(a) Notwithstanding any other provision of this subchapter, a personnel authority may authorize the placing of an employee on annual leave or leave without pay, as provided in this section, if:
(1) A determination has been made that the employee utilized fraud in securing his or her appointment or that he or she falsified official records;
(2) The employee has been indicted on, arrested for, or convicted of a felony charge (including conviction following a plea of nolo contendere); or
(3) The employee has been indicted on, arrested for, or convicted of any crime (including conviction following a plea of nolo contendere) that bears a relationship to his or her position; except that no such relationship need be established between the crime and the employee's position in the case of uniformed members of the Metropolitan Police Department or correctional officers in the D.C. Department of Corrections.
(b) Prior to placing an employee on enforced leave pursuant to this section, an employee shall initially be placed on administrative leave for a period of 5 work days, followed by enforced annual leave or, if no annual leave is available, leave without pay. The employee shall remain in this status until such time as an action in accordance with regulations issued pursuant to § 1-616.51, taken as a result of the event that caused this administrative action, is effected or a determination is made that no such action in accordance with regulations issued pursuant to § 1-616.51 will be taken.
(c) An employee to be placed on enforced leave shall be provided with a written notice proposing that action during the 5-day period of administrative leave. To ensure receipt within the 5-day period, the initial delivery of notice may be accomplished either in person or by reading the notice to the employee over the telephone prior to actual delivery of the written notice.
(d) A written notice issued pursuant to this section shall inform the employee of the following:
(1) The reasons for the proposed enforced leave;
(2) The beginning and ending dates of administrative leave;
(3) The beginning date of the proposed enforced leave;
(4) His or her right to respond, orally or in writing, or both, to the notice; and
(5) His or her right to be represented by an attorney or other representative.
(e) Within the 5-day administrative leave period, the employee's explanation, if any, and statements of any witnesses shall be considered and a written decision shall be issued by the personnel authority.
(f) If a determination is made to place the employee on annual leave or leave without pay, the decision letter shall inform him or her of the placement on enforced leave, the date the leave is to commence, his or her right to grieve the action within 10 days of receipt of the written decision letter, and if the enforced leave lasts 10 or more days, his or her right to file an appeal with the Office of Employee Appeals within 30 days of the effective date of the appealed agency action.
(g) If the basis for placing an employee on enforced leave pursuant to this section does not result in the taking of a disciplinary action pursuant to § 1-616.52 (or, in the case of an incumbent of a statutory position, the employee is not disciplined or removed in accordance with the provisions of the statute establishing the position), any annual leave or pay lost as a result of this administrative action shall be restored retroactively.
CREDIT(S)
(Mar. 3, 1979, D.C. Law 2-139, § 1654, as added June 10, 1998, D.C. Law 12-124, § 101(s), 45 DCR 2464; Apr. 20, 1999, D.C. Law 12-264, § 5(c), 46 DCR 2118; May 18, 2004, D.C. Law 15-162, § 2(b), 51 DCR 3628.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-617.54.
Effect of Amendments
D.C. Law 15-162 rewrote subsec. (f) which had read as follows:
“(f) If a determination is made to place the employee on annual leave or leave without pay, the decision letter shall inform him or her of the placement on enforced leave, the date the leave is to commence, and his or her right to grieve the action within 10 days of receipt of the written decision letter.”
Legislative History of Laws
For legislative history of D.C. Law 12-124, see Historical and Statutory Notes following § 1-603.01.
For legislative history of D.C. Law 12-264, see Historical and Statutory Notes following § 1-603.01.
Law 13-49, the “Criminal Code and Clarifying Technical Amendments Act of 1999,” was introduced in Council and assigned Bill No. 13-61, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on March 2, 1999, and April 13, 1999, respectively. Signed by the Mayor on May 13, 1999, it was assigned Act No. 13-69 and transmitted to both Houses of Congress for its review. D.C. Law 13-49 became effective on October 19, 1999.
For Law 15-162, see notes following § 1-606.03.
Delegation of Authority
Delegations and sub-delegations of authority--Director of Personnel, Chief of Police, and Agency Heads--Rescission of Mayor's Orders 80-78, 92-114, 99-79 and Deletion of Part I of Mayor's Order 97-88, see Mayor's Order 2000-83, May 30, 2000 (47 DCR 4956).
Miscellaneous Notes
Applicability of § 101(s) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-616.51.