239

239.1 To better support the provision of services to District residents, businesses, and visitors, the District of Columbia government welcomes volunteers to augment governmental programs and services to the greatest extent possible.239.2 An agency may establish a volunteer program and accept volunteer services to:- (a) Supplement existing programs and services that are staffed by District government employees by providing services for roles that are not yet filled, or duties that are not being carried out, by employees;

- (b) Create a government service that would not otherwise be available with existing programs or resources;

- (c) Temporarily cover a District government employee's duty during the employee's temporary absence; and

- (d) Temporarily provide regular District government employee duties to address temporary workload increase or to temporarily assist with an existing work backlog.239.3 An agency shall not accept regularly scheduled volunteer services from an employee of the agency if the volunteer services to be provided by the employee would be the same type of work the employee performs as part of their normal work duties for the agency.239.4 To be eligible to perform volunteer services for the District of Columbia, an individual must:- (a) Be age fourteen (14) or older (with parental consent required for volunteers under age eighteen (18));

(b) Be qualified to carry out the specific duties and responsibilities of the anticipated volunteer services, including but not limited to any applicable physical and mental health requirements established pursuant to Chapter 20 of this subtitle;

(c) Be able to carry out the volunteer services without a conflict of interest or the appearance of a conflict as specified in Section 4(a) of the Volunteer Services Act of 1977, effective June 28, 1977 (D.C. Law 2-12; D.C. Official Code § 1-319.03) and Chapter 18 of this subtitle;

(d) Be able to successfully undergo any suitability checks required under Chapter 4 of this subtitle;

(e) Not be precluded from performing volunteer services by law; and

(f) Be advised of the scope of their volunteer duties and agree, in writing, to perform such duties according to the terms and conditions established by the agency and these rules.

239.5 To provide volunteer services, an eligible individual must apply to the agency for which they will perform volunteer services.

239.6 After an agency selects an individual to provide volunteer services for the agency, the agency and the volunteer shall execute a volunteer services agreement. The agreement shall include:

(a) The nature and scope of the volunteer service(s) to be performed;

(b) The District government employee who will serve as the volunteer's supervisor; and

(c) Notices informing the volunteer that they:

(1) Are subject to the employee conduct rules established at Chapter 18 of this subtitle;

(2) Are prohibited from engaging in political activity as specified for employees under Sections 3 and 4 of the Prohibition on Government Employee Engagement in Political Activity Act of 2010, effective March 31, 2011 (D.C. Law 18-335; D.C. Official Code §§ 1-1171.02–1-1171.03);

(3) Are prohibited from undertaking matters where they have a conflict of interest as specified in Section 4(a) of the Volunteer Services Act of 1977, effective June 28, 1977 (D.C. Law 2-12; D.C. Official Code § 1-319.03(a)) while engaged in volunteer service;

(4) Are not eligible for any employee benefits, including health, life, retirement, unemployment compensation, leave accruals, and collective bargaining; and

(5) Serve at the pleasure of the agency, and that their service may be terminated for any reason whatsoever, at any time, and such termination is neither grievable nor appealable.

239.7 An agency shall use volunteer service applications, agreement forms, and procedures published by the Director of the Department of Human Resources.

239.8 To the extent feasible, an agency shall assign

each volunteer to a District government employee or staff member(s) designated by the agency who shall:

(a) Determine and monitor the days and hours when volunteer services shall be performed;

(b) Assign specific duties and tasks to the volunteer;

(c) Supervise and control the volunteer's activities;

(d) Provide informal performance feedback; and

(e) Sign or approve any pertinent forms for the volunteer, such as for community service hours required by a court, for high school graduation, or merit badges.

239.9 An agency shall not use volunteer services directly or indirectly to support a reduction in force action under Chapter 24 of this subtitle, or to otherwise displace any actual employees.

239.10 A volunteer shall be covered under the following provisions:

(a) Chapter 4 (Suitability) of this subtitle;

(b) Chapter 20 (Health) of this subtitle;

(c) Title XXIII of the Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-623.01 et seq.); and

(d) The District of Columbia Employee Non-Liability Act, approved July 14, 1960 (74 Stat. 519; D.C. Official Code § 2-411 et seq.).

239.11 A volunteer shall not engage in political activity as prohibited for employees under Sections 3 and

4 of the Prohibition on Government Employee Engagement in Political Activity Act of 2010, effective March 31, 2011 (D.C. Law 18-335; D.C. Official Code §§ 1-1171.02–1-1171.03).

239.12 Notwithstanding the definition of “employee” set forth in § 299, and to the extent practicable, a volunteer shall be considered an employee for purposes of:

(a) Chapter 18 (Employee Conduct) of this subtitle;

(b) Chapter 31 (Records Management and Privacy of Records) of this subtitle; and

(c) Chapter 40 (Travel Expenses) of this subtitle

SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021); as amended by Final Rulemaking published at 72 DCR 010413 (September 26, 2025).