239 VOLUNTEERS

239.1 To better support the provision of services to District residents, businesses, and visitors, the Office of the Attorney General (“OAG”) welcomes volunteers to augment OAG’s programs and services to the greatest extent possible.

239.2 OAG accepts volunteer services to:

(a) Supplement existing programs and services that are staffed by OAG employees by providing services for roles that are not yet filled, or duties that are not being carried out, by employees;

(b) Create an OAG service that would not otherwise be available with existing programs or resources;

(c) Temporarily cover an OAG employee’s duty during the employee’s temporary absence; and

(d) Temporarily perform regular OAG employee duties to address temporary workload increase or to temporarily assist with an existing work backlog.

239.3 OAG shall not:

(a) Accept regularly scheduled volunteer services from an employee of OAG 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 OAG; or

(e) Use a volunteer to fill any authorized position or to perform any service which is currently being performed by an employee of OAG.

239.4 To be eligible to perform volunteer services for OAG, an individual shall:

(f) Be age fourteen (14) or older (with parental consent required for volunteers under age eighteen (18));

(g) 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 Subtitle B;

(h) 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 Subtitle B;

(i) Successfully undergo any suitability checks required under Chapter 4 of Subtitle B;

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

(k) 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 these rules.

239.5 To provide volunteer services, an eligible individual must submit an application to OAG.

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

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

(m) The OAG employee who will serve as the volunteer's supervisor; and

(n) Notices informing the volunteer that they:

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

(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 OAG, and that their service may be terminated for any reason whatsoever, at any time, and such termination is neither grievable nor appealable.

239.6 OAG shall develop volunteer service applications, agreement forms, and the

procedures to be used in its volunteer services program.

239.7 OAG shall assign each volunteer to an OAG employee or staff member(s) 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 for merit badges.

239.9 OAG shall not use volunteer services directly or indirectly to support a reduction in force action under Chapter 24 of Subtitle B, or to otherwise displace any employee.

239.10 A volunteer shall be covered under the following provisions:

(a) Chapter 4 (Suitability) of Subtitle B;

(b) Chapter 20 (Health) of Subtitle B;

(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 except where it would be impracticable to apply a provision to an individual who is not a salaried or wage employee or where doing so would be incompatible with the provision, a volunteer shall be considered an employee for purposes of:

(a) Chapter 18 (Employee Conduct) of Subtitle B;

(b) Chapter 31 (Records Management and Privacy of Records) of Subtitle B; and

(c) Chapter 40 (Travel Expenses) of Subtitle B.

SOURCE: Final Rulemaking published at 69 DCR 004169 (April 29, 2022); as amended by Final Rulemaking published at 72 DCR 011549 (October 17, 2025).