D.C. Mun. Regs. tit. 6, r. 6-B3102

Current through Register Vol. 71, No. 52, December 27, 2024

Rule 6-B3102 - DISCLOSURE OF OFFICIAL INFORMATION TO PERSONNEL AND LAW ENFORCEMENT AUTHORITIES

3102.1

It shall be the policy of the District Government to make personnel information in its possession or under its control available upon request to appropriate personnel and law enforcement authorities, except if such disclosure would constitute an unwarranted invasion of personal privacy or is prohibited by law or regulation.

3102.2

"Personnel Authority" means an individual with the authority to administer all or a portion of a personnel management program, including:

(a) The chain of command extending from the employee's immediate supervisor through the Mayor or an Independent Personnel Authority, as defined in subsection 3103.3 of this chapter; and

(b) Personnel staff which services the employee's agency.

3102.3

"Law Enforcement Authority" means a government official or agency whose duties or mission requires access to an employee's personnel record in order to oversee, audit, or enforce the execution of the personnel laws of the District of Columbia and laws of the United States. Law Enforcement Authorities include:

(a) The Council of the District of Columbia;

(b) Either House of Congress;

(c) An appropriate committee or subcommittee--jointly or of either House of Congress;

(d) The Inspector General of the District of Columbia;

(e) The Comptroller General of the United States;

(f) The District of Columbia Auditor;

(g) The U.S. Office of Personnel Management;

(h) To the extent required by a specific investigative or other law enforcement activity--

(1) District of Columbia government police agencies; and

(2) Federal police agencies;

(i) Any authorized representative of a law enforcement agency in the course of the performance of official duties;

(j) The D.C. Corporation Counsel; and

(k) To the extent required for the representation of the District government in labor litigation, the D.C. Office of Labor Relations and Collective Bargaining.

3102.4

The Office of Personnel or an Independent Personnel Authority may disclose, without prior consent of the data subject, specified information from a system of personnel records whenever such disclosure is pursuant to an order issued by any of the following:

(a) Grand Jury;

(b) Quasi-judicial agency; or

(c) Court of competent judisdiction, including the judicial system of the United States, the District of Columbia, or a state, territory, or a possession of the United States.

3102.5

Before complying or refusing to comply with the order, an official with authority to disclose records under these regulations shall consult legal counsel to ensure that the response is appropriate.

3102.6

The Office of Personnel, an Independent Personnel Authority, or an agency may disclose, without the prior consent of the individual, specified information from a system of records whenever such disclosure is pursuant to a subpoena issued in connection with a judicial or administrative proceeding.

3102.7

Before responding to a subpoena, an official with authority to disclose records under these regulations shall consult, as appropriate, with legal counsel to ensure that--

(a) The requested materials are not privileged and are relevant to the subject matter of the related judicial or administrative proceeding;

(b) Motion is made to quash or modify a subpoena that is unreasonable or oppressive;

(c) Motion is made for a protective order where necessary to restrict the use or disclosure of any information furnished for purposes other than those of the judicial or administrative proceeding; or

(d) Request is made for an extension, if needed, of the time allowed for response.

3102.8

If a subpoena for production of documents requests the appearance of an Office of Personnel or Independent Personnel Authority employee who is to bring those documents, the response shall be to have that employee bring certified copies of the appropriate records to the requesting party. In no event shall original documents be released from the physical control of a responsible Office of Personnel or Independent Personnel Authority employee.

3102.9

If oral testimony is sought by a subpoena, an explanation, which sets forth the testimony desired, shall be requested. The employee or former employee of the Office of Personnel who has been subpoenaed to provide material or information shall consult with legal counsel to determine the matters about which the employee may properly testify.

3102.10

In all situations concerning a subpoena or other demand for an employee of the Office of Personnel or an Independent Personnel Authority or agency to produce any material or testimony relating to information contained in the files of the Office of Personnel or Independent Personnel Authority or agency acquired as part of the employee's performance of his or her official duties, the employee shall not disclose the information without prior approval of the appropriate Office of Personnel or Independent Personnel Authority officials.

3102.11

If it is decided that the information or material should not be provided, the employee or former employee subpoenaed shall respectfully decline to comply with the demand on the basis of instructions from the appropriate Office of Personnel or Independent Personnel Authority official.

3102.12

When the subpoenaed records (or a portion thereof) are Federal personnel records subject to the Privacy Act, the disclosing official of the Office of Personnel or Independent Personnel Authority shall--

(a) Forward the Federal personnel record and a copy of the subpoena to the U.S. Office of Personnel Management;

(b) Notify the judicial or other authority issuing the subpoena that this action has been taken because the authority to disclose Federal personnel records rests with the U.S. Office of Personnel Management;

(c) Notify the individual of the subpoena's issuance and the steps taken under (a) and (b) above.

3102.13

Personnel records subject to these regulations may be disclosed to all Personnel Authorities.

3102.14

Personnel records subject to these regulations may be disclosed to an authorized law enforcement authority, as defined by subsection 3102.3 of this chapter, without the prior concurrence of the employee, as follows:

(a) When the head of the agency or instrumentality has made a written request to the agency which maintains the records, specifying the particular portion desired and the law enforcement activities for which the record is sought.

(b) Disclosure may be made only while the record remains in the physical possession of the agency or agency representative which maintained the record and after consultation with legal counsel as provided in subsection 3102.7 above.

D.C. Mun. Regs. tit. 6, r. 6-B3102

Final Rulemaking published at 28 DCR 4288 (October 2, 1981); as amended by Final Rulemaking published at 48 DCR 5011 (June 1, 2001); as amended by Final Rulemaking published at 48 DCR 5824 (June 22, 2001)