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Home My WebLink AboutMINUTES - 02091993 - 2.2 C o�• TO: BOARD OF SUPERVISORS ` 5 ` Contra FROM: Harry D. Cisterman, Director of Personnel Costa 9 County DATE: February 9, 1993 SUBJECT: Out-of-Classification Pay SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION 1. That the Board accept the attached report from the Director of Personnel stating the County's policy of Out-of-Classification Pay. 2. That the Board direct that County Department Heads, along with the County Administrator's Office and the Personnel Department, examine those current situations in which employees may be required to work out of classification. 3. That the Board direct the Personnel Director to work with the employee representatives to identify situations where employees are being required to work out of classification. 4. That County Department Heads and Managers be alert and sensitive to the difficulties that can arise when employees are required to perform duties outside of their assigned job classification. BACKGROUND As the result of budget and staffing reductions, there have been changes in the way work gets accomplished and, in many cases, the duties and responsibilities assigned to employees. In some cases, the new duties assigned are consistent with the employee's job classification. In. other cases, the duties may be at a higher or different level and may warrant reclassification. Last Tuesday, February 2, 1993, the Board Agenda included a letter from Jim Hicks, Business Agent, AFSCMELocal 2700, expressing his concerns about out-of-class assignments and requesting retroactive pay in cases where reclassification is authorized but delays have occurred in processing. The attached report from the Personnel Director responds to specific issues raised in Mr. Hicks' letter and to the presentations made at the Board meeting by Mr. Hicks and Mr. Henry Clarke of Local 1. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON February 9 , 1993 APPROVED AS RECOMMENDED OTHER X_ Speakers on this matter were Jim Hicks , AFSCME , and Henry L. Clarke, Local 1 . The Board REQUESTED the County Administrator to report on February 23 , 1993, on employees working out of classification and cost implications related thereto ; the Board also REQUESTED the County Administrator to review the structure/organization of the Merit System for potential improvement and report to the Board on April 2 , 1993 , as a part of the budget procedure. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE )L-UNANIMOUS(ABSENT - - - AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. CONTACT: Eileen K. Bitten cc: personnel Department ATTESTED February 9 , 19 9 3 County Administrator PHIL BATCHELOR,CLERK OF THE BOARD OF County Counsel SUPERVISORS AND COUNTY ADMINISTRATOR Auditor-Controller BY�d[Q �/��l el DEPUTY M382 (10/88) _ . , .t, .t ;;J•r Contra Personnel Department Costa �► Administration Bldg. Co' I� Pine Street Ma 1..� ty .,, ••• •:= Martinez, California 94553-1292 -Q,• W.4 - .y .Sj1.COUNT . February 5, 1993 To: Phil.Batchelor, County Administrator From: Harry D. Cisterman, Director of Personnel IZ. Subject; Freeze Delays on Reclassifications Jim Hicks of AFSCME Locals 2700 and 512 addressed you on February 2, 1993 regarding "freeze" delays in processing reclassifications of AFSCME represented employees to higher classifications. This report provides background information about this issue. With the current fiscal crisis, layoffs and accompanying restructuring of work assignments, employees jobs are changing. Reclassifications may in fact be appropriate in many of these cases where employees are required to assume a higher or different level and type of responsibility. Before an employee can be reclassified,the Board must authorize the reclassification of the position. It is in that process that the delays occur and the issue of retroactivity arises. The County Counsel's advice has generally been that position adjustments could not be made retroactive beyond the first of the month in which the action is approved by the Board. Retroactive pay is not possible without retroactive Board position classification actions being taken. The County may properly consider whether reclassifications are appropriate and at what date they will be effective,_including delays necessitated by budget shortfalls. Given the current levels of staffing in the Personnel Department and the County Administrator's Office, even further delays in the organization and classification review process should be expected in thefuture regardless of whether a "freeze" is in effect. The request has been made that employees be given "Pay for Work in a Higher Classification" to compensate them for the time during which they performed the work at the higher level, but were not paid at that level. Under the AFSCME MOU (Section 5.6), other MOU's, and the Administrative Bulletin on Pay for Work in a Higher Classification, there is no employee entitlement to pay at the higher class level prior to Board action approving a position to perform that work or function at that level. Thus, under current l regulations, payment cannot be made to any employee before a position is established or reclassified to perform the work. AFSCME's letter alleges "Equal Pay"violations --in effect that women are being asked to perform the same work for lower wages than men. To our knowledge the County is not discriminating in this manner generally, nor has the"freeze"been applied in a wayto cause such discrimination. Additionally, the comparable worth study °s now complete and agreements have been reached with most affected unions as to the payment of resulting salary adjustments. An example of the issues presented by the union is represented by a grievance filed by an employee in the Health Services Department. The facts in this grievance are: ♦ Employee apparently filled out her classification questionnaire which was forwarded through the Health Services Department to CAO 1/92 , and was held due to budget constraints. ♦ Questionnaire &Position Adjustment Request released to Personnel Dept. 5/8/92 which conducted an audit 6/92. ♦ All position adjustments held due to budget crisis and impending layoffs. ♦ Position Adjustment Request signed by CAO staff 10/1/92 for placement on Board agenda. ♦ Approved by Board 10/13/92 effective 10/1/92. HDGEKBISB FREEZEI PN FED,,9 District Council 57 L w A, G 9� A, z� ° d Martinez Office CO � z MUMICPAL 1000 Court Street F g ' Martinez,California 94553-1733 MPL 0'-Y AFL-CIO (415)228-4400 NEVA AREA CODE FAX 228-4472 (510) January 15, 1993 RECEIVED Contra Costa County JAN 19 1993 Board of Supervisors 651 Pine Street, is t floor CLERK BOARD OF SUPERVISORS Martinez, CA 94553 CONTRA COSTA CO. RE: "Freeze" Administrative Delays Dear Board Members: Many members of AFSCME Locals 512 and 2700 have been directed by their departments to perform duties and responsibilities of a higher classification without proper compensation. In some instances reclassifications questionnaires have been submitted, desk's have been audited, and the. Personnel Department has confirmed the higher classification. Yet due to the personnel freeze these employees cannot be upgraded or compensated. In other cases employees and their departments have submitted the required documents for upgrades and have had the County Administrator not release them for processing, again because of the freeze. AFSCME is concerned about this obvious violation of proper compensation for classifications. Our members , your employees have a basic right to be properly paid for the work they perform. If you can' t pay them to do the work, then they should not be required to work out of classification. The issue goes beyonTjust picking up the slack." Money is not the only issue, their is a principal to uphold. Once again it is women being denied promotions and upgrades. It is again women being used. How much money is saved by this type of discrimination, as compared to the loss of employee morale and employee respect to the employer? Where is comparable worth? Where is Equal Pay for Equal Work? Did you not state before that you supported these principals? Are these issues still of importance to you? American Federation of State, County and Municipal Employees L Board of Supervisors 1/15/93 Page 2 AFSCME requests that our members be properly classified and compensated for their work effective the date they made the original request. cer y, H Business Agent AFSCME Local 2700/512 opeiu3afl-cio(253)jep cc: Harry Cisterman Rich Heyne Phil Batchelor Local 2700/512 Executive Board Local 2700/512 Stewards DATE: REQUEST TO SPEAK FORM (THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. 'f a 7-.-�'✓dG NAME: eC - PHONE: �' ADDRESS: 1'44 CITY: I am speaking formyself OR organization: -'� Check one: (NAME OF ORGANI7-TION) f I wish to speak on Agenda Item # . My comments will be: general for against I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to consider. SPEAKERS 1. Deposit the "Request to Speak" form (on.the reverse side) in the box next to the speakers' microphone before your item is to be considered. 2. You will be called to make your presentation. Please speak into the microphone. } 3. Begin by ,stating your name and address; whether you, are: speaking..for ;yourself or as a representative of an organization. 4. Give the Clerk a copy of your presentation or support documentation, if available. 5. Please limit your presentation to three minutes. Avoid repeating comments made by previous speakers. (The Chair may limit length of presentations so all persons may be heard.) f DATE: REQUEST To SPEAK FORM (THREE (3) MINUTE LIMIT / Complete this form and place it in the box near the speakers` rostrum before addressing the ard. NAME: C%" PHONE: ADDRESS: CITY: I am speaking formyself OR organization: � �� Check one: (NAME OF ORGANIZNTION) I wish.to speak on Agenda Item # a - My comments will be: general for against I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to consider. SpitS 1. Deposit the "Request to Speak" form (on the reverse side) in the box next to the speakers' microphone before your item is to be considered. 2. You will be called to make,your presentation. Please speak into the microphone. 3. Begin by stating your name and address; whether you are speaking for yourself or as a representative of an organization. o 4. Give the Clerk'a^copy of your presentation or support documentation, if available. 5. Please limit your presentation to three minutes. Avoid repeating comments made by previous speakers. (The Chair may,limit length of presentations so all persons may be heard.)