1303 - Exempt Out of Class Assignments (Historical View)

Status: Active

Change Notes

Policy Created.

Category

Exempt Employees

Audience List

• Administrative Chiefs
• Agency Secretaries
• Personnel Officers
• Personnel Transactions Supervisors

Synopsis

This policy:

• Defines an out-of-class (OOC) assignment to an exempt position.
• Provides direction on how to request an OOC assignment to an exempt position.
• Describes the salary guidelines for an OOC assignment to an exempt position.
• Explains Memorandum of Understanding (MOU) stipulations for represented employees serving on an OOC assignment to an exempt position, including time limitations for rank and file employees.
• Explains statutory time limitations for excluded employees serving on an OOC assignment to an exempt position.

Introduction

Departments do not have delegated authority to approve OOC assignments to exempt positions. Generally, those serving on an OOC assignment to an exempt position do so without further compensation for the following reasons:

• There is great flexibility in the recruitment, selection, and appointment of exempt employees and most OOC assignments are for a short duration.
• Employees on OOC assignment are not carrying out the full range of duties of the exempt position and do not make significant changes such as, reorganizing functions, discontinuing programs, setting forth long range strategic plans, etc.
• Most exempt positions have an assistant or deputy who normally “act” in their absence. The regular salary level of these assistants and deputies recognize that they act in lieu of their exempt manager.
• Compensating someone for working OOC as an exempt could circumvent the exempt appointment process.

However, there are some exceptions for an exempt OOC assignment and these are considered on a case-by-case basis.

Statement

A department may have an employee serve on an OOC assignment to an exempt position if there are no other viable options. CalHR will evaluate the exempt position as a civil service position and a salary determination is made based on the classification of the position if it were allocated to a civil service class.

Application

OOC assignments to exempt positions must be reported and approved by CalHR prior to the commencement of the OOC assignment. A department may request an OOC assignment to an exempt position by submitting a complete package to EPR@calhr.ca.gov. The request must be submitted for review and consideration prior to the OOC commencing.

An Exempt OOC assignment request must include a justification, current and proposed duty statements and organizational charts. The justification should include the following:

• The need for the OOC assignment
• Start and end date of the OOC assignment
• Qualifications of the individual selected for the OOC assignment
• Proposed OOC salary, if applicable
• Status of the exempt position’s recruitment

Represented Employees

A rank-and-file employee approved to serve on an OOC assignment to an exempt position is subject to the applicable MOU provisions. The performance of OOC work for most rank-and-file employees cannot exceed 120 calendar days in any 12 consecutive calendar months.  Please refer to the most current Bargaining Unit MOU provisions for reference.

Excluded Employees

When an excluded employee is approved to serve on an OOC assignment to an exempt position, the assignment shall not exceed a period of twelve (12) months in accordance with Government Code section 19818.16, subdivision a.

Employees in managerial classes can reasonably be expected to perform OOC work for limited periods of time to avoid disruption in business operations. Managerial employees are expected to fulfill a wide range of assignments not normally part of their appointed class without additional compensation. Therefore, OOC compensation for managerial employees commences on the 91st day of the OOC assignment.

Authorities

• Government Code section 19818.16

Resources

Authorized By

Melissa Russell
Chief, Personnel Management Division

Contact Person

Exempt Program
Personnel Program Consultant, , Personnel Management Division
Phone: 916-909-3710
Fax: 916-327-1886
Email: EPR@calhr.ca.gov

Superseded Policies