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Q & A Session – Management-Directed Reassignments

Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.

Can a management-directed reassignment be initiated for a contract specialist to a contracting officer position? A contracting officer is required to be warranted, which allows them to obligate the government contractually. In addition, the contracting officer can be held criminally responsible for their actions in performance of their duties by virtue of their contractual authority. Also, the position would take them from a non-supervisory position to a supervisory position.

The management-directed reassignment can occur assuming all the other requirements can be met.

Bill Bransford is managing partner of Shaw Bransford & Roth PC .

Disclaimer: Ask a Lawyer publishes information on this website for informational purposes only. Information on this website is intended – but not promised, guaranteed, or warranted – to reflect correct, complete and current developments. In addition, the contents of the website do not constitute legal advice and do not necessarily reflect the opinions of the attorney. Information from this website is not intended to be used as a substitute for specific legal advice, nor should you consider it as such. You should not act, or refrain from acting, based on information on this website without seeking specific legal advice about your particular circumstances. No attorney-client relationship between you and Ask a Lawyer’s author is created by the transmission of information to or from this site.

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How Do I Reassign Employees? Definition:  Reassignment is the noncompetitive movement of an employee to another position for which he/she qualifies at the same grade level and with an equivalent target grade if applicable. Typical Scenarios:  You want to change one of your employees from one position to another without promotion to work with a different program for which they are qualified. Principle:  A reassignment eligible is considered a noncompetitive candidate, or is a non-competitive referral, because he/she has already competed for and currently holds, or has held, an equivalent position to the one being filled, therefore competition is no longer required. Rules and Flexibilities:  Reassignments can be "management directed" - these actions are initiated by management to laterally move an employee to another position within the organization or between organizations. This often occurs when placing employees in order to avoid reduction-in- force actions or for other reasons when an employee's skills can be better utilized in another equivalent position. A reassignment can also be a "voluntary request." This action is initiated by an employee wishing to move to another position, who has submitted a written request to be referred noncompetitively for vacancies. Reassignment candidates may be referred when the selecting official requests to review this recruiting source or at any time along with Merit Promotion candidates. They would be referred with other noncompetitive candidates such as change to lower grade and repromotion eligibles. Reassignments to restructured positions (e.g., Upward Mobility Program) which are targeted above the grade level currently held by the employee, must be processed competitively. This means that all merit promotion rules apply and competition must occur between all merit promotion candidates within the area of consideration. Basic Steps:  Submit a Request for Personnel Action (SF-52) to reassign the incumbent. The Workforce Management Office will clear any regulatory process, such as the Career Transition Assistance Program, when necessary, before finalizing the reassignment action.

A Note on SES:

Reassignment: SES members may be reassigned to any SES position in the same agency for which qualified, but career appointees must have at least 15 days advance written notice (60 days if reassigned between commuting areas). Senior Executives may be removed from the service for failing to accept a directed reassignment.

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Fedweek Legal

Federal legal corner: new decision on management-directed reassignment.

In a precedent-setting decision, the MSPB previously reversed an initial decision of its administrative judge (AJ) which upheld a removal for failure to accept a management directed reassignment.Miller v. Department of the Interior, 2013 MSPB 27 (4/3/13).Surprisingly, upon further consideration, the Board reopened the case on its own, vacated the prior decision, and substituted a new Opinion and Order reaffirming its prior decision with more supporting rationale.Miller v. Department of the Interior, 2013 MSPB 35 (5/13/13).

Miller, the now-reinstated superintendent at the Sitka National Historical Park, had been removed after refusing to accept an involuntary reassignment from Sitka, Alaska to a new Alaska Native Affairs Liaison position in Anchorage, Alaska, more than 500 miles from Sitka.Miller had no performance issues in her Sitka post, and the Sitka position was not being abolished; the agency then had to advertise and fill both the Sitka and Anchorage slots after removing Miller.

In general, federal personnel law permits agencies to direct the lateral reassignment of employees from one position to another, even outside of their commuting area.If the employee declines to accept the reassignment, the agency can then remove the employee for failure to accept the management directed reassignment if the agency meets its burden of showing that the removal promotes the efficiency of the federal service.In its new decision, the Board found that "the appellant had submitted sufficient credible evidence to cast doubt on the agency’s motivations in effecting her removal."

It said: "Under these circumstances, where the agency has failed to provide any evidence that the appellant’s geographic reassignment was necessary and where the ensuing removal action does not appear to be rationally related to the efficiency of the service, we find – consistent with our longstanding precedent – that the agency invoked its discretion to reassign the appellant "as a veil to effect" her separation."

In reversing the AJ’s decision, the MSPB used the opportunity to overturn its prior procedural framework, as a result simplifying the pleading standards and legal analysis used in cases involving removals for failure to accept a management directed reassignment.While prior case law involved a multi-step analysis, the new framework announced by the MSPB in Miller simplifies the analysis to a single question: has the agency met its burden of showing that the removal promotes the efficiency of the service.Because Miller’s Sitka position was not abolished, Miller had no performance problems in her Sitka position, the agency was not claiming that it had no need for Miller’s continued performance in her Sitka position, Miller had volunteered to perform the work of the new liaison position in Sitka, and the agency received 120 applications for the new position, the MSPB found that the agency failed to meet its burden of showing that her removal for refusing this contested reassignment promoted the efficiency of the service.

The Board concluded that it did not promote the efficiency of the service to direct her to take the position in Anchorage against her will and to remove her from employment altogether when she declined the position.As a result of the agency’s actions, it lost an apparently valued and successful employee, and created two vacancies that the agency had to fill after her removal.

The MSPB again ordered Miller reinstated to her former position as the superintendent of Sitka National Historical Park retroactive to August 6, 2010, with back pay, interest and benefits and possible attorney fees and costs.

Miller is represented by Passman& Kaplan Founding Principal Edward H. Passman.

* This information is provided by the attorneys at Passman& Kaplan, P.C., a law firm dedicated to the representation of federal employees worldwide. For more information on Passman& Kaplan, P.C., go to http://www.passmanandkaplan.com.

The attorneys at Passman& Kaplan, P.C, are the authors of The Federal Employees Legal Survival Guide, Second Edition, a comprehensive overview of federal employees’ legal rights. To order your copy, go to http://www.passmanandkaplan.com/CM/Custom/Federal-Employees-Survival-Guide.asp. This book originally sold for $49.95 plus s&h, but is now available for $29.95 plus s&h.

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TEACHER-ESE SUPPORT FACILITATOR

• This position does not have any supervisory responsibilities.
• When serving in this role, the Support Facilitator shall not be identified or serve as the teacher of record except when teaching a specified Exceptional Student Education course, for the entire class period, or if teaching an extra period in addition to the ESE Support Facilitator responsibilities. When the Support Facilitator serves in a split assignment, the individual shall adhere to the responsibilities of eachrole asguided by an assignment schedule provided by the local school administration.
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Browsing: management-directed reassignment

Q. I have been reassigned to a position in Atlanta from Albuquerque, N.M. This move is permanent. Do I need a SF 52 prepared to change my duty station and locality pay? Do I need a SF 52 to change my taxes and health insurance? This position is considered virtual. A. All personnel actions must be documented with a Standard Form 52. It will record where you are now, your new duty station and the rate of pay at each. There is no place on the SF 52 to record changes in taxes or health insurance. When your official personnel…

Directed reassignment

Q. I am 46 with 22 years of service, and have been told that I will soon receive a letter of directed reassignment to a job in my same grade far outside my commuting area. When the letter arrives, if I should decline to move to the new position, what are my options for drawing retirement? How about insurance? Severance pay? What about my 401(k) in the Thrift Savings Plan? My performance ratings are not an issue. A. Reg: Because you wouldn’t meet the age and service requirements to retire, you’d only have one option. If you didn’t take a refund of…

Severance pay

Q. I am 59 with 23 years of civilian service under FERS. My organization gave me a management-directed reassignment outside this area (from Virginia to Kansas). I was given 10 calendar days to agree to move or be involuntarily separated through no fault of my own. Am I eligible for severance pay? A. Yes.

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Tests may be created in three ways:

• By directly creating individual questions inside the Test Creator, 
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• Select Test from the assessments tab inside a content area or folder in which you wish to create a test. 
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See detailed instructions with screenshots here.

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• Navigate to Course Management>Control Panel>Tests, Pools and Surveys  
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Remember to look for the More Help link at the top of the page in the header, during each step of Blackboard creation processes for more detail. 

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Basics of creating test/quiz exceptions.

Setting Test Availability Exceptions allows instructors to respond to student emergencies or disability accommodations that require individualized time extension, number of attempts, or dates of access.

To grant student(s) extended time, or unique access dates on timed quizzes or tests:

• Use the chevron next to the title of test/quiz
• Select Edit Test Options
• The third section you’ll see is Test Availability Exceptions
• Select Add User or Group
• Check the box next to the name of the student needing an exception
• If more than one student needs the SAME exception, you can check all the students that will need this specific exception
• Submit those checked names
• Depending on the parameters you’ve set for that test/quiz you will see areas you can edit that will allow that student to see or access it uniquely from your general settings.
• If you have other students who need different settings, use the Add User or Group that appears above the first student exception information.
• Create as many unique situations as you need with this process.
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• Exceptions can be cleared using the X found to the very right of each student’s exceptions detail line.

Assignment Exceptions

Assignments are not timed, so there is no way to provide extended time, unless you use Adaptive Release rules to extend a due date. You can do this based on individual or group, so if you have an individual that needs extra days, you can provide that. 

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Any activity to which you have assigned points in Blackboard will appear in the Grade Center (this includes assignments, tests & quizzes, discussion boards, blogs, and wikis). It always appears in the very last position of the Grade Center, so if you can't find something you just created, just scroll to the right and you should find it. 

Click on the Grade Center and Layout link here for identification of each area within the Grade Center.

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Copying Blackboard Courses

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Once you received the email from Step 4, navigate back to the course you archived and follow Step 1. Then proceed to Step 6.

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South Dakota Facility Needs a Locums Gastroenterologist

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We know the industry because we created it. We’ve built a reputation of quality and professionalism over our 40-year history. We take your physician job search personally. As a physician, you have unique needs when searching for a job or exploring new opportunities. CompHealth is here to help you every step of the job search process, including some you might not have even considered.

Whether you’re seeking a permanent position or l ocum tenens assignments, we work to identify all your needs. Our physician recruiters are backed by specialists in licensing, credentialing, privileging, housing, and transportation. We’re full-service and thoroughly committed to ensuring no detail is missed during your job search and throughout the entire employment process. In addition, every CompHealth physician locum tenens assignment includes malpractice coverage with tail coverage.

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Prospect Management Analyst

• Flexibility : One - Three days a week (depending on your position and department) feel free to skip the commute and hit your deadlines from home. We also offer free UTA TRAX/Bus pass for when you are on campus.
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• UESP 529 College Savings Plan
• Auto/Home Insurance
• Family and Medical Leave Act Responsibilities This role’s primary responsibilities will include: • Fundraiser Support and Collaboration: Meet regularly with advancement officers as they qualify, track, analyze, and solicit prospective donors to reflect their current work in a shared CRM in accordance with University policies and procedures. Make recommendations on prospect strategy and advocate for data-driven models to support portfolios that are focused, dynamic, and sustainable, leading to successful fundraising. • Prospect Management Communications: Comprehensive understanding of Prospect Management policies, procedures, and best practices to coordinate information as helpful guidance to fundraisers and Advancement peers. Ensure fundraisers are aware of and strategically working toward established University metric goals for donor prospect qualification, engagement, solicitation, and successful gift closure. • Support to Advancement community: The Prospect Management Analyst will be a critical partner throughout University Advancement in situations such as potential cross-campus conflicts, timing issues, donor fatigue, or opportunities for additional strategy. As such, confidentiality AND impartiality at the donor and inter-office level are critical to the position. In all situations, the Prospect Management Analyst should be an evangelist of University Advancement’s strategic goals, the One U Philosophy, and the interests of our donors. • Data Integrity: Regularly perform data integrity audits on records in the Advancement CRM to ensure accurate and appropriate records reflect established reporting standards. Specific analytical applications can be taught, but a demonstrated competency with data sets and data hygiene is critical for this role. • Process innovation: You will work closely with the Associate Director of Prospect Development to research, propose, and implement new reporting templates and processes that will enhance the timeliness, quality, and usefulness of the services you provide to Advancement stakeholders. • Ongoing proposal entry and support as well as other duties as assigned. This role will also work on its own and in conjunction with Prospect Research and Information Services to: • Manage and assign pools of identified potential prospects for fundraisers to qualify and solicit • Make recommendations on prospect strategy, as necessary • Advance data-driven fundraising models Adhere to the highest professional code of conduct outlined in the CASE Statement of Ethics and the AFP Code of Ethical Standards, as well as practice compliance with HIPAA, GRAMA, and University and Advancement policies. Minimum Qualifications Requires a Bachelor’s degree in a related area of assignment or equivalency (one year of education can be substituted for two years of related work experience); two years of related experience. Demonstrated human relations and effective communication skills required. This position has no responsibility for providing care to patients. Preferences The ideal candidate will have: • Experience in prospect development for nonprofit fundraising • Experience in cross-collaboration with key stakeholders including leadership and Advancement partners • Experience using Salesforce or similar CRMs • Experience with and understanding of nonprofit and/or higher education fundraising • Track record of providing excellent customer service to stakeholders • Demonstrated competency with data sets, data hygiene, and data maintenance • Experience with presenting or providing guidance on technical and policy information to individuals and groups • Demonstrated ability to strategize and resolve conflicts in and with small groups Special Instructions Requisition Number: PRN38640B Full Time or Part Time? Full Time Work Schedule Summary: Monday - Friday, 8:00am-5:00pm Department: 00289 - Development Location: Campus Pay Rate Range: $50,000 - $60,000 Close Date: Open Until Filled: Yes To apply, visit https://utah.peopleadmin.com/postings/165059 jeid-bb3ab401f7db3d4486dbb53771407c46

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