§ 1–613.51. Performance management system established.
There is established a comprehensive performance management system designed to:
(1) Inform employees of work expectations;
(2) Hold employees accountable for their performance, which shall include a direct relationship between the rating received pursuant to § 1-613.52 and the receipt of any periodic step increase or of any performance based increase that may be established under the compensation system authorized by subchapter XI;
(3) Objectively evaluate employees’ work performance based on criteria that have been made known to the employees;
(4) Improve employee performance through training;
(5) Recognize employee accomplishment; and
(6) Include customer satisfaction as an evaluation factor.
(Mar. 3, 1979, D.C. Law 2-139, § 1351; as added June 10, 1998, D.C. Law 12-124, § 101(p), 45 DCR 2464; Apr. 12, 2000, D.C. Law 13-91, § 103(q), 47 DCR 520; June 24, 2000, D.C. Law 13-131, § 2(a), 47 DCR 2692.)
Prior Codifications
1981 Ed., § 1-614.51.
Effect of Amendments
D.C. Law 13-131 rewrote subd. (2), which previously read:
“Hold employees accountable for their performance, which shall include the requirement that an employee receive a rating of either ‘achieved expectations’ or ‘exceeded expectations’ pursuant to § 1-614.52 for the rating period immediately prior to the due date for a periodic step increase to be able to receive that step increase, and that each failure to achieve the required rating shall result in the due date for the step increase being delayed for an additional year;”.
Emergency Legislation
For temporary (90-day) amendment of section, see § 2(a) of the Performance Rating Levels Emergency Amendment Act of 1999 (D.C. Act 13-206, December 8, 1999, 46 DCR 10468).
For temporary (90-day) amendment of section, see § 2(a) of the Performance Rating Levels Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-275, March 7, 2000, 47 DCR 2013).
Temporary Legislation
For temporary (225 day) amendment of section, see § 2(a) of Performance Rating Levels Temporary Amendment Act of 1999 (D.C. Law 13-85, April 12, 2000, law notification 47 DCR 2642).
Editor's Notes
Applicability of § 101(p) 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.”
Delegation of Authority
Delegation of Personnel Authority and Hiring of Employees Pursuant to the National Capital Revitalization Corporation and Anacostia Waterfront Corporation Reorganization Clarification Emergency Act of 2007, effective July 20,2007 (D.C. Act 17-71), see Mayor’s Order 2007-182, August 8, 2007 ( 54 DCR 11616).
Delegation of Personnel Authority and Hiring of Employees Pursuant to the National Capital Revitalization Corporation and Anacostia Waterfront Corporation Reorganization Clarification Emergency Act of 2007, D.C. Act 17-71, effective July 20, 2007, see Mayor’s Order 2007-195, August 24, 2007 ( 54 DCR 11633).
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).
§ 1–613.52. Performance management system.
The performance management system shall provide for:
(1) The development of individual performance plans for all employees;
(2) Ratings based on one or more of the following performance management components:
(A) Standards;
(B) Objectives;
(C) Real-time tasks and assignments; and
(D) Competencies;
(3) Up to 5 rating levels, the highest of which shall constitute an outstanding performance rating for purposes of § 1-624.02(b)(3) and the lowest of which shall constitute an unacceptable performance rating for purposes of § 1-624.02(b)(4);
(4) A rating process, with (at a minimum) annual evaluations which may include input from citizens, customers, peers, the employee, subordinates, and supervisors;
(5) A removal and reconsideration process, which may include the alternatives of reassignment and demotion; and
(6) An opportunity to demonstrate an improvement in performance during the reconsideration process.
(Mar. 3, 1979, D.C. Law 2-139, § 1352; as added June 10, 1998, D.C. Law 12-124, § 101(p), 45 DCR 2464; June 24, 2000, D.C. Law 13-131, § 2(b), 47 DCR 2692.)
Prior Codifications
1981 Ed., § 1-614.52.
Section References
This section is referenced in § 1-613.51.
Effect of Amendments
D.C. Law 13-131 rewrote subd. (3), which previously read:
“Rating levels of:
“(A) Exceeds expectations (outstanding);
“(B) Achieved expectations;
“(C) Below expectations; and
“(D) Failed expectations (unacceptable);”.
Emergency Legislation
For temporary (90-day) amendment of section, see § 2(b) of the Performance Rating Levels Emergency Amendment Act of 1999 (D.C. Act 13-206, December 8, 1999, 46 DCR 10468).
For temporary (90-day) amendment of section, see § 2(b) of the Performance Rating Levels Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-275, March 7, 2000, 47 DCR 2013).
Temporary Legislation
For temporary (225 day) amendment of section, see § 2(b) of Performance Rating Levels Temporary Amendment Act of 1999 (D.C. Law 13-85, April 12, 2000, law notification 47 DCR 2642).
Editor's Notes
Applicability of § 101(p) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-613.51.
§ 1–613.53. Transition provisions.
(a) Until regulations are issued by the Mayor, the Board of Education and the Board of Trustees of the University of the District of Columbia to implement the provisions of this subchapter for their respective employees, the performance evaluation systems in effect on June 10, 1998, shall continue in effect.
(b) Notwithstanding any other provision of law or of any collective bargaining agreement, the implementation of the performance management system established in this subchapter is a non-negotiable subject for collective bargaining.
(Mar. 3, 1979, D.C. Law 2-139, § 1353; as added June 10, 1998, D.C. Law 12-124, § 101(p), 45 DCR 2464.)
Prior Codifications
1981 Ed., § 1-614.53.
Editor's Notes
Applicability of § 101(p) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-613.51.