Code of the District of Columbia

Subchapter XXIV. Reductions-in-Force.


§ 1–624.01. Policy.

The Mayor and the District of Columbia Board of Education shall issue rules and regulations establishing a procedure for the orderly furloughing of employees or termination of employees, taking full account of nondiscrimination provisions and appointments objectives of this chapter. Each agency shall be considered a competitive area for reduction-in-force purposes. A personnel authority may establish lesser competitive areas within an agency on the basis of all or a clearly identifiable segment of an agency’s mission or a division or major subdivision of an agency. When as a result of a reorganization order a function is transferred from 1 District agency to another District agency, the procedures for transferring the employees identified with the continuing function shall be negotiated with the recognized labor organization.


(Mar. 3, 1979, D.C. Law 2-139, § 2401, 25 DCR 5740; Sept. 26, 1980, D.C. Law 3-109, § 4(b), 27 DCR 3785; Mar. 5, 1996, D.C. Law 11-98, § 201(a), 43 DCR 5; Apr. 26, 1996, 110 Stat. 216, Pub. L. 104-134, § 149(a); Sept. 9, 1996, 110 Stat. 2372, Pub. L. 104-194, § 140(a); June 10, 1998, D.C. Law 12-124, § 101(x)(1), 45 DCR 2464.)

Prior Codifications

1981 Ed., § 1-625.1.

1973 Ed., § 1-354.1.

Emergency Legislation

For temporary amendment of § 401 of the Omnibus Personnel Reform Amendment Act of 1998 (D.C. Law 12-124), see § 2 of the Personnel Reform Technical Amendment Emergency Act of 1998 (D.C. Act 12-520, December 4, 1998, 45 DCR 9049).

Editor's Notes

Limitations on total number of positions: Section 3 of D.C. Law 9-47 provided that at no time shall the total number of positions, outside existing collective bargaining units, at grades 11 and above on the District Service Schedule and at equivalent levels in other salary or pay schedules, exceed the number of such positions in an agency on July 1, 1991, minus the number of positions abolished by the agency pursuant to this act.

Reduction in workforce: Section 1405 of D.C. Law 11-52 provided for the elimination of at least 1,200 additional specific funded positions prior to September 30, 1995, through early retirement, a voluntary severance incentive program, and a reduction in force.

Applicability of § 101(x) of D.C. Law 12-124: Section 401(a) of D.C. Law 12-124, as amended by § 60 of D.C. Law 12-264, provided that § 101(d), (k), (p), (s), and (x) of this act shall apply upon the enactment of legislation by the United States Congress that states the following: “Notwithstanding any other law, section 101(d), (k), (p), (s), and (x) of the Omnibus Personnel Reform Act of 1998, adopted by the Council of the District of Columbia is enacted into law.” Section 134 of Title I of Division C of Pub. L. 105-277, 112 Stat. 2681-596, provided that “Notwithstanding any other law, sections 101(d), (k), (p), (s), and (x) of the Omnibus Personnel Reform Amendment Act of 1998, D.C. Law 12-124, effective June 11, 1998, are enacted into law.”

Mayor's Orders

Furloughing of Employees During Fiscal Year 2011, see Mayor’s Order 2011-44, February 18, 2011 ( 58 DCR 1497).


§ 1–624.02. Procedures.

(a) Reduction-in-force procedures shall apply to the Career and Educational Services, except those persons separated pursuant to § 1-608.01a(b)(2), and to persons appointed to the Excepted and Legal Services as attorneys and shall include:

(1) A prescribed order of separation based on tenure of appointment, length of service including creditable federal and military service, District residency, veterans preference, and relative work performance;

(2) One round of lateral competition limited to positions within the employee’s competitive level;

(3) Priority reemployment consideration for employees separated;

(4) Consideration of job sharing and reduced hours; and

(5) Employee appeal rights.

(b)(1) For purposes of this subchapter, a veterans preference eligibility will be defined in accordance with federal law and regulations issued by the U.S. Office of Personnel Management;

(2) Creditable service in determining length of service shall include all federal, District government, and military service otherwise creditable for Civil Service retirement purposes;

(3) Performance ratings documented and approved which recognize outstanding performance shall serve to increase the employee’s service for reduction-in-force purposes by 4 years during the period the outstanding rating is in effect. Performance ratings may not be changed subsequent to the establishment of retention registers and issuance of reduction-in-force notices; and

(4) Employees serving on temporary limited appointments or having unacceptable performance ratings are not entitled to compete for retention.

(c) For purposes of this subchapter, each employee who is a bona fide resident of the District of Columbia shall have 3 years added to his or her creditable service for reduction-in-force purposes. For purposes of this subsection only, a nonresident District employee who was hired by the District government prior to January 1, 1980, and has not had a break in service since that date, or a former employee of the United States Department of Health and Human Services at Saint Elizabeths Hospital who accepted employment with the District government effective October 1, 1987, and has not had a break in service since that date, shall be considered a District resident.

(d) A reduction-in-force action may not be taken until the employee has been afforded at least 15 days advance notice of such an action. The notification required by this subsection must be in writing and must include information pertaining to the employee’s retention standing and appeal rights.

(e) Notwithstanding any other provision of law, the Board of Education shall not require or permit non-school-based personnel or school administrators to be assigned or reassigned to the same competitive level as classroom teachers.


(Mar. 3, 1979, D.C. Law 2-139, § 2402, 25 DCR 5740; Apr. 25, 1984, D.C. Law 5-79, § 2, 31 DCR 1230; Sept. 26, 1995, D.C. Law 11-52, § 1001(c), 42 DCR 3684; Mar. 5, 1996, D.C. Law 11-98, § 301(c), 43 DCR 5; Apr. 26, 1996, 110 Stat. 215, Pub. L. 104-134, § 145(3); Sept. 9, 1996, 110 Stat. 2372, Pub. L. 104-194, § 138(3); June 10, 1998, D.C. Law 12-124, § 101(x)(1), 45 DCR 2464; Apr. 20, 1999, D.C. Law 12-260, § 2(i), 46 DCR 1318; Mar. 20, 2008, D.C. Law 17-122, § 2(e), 55 DCR 1506.)

Prior Codifications

1981 Ed., § 1-625.2.

1973 Ed., § 1-354.2.

Section References

This section is referenced in § 1-613.52 and § 1-624.08.

Effect of Amendments

D.C. Law 17-122, in subsec. (a), substituted “Educational Service, except those persons separated pursuant to § 1-608.01a(b)(2), and” for “Educational Service and”.

Emergency Legislation

For temporary amendment of section, see § 2(i) of the Legal Service Establishment Emergency Amendment Act of 1998 (D.C. Act 12-620, January 22, 1999, 46 DCR 1343).

For temporary (90 day) amendment of section, see § 2(e) of Public Education Personnel Reform Emergency Amendment Act of 2008 (D.C. Act 17-241, January 22, 2008, 55 DCR 983).

For temporary (90 day) amendment of section, see § 2 of District Residency RIF Protection Emergency Amendment Act of 2009 (D.C. Act 18-172, July 31, 2009, 56 DCR 6634).

For temporary (90 day) amendment of section, see § 2 of District Residency RIF Protection Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-228, October 27, 2009, 56 DCR 8705).

Temporary Legislation

Section 2 of D.C. Law 18-84, in subsec. (c), substituted “shall have 6 years added” for “shall have 3 years added”.

Section 4(b) of D.C. Law 18-84 provided that the act shall expire after 225 days of its having taken effect.

Editor's Notes

Furloughing of employees: See Mayor’s Memorandum 89-10, February 17, 1989.

Applicability of § 101(x) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-624.01.

Section 2(b) of D.C. Law 13-131 provided:

“Sec. 2. Sections 1351(2) and 1352(3) of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 are amended as follows:”

“(b) Section 1352(3) is amended to read as follows:

“ ‘(3) Up to 5 rating levels, the highest of which shall constitute an outstanding performance rating for purposes of section 2402(b)(3) and the lowest of which shall constitute an unacceptable performance rating for purposes of section 2402(b)(4);’.”


§ 1–624.03. Responsibility.

The appropriate personnel authority shall be responsible for making a final determination that a reduction in force is necessary and for ensuring that the provisions of this subchapter and rules and regulations issued pursuant to this subchapter are applied when effecting a reduction-in-force within their respective agency.


(Mar. 3, 1979, D.C. Law 2-139, § 2403, 25 DCR 5740; June 10, 1998, D.C. Law 12-124, § 101(x)(1), 45 DCR 2464.)

Prior Codifications

1981 Ed., § 1-625.3.

1973 Ed., § 1-354.3.

Editor's Notes

Applicability of § 101(x) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-624.01.


§ 1–624.04. Appeals.

An employee who has received a specific notice that he or she has been identified for separation from his or her position through a reduction-in-force action may file an appeal with the Office of Employee Appeals if he or she believes that his or her agency has incorrectly applied the provisions of this subchapter or the rules and regulations issued pursuant to this subchapter. An appeal must be filed no later than 30 calendar days after the effective date of the action. The filing of an appeal shall not serve to delay the effective date of the action.


(Mar. 3, 1979, D.C. Law 2-139, § 2404, 25 DCR 5740; June 10, 1998, D.C. Law 12-124, § 101(x)(1), 45 DCR 2464; Sept. 30, 2004, D.C. Law 15-189, § 2(c), 51 DCR 6734.)

Prior Codifications

1981 Ed., § 1-625.4.

1973 Ed., § 1-354.4.

Effect of Amendments

D.C. Law 15-189 substituted “30” for “15”.

Editor's Notes

Applicability of § 101(x) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-624.01.


§ 1–624.05. [Reserved].


§ 1–624.06. Abolishment of positions for Fiscal Year 1996. [Repealed]

Repealed.


(Mar. 3, 1979, D.C. Law 2-139, § 2406; as added Jan. 26, 1996, D.C. Law 11-78, § 401(b), 42 DCR 6181; Mar. 5, 1996, D.C. Law 11-98, § 201(b), 43 DCR 5; Aug. 1, 1996, D.C. Law 11-152, § 501, 43 DCR 2978; Apr. 26, 1996, 110 Stat. 216, Pub. L. 104-134, § 149(b); June 10, 1998, D.C. Law 12-124, § 101(x)(2), 45 DCR 2464.)

Prior Codifications

1981 Ed., § 1-625.6.

Editor's Notes

Applicability of § 101(x) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-624.01.

“Sec. 401. (a) Section 101(d), (k), (p), (s), and (x) of this act shall apply upon the enactment of legislation by the United States Congress that states the following:

“Notwithstanding any other law, section 101(d), (k), (p), (s), and (x) of the Omnibus Personnel Reform Amendment Act of 1998, effective June 10, 1998 (D.C. Law 12-124; 45 DCR 2464) are enacted into law.”

Pub. L. 105-277, Div. C, Title I, § 134, Oct. 21, 1998, 112 Stat. 2681-596, provided: “Sec. 134. Notwithstanding any other law, sections 101(d), (k), (p), (s) and (x) of the Omnibus Personnel Reform Amendment Act of 1998, D.C. Law 12-124, effective June 11, 1998, are enacted into law.”


§ 1–624.07. Abolishment of positions for Fiscal Year 1997. [Repealed]

Repealed.


(Mar. 3, 1979, D.C. Law 2-139, § 2407; as added Sept. 9, 1996, 110 Stat. 2372, Pub. L. 104-194, § 140(b); Apr. 9, 1997, D.C. Law 11-200 § 2, 43 DCR 5427; Apr. 9, 1997, D.C. Law 11-255, § 57, 44 DCR 1271; June 10, 1998, D.C. Law 12-124, § 101(x)(2), 45 DCR 2464.)

Prior Codifications

1981 Ed., § 1-625.5.

Editor's Notes

Applicability of § 101(x) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-624.01.

D.C. Law 12-124, Title IV, § 401(a), as amended by D.C. Law 12-264, § 60 ( 46 DCR 2118), eff. April 20, 1999, provided:

“Sec. 401. (a) Section 101(d), (k), (p), (s), and (x) of this act shall apply upon the enactment of legislation by the United States Congress that states the following:

“Notwithstanding any other law, section 101(d), (k), (p), (s), and (x) of the Omnibus Personnel Reform Amendment Act of 1998, effective June 10, 1998 (D.C. Law 12-124; 45 DCR 2464) are enacted into law.”

Pub. L. 105-277, Div. C, Title I, § 134, Oct. 21, 1998, 112 Stat. 2681-596, provided: “Sec. 134. Notwithstanding any other law, sections 101(d), (k), (p), (s) and (x) of the Omnibus Personnel Reform Amendment Act of 1998, D.C. Law 12-124, effective June 11, 1998, are enacted into law.”


§ 1–624.08. Abolishment of positions for fiscal year 2000 and subsequent fiscal years.

(a) Notwithstanding any other provision of law, regulation, or collective bargaining agreement either in effect or to be negotiated while this legislation is in effect for the fiscal year ending September 30, 2000, and each subsequent fiscal year, each agency head is authorized, within the agency head’s discretion, to identify positions for abolishment.

(b) Prior to February 1 of each fiscal year, each personnel authority (other than a personnel authority of an agency which is subject to a management reform plan under subtitle B of title XI of the Balanced Budget Act of 1997) shall make a final determination that a position within the personnel authority is to be abolished.

(c) Notwithstanding any rights or procedures established by any other provision of this subchapter, any District government employee, regardless of date of hire, who encumbers a position identified for abolishment shall be separated without competition or assignment rights, except as provided in this section.

(d) An employee affected by the abolishment of a position pursuant to this section who, but for this section would be entitled to compete for retention, shall be entitled to one round of lateral competition pursuant to Chapter 24 of the District of Columbia Personnel Manual, which shall be limited to positions in the employee’s competitive level.

(e) Each employee selected for separation pursuant to this section shall be given written notice of at least 30 days before the effective date of his or her separation.

(f) Neither the establishment of a competitive area smaller than an agency, nor the determination that a specific position is to be abolished, nor separation pursuant to this section shall be subject to review except that:

(1) An employee may file a complaint contesting a determination or a separation pursuant to subchapter XV of this chapter or § 2-1403.03; and

(2) An employee may file with the Office of Employee Appeals an appeal contesting that the separation procedures of subsections (d) and (e) were not properly applied.

(g) An employee separated pursuant to this section shall be entitled to severance pay in accordance with subchapter XI of this chapter, except that the following shall be included in computing creditable service for severance pay for employees separated pursuant to this section:

(1) Four years for an employee who qualified for veterans preference under this chapter, and

(2) Three years for an employee who qualified for residency preference under this chapter.

(h) Separation pursuant to this section shall not affect an employee’s rights under either the Agency Reemployment Priority Program or the Displaced Employee Program established pursuant to Chapter 24 of the District Personnel Manual.

(i) With respect to agencies which are not subject to a management reform plan under subtitle B of title XI of the Balanced Budget Act of 1997, the Mayor shall submit to the Council a listing of all positions to be abolished by agency and responsibility center by March 1 of each fiscal year or upon the delivery of termination notices to individual employees.

(j) Notwithstanding the provisions of § 1-617.08 or § 1-624.02(d), the provisions of this chapter shall not be deemed negotiable.

(k) A personnel authority shall cause a 30-day termination notice to be served, no later than September 1 of each fiscal year, on any incumbent employee remaining in any position identified to be abolished pursuant to subsection (b) of this section.

(l) In the case of an agency which is subject to a management reform plan under subtitle B of title XI of the Balanced Budget Act of 1997, the authority provided by this section shall be exercised to carry out the agency’s management reform plan, and this section shall otherwise be implemented solely in a manner consistent with such plan.


(Mar. 3, 1979, D.C. Law 2-139, § 2408; as added Nov. 19, 1997, 111 Stat. 2181, Pub. L. 105-100, § 150(d); Oct. 21, 1998, 112 Stat. 2681-144, Pub. L. 105-277, § 144(b); Nov. 29, 1999, 113 Stat. 1522, Pub. L. 106-113, § 140(b); Nov. 22, 2000, 114 Stat. 2440, Pub. L. 106-522, § 129(b); Apr. 12, 2000, D.C. Law 13-91, § 107, 47 DCR 520; Apr. 7, 2006, D.C. Law 16-91, § 123, 52 DCR 10637.)

Prior Codifications

1981 Ed., § 1-625.7.

Section References

This section is referenced in § 7-1402.

Effect of Amendments

Public Law 106-113, in subsecs. (a), (b), (i), and (k), substituted “2000” for “1999”.

Public Law 106-522, in subsec. (a), substituted “September 30, 2000, and each subsequent fiscal year” for “September 30, 2000,”; in subsec. (b), substituted “February 1 of each year” for “February 1, 2000”; in subsec. (i), substituted “March 1 of each year” for “March 1, 2000”; and in subsec. (k), substituted “September 1 of each year” for “September 1, 2000”.

D.C. Law 13-91 validated a previously made technical amendment in the heading.

D.C. Law 16-91, in the section heading and par. (b), validated previously made technical corrections.

Emergency Legislation

For temporary (90 day) addition, see § 2 of District of Columbia Public Schools Teacher Reinstatement Emergency Act of 2010 (D.C. Act 18-425, May 26, 2010, 57 DCR 4773).

For temporary (90 day) addition of section, see § 2 of District of Columbia Public Schools Teacher Reinstatement Congressional Review Emergency Act of 2010 (D.C. Act 18-456, July 7, 2010, 57 DCR 6050).

Temporary Legislation

Section 2 of D.C. Law 18-216 required the Office of the Chief Financial Officer to submit to the Council a written determination on whether the District of Columbia Public Schools had a surplus in its fiscal year 2010 budget and if certain conditions were met, to require the District of Columbia Public Schools to take other actions.

Section 4(b) of D.C. Law 18-216 provides that the act shall expire after 225 days of its having taken effect.

References in Text

Subtitle B of Title XI of the Balanced Budget Act of 1997 is subtitle B of Title XI of Pub. L. 105-33, 111 Stat. 731.

Construction of Law

Construction of Law 12-124

Section 301 of D.C. Law 12-124 provided that: “Nothing in this act shall be construed as superseding the provisions of the National Capital Revitalization and Self-Government Improvement Act of 1997, approved August 5, 1997 (P.L. 105-33; 111 Stat. 712), except that section 11105(b)(3) of the Act is expressly superseded. Further, nothing in this act shall be construed as superseding the provisions of the District of Columbia Financial Responsibility and Management Assistance Act of 1995, approved April 17, 1995 (109 Stat. 97, D.C. Code § 47-391.01 et seq.) or of section 164 of the District of Columbia Appropriations Act, 1998, approved November 19, 1997 (Public Law 105-100; 111 Stat. 2160).”


§ 1–624.09. Severance pay.

(a) An employee separated pursuant to this subchapter shall be entitled to severance pay in accordance with subchapter XI of this chapter, except as provided in this section.

(b) Additional service credit shall be applied as follows:

(1) Four years for an employee who qualifies for veterans preference; and

(2) Three years for an employee who qualifies for District residency preference.

(c) The total severance pay received over an employee’s career in the District government shall not exceed 26 weeks of pay at the rate received immediately before separation.


(Mar. 3, 1979, D.C. Law 2-139, § 2409; as added June 10, 1998, D.C. Law 12-124, § 101(x)(3), 45 DCR 2464; Apr. 12, 2000, D.C. Law 13-91, §§ 108(c), 109(e), 47 DCR 520.)

Prior Codifications

1981 Ed., § 1-625.8.

Section References

This section is referenced in § 1-608.01a and § 1-609.58.

Effect of Amendments

D.C. Law 13-91 designated the former introductory paragraph as subsec. (a), and redesignated former par. (1) as subsec. (b), former subpar. (1)(A) as par. (b)(1), former subpar. (1)(B) as par. (b)(2), and former par. (2) as subsec. (c).

Emergency Legislation

For temporary (90 day) amendment of section, see § 2 of the Mental Retardation and Developmental Disabilities Administration Voluntary Severance Incentive Plan Emergency Act of 2000 (D.C. Act 13-548, January 11, 2001, 48 DCR 774).

Editor's Notes

Applicability of § 101(x) of D.C. Law 12-124: Section 401(a) of D.C. Law 12-124, as amended by § 60 of D.C. Law 12-264, provided that § 101(d), (k), (p), (s), and (x) of this act shall apply upon the enactment of legislation by the United States Congress that states the following: “Notwithstanding any other law, section 101(d), (k), (p), (s), and (x) of the Omnibus Personnel Reform Act of 1998, adopted by the Council of the District of Columbia is enacted into law.” Section 134 of Title I of Division C of Pub. L. 105-277, 112 Stat. 2681-596, provided that “Notwithstanding any other law, sections 101(d), (k), (p), (s), and (x) of the Omnibus Personnel Reform Amendment Act of 1998, D.C. Law 12-124, effective June 11, 1998, are enacted into law.”

Construction of Law

Construction of Law 12-124

Section 301 of D.C. Law 12-124 provided that nothing in the act shall be construed as superseding the provisions of the National Capital Revitalization and Self-Government Improvement Act of 1997, approved August 5, 1997 (Public Law 105-33; 111 Stat. 712), except that § 47-395.04(b)(3) is expressly superseded. Further, nothing in the act shall be construed as superseding the provisions of § 47-391.01 et seq. or of § 164 of the District of Columbia Appropriations Act, 1998, approved November 19, 1997 (Public Law 105-100; 111 Stat. 2160).