Torrance Municipal Code Art. 31 Move-Up Assignment and Pay

a) When an employee is temporarily absent from his job, another employee may be assigned by the department head or his designee to do the work of the absent employee.

b) The assigned employee need not possess the minimum qualifications for the position of the absent employee.

c) The department head may permit the position to remain temporarily vacant, if, in his opinion, the public health, welfare and safety are not jeopardized.

d) An employee may decline a move-up assignment.

Any employee moved up pursuant to this Article shall remain in the higher class until the incumbent returns to duty, subject to the following conditions:

a) Except for safety members of the Police and Fire Departments, each such assignment shall not exceed ninety (90) days duration.

b) For safety members of the Police and Fire Departments, each such assignment shall not exceed twelve (12) months duration.

c) If the work is not performed in a satisfactory manner the department head may replace the employee who was moved up, or leave the position unfilled.

The purpose of this move-up assignment and pay procedure is to provide an equitable and orderly manner in paying employees for work done and responsibility assumed when that employee is moved up to a higher classification during the temporary absence of another employee.

Time served by an employee assigned to a higher class under the provisions of this Article shall not be credited toward that employee’s probationary period in the same higher class.

(Amended by O-2086)

a) Priority for move-up assignments shall be given to employees who have completed their probationary period and are of permanent rank in the next lower classification in the division and on the watch where the vacancy occurs; otherwise to the employees regularly employed in the lower classification who are among the first three (3) employees on the eligible list for the higher class.

b) In the event that the temporary move-up assignment is for the position of Chief of Police the assignment shall go to a Captain who has completed his probation period and is of permanent rank, designated by the Chief of Police.

c) If the absence of the incumbent continues in excess of thirty (30) consecutive calendar days, and an eligible list exists for the class, the department head or his designee shall assign the move-up position to a person who is among the first three (3) on the eligible list commencing with the thirty-first (31) consecutive day of absence, subject to the provisions of Section 14.31.2. of this Code.

a) Priority for move-up assignments shall be given to employees on the shifts where the vacancy occurs who are regularly employed in a lower classification and on the eligible list for the higher class.

b) If the temporary absence of the incumbent continues in excess of thirty (30) consecutive calendar days, and an eligible list exists for the class, the department head or his designee shall assign the move-up position to a person who is among the first three (3) on the eligible list commencing with the thirty-first (31) consecutive day of absence, subject to the provisions of Section 14.31.2

a) Except as provided in Section 14.31.5. and Section 14.31.6., priority for move-up assignments shall first be given to employees in the same department regularly employed in a lower classification who are among the first three (3) employees on the eligible list for the temporarily vacant position.

b) The employee with the highest rank on the eligible list shall be selected first for move-up assignments, but thereafter such assignments may be rotated among others in the department on the eligible list.

c) The next priority shall be given to employees in the same department regularly employed in the lower classification who are on the eligible list for the temporarily vacant position.

In the event that there are no eligibles within the department on the eligible list for the vacant position, the department head or his designee may assign any employee under his supervision whom he certifies is capable of performing the work of the absent employee.

If a moved up employee is absent, another employee may be assigned during such absence, subject to all provisions of this Article.

(Amended by O-1997)

a) Except as provided in Section 14.31.12., an employee moved up, as provided herein, to a temporarily vacant position shall be paid for all days worked in the higher class at a salary rate of the lowest step for such assigned position which is higher than the current base salary of that employee, to which shall be added earned longevity pay increments.

b) For the purposes of this Article, four (4) consecutive hours or more shall constitute a day or a shift.

c) For the purposes of this Article, eight (8) consecutive hours or more shall constitute a day of a shift for safety employees of the Fire Department

a) A department head may assign an employee as part of a formal training program to a higher class even if no vacancy exists, subject to availability of funds and the approval of the City Manager.

b) If an employee is moved up for training purposes and the department head certifies in writing that the employee is capable of performing all or part of the work of the higher class, the employee shall receive for all days worked in the higher class, the salary rate of the lowest step for such assigned position which is higher than the current base salary of that employee, to which shall be added earned longevity pay increments.

c) The employee shall be paid the higher rate of pay only when performing the task or tasks for which he is certified as being capable.

d) If an employee is moved up for training purposes and is not so certified he shall continue to receive the pay for the class to which he was previously assigned.

e) This section shall apply only to employees permanently assigned to the Sanitation Department.

a) If a subordinate is required by his class specification to take charge of a department in the absence of the department head, he shall not be paid additional compensation for such move-up assignment.

b) If a subordinate is not required by his class specification to take charge of the department in the absence of the department head, he shall be paid during all such move-up assignments an additional five (5) percent of his base salary and his longevity pay; provided, however, that if the temporary absence of the department head continues in excess of thirty (30) consecutive calendar days, he shall then be paid at the salary rate of the lowest step for such assigned position which is higher than the current base salary of that employee, to which shall be added earned longevity pay increments.

(Added by O-2101; Amended by O-3486)

The provisions of this Article shall not apply to employees in representation units where a Memorandum of Understanding covering these working conditions is in force.