LEU MOU Section 30: 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.

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

Lateral:  The status of the incumbent will remain unchanged in the class to which the position is reallocated.

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 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.