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NORTH GEORGIA HEALTH DISTRICT
County Board of Health Personnel Policy #1102
Cherokee, Fannin, Gilmer, Murray, Pickens, Whitfield
DEMOTIONS
EFFECTIVE DATE: June 1, 2010 RELEASE DATE: June 1, 2010
REFERENCES:
Rules of the State Personnel Board - Rule 12
Rules of the State Personnel Board - Rule 24
A demotion is the movement of an employee to a position in a job on a lower pay grade. A demotion may be voluntary or involuntary. The employee must meet the minimum qualifications for the new job and any approved special qualifications established for the position. Unless a demotion directly benefits the Agency and is specifically approved for implementation without loss in pay, it will result in a loss in pay.
VOLUNTARY DEMOT ION
A classified or unclassified employee may request or agree to be assigned to a position in a job on a lower pay grade. The salary cannot be less than the job minimum or exceed the pay grade maximum for the job to which the employee is demoted. The following guidelines are to be followed to determine an employee’s salary upon voluntary demotion:
1. The salary of an employee who is voluntarily demoted following a promotion within the last twelve (12) months is to be set at the salary received prior to promotion, plus any appropriate salary adjustments received while in the higher job.
NOTE: Any exceptions must be approved by the District Management Team
2. The salary of an employee who takes a voluntary demotion [not following a promotion within the last twelve (12) months] is to be reduced by an amount equal to at least five percent (5%), unless an exception is approved.
3. An employee may be voluntarily demoted without a loss in pay or voluntarily demoted with a salary reduction of less than five percent (5%) in certain circumstances when the employee accepts a demotion that benefits the Agency. These circumstances may involve, but are not limited to, the following:
3.1 Relocation for the good of the Agency that is a hardship for the employee;
3.2 Location in an organizational unit with management/program difficulties;
3.3 Position has been vacant because of extensive recruitment/ retention difficulties;
3.4 Special skills of the employee which would enhance the job (Special skills and experience must specifically relate to the requirements of the job.);
or,
3.5 Demotion as reasonable accommodation of a disability.
NOTE: Demotions associated with failure to meet performance or conduct standards must result in a loss in pay despite any benefit to the Agency.
4. The immediate supervisor must submit a PERSONNEL ACTION REQUEST which includes the specific circumstances that support a voluntary demotion, as referenced in item #3 above, to the District Personnel Office.
5. Confirmation of the agreement to accept a demotion should be put in writing.
INVOLUNTARY DEMOTION CLASSIFIED EMPLOYEE WITH PERMANENT STATUS
1. A classified employee with permanent status may be demoted in accordance with the Rules of the State Personnel Board - Rule 24 for the following disciplinary reasons:
1.1 Negligence or inefficiency in performing assigned duties;
1.2 Inability or unfitness to perform assigned duties;
1.3 Insubordination;
1.4 Misconduct;
1.5 Conduct reflecting discredit on the Department;
1.6 Commission of a felony or other crime involving moral turpitude;
1.7 Chronic tardiness or absenteeism;
1.8 Failure to report for or remain at work without justifiable cause;
1.9 Failure to process performance evaluations in a timely manner; or,
1.10 Political activity in violation of 478-1-.8.
2. The salary of a classified employee with permanent status who is involuntarily demoted is to be reduced by an amount equal to at least five percent (5%). The salary cannot be less than the job minimum or exceed the pay grade maximum for the job to which the employee is demoted.
3. The employee must be notified in writing of involuntary demotions based on Rule 24 of the State Personnel Board. The District Personnel Office is to be contacted prior to requesting action based on the above.
INVOLUNTARY DEMOTION CLASSIFIED EMPLOYEE ON WORKING TEST
1. A classified employee on promotional working test may be demoted for the following reasons:
1.1 Permanent status is not recommended;
1.2 Unfitness to perform assigned duties;
1.3 Negligence or inefficiency in performing assigned duties;
1.4 Misconduct; or,
1.5 Insubordination.
2. The salary of an employee demoted while on promotional working test is to be set at the salary received prior to promotion, plus any appropriate salary adjustments received while in the higher job. The salary cannot be less than the job minimum or exceed the pay grade maximum for the job to which the employee is demoted.
3. A classified employee with at least five (5) years of continuous State service, who accepts an interdepartmental transfer to a classified position in CBH and does not successfully complete the working test period, will be demoted to a position in the last job on a lower pay grade in which the employee has permanent status, IF that job is utilized by CBH.
NOTE: If the job is not utilized by CBH, the employee may be separated from employment.
4. The salary of an employee who is demoted while on working test due to an interdepartmental transfer that does not involve a promotion is to be reduced by an amount equal to at least five percent (5%).
5. An employee demoted while on working test must be notified in writing. The notice should be given to the employee as soon as possible, but no later than the calendar day prior to the action, unless extraordinary circumstances prohibit advanced notice. This notice will be sent by the District Personnel Office.
6. The demotion action cannot be appealed.
INVOLUNTARY DEMOTION UNCLASSIFIED EMPLOYEE
1. In unusual circumstances, an unclassified employee may be involuntarily demoted for disciplinary reasons, as determined appropriate. The demotion of an unclassified employee eligible for benefits must be approved in writing by the District Management Team prior to the effective date of the action.
2. An unclassified employee who is involuntarily demoted for disciplinary reasons must receive written notification. The notice should be given to the employee as soon as possible, but no later than the calendar day prior to the action, unless extraordinary circumstances prohibit advance notice. This notice will be sent by the District Personnel Office.
3. The salary of an unclassified employee who is involuntarily demoted following a promotion within the last twelve (12) months is to be set at the salary received prior to promotion, plus any appropriate salary adjustments received while in the higher job.
4. The salary of an unclassified employee who is involuntarily demoted [not following a promotion within the last twelve (12) months] is to be reduced by an amount equal to at least five percent (5%). The salary cannot be less than the job minimum or exceed the pay grade maximum for the job to which the employee is demoted.
DEMOTION DUE TO UNUSUAL CIRCUMSTANCES
Circumstances involving situations such as staff reduction, reduction in force, shortage of work or funds, or reorganization, may support a demotion without a loss in pay. Each case will be reviewed on a case by case basis.
1. A written request with supporting justification to maintain the employee's current salary must be submitted to the District Personnel Office along with the PERSONNEL ACTION REQUEST.
2. The request will be reviewed, and a written decision issued.
PROCESSING A DEMOTION
1. To process a demotion, the position into which an employee is to be demoted must be properly allocated and budgeted.
NOTE: CBH organizational units may request that the duties of a position occupied by an employee who is to be demoted, be downgraded and the position reallocated to a lower job such that the employee remains on the same position upon demotion. In this case, a REQUEST FOR POSITION ACTION Form must be submitted by the requester to the District Personnel Office for review and processing prior to the action being implemented.
2. The following documentation must be submitted by the requester to the District Personnel Office as soon as possible:
2.1 A completed REQUEST FOR PERSONNEL/PAYROLL ACTION Form;
2.2 A copy of the APPLICATION FOR EMPLOYMENT Form; and
2.3 A copy of the written confirmation of demotion provided to the employee.
EMPLOYMENT STATUS
1. If a classified employee has never attained permanent status, the employee remains on working test in the lower job.
2. If a classified employee has permanent status in the higher job, permanent status is retained in the lower job.
3. If a classified employee on working test has permanent status in the lower job, the employee will have permanent status upon demotion to the lower job.
4. Unclassified employees remain unclassified upon demotion.
For additional information or assistance, please contact the District Personnel Office at 706/272-2342.
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