Common use of Downgradings Clause in Contracts

Downgradings. A downgrading is the reclassification of a position from one classification to another classification having a lower base salary range. When a position is downgraded, the incumbent employee may continue at the same salary rate payment where the salary rate is within the new base salary range. Where an incumbent receives a salary rate payment greater than the maximum of the new base salary range, the Director of Human Resources may authorize continuation of the same salary rate payment to the incumbent employee that the employee received prior to the downgrading of the position by placing the employee on an “X” step, provided that the employee shall receive no future salary rate increases until the salary range maximum of the new classification exceeds the “X” step. In accordance with San Bernardino County Personnel Rule III, Section 6(b), upon request, an employee with regular status occupying a position which has been downgraded shall be placed on an eligibility list for any classification equivalent to his/her former classification for a period of two (2) years. Equivalent classification is hereby defined as one requiring all of the following: (1) the same kind and amount of experience; (2) the same degree of skills, knowledge, and abilities; and (3) a salary level no higher than the employee’s former classification.