (a) Each Servicing Personnel Officer shall place each position within the cluster in its appropriate class and grade in conformance with accepted standards published by the U.S. Office of Personnel Management and/or special guides or standards published by the D.C. Office of Personnel or, if no published standards apply directly, consistently with published standards.

(b) When facts warrant, an agency may change a position which has been placed in a class or grade under this Section from that class or grade to another class or grade.

(c) Subject to permissible grade and pay retention benefits, these actions of an agency are the basis for pay and personnel transactions until changed by a certificate of the D.C. Office of Personnel.

1105 WAGE SERVICE CLASSIFICATION SYSTEM

1105.1 The classification or job-grading plan for Wage Service positions is that of the Coordinated Federal Wage System which was adopted for the District of Columbia Government by Order of the Commissioner No. 68-583, dated August 23, 1968.

1105.2 The Wage Service job-grading system provides for an orderly grouping of all positions which is essential in establishing pay and in programs for recruiting, examining, placement, promotion, transfer, determining training needs, reduction in force, and performance ratings.

1105.3 Upon determination that a position is subject to classification under the Wage Service System the position shall be evaluated in accordance with appropriate job-grading standards, or if none are directly applicable, with standards for the most nearly related occupations.  Printing wage service positions are evaluated in accordance with Job Evaluation Standards published by the Interdepartmental Lithographic Wage Board, (ILWB).

1105.4 The Office of Personnel Management (OPM) establishes and defines individual occupations.  Generally, each occupation includes the inspector, leader and supervisory jobs and all levels of non-supervisory work.  The boundaries of an occupation are determined by the set of basic skills and knowledge required to do the work.  Each job family has a general occupational category designed to include lines of work characteristic of the job family but not identifiable with any specific occupation of the family, and lines of work with too few employees to merit treatment as separate occupations.  The Handbook of Blue Collar Occupational Families and Series, issued by the OPM in October 1961, is the official guide for coding and identifying jobs until new codes and definitions are established.

1105.5 Servicing Personnel Officers with delegated authority shall make initial determinations regarding positions covered by this Section.  Questions regarding appropriateness of coverage shall be referred to the DCOP for decision.  In the event there is still disagreement on coverage, the case may be referred to the U.S. Office of Personnel Management (OPM) for final determination.

1105.6 THE REGULAR WAGE SERVICE (RWS) includes all employees of the District of Columbia Government in recognized trades or crafts or other skilled mechanical crafts, or in unskilled, semi-skilled, or skilled manual labor occupations and other employees including foremen and supervisors in positions having trade, craft, or laboring experience or knowledge as the paramount requirement.

(a) The 39 key ranking jobs listed in Part 1, OPM Job Grading System for Trades and Labor Occupation provide the framework for the 15-grade nonsupervisory structure of the Coordinated Federal Wage System.  These descriptions of commonly found kinds of nonsupervisory work serve as the pegpoints for determining the relative worth of different lines of work and leaves within lines of work.  They control the alignment of the grade levels in all nonsupervisory job-grading standards.  (Descriptions of key ranking jobs are not to be used in lieu of standards.)

(b) The OPM initiates special studies to ensure the currency of the key ranking jobs.  Changes in key ranking jobs may be made if circumstances require it.

1105.7 THE PRINTING WAGE SERVICE (PWS) includes all employees of the District of Columbia Government engaged in operation of printing equipment to accomplish lithographic processes involving platemaking, press operations, bindery assembly-stripping, engraving, and photographic functions.  The District of Columbia Government is an affiliate member of the Interdepartmental Lithographic Wage Board (IPWB) by letter to the District Government from the ILWB, dated October 15, 1958.

(a) The Interdepartmental Lithographic Wage Board develops and publishes standards which provide criteria for assigning grades and titles to jobs.  (However, ILWB grades must be converted to the appropriate Printing Wage Service Grades.)

(b) The job evaluation standards are broken down into seven groups:  Press Operating, Photographer, Film Assembly/Stripper, Platemaker, Bindery, Engraver, and Supervisory.  Nonsupervisory standards summarize the job, showing typical work, typical products, and typical presses or other equipment.

1105.8 WAGE SERVICE employees in the District of Columbia Government may appeal the title, series, job family, occupational coding, or grade according to procedures established in section 1110 below.  However, the Wage Service appeal must first have been adjudicated by the D.C. Office of Personnel.  Detailed information regarding Wage Service appeals is found in the District Personnel Manual issued by DCOP.

1105.9 The OPM is the central coordinating and control agency for the administration of the Coordinated Federal Wage System, the system adopted by the D.C. Government.  It is also the central developmental agency for elements of the system which are needed to supplement the basic system. Regulations are issued as necessary to ensure consistent practices among those agencies under the system.

1105.10 The D.C. Office of Personnel makes determinations as to coverage, applicability and procedural application of this section.

1106 REVIEW OF CLASSIFICATION OF POSITIONS

1106.1 The D.C. Office of Personnel shall, annually, review such number of positions in each agency as will enable it to determine whether the agency is placing positions in classes and grades in conformance with or consistently with published standards.

1106.2 The D.C. Office of Personnel shall provide that all positions covered by this classification system are properly described in writing in accordance with the principal duties and responsibilities officially assigned to those positions.

1106.3 The D.C. Office of Personnel shall also provide that all positions are properly evaluated by application of official classification standards, in accordance with accepted classification principles and techniques and in accordance with applicable rules and regulations.

1106.4 When the D.C. Office of Personnel finds that a position, group, or class of positions is not placed in the proper class and grade, in conformance with published standards, or that a position, group, or class of positions for which there are no published standards is not placed in the class and grade consistent with published standards, it shall, after consultation with appropriate officials of the agency concerned, place the position, group or class or positions in the appropriate class, grade and shall certify this action to the agency.

1107 REVOCATION AND RESTORATION OF AUTHORITY TO CLASSIFY POSITIONS

1107.1 When the D.C. Office of Personnel finds that the servicing personnel officer is not placing positions in classes and grades in conformance with or consistent with published standards, it may revoke or suspend that authority.

1107.2 After revocation or suspension, the D.C. Office of Personnel may restore the authority to the extent that it is satisfied that later actions placing positions in classes and grades will be in conformance with or consistent with published standards.

1108 CLASSIFICATION RECORDS

1108.1 The D.C. Office of Personnel may prescribe the form in which each agency shall record the duties and responsibilities of positions and the place where these records shall be maintained.

1108.2 The D.C. Office of Personnel may interview employees of the agency who have knowledge of the duties and responsibilities of positions and information as to the reasons for placing a position in a class or grade.

1109 PROGRAM MAINTENANCE

1109.1 Positions are classified by occupational group, series, class, and grade according to similarities and differences in duties, responsibilities, and qualification requirements.

1109.2 Positions are first sorted into occupational groups and each of these groups divided into series of classes.  Each series is then divided into classes and each class placed in its appropriate grade which has a salary range provided by law.

1109.3 The D.C. Office of Personnel establishes policies for placement of positions in the appropriate class and grade level, investigates and reviews classification decisions of servicing personnel offices and determines the effectiveness with which the District Classification System is administered.

1109.4 The servicing personnel officers have general authority for administering the classification system with their respective clusters.  This is accomplished either through individual desk audits, representative sampling of identical additional positions, or planned annual reviews of positions so that all positions are reviewed at least once in every three years.

1109.5 Draft standards are circulated by the D.C. Office of Personnel to all personnel officers for an impact assessment of the proposed standards on currently established positions and other related positions.

1109.6 Reorganizations or realignment proposals are developed by management and submitted to the servicing personnel officer with definitive position information, organizational charts, book reports, and proposed staffing patterns.  The servicing personnel officer shall review the proposal for propriety of staffing pattern, identify overlaps or duplication of functions and investigate possible measures for minimizing the adverse impact of the reorganization upon its employees i.e., reduction in force, downgrading and reassignment.

1109.7 Position descriptions are developed by the supervisor and/or the employee (with the necessary assistance of the servicing personnel officer) for each authorized position.  The narrative form shall be used unless the position is covered by a Factor Evaluation System (FES) Standard in which case the FES format has to be used.  All newly established or re-written nonsupervisory position descriptions will be in the FES format.

1110 POSITION CLASSIFICATION APPEALS

1110.1 A District employee may appeal the classification of his or her position to the personnel authority (the D.C. Office of Personnel for agencies under the personnel authority of the Mayor) at any time to obtain necessary corrective action. However, in order to preserve the right to a retroactive pay adjustment after a downgrading resulting from classification action, the appeal must be submitted not later than fifteen (15) days after the effective date of the action. Classification decisions issued by the personnel authority that will result in the loss of grade or pay shall be communicated to the affected employee(s) through written ten-day (10-day) advance notice of proposed action.

1110.2 The advance notice shall stipulate the fifteen-day (15-day) time limitation within which the employee must file an appeal in order to preserve rights to retroactive adjustments.

1110.3 The advance notice shall inform the employee of the right to prepare a written response to the advance notice and to be represented by a lawyer or other individual of his or her choice.

1110.4 An employee directly, or through a person designated in writing by the employee, may appeal to his or her personnel authority either or both of the following:

(a) The class or grade of the position; or

(b) The coverage of the position under the appropriate schedule.

1110.5 The personnel authority (the D.C. Office of Personnel for agencies under the personnel authority of the Mayor) must dispose of the appeal within thirty (30) days from the date of its receipt. The action taken by the personnel authority to dispose of the appeal shall be the final decision of the personnel authority on the appeal.

1110.6 The personnel authority's final decision is appealable to the Superior Court of the District of Columbia, which reviews the record, determines if it is supported by substantial evidence, and either affirms, reverses, remands, or modifies the decision, as deemed necessary.

1111 GENERAL AUTHORITY OF THE DIRECTOR OF PERSONNEL

1111.1 The Director of Personnel may--

(a) Ascertain currently the facts as to the duties, responsibilities, and qualification requirements of a position;

(b) Place in an appropriate class and grade a newly created position;

(c) Decide if a position is in its appropriate class and grade;

(d) Change a position from one class or grade to another class or grade when the facts warrant.

1111.2 The Office of Personnel shall certify to the agency concerned its actions under paragraphs 1111.1 (b) and (d) of this section.  The agency shall act in accordance with the certificate, and the certificate is binding on all administrative certifying, payroll, disbursing, and accounting officials.

1111.3 An affected employee, or an agency, may request at any time that the Office of Personnel exercise the authority granted to it by Subsection 1111.1, and the Office of Personnel shall act on the request in a timely manner.

1112 EFFECTIVE DATES OF CLASSIFICATION ACTIONS OR DECISIONS GENERALLY

1112.1 An agency classification action is a determination to establish or change the title, series, grade or pay system of a position based on application of published position classification standards or guides.

1112.2 The effective date of a classification action taken by an agency shall be the date an official with properly delegated authority approves (certifies) the proposed classification.  This is accomplished when the authorized official(s) signs the allocation of the position.

1112.3 The effective date of a classification action may be extended to correspond with the effective date of the personnel action when--

(a) The position is being changed to a lower grade or pay; and

(b) The employee occupying the position is eligible for retained grade or pay.

1112.4 A classification action shall be implemented by a personnel action which must occur within a reasonable period of time following the date of the classification action, except as provided in this chapter.

1112.5 If the classification action taken by an agency requires a personnel action which will result in a loss of rank, grade or pay to the occupant of the position, the agency must advise the employee, in writing, of the position action and the proposed date of the personnel action.  This notice shall be issued prior to taking a personnel action, in accordance with the notice requirements for reduction in force for employees appointed on or before December 31, 1979; or the notice requirements for adverse actions for employees appointed after that date.

1112.5 Except as provided in sections 1113 through 1116, classification actions shall not be made retroactive.

1113 REVIEW OF CLASSIFICATION DECISION

1113.1 The effective date of a personnel action implementing a classification decision made by means of a certificate issued by an appropriate authority shall not be earlier than the date of the certificate, and not later than the date of the fourth pay period following the date of the certificate, unless a subsequent date is specifically stated in the certificate.

1113.2 Except as otherwise provided by this chapter, the filing of an appeal of such a decision does not delay its effective date.  However, the implementation of the certificate may be suspended when it is determined before its effective date that a review of the classification decision is warranted and suspension is desirable.

1113.3 The determination to suspend implementation may be made by--

(a) The agency/department head, or a designee, in those agencies having independent personnel authority; or

(b) By the Director of Personnel, or a designee, with respect to any classification decision in agencies under the jurisdiction of Mayor.

1113.4 Suspending the implementation of a certificate does not automatically change the effective date except when the certificate requires that the grade or pay of the position be reduced and the employee is not entitled to retained grade or pay.

1113.5 When the original decision requires that the grade or pay of the position be reduced and the employee is not entitled to retained grade or pay, the reviewing authority shall issue a new certificate if it sustains the original decision.

1113.6 Since demotions shall not be made retroactive, the effective date of the new certificate shall be not earlier than the date of the certificate, and not later than the beginning of the fourth pay period after the date of the certificate unless a subsequent date is specifically stated in the certificate.

1114 EFFECTIVE DATE OF CLASSIFICATION APPEALS

1114.1 Subject to § 1115, the effective date of a change in the classification of a position, resulting from a classification appeal decision by the personnel authority, shall not be earlier than the date of the decision and not later than the beginning of the fourth pay period following the date of the decision, except when a subsequent date is specifically provided in the decision.

1114.2 The personnel authority may suspend the implementation of the appeal decision when it is determined before the effective date that a further review of the decision is warranted.

1114.3 Suspending the implementation shall not change the effective date of the decision except when the original decision requires that the grade or pay of the position be reduced and the employee is not entitled to grade or pay retention.

1114.4 When the original decision requires that the grade or pay of a position be reduced and the employee is not entitled to grade or pay retention, the personnel authority, if sustaining the original decision, shall issue a new certificate and the effective date of the new certificate shall be not earlier than the beginning of the fourth pay period following the date of the new decision, unless a subsequent date is specifically stated in the new decision.

1115 RETROACTIVE EFFECTIVE DATE

1115.1 A retroactive effective date may be required if the employee is wrongfully demoted.

1115.2 The effective date of a classification appellate certificate may be retroactive only if it corrects a classification action which resulted in a loss of grade or pay.

1115.3 In order for the decision to be made retroactive, the employee must file the initial request for review with the personnel authority not later than fifteen (15) calendar days after the effective date of the reclassification action.

1115.4 If the appellate decision raises the grade of the position above the original grade, retroactivity will apply only to the extent of restoration to the original grade.

1115.5 The right to a retroactive effective date provided by this section is preserved when the appeal is filed not later than fifteen (15) calendar days after the effective date of the action taken as a result of the classification decision.

1115.6 Retroactivity shall be based only on duties and responsibilities existing at the time of demotion and shall not be based on duties and responsibilities assigned later.

1115.7 The right to a retroactive effective date provided by this section may be preserved at the discretion of the personnel authority on a showing by the employee that he or she was not notified of the applicable time limit and was not otherwise aware of it, or that circumstances beyond his or her control prevented filing an appeal within the prescribed time limit.

1116 OTHER SPECIAL PROVISIONS

1116.1 An employee who is found by competent authority to have been discriminated against in the classification of his or her position shall be reclassified as ordered by such authority.

1116.2 Unavailability of funds shall not be justification for not proceeding with timely promotion of an employee affected by a reclassification action under these regulations.

1116.3 Classification actions resulting from a realignment or reorganization are subject to the preceding requirements; provided that a personnel authority may schedule classification actions in the future, but not retroactively, to reflect the magnitude of the reclassifications required. However, when there is a major reorganization which merges two or more agencies and affects both Educational and Career or Excepted Service employees, the effective date of reclassification of Career or Excepted Service employees may be established to coincide with the effective date of the reclassification of Educational Service employees; provided that the effective date does not exceed one year before or after the date otherwise required by these regulations; and provided further that no reclassification which reduces an employee's grade or pay shall be made retroactive.