2013 District of Columbia Code
Division VIII — GENERAL LAWS
Title 44 — CHARITABLE AND CURATIVE INSTITUTIONS
Subtitle I — HEALTH RELATED INSTITUTIONS
Chapter 9A — NOT-FOR-PROFIT HOSPITAL CORPORATION
Section 44-951.08 — Personnel administration.
(a) Chapter 6 of Title 1 shall not apply to employees of the Corporation.
(b) Within 6 months of the first meeting of the Board, the Corporation shall promulgate policies, practices, and procedures relating to terms and conditions of employment for personnel employed by the Corporation. Until the Corporation establishes a personnel system subject to applicable laws, the personnel system of the United Medical Center existing the day prior to September 14, 2011, shall continue to apply to the Corporation and its employees.
(c) Subject to federal and District law, the Corporation shall assume and be bound by all personnel contracts and existing collective bargaining agreements with labor organizations that represent employees transferred to the Corporation.
(d) This section shall not to [sic] be construed to limit the right of the Board to reorganize, restructure, reclassify, or eliminate positions.
(e) The Corporation shall give a hiring preference to qualified District residents.
(f) The Corporation shall have independent personnel authority, including the authority to establish its own personnel system, and shall not be subject to Chapter 6 of Title 1 or its implementing regulations.
(g) The Corporation, with advice from the CEO, shall develop a personnel system that includes rules prohibiting an employee from having a direct or indirect financial interest that conflicts with, or would appear to conflict with, the fair, impartial, and objective performance of the employee's assigned duties and responsibilities.
(h) The Board members and the CEO shall not have any interest, direct or indirect, as principal, surety, or otherwise in contract, where the expense or consideration of the contract is payable from Corporation funds.
(i) The Corporation may retain an independent contractor to deliver hospital services, except for financial services provided by the Office of the Chief Financial Officer. As part of the hospital services a contractor provides, the contractor may manage, supervise, evaluate, and propose disciplinary action for government hospital employees, except for employees reporting to the Chief Financial Officer of the District of Columbia, subject to the following limitations:
(1) The Corporation determines, in writing, that the contractor is providing services to the Corporation and that it is necessary for the operation of the hospital, or an affected department of the Hospital, for the contractor to supervise, manage, evaluate, and propose disciplinary action for the affected employees.
(2) In exercising authority to supervise, manage, evaluate, and propose disciplinary action, the contractor shall comply with all Hospital human resource policies, personnel contracts, and collective-bargaining agreements.
(3) A contractor's proposal for disciplinary action shall not become final unless approved by the Chief Executive Officer of the Hospital.
(4) The Hospital shall not be responsible for the contractor's negligence or misconduct related to managing or supervising hospital employees.
(Sept. 14, 2011, D.C. Law 19-21, § 5119, 58 DCR 6226.)
Legislative History of Law 19-21. For history of Law 19-21, see notes under § 44-951.01.
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