(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.)

1981 Ed., § 1-625.2.

1973 Ed., § 1-354.2.

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

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”.

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).

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.

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);’.”