5 C.F.R. Subpart K—Federal Employment Priority Consideration Program for Displaced Employees of the District of Columbia Department of Corrections
Title 5 - Administrative Personnel
Title 5: Administrative Personnel
PART 330—RECRUITMENT, SELECTION, AND PLACEMENT (GENERAL)
Subpart K—Federal Employment Priority Consideration Program for Displaced Employees of the District of Columbia Department of Corrections
Source: 63 FR 41387, Aug. 4, 1998, unless otherwise noted.
§ 330.1101 Purpose.
A displaced employee of the District of Columbia (DC) Department of Corrections (DOC) who is separated from his/her position as a result of the closure of the Lorton Correctional Complex, and who has not been appointed to a permanent Federal Bureau of Prisons law enforcement position, is entitled to priority consideration for other Federal vacancies when he/she applies and is found qualified.
[66 FR 6428, Jan. 22, 2001]
§ 330.1102 Duration.
This program terminates 1 year after the closing of the Lorton Correctional Complex.
[66 FR 6429, Jan. 22, 2001]
§ 330.1103 Definitions.
For purposes of this subpart:
(a) Agency means an Executive Department, a Government corporation, and an independent establishment as cited in 5 U.S.C. 105. For the purposes of this program, the term “agency” includes all components of an organization, including its Office of Inspector General.
(b) Displaced employee means a current or former employee of the District of Columbia Department of Corrections who has received a specific reduction in force (RIF) separation notice as a result of the closure of the Lorton Correctional Complex.
(c) Priority consideration means that a displaced DC DOC employee eligible under this subpart who applies for a vacancy and is determined to be qualified, is accorded similar priority and order of selection as an eligible current or former displaced Federal employee under 5 CFR part 330, subpart G—Interagency Career Transition Assistance for Displaced Employees. Actions which are exempt from the requirements of 5 CFR part 330 subpart G will also be exempt from the requirements of this subpart. Agencies must follow the order of selection in §330.705(a) in filling vacancies in the Federal Government with candidates from outside their own workforce. DC DOC employees are eligible for this priority consideration without regard to any geographical restrictions.
(d) Qualified means an eligible employee who:
(1) Possesses the knowledge, skills, and abilities which meet the basic qualification standards and eligibility requirements for the position, including any medical qualifications, suitability, citizenship, minimum educational and experience requirements, and any applicable selective factors;
(2) Is physically qualified, with reasonable accommodation where appropriate, to perform the essential duties of the position;
(3) Meets any special qualifying condition(s) that OPM has approved for the position; and
(4) Is able to satisfactorily perform the duties of the position upon entry.
(e) Vacancy means any competitive service position, including non-law enforcement positions in the Federal Bureau of Prisons, to be filled for a total of 121 days or more, including all extensions, regardless of whether the agency issues a specific vacancy announcement. This program does not apply to law enforcement positions covered by the Federal Bureau of Prisons Priority Consideration Program.
[63 FR 41387, Aug. 4, 1998, as amended at 66 FR 6429, Jan. 22, 2001; 67 FR 6639, Feb. 13, 2002]
§ 330.1104 Eligibility.
(a) To be eligible for priority consideration, an employee of the DC DOC must:
(1) Be in receipt of a RIF separation notice, or a similar notice of non-disciplinary termination from the Management Supervisory Service, issued by the DC Department of Corrections in connection with the closure of the Lorton Correctional Complex.
(2) Have not been appointed to a permanent Federal Bureau of Prisons law enforcement position;
(3) Apply for a vacancy within the time frames established by the agency, and include proof of eligibility;
(4) Be found qualified for the specific vacancy.
(b) Eligibility for priority consideration begins: on the date the DC DOC employee receives or is issued a specific RIF separation notice, or a similar notice of non-disciplinary termination from the Management Supervisory Service (MSS), issued by the DC DOC due to the closure of the Lorton Correctional Complex.
(c) Eligibility expires:
(1) One year after the closing of the Lorton Correctional Complex;
(2) When the DC DOC employee is no longer being separated by RIF, or by similar non-disciplinary termination from the Management Supervisory Service, due to the closure of the Lorton Correctional Complex;
(3) When the DC DOC employee receives a career, career-conditional, or excepted appointment without time limit in any Federal agency at any grade level;
(4) When the DC DOC employee voluntarily separates by resignation or retirement prior to the RIF effective date or the non-disciplinary MSS termination date;
(5) When the DC DOC employee is separated by a non-RIF involuntary separation or disciplinary or other MSS termination not related to the closure of the Lorton correctional complex; or
(6) Eligibility within a specific agency may terminate if the employee:
(i) Declines a permanent appointment, at any grade level, offered by the agency (whether competitive or excepted) when the employee applied and was found qualified; or
(ii) Fails to respond within a reasonable period of time to an offer or official inquiry of availability from the agency for a permanent appointment, at any grade level, offered by the agency (whether competitive or excepted) when the employee applied and was found qualified.
[63 FR 41387, Aug. 4, 1998, as amended at 66 FR 6429, Jan. 22, 2001; 67 FR 6639, Feb. 13, 2002]
§ 330.1105 Selection.
(a) If two or more individuals eligible for priority under subpart G of this part (the Interagency Career Transition Assistance Plan), under subpart K of this part (Federal Employment Priority Consideration for Displaced Employees of the District of Columbia Department of Corrections), and/or under subpart L of this part (Interagency Career Transition Assistance for Displaced Former Panama Canal Zone Employees) apply for a vacancy and are eligible for priority, the agency has the discretion to select any of the individuals.
(b) Agencies will conduct a documented, independent second review whenever an otherwise eligible employee fails to meet the “qualified” requirement. The applicant must be advised in writing of the results of the second review.
[66 FR 6429, Jan. 22, 2001]
§ 330.1106 Appointment.
(a)(1) Selectees under this subpart receive noncompetitive appointments to the competitive service under the authority of Public Law 105–274, enacted October 21, 1998.
(2) Agencies must retroactively and noncompetitively convert or correct any excepted appointments made under section 11203(b) of Public Law 105–33 to competitive service appointments under Public Law 105–274. For employees appointed before October 21, 1998, the conversion will be effective on October 21, 1998. For employees appointed on or after October 21, 1998, agencies must correct the record to reflect competitive service appointment as of the original appointment date.
(b) Eligibility for appointment under this subpart expires 1 year after the closing of the Lorton Correctional Complex.
[66 FR 6429, Jan. 22, 2001]
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