Seattle Police Manual

4.080 – Out of Classification

Effective Date: 9/19/2003

Policy

Department employees assigned by proper authority to perform the duties of a higher paid classification shall receive payment as governed by current collective bargaining agreements or the Seattle Municipal Code (SMC 4.20.300). When a provision of this section is found to directly conflict with a provision of a labor agreement or City Ordinance, the collective bargaining agreement or City ordinance shall be determinative to the extent of the conflict.

Purpose

Out-of-classification is a management tool, the purpose of which is to ensure continued performance or completion of essential public services. Managers and supervisors are responsible for ensuring that out-of-classification assignments are made only for the purpose of avoiding a significant interruption of work and services, and to avoid making more out-of-classification assignments than are necessary to accomplish crucial work.

I. Eligibility

A. An employee who is assigned to work out-of-classification must meet the minimum qualification for the higher classification, and must have demonstrated or be able to demonstrate that they are qualified to perform the duties of the higher-paid position with normal supervision.

II. Sworn Employees

A. Sworn employees, represented by the Seattle Police Officers Guild, shall receive out-of-classification pay when assigned to perform all of the duties of a higher paying classification for a continuous period of one day, or any portion thereof, or longer.

B. Sworn employees, represented by the Seattle Police Management Association, shall receive out-of-classification pay when assigned for a period of two consecutive weeks or more to perform all of the duties and accept all of the responsibility of a higher position while continuously performing that work.

III. non-sworn Employees

A. non-sworn employees, (except eligible employees or as otherwise provided in authorized collective bargaining agreements), assigned by proper authority to perform substantially the full duties of a higher-paid classification for a period of four (4) consecutive hours or longer shall be paid at the rate established for such classification as in promotion while performing such duties.

B. Eligible employees assigned by proper authority to perform substantially the full duties of a higher-paid classification for a period of two (2) weeks or more as determined in accordance with policy and procedure promulgated by the Budget Director shall be paid at the rate established for such higher-paid position.

1. “Eligible employee” is any regular, salaried, professional, administrative, or executive employee who is exempt from the Fair Labor Standards Act, and not otherwise excluded by this section.

C. non-sworn employees represented by collective bargaining agreement shall be governed by the terms of that agreement.

IV. Assignments

A. An employee may be temporarily assigned to duties of a higher-paid position, and compensated as in promotion while performing those duties, in order to continue or complete essential public services. Reasons for out-of-classification include:

1. The absence of the employee who would normally perform those duties,

2. A position vacancy,

3. Peak workload periods, and

4. Special projects.

B. Out-of-classification assignments are limited to six (6) months, unless extended by the appointing authority. Out-of-classification assignments of non-represented employees to positions represented under the terms of a collective bargaining agreement are subject to any out-of-classification assignment limitation and extension provisions of the agreement.

V. Reporting Out-of-Classification Work

A. Employees shall submit a completed Overtime Request (form 1.33), with the Out-Of-Classification portion completed, to their immediate supervisor for approval upon completion of the assignment. If the immediate supervisor is not available within twenty-four hours from the time the work is completed, the employee shall present the request form to the next in command.

B. The approving Unit supervisor, after checking the request for correctness and thoroughness, shall either:

1. Return it to the requesting employee for correction, or

2. Approve the request and forward it to the Section Captain or Executive.

C. The approving Section Captain or Executive, after checking the request, shall either:

1. Approve the request and forward it to the Human Resources Section for compilation and recording,

2. Return it to the requesting employee for needed corrections, or

3. If the request is not valid, return it to the requesting employee with a Memorandum of cancellation.

NOTE: Out-of-Classification pay requests for overtime at the higher pay rate shall also be forwarded to the Personnel Section.

D. Out-of-classification assignments shall be reported each payroll period. Out-of-Classification pay requests must be received in the Personnel Section no later than the Thursday following the close of each payroll period.