November 2011

Senior Field Representative
Mary Blanco

Assignment to Higher Level Position

A corporal called requesting information on a work situation. He stated he had worked as a watch commander for an entire year. He enjoyed the position and didn’t mind helping out. However, he later noticed that all the other watch commanders were sergeants. The station had a vacant sergeant position, but had opted not to fill it. He was the only corporal working as a watch commander, but wasn’t receiving the higher level compensation. He wasn’t sure if he had any recourse. I knew we had an article in the Safety Unit Memorandum of Understanding (MOU). I reviewed it to see what this corporal’s options were, if any.

The applicable article is titled “Assignment to a Higher Level Position.” It states that members directed to continuously perform duties in a vacant higher level position for which funds have been appropriated shall be entitled to compensation on the higher level for the time actually worked in excess of sixty (60) work days in a one hundred twenty (120) work days corridor unless specifically waived by the member, provided, however:

1. The appointing authority certifies to the County Administrative Officer (CAO) in writing at the time of appointment that the employee is assigned and held responsible to fully perform all of the duties normally associated with the higher- level classification without limitation as to difficulty or complexity of assignments or consequence of action and that the employee shall be required to meet standards for satisfactory performance normally required at the higher-level classification.
2. A written request of compensation at the higher-level classification is directed to the CAO through the Human Resources Department for approval. It shall be the responsibility of the appointing authority to initiate such requests and whenever possible to anticipate need for reassignment to a higher-level classification. Written requests may also be made by the employee or the exclusive recognized employee organization in the same manner. A copy of the written request for compensation at the higher-level classification and the certification of the assignment of duties shall be provided to the employee. The employee shall be advised of the date compensation at the higher level is to be effective.

This article further states, “No employee shall be required to accept assignments to continuously perform the duties of a vacant higher-level position for which funds have been appropriated unless directed in writing by the appointing authority or supervisor with the delegated authority.” However, SEBA always tells its members to “obey now and grieve later.” Therefore, if you are directed to perform the duties, obey the order, and then contact your field representative as soon as possible. The field representative will assist you in resolving this issue informally, or if necessary, in the filing of a grievance. SEBA does not want you to be charged with insubordination for failing to obey an order!

Employees may be temporarily assigned higher or lower duties without a change in pay and such action not be deemed as a basis for transfer, demotion, promotion, or reclassification. In all cases where periodic or regular variations in assignments occur because of seasonal needs or because of the nature of the duties or the work schedule, such variations shall be considered as incidental to the position.

Approval of the higher salary may not be retroactive unless approved by the Director of Human Resources and unless a request for compensation at the higher-level classification is made within twenty (20) work days following the sixty (60) working day period. In no event shall additional compensation be paid for the first sixty (60) days worked. Requests approved for compensation at the higher-level classification shall be governed by the Personnel Rule on Provisional Appointments as to the duration of approval and eligibility requirements for compensation at the higher-level classification and as to continuation of the appointment.

It is the responsibility of all parties including department heads and other supervisory personnel to follow the procedures set forth in this Article and promptly report unauthorized situations covered by this Article to the CAO.

For purposes of this Article, a vacant position is defined as an authorized position for which funds have been appropriated and allocated to an existing job classification based upon the duties and responsibilities currently assigned to the position and which may be:

1. An unoccupied position due to attrition and for which the Civil Service appointment process has been initiated.
2. A new position authorization by Board of Supervisors budgetary action for which the Civil Service appointment process has been initiated.
3. A position from which the incumbent is on extended authorized leave of absence.

This is the first time anyone from the safety unit has inquired on this article. I believe it is a sign of the economic times. The Sheriff’s Department is trying to achieve salary savings by not filling positions as members leave. However, it appears that by doing so, the Department is requiring members to work at a higher level, but not providing the higher level compensation as agreed to in this article.

If you have any questions on this article, please contact your field representative.