Common use of ACTING DUTY PAY Clause in Contracts

ACTING DUTY PAY. 3.1 The City Manager, or his/her designee, may appoint a Unit member to acting duty status to perform the duties of a higher classification that is vacant, either permanently or temporarily, or newly created, subject to numbers 3.2 through 3.18 below. 3.2 A Unit member may serve in acting duty status only until such time as the City Manager, or his/her designee, makes a regular appointment to the classification or until such time that the incumbent employee returns to work. Only Unit members in good standing, e.g. not currently rated unsatisfactory, not currently on a work improvement plan, or not currently having disciplinary action pending or in effect, may be appointed to acting duty. To be eligible for an Acting Duty status, Unit members must meet the minimum qualifications of the job for the acting assignment 3.3 An acting duty appointment may be effective for a period of up to ninety (90) days, except for special circumstances as defined by the City Manager, or his/her designee. The City Manager, or his/her designee, may extend an acting duty appointment, at their sole discretion. Special circumstances include, but are not limited to, needing required licenses, certificates, or degrees, or needing certain training or abilities. 3.4 A Unit Member appointed to acting duty status shall be paid a rate not less than the minimum pay range for the acting classification. Acting duty pay shall be at least 10% more than the Unit member’s prevailing pay rate. 3.5 A Unit Member appointed to acting duty status shall not be paid more than the maximum pay rate in the pay range for the acting duty classification. 3.6 While serving in acting duty status a Unit member shall continue to receive any pay adjustments, advancements and fringe benefit increases granted to the Unit Member’s regular classification. These adjustments or advancements may cause a Unit member’s acting duty pay rate to increase correspondingly, if still under the maximum acting pay rate noted in this section 3.5 of Article III. 3.7 A Unit Member appointed to acting duty status shall receive Acting Duty Pay commencing only after serving in the acting duty position for forty (40) consecutive hours from the effective date of the acting assignment. 3.8 A Unit member has the right to refuse or discontinue any acting duty assignment with 72- hours written notice to the Unit member’s Director with a “cc” copy to the Human Resources Department Head. 3.9 A Unit member may be removed from any acting duty assignment for any reason, as determined by the City Manager, or his/her designee. 3.10 A Unit member may be appointed to an acting duty assignment while serving in their initial probationary period in the City service, at the discretion of the City Manager, or his/her designee. 3.11 Unit members that are appointed to acting duty in positions that are FLSA exempt from overtime, will not be subject to those provisions provided by the FLSA and will receive overtime compensation. 3.12 A Unit member shall not receive Acting Duty Pay during any approved leave or for any holiday except for those Unit members in a continuous acting assignment longer than one (1) year and even then not for any period of time greater than two (2) weeks in a calendar year. 3.13 The City shall not employ temporary or contract employees in any vacant or newly created budgeted position or for a temporary assignment where an acting appointment could be offered to a full time Unit member. However, the City Manager or his/her designee may employ a temporary or contract employee in an interim appointment position. 3.14 The City shall continue a citywide policy of rotating acting duty appointments, based on the following order: 1) from the current employment eligibility list, 2) from a list of qualified Unit members, within the respective division, in the immediately subordinate classification(s) of the vacant position, ranked by seniority, 3) from a list of qualified Unit members, within the respective work group, in the immediately subordinate classification(s) of the vacant position, ranked by seniority, 4) from a list of qualified Unit members, from outside the respective work group, in the immediately subordinate classification(s) of the vacant position, ranked by seniority. An acting appointment from outside the work group can only be made upon the approval of the Directors of the two affected work groups. The rotation of acting appointments should be used for all periods exceeding ninety (90) calendar days, unless extended by the City Manager or his/her designee. Upon completion of the acting assignment, the qualified Unit member will be placed at the bottom of the acting rotation list. For a Unit member that was previously not eligible for acting duty but subsequently becomes eligible, their name will be added to the rotation list in seniority order. Copies of acting duty rotation lists should be provided to both Human Resources and Payroll. Unit members may submit a statement of exception to the City Manager, or his/her designee, if the rotation of acting duty appointments as stated within this subsection is not followed. 3.15 A Unit member on an acting duty rotation list may only be by-passed by receipt of written memorandum from the Unit member’s Director to the Unit member stating the reasons for omission from this round of acting duty. Such notice shall be provided within one week. The memo shall state whether the Unit member is being placed on the bottom of the list i.e. to gain more experience, etc. or whether they are being left at the top of the rotating list for the next available acting assignment i.e. a shorter term acting assignment. A Unit member may not be removed from an acting duty eligibility list without their written permission. 3.16 When a Unit member is appointed to an acting position, his regular position will not be automatically filled by a subordinate employee in an acting capacity (cascading acting) unless the anticipated work load in that unit will be sufficient to warrant this action. This decision will be made in consultation with the division’s supervisors, manager and the work group’s Director. 3.17 The “Notification of Acting Appointment” form (Form 1201/1099), must be completed and authorized by both the City Manager, or his/her designee, and the Human Resources Department Head prior to the first day of the acting assignment, unless unforeseen circumstances occur which prevent such completion. 3.18 If a Unit member has served in an acting capacity long enough to satisfy the normal probation period, and if the Unit member is promoted into the position that he/she has been acting in, the probationary period shall be reduced to ninety (90) days.

Appears in 1 contract

Samples: Memorandum of Understanding

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ACTING DUTY PAY. 3.1 7.1 The City Manager, or his/her designee, Department Director may appoint a Unit member to acting duty status to perform the duties of a higher classification that is vacant, either permanently vacant or temporarily, or newly has been recently created, subject to numbers 3.2 through 3.18 belowif the vacancy exceeds 3 workdays. 3.2 7.2 A Unit member may serve in acting duty status only until such time as the City Manager, or his/her designee, makes a regular appointment to the classification or until such time that the incumbent employee Unit member returns to work. Only Unit members in good standing, e.g. not currently rated unsatisfactory, not currently on a work improvement plan, or not currently having disciplinary action pending or in effect, may be appointed to acting duty. To be eligible for an Acting Duty status, Unit members must meet the minimum qualifications of the job for the acting assignment. 3.3 7.3 An acting duty appointment may be effective for a period of up to ninety thirty (9030) days, days except for special unusual circumstances as defined by the City Manager, or his/her designee. The City Manager, or his/her designee, Manager may extend an acting duty appointment, at their sole discretion. Special circumstances include, but are not limited to, needing required licenses, certificates, or degrees, or needing certain training or abilities. 3.4 A 7.4 Effective March 29, 2014, a Unit Member member appointed to acting duty status shall be paid a pay rate not less than the minimum pay rate in the pay range for the acting duty classification. Acting , and such acting duty pay rate shall be at least ten percent (10% %) more than the Unit member’s prevailing pay raterate immediately prior to acquiring acting duty status. 3.5 7.5 A Unit Member appointed to acting duty status member shall not be paid more than the maximum pay rate in the pay range for the acting duty classification. 3.6 7.6 While serving in acting duty status a status, the Unit member shall continue to be eligible to receive any pay adjustments, adjustments or advancements and fringe benefit increases granted to the Unit Member’s regular classification. These adjustments or advancements may cause a Unit member’s acting duty pay rate to increase correspondingly, if still under the maximum acting pay rate noted in this section 3.5 of Article IIIpermanent classification. 3.7 7.7 A Unit Member member appointed to acting duty status shall receive Acting Duty Pay commencing only after serving in acting duty pay immediately upon assuming the acting duty position position, provided the assignment is for forty (40) consecutive hours from the effective date of the acting assignmentat least a scheduled work shift. 3.8 7.8 A Unit member has the right to refuse or discontinue any acting duty assignment, in writing, with justification. 7.9 A Unit member appointed to acting duty status can discontinue the acting duty assignment with 72- hours written notice to by notifying the immediate supervisor in writing one (1) week in advance of the Unit member’s Director with a “cc” copy intention to the Human Resources Department Headreturn to regular status. 3.9 7.10 A Unit member may be removed from any acting duty status after serving in the acting assignment for one (1) work week, at any reason, as determined by the City Manager, or his/her designee. 3.10 A Unit member may be appointed to an acting duty assignment while serving in their initial probationary period in the City servicetime, at the discretion of the City ManagerDepartment Director. Before removing the Unit member from acting duty appointment, the reasons for the removal shall be discussed with the Unit member and documented in writing. If the Unit member is not available to discuss the reasons for removal, they shall be discussed after removal or his/her designeeupon the Unit members return to work. 3.11 7.11 If a Unit members that are member in a subordinate classification is appointed to acting duty status in positions that are FLSA exempt from overtimea higher classification while a Unit member in a superior classification is bypassed, will the Unit member in the superior classification may submit a statement of exception to the appointing authority through the Director of Human Resources & Risk Management. This subsection shall not be subject to those provisions provided by the FLSA and will receive overtime compensationapply if an eligibility list under subsection 7.13 of this article was properly utilized. 3.12 A 7.12 If a Union represented Unit member is temporarily appointed to acting duty status to a position not represented by AFSCME, the Unit member shall not continue to receive Acting Duty Pay during any approved leave or for any holiday except for those the same fringe benefits at the same levels and rates as that Unit members in a continuous acting assignment longer than one (1) year and even then not for any period of time greater than two (2) weeks in a calendar yearmember received prior to the temporary assignment. 3.13 The City shall not employ temporary or contract employees in any vacant or newly created budgeted position or for a temporary assignment where an acting appointment could be offered to a full time Unit member. However, the City Manager or his/her designee may employ a temporary or contract employee in an interim appointment position. 3.14 7.13 The City shall continue a citywide policy of rotating acting duty appointments, appointments based on the following order: : 1) from From the current employment eligibility list, . 2) from From a list of qualified Unit membersemployees, within the respective division, in the immediately subordinate classification(s) of the vacant position, ranked by seniority, and if there is a tie in seniority, then by tenure. 3) from From a list of qualified Unit membersemployees, within the respective work groupdepartment, in the immediately subordinate classification(s) of the vacant position, ranked by seniority, and if there is a tie in seniority, then by tenure. 4) from From a list of qualified Unit membersemployees, from outside the respective work groupdepartment, in the immediately immediate subordinate classification(s) of the vacant position, ranked by seniority, and if there is a tie in seniority, then by tenure. An acting appointment from outside the work group department can only be made upon the approval of the Directors department directors of the two affected work groupsdepartments. The rotation of acting appointments should be used for all periods exceeding ninety (90) 30 calendar days, unless extended by the City Manager or his/her designee. If a Unit member is placed into acting for a period of less than 30 days, the Unit member will not be moved down on the rotation list until the Unit member has completed 30 days of acting duty (even if not consecutive). Upon completion of the 30 days of acting assignmentduty, the qualified Unit member will shall be placed at the bottom of the acting rotation list. For a Unit member that was previously not eligible for acting duty but subsequently becomes eligible, their name will be added to the rotation list in seniority order. Copies of acting duty rotation lists should be provided to both Human Resources , and Payrollif there is a tie in seniority, then by tenure. Unit members may submit a statement of exception to the City Manager, or his/her designee, if the rotation of acting duty appointments as stated within this subsection 7.13 is not followed. 3.15 . A Unit member on an rotation list for acting duty will be established and posted within each specific division for each vacant position and copies of acting duty rotation list may only be by-passed by receipt of written memorandum from the Unit member’s Director to the Unit member stating the reasons for omission from this round of acting duty. Such notice shall lists should be provided within one week. The memo shall state whether the Unit member is being placed on the bottom of the list i.e. to gain more experience, etc. or whether they are being left at the top of the rotating list for the next available acting assignment i.e. a shorter term acting assignment. A Unit member may not be removed from an acting duty eligibility list without their written permissionboth Human Resources and Payroll. 3.16 When a Unit member is appointed to an acting position, his regular position will not be automatically filled by a subordinate employee in an acting capacity (cascading acting) unless the anticipated work load in that unit will be sufficient to warrant this action. This decision will be made in consultation with the division’s supervisors, manager and the work group’s Director. 3.17 The “Notification of Acting Appointment” form (Form 1201/1099), must be completed and authorized by both the City Manager, or his/her designee, and the Human Resources Department Head prior to the first day of the acting assignment, unless unforeseen circumstances occur which prevent such completion. 3.18 7.14 If a Unit member has served in an acting capacity long enough to satisfy the normal probation period, and if the that Unit member is promoted into the position that he/she has been acting in, the probationary period shall be reduced to ninety (90) days. 7.15 The City will not employ temporary Unit members in any vacant budgeted position where an acting appointment may be offered to a full-time Unit member. 7.16 A Unit member in an acting duty appointment for sixty (60) days or longer, shall receive leave and holiday pay, at the acting rate for all such subsequent approved leaves and holidays that fall after the sixtieth (60th) day, provided that the position is not backfilled with another acting appointment.

Appears in 1 contract

Samples: Memorandum of Understanding

ACTING DUTY PAY. 3.1 The City Manager, or his/her designee, Manager may appoint a Unit member an employee to acting duty status to perform the duties of a higher classification that is vacant, either permanently or temporarily, a vacant or newly created, subject to numbers 3.2 through 3.18 belowcreated classification. 3.2 A Unit member An employee may serve in acting duty status only until such time as the City Manager, or his/her designee, Manager makes a regular appointment to the classification or until such time that as the incumbent employee returns to work. Only Unit members in good standing, e.g. not currently rated unsatisfactory, not currently on a work improvement plan, or not currently having disciplinary action pending or in effect, may be appointed to acting duty. To be eligible for an Acting Duty status, Unit members must meet the minimum qualifications of the job for the acting assignment. 3.3 An acting duty appointment may be effective for a period of up to ninety thirty (9030) days, except for special circumstances as defined by the City Manager, or his/her designee. The City Manager, or his/her designee, Manager may extend an acting duty appointment, appointment at their his/her sole discretion. Special circumstances include, but are not limited to, needing required licenses, certificates, or degrees, or needing certain training or abilities. 3.4 A Unit Member An employee appointed to acting duty status shall be paid at a pay rate not less than the minimum pay rate in the pay range for the acting duty classification. Acting , but such acting duty pay rate shall be at least 10% five percent (5%) more than the Unit memberemployee’s prevailing pay raterate immediately prior to acquiring acting duty status. 3.5 A Unit Member appointed to acting duty status An employee shall not be paid more than the maximum pay rate in the pay range for the acting duty classification. 3.6 While serving in acting duty status a Unit member status, the employee shall continue to be eligible to receive any pay adjustments, adjustments or advancements and fringe benefit increases granted to the Unit Memberemployee’s regular permanent classification. These adjustments or advancements may cause a Unit member’s acting duty pay rate to increase correspondingly, if still under the maximum acting pay rate noted in this section 3.5 of Article III. 3.7 A Unit Member An employee appointed to acting duty status shall receive Acting Duty Pay commencing only acting duty pay immediately upon assuming the acting duty position, provided the duration of the assignment is at least a scheduled work shift. 3.8 An employee has the right to refuse any acting duty assignment without justification, upon submittal of such in writing to the City Manager. 3.9 An employee appointed to acting duty status can discontinue the acting duty assignment by notifying his/her immediate supervisor in writing one (1) week in advance of the employee’s intention to return to regular status. 3.10 An employee may be removed from acting duty status after serving in the acting duty position for forty (40) consecutive hours from the effective date of the acting assignment. 3.8 A Unit member has the right to refuse or discontinue any acting duty assignment with 72- hours written notice to the Unit member’s Director with a “cc” copy to the Human Resources Department Head. 3.9 A Unit member may be removed from any acting duty assignment for one (1) workweek, at any reason, as determined by the City Manager, or his/her designee. 3.10 A Unit member may be appointed to an acting duty assignment while serving in their initial probationary period in the City servicetime, at the discretion of the City Manager, or his/her designee. 3.11 Unit members that are appointed to acting duty in positions that are FLSA exempt from overtime, will not be subject to those provisions provided by the FLSA and will receive overtime compensation. 3.12 A Unit member shall not receive Acting Duty Pay during any approved leave or for any holiday except for those Unit members in a continuous acting assignment longer than one (1) year and even then not for any period of time greater than two (2) weeks in a calendar year. 3.13 The City shall not employ temporary or contract employees in any vacant or newly created budgeted position or for a temporary assignment where an acting appointment could be offered to a full time Unit member. However, the City Manager or his/her designee may employ a temporary or contract employee in an interim appointment position. 3.14 The City shall continue a citywide policy of rotating acting duty appointments, based on the following order: 1) from the current employment eligibility list, 2) from a list of qualified Unit members, within the respective division, in the immediately subordinate classification(s) of the vacant position, ranked by seniority, 3) from a list of qualified Unit members, within the respective work group, in the immediately subordinate classification(s) of the vacant position, ranked by seniority, 4) from a list of qualified Unit members, from outside the respective work group, in the immediately subordinate classification(s) of the vacant position, ranked by seniority. An acting appointment from outside the work group can only be made upon the approval of the Directors of the two affected work groups. The rotation of acting appointments should be used for all periods exceeding ninety (90) calendar days, unless extended by the City Manager or his/her designee. Upon completion of the acting assignment, the qualified Unit member will be placed at the bottom of the acting rotation list. For a Unit member that was previously not eligible for acting duty but subsequently becomes eligible, their name will be added to the rotation list in seniority order. Copies of acting duty rotation lists should be provided to both Human Resources and Payroll. Unit members may submit a statement of exception to the City Manager, or his/her designee, if the rotation of acting duty appointments as stated within this subsection is not followed. 3.15 A Unit member on an acting duty rotation list may only be by-passed by receipt of written memorandum from the Unit member’s Director to the Unit member stating the reasons for omission from this round of acting duty. Such notice shall be provided within one week. The memo shall state whether the Unit member is being placed on the bottom of the list i.e. to gain more experience, etc. or whether they are being left at the top of the rotating list for the next available acting assignment i.e. a shorter term acting assignment. A Unit member may not be removed from an acting duty eligibility list without their written permission. 3.16 When a Unit member is appointed to an acting position, his regular position will not be automatically filled by a subordinate employee in an acting capacity (cascading acting) unless the anticipated work load in that unit will be sufficient to warrant this action. This decision will be made in consultation with the division’s supervisors, manager and the work group’s Director. 3.17 The “Notification of Acting Appointment” form (Form 1201/1099), must be completed and authorized by both the City Manager, or his/her designee, and the Human Resources Department Head prior to the first day of the acting assignment, unless unforeseen circumstances occur which prevent such completion. 3.18 If a Unit member has served in an acting capacity long enough to satisfy the normal probation period, and if the Unit member is promoted into the position that he/she has been acting in, the probationary period shall be reduced to ninety (90) days.

Appears in 1 contract

Samples: Memorandum of Understanding

ACTING DUTY PAY. 3.1 The City Manager, or his/her designee, may appoint a Unit member to acting duty status to perform the duties of a higher classification that is vacant, either permanently or temporarily, or newly created, subject to numbers 3.2 through 3.18 3.19 below. 3.2 To be eligible for an Acting Duty status, Unit members must meet the minimum qualifications of the job for the acting assignment. A Unit member may serve in acting duty status only until such time as the City Manager, or his/her designee, makes a regular appointment to the classification or until such time that the incumbent employee returns to work. Only Unit members in good standing, e.g. not currently rated unsatisfactory, not currently on a work improvement plan, or not currently having disciplinary action pending or in effect, may be appointed to acting duty. To be eligible for an Acting Duty status, Unit members must meet the minimum qualifications of the job for the acting assignment. 3.3 An acting duty appointment may be effective for a period of up to ninety (90) days, except for special circumstances as defined by the City Manager, or his/her designee. The City Manager, or his/her designee, may extend an acting duty appointment, at their sole discretion. Special circumstances include, but are not limited to, needing required licenses, certificates, or degrees, or needing certain training or abilities. 3.4 A Unit Member member appointed to acting duty status shall be paid a rate not less than the minimum pay range for the acting classification. Acting duty pay shall be at least 10% more than the Unit member’s prevailing pay rate. 3.5 A Unit Member member appointed to acting duty status shall not be paid more than the maximum pay rate in the pay range for the acting duty classification. 3.6 While serving in acting duty status a Unit member shall continue to receive any pay adjustments, advancements and fringe benefit increases granted to the Unit Member’s member's regular classification. These adjustments or advancements may cause a Unit member’s acting duty pay rate to increase correspondingly, if still under the maximum acting pay rate noted in this section 3.5 of Article III. 3.7 A Unit Member member appointed to acting duty status shall receive Acting Duty Pay commencing only after serving in acting duty pay immediately upon assuming the acting duty position position, provided the assignment is for forty at least one scheduled work week (40) 40 consecutive hours from the effective date of the acting assignmentwork hours). 3.8 A Unit member has the right to refuse or discontinue any acting duty assignment with 72- within 72-hours written notice to the Unit member’s Director with a “cc” copy to the Human Resources Department Head. 3.9 A Unit member may be removed from any acting duty assignment for any reason, as determined by the City Manager, or his/her designee. 3.10 A Unit member may be appointed to an acting duty assignment while serving in their initial probationary period in the City service, at the discretion of the City Manager, or his/her designee. 3.11 Unit members that are appointed to acting duty in positions that are FLSA exempt from overtime, will not be subject to those provisions provided by the FLSA and will receive overtime compensation. 3.12 A Unit member in an acting duty appointment shall not receive Acting Duty Pay during any approved leave or and holiday pay at the acting rate. The acting rate will only be paid for any holiday except for those actual hours worked by the Unit members member in a continuous the acting assignment longer than one (1) year and even then not for any period of time greater than two (2) weeks in a calendar yearduty appointment. 3.13 The City acknowledges the importance of allowing full-time employees the opportunity to learn the duties of a higher classification that is vacant, and agrees to prioritize the appointment of full-time unit members to acting duty status to perform the duties of a higher classification that is vacant. The City shall not employ temporary or contract AFSCME Local 809 part- time employees in any vacant or newly created budgeted position or for a temporary assignment where an acting appointment could be offered to a full full-time Unit member. However, when no qualified full-time Unit member is available, the City Manager or his/her designee may employ a qualified temporary or contract employee in an interim appointment positionwhen a particular expertise or skill is needed. Temporary and contract employees under this provision shall be appointed for only 960 hours per fiscal year. 3.14 The City shall continue a citywide policy of rotating acting duty appointments, based on the following order: 1) from the current employment eligibility list, 2) from a list of qualified Unit members, within the respective division, in the immediately subordinate classification(s) of the vacant position, ranked by seniority, 3) from a list of qualified Unit members, within the respective work group, in the immediately subordinate classification(s) of the vacant position, ranked by seniority, 4) from a list of qualified Unit members, from outside the respective work group, in the immediately subordinate classification(s) of the vacant position, ranked by seniority. , An acting appointment from outside the work group can only be made upon the approval of the Directors of the two affected work groups. The rotation of acting appointments should be used for all periods exceeding ninety (90) calendar days, unless extended by the City Manager or his/her designee. Upon completion of the acting assignment, the qualified Unit member will be placed at the bottom of the acting rotation list. For a Unit member that was previously not eligible for acting duty but subsequently becomes eligible, their name will be added to the rotation list in seniority order. Copies of acting duty rotation lists should be provided to both Human Resources and Payroll. Unit members may submit a statement of exception to the City Manager, or his/her designee, if the rotation of acting duty appointments as stated within this subsection section 3 is not followed. The City Manager or his/her designee may suspend the rotation of acting assignments when deemed necessary. 3.15 A Unit member on an acting duty rotation list may only be by-passed by receipt of written memorandum from the Unit member’s Director to the Unit member stating the reasons for omission from this round of acting duty. Such notice shall be provided within one week. The memo shall state whether the Unit member is being placed on the bottom of the list i.e. to gain more experience, etc. or whether they are being left at the top of the rotating list for the next available acting assignment i.e. a shorter term acting assignment. A Unit member may not be removed from an acting duty eligibility list without their written permission. 3.16 When a Unit member is appointed to an acting position, his regular position will not be automatically filled by a subordinate employee Unit member in an acting capacity (cascading acting) unless the anticipated work load in that unit will be sufficient to warrant this action. This decision will be made in consultation with the division’s supervisors, manager and the work group’s Director. 3.17 The “Notification of Acting Appointment” form (Form 1201/1099), must be completed and authorized by both the City Manager, or his/her designee, and the Director of Human Resources Department Head & Risk Management prior to the first day of the acting assignment, unless unforeseen circumstances occur which prevent such completion. 3.18 Although Unit members may be given the opportunity to accept an acting duty assignment, the placement in acting duty assignments will not negate the need to meet the required minimum qualifications of the position during the recruitment process for that position. 3.19 If a Unit member has served in an acting capacity long enough to satisfy the normal probation period, and if the that Unit member is promoted into the position that he/she has been acting in, the probationary period shall be reduced to ninety (90) days.

Appears in 1 contract

Samples: Memorandum of Understanding

ACTING DUTY PAY. 3.1 The City Manager, or his/her designee, may appoint a Unit member to acting duty status to perform the duties of a higher classification that is vacant, either permanently or temporarily, or newly created, subject to numbers 3.2 through 3.18 3.19 below. 3.2 A Unit member may serve in acting duty status only until such time as the City Manager, or his/her designee, makes a regular appointment to the classification or until such time that the incumbent employee returns to work. Only Unit members in good standing, e.g. not currently rated unsatisfactory, not currently on a work improvement plan, or not currently having disciplinary action pending or in effect, may be appointed to acting duty. To be eligible for an Acting Duty status, Unit members must meet the minimum qualifications of the job for the acting assignment. 3.3 An acting duty appointment may be effective for a period of up to ninety thirty (9030) days, except for special circumstances as defined by the City Manager, or his/her designee. The City Manager, or his/her designee, may extend an acting duty appointment, at their sole discretion. Special circumstances include, but are not limited to, needing required licenses, certificates, or degrees, or needing certain training or abilities. 3.4 A Unit Member member appointed to acting duty status shall be paid a rate not less than the minimum pay range for the acting classification. Acting duty pay shall be at least 10% more than the Unit member’s 's prevailing pay rate. 3.5 A Unit Member member appointed to acting duty status shall not be paid more than the maximum pay rate in the pay range for the acting duty classification. 3.6 While serving in acting duty status a Unit member shall continue to receive any pay adjustments, advancements and fringe benefit increases granted to the Unit Member’s member's regular classification. These adjustments or advancements may cause a Unit member’s 's acting duty pay rate to increase correspondingly, if still under the maximum acting pay rate noted in this section 3.5 of Article III. 3.7 A Unit Member member appointed to acting duty status shall receive Acting Duty Pay commencing only after serving in acting duty pay immediately upon assuming the acting duty position for forty (40) consecutive hours from the effective date of the acting assignment. 3.8 A Unit member has the right to refuse or discontinue any acting duty assignment with 72- hours written notice to the Unit member’s Director with a “cc” copy to the Human Resources Department Head. 3.9 A Unit member may be removed from any acting duty assignment for any reason, as determined by the City Manager, or his/her designee. 3.10 A Unit member may be appointed to an acting duty assignment while serving in their initial probationary period in the City service, at the discretion of the City Manager, or his/her designee. 3.11 Unit members that are appointed to acting duty in positions that are FLSA exempt from overtime, will not be subject to those provisions provided by the FLSA and will receive overtime compensation. 3.12 A Unit member shall not receive Acting Duty Pay during any approved leave or for any holiday except for those Unit members in a continuous acting assignment longer than one (1) year and even then not for any period of time greater than two (2) weeks in a calendar year. 3.13 The City shall not employ temporary or contract employees in any vacant or newly created budgeted position or for a temporary assignment where an acting appointment could be offered to a full time Unit member. However, the City Manager or his/her designee may employ a temporary or contract employee in an interim appointment position. 3.14 The City shall continue a citywide policy of rotating acting duty appointments, based on the following order: 1) from the current employment eligibility list, 2) from a list of qualified Unit members, within the respective division, in the immediately subordinate classification(s) of the vacant position, ranked by seniority, 3) from a list of qualified Unit members, within provided the respective assignment is for at least one scheduled work group, in the immediately subordinate classification(s) of the vacant position, ranked by seniority, 4) from a list of qualified Unit members, from outside the respective week (40 consecutive work group, in the immediately subordinate classification(s) of the vacant position, ranked by seniority. An acting appointment from outside the work group can only be made upon the approval of the Directors of the two affected work groups. The rotation of acting appointments should be used for all periods exceeding ninety (90) calendar days, unless extended by the City Manager or his/her designee. Upon completion of the acting assignment, the qualified Unit member will be placed at the bottom of the acting rotation list. For a Unit member that was previously not eligible for acting duty but subsequently becomes eligible, their name will be added to the rotation list in seniority order. Copies of acting duty rotation lists should be provided to both Human Resources and Payroll. Unit members may submit a statement of exception to the City Manager, or his/her designee, if the rotation of acting duty appointments as stated within this subsection is not followedhours). 3.15 A Unit member on an acting duty rotation list may only be by-passed by receipt of written memorandum from the Unit member’s Director to the Unit member stating the reasons for omission from this round of acting duty. Such notice shall be provided within one week. The memo shall state whether the Unit member is being placed on the bottom of the list i.e. to gain more experience, etc. or whether they are being left at the top of the rotating list for the next available acting assignment i.e. a shorter term acting assignment. A Unit member may not be removed from an acting duty eligibility list without their written permission. 3.16 When a Unit member is appointed to an acting position, his regular position will not be automatically filled by a subordinate employee in an acting capacity (cascading acting) unless the anticipated work load in that unit will be sufficient to warrant this action. This decision will be made in consultation with the division’s supervisors, manager and the work group’s Director. 3.17 The “Notification of Acting Appointment” form (Form 1201/1099), must be completed and authorized by both the City Manager, or his/her designee, and the Human Resources Department Head prior to the first day of the acting assignment, unless unforeseen circumstances occur which prevent such completion. 3.18 If a Unit member has served in an acting capacity long enough to satisfy the normal probation period, and if the Unit member is promoted into the position that he/she has been acting in, the probationary period shall be reduced to ninety (90) days.

Appears in 1 contract

Samples: Memorandum of Understanding

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ACTING DUTY PAY. 3.1 The City Manager, or his/her designee, Manager may appoint a Unit member an employee to acting duty status to perform the duties of a higher classification that is vacant, either permanently or temporarily, a vacant or newly created, subject to numbers 3.2 through 3.18 belowcreated classification. 3.2 A Unit member An employee may serve in acting duty status only until such time as the City Manager, or his/her designee, Manager makes a regular appointment to the classification or until such time that as the incumbent employee returns to work. Only Unit members in good standing, e.g. not currently rated unsatisfactory, not currently on a work improvement plan, or not currently having disciplinary action pending or in effect, may be appointed to acting duty. To be eligible for an Acting Duty status, Unit members must meet the minimum qualifications of the job for the acting assignment. 3.3 An acting duty appointment may be effective for a period of up to ninety thirty (9030) days, except for special circumstances as defined by the City Manager, or his/her designee. The City Manager, or his/her designee, Manager may extend an acting duty appointment, appointment at their sole his/her discretion. Special circumstances include, but are not limited to, needing required licenses, certificates, or degrees, or needing certain training or abilities. 3.4 A Unit Member An employee appointed to acting duty status shall be paid a pay rate not less than the minimum pay rate in the pay range for the acting duty classification. Acting , and such acting duty pay rate shall be at least 10% five percent (5%) more than the Unit member’s employee's prevailing pay raterate immediately prior to acquiring acting duty status. 3.5 A Unit Member appointed to acting duty status An employee shall not be paid more than the maximum pay rate in the pay range for the acting duty classification. 3.6 While serving in acting active duty status a Unit member status, the employee shall continue to be eligible to receive any pay adjustments, adjustments or advancements and fringe benefit increases granted to the Unit Member’s regular employee's permanent classification. These adjustments or advancements may cause a Unit member’s acting duty pay rate to increase correspondingly, if still under the maximum acting pay rate noted in this section 3.5 of Article III. 3.7 A Unit Member An employee appointed to acting duty status shall receive Acting Duty Pay commencing only acting duty pay immediately upon assuming the acting duty position, provided the duration of the assignment at least a scheduled work shift. 3.8 An employee has the right to refuse any acting duty assignment in writing, with justification, as determined by the Personnel Officer. 3.9 An employee appointed to acting duty status can discontinue the acting duty assignment by notifying the immediate supervisor in writing one (1) week in advance of the employee's intention to return to regular status. 3.10 An employee may be removed from acting duty status after serving in the acting duty position for forty (40) consecutive hours from the effective date of the acting assignment. 3.8 A Unit member has the right to refuse or discontinue any acting duty assignment with 72- hours written notice to the Unit member’s Director with a “cc” copy to the Human Resources Department Head. 3.9 A Unit member may be removed from any acting duty assignment for one (1) workweek, at any reason, as determined by the City Manager, or his/her designee. 3.10 A Unit member may be appointed to an acting duty assignment while serving in their initial probationary period in the City servicetime, at the discretion of the City Manager, or his/her designee. 3.11 Unit members that are appointed to acting duty in positions that are FLSA exempt from overtime, will not be subject to those provisions provided by the FLSA and will receive overtime compensation. 3.12 A Unit member shall not receive Acting Duty Pay during any approved leave or for any holiday except for those Unit members in a continuous acting assignment longer than one (1) year and even then not for any period of time greater than two (2) weeks in a calendar year. 3.13 The City shall not employ temporary or contract employees in any vacant or newly created budgeted position or for a temporary assignment where an acting appointment could be offered to a full time Unit member. However, the City Manager or his/her designee may employ a temporary or contract employee in an interim appointment position. 3.14 The City shall continue a citywide policy of rotating acting duty appointments, based on the following order: 1) from the current employment eligibility list, 2) from a list of qualified Unit members, within the respective division, in the immediately subordinate classification(s) of the vacant position, ranked by seniority, 3) from a list of qualified Unit members, within the respective work group, in the immediately subordinate classification(s) of the vacant position, ranked by seniority, 4) from a list of qualified Unit members, from outside the respective work group, in the immediately subordinate classification(s) of the vacant position, ranked by seniority. An acting appointment from outside the work group can only be made upon the approval of the Directors of the two affected work groups. The rotation of acting appointments should be used for all periods exceeding ninety (90) calendar days, unless extended by the City Manager or his/her designee. Upon completion of the acting assignment, the qualified Unit member will be placed at the bottom of the acting rotation list. For a Unit member that was previously not eligible for acting duty but subsequently becomes eligible, their name will be added to the rotation list in seniority order. Copies of acting duty rotation lists should be provided to both Human Resources and Payroll. Unit members may submit a statement of exception to the City Manager, or his/her designee, if the rotation of acting duty appointments as stated within this subsection is not followed. 3.15 A Unit member on an acting duty rotation list may only be by-passed by receipt of written memorandum from the Unit member’s Director to the Unit member stating the reasons for omission from this round of acting duty. Such notice shall be provided within one week. The memo shall state whether the Unit member is being placed on the bottom of the list i.e. to gain more experience, etc. or whether they are being left at the top of the rotating list for the next available acting assignment i.e. a shorter term acting assignment. A Unit member may not be removed from an acting duty eligibility list without their written permission. 3.16 When a Unit member is appointed to an acting position, his regular position will not be automatically filled by a subordinate employee in an acting capacity (cascading acting) unless the anticipated work load in that unit will be sufficient to warrant this action. This decision will be made in consultation with the division’s supervisors, manager and the work group’s Director. 3.17 The “Notification of Acting Appointment” form (Form 1201/1099), must be completed and authorized by both the City Manager, or his/her designee, and the Human Resources Department Head prior to the first day of the acting assignment, unless unforeseen circumstances occur which prevent such completion. 3.18 If a Unit member has served in an acting capacity long enough to satisfy the normal probation period, and if the Unit member is promoted into the position that he/she has been acting in, the probationary period shall be reduced to ninety (90) days.

Appears in 1 contract

Samples: Memorandum of Understanding

ACTING DUTY PAY. 3.1 The City Manager, or his/her designee, Manager may appoint a Unit member an employee to acting duty status to perform the duties of a higher classification that is vacant, either permanently or temporarily, a vacant or newly created, subject to numbers 3.2 through 3.18 belowcreated classification. 3.2 A Unit member An employee may serve in acting duty status only until such time as the City Manager, or his/her designee, Manager makes a regular appointment to the classification or until such time that as the incumbent employee returns to work. Only Unit members in good standing, e.g. not currently rated unsatisfactory, not currently on work or until a work improvement plan, or not currently having disciplinary action pending or in effect, may be appointed to acting duty. To be eligible for an Acting Duty status, Unit members must meet the minimum qualifications maximum of the job for the acting assignmentnine hundred sixty (960) hours. 3.3 An acting duty appointment may be effective for a period of up to ninety thirty (9030) days, except for special circumstances as defined by the City Manager, or his/her designee. The City Manager, or his/her designee, Manager may extend an acting duty appointment, appointment at their sole his/her discretion. Special circumstances include, but are not limited to, needing required licenses, certificates, or degrees, or needing certain training or abilities. 3.4 A Unit Member An employee appointed to acting duty status shall be paid a pay rate not less than the minimum pay rate in the pay range for the acting duty classification. Acting , and such acting duty pay rate shall be at least 10% five percent (5%) more than the Unit member’s employee's prevailing pay raterate immediately prior to acquiring acting duty status. 3.5 A Unit Member appointed to acting duty status An employee shall not be paid more than the maximum pay rate in the pay range for the acting duty classification. 3.6 While serving in acting duty status a Unit member status, the employee shall continue to be eligible to receive any pay adjustments, adjustments or advancements and fringe benefit increases granted to the Unit Member’s regular employee's permanent classification. These adjustments or advancements may cause a Unit member’s acting duty pay rate to increase correspondingly, if still under the maximum acting pay rate noted in this section 3.5 of Article III. 3.7 A Unit Member An employee appointed to acting duty status shall receive Acting Duty Pay commencing only acting duty pay immediately upon assuming the acting duty position, provided the duration of the assignment is at least a scheduled work shift. 3.8 An employee has the right to refuse any acting duty assignment in writing, with justification, as determined by the Personnel Officer. 3.9 An employee appointed to acting duty status can discontinue the acting duty assignment by notifying the immediate supervisor in writing one (1) week in advance of the employee's intention to return to regular status. 3.10 An employee may be removed from acting duty status after serving in the acting duty position for forty (40) consecutive hours from the effective date of the acting assignment. 3.8 A Unit member has the right to refuse or discontinue any acting duty assignment with 72- hours written notice to the Unit member’s Director with a “cc” copy to the Human Resources Department Head. 3.9 A Unit member may be removed from any acting duty assignment for one (1) workweek, at any reason, as determined by the City Manager, or his/her designee. 3.10 A Unit member may be appointed to an acting duty assignment while serving in their initial probationary period in the City servicetime, at the discretion of the City Manager, or his/her designee. 3.11 Unit members that are appointed to acting duty in positions that are FLSA exempt from overtime, will not be subject to those provisions provided by the FLSA and will receive overtime compensation. 3.12 A Unit member shall not receive Acting Duty Pay during any approved leave or for any holiday except for those Unit members in a continuous acting assignment longer than one (1) year and even then not for any period of time greater than two (2) weeks in a calendar year. 3.13 The City shall not employ temporary or contract employees in any vacant or newly created budgeted position or for a temporary assignment where an acting appointment could be offered to a full time Unit member. However, the City Manager or his/her designee may employ a temporary or contract employee in an interim appointment position. 3.14 The City shall continue a citywide policy of rotating acting duty appointments, based on the following order: 1) from the current employment eligibility list, 2) from a list of qualified Unit members, within the respective division, in the immediately subordinate classification(s) of the vacant position, ranked by seniority, 3) from a list of qualified Unit members, within the respective work group, in the immediately subordinate classification(s) of the vacant position, ranked by seniority, 4) from a list of qualified Unit members, from outside the respective work group, in the immediately subordinate classification(s) of the vacant position, ranked by seniority. An acting appointment from outside the work group can only be made upon the approval of the Directors of the two affected work groups. The rotation of acting appointments should be used for all periods exceeding ninety (90) calendar days, unless extended by the City Manager or his/her designee. Upon completion of the acting assignment, the qualified Unit member will be placed at the bottom of the acting rotation list. For a Unit member that was previously not eligible for acting duty but subsequently becomes eligible, their name will be added to the rotation list in seniority order. Copies of acting duty rotation lists should be provided to both Human Resources and Payroll. Unit members may submit a statement of exception to the City Manager, or his/her designee, if the rotation of acting duty appointments as stated within this subsection is not followed. 3.15 A Unit member on an acting duty rotation list may only be by-passed by receipt of written memorandum from the Unit member’s Director to the Unit member stating the reasons for omission from this round of acting duty. Such notice shall be provided within one week. The memo shall state whether the Unit member is being placed on the bottom of the list i.e. to gain more experience, etc. or whether they are being left at the top of the rotating list for the next available acting assignment i.e. a shorter term acting assignment. A Unit member may not be removed from an acting duty eligibility list without their written permission. 3.16 When a Unit member is appointed to an acting position, his regular position will not be automatically filled by a subordinate employee in an acting capacity (cascading acting) unless the anticipated work load in that unit will be sufficient to warrant this action. This decision will be made in consultation with the division’s supervisors, manager and the work group’s Director. 3.17 The “Notification of Acting Appointment” form (Form 1201/1099), must be completed and authorized by both the City Manager, or his/her designee, and the Human Resources Department Head prior to the first day of the acting assignment, unless unforeseen circumstances occur which prevent such completion. 3.18 If a Unit member has served in an acting capacity long enough to satisfy the normal probation period, and if the Unit member is promoted into the position that he/she has been acting in, the probationary period shall be reduced to ninety (90) days.

Appears in 1 contract

Samples: Memorandum of Understanding

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