CNA MOU Section 35: Reallocation of Position

Upon reclassification of filled positions the HRD Director shall determine whether the action constitutes an upward, lateral or downward movement of the level of the position.

(1)        Downward:  The incumbent will be assigned to a vacant position in the same department in the same classification previously held.  In lieu of reassignment, the incumbent may accept a demotion in the reallocated position.  If neither of these options are exercised, the layoff procedure in the Civil Service rules will be employed.

(2)        Lateral:  The status of the incumbent will remain unchanged in the classification to which the position is reallocated.

(3)        Upward:  The HRD Director will grant status to the incumbent when either:  1) there has been no essential change in the duties and responsibilities of the position during the individual’s incumbency; or 2) there has been a gradual change in the duties and the incumbent has satisfactorily performed the higher level tasks for at least six (6) months.  If neither of the conditions listed above exist, the incumbent may be transferred, demoted, laid off or compete for the reallocated position as specified in the Civil Service Rules.