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Question Personnel Action

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2 years 2 months ago - 2 years 2 months ago #11037 by finley gomez
finley gomez created the topic: Personnel Action
The vaccination program of the LGU was in need of additional personnel. The Municipal Mayor decided to assigned a regular Engineer III from the Municipal Engineer's Office to the vaccination site.

From his permanent position as Engineer III he was assigned at the vaccination site to assist the general public in filing out vaccination form, and to report back to his office (Municipal Engineer's Office) after his duty at the vaccination site.

The official functions of Engineer III at the Municipal Engineer's Office based on his IPCRs are as follows:
a. Conduct site inspection and appraisal through ocular inspection and assessment against standards, in order to determine the topography and availability of buildable space and volume of cut and fill to be included in the program of work.

b. Conduct site inspection of areas affected by disasters to determine extent of damage and repair needed.

c. Assess on a periodic basis the progress of construction work and report to concerned parties to take corrective action as needed to ensure adherence to program of works, quality standards, and time schedule for completion.

d. Prepare program of works for minor facilities repair to guide the activities and procurement of materials and labor.

Is the movement made, assigning the Engineer III from the Municipal Engineer's Office to the vaccination site can only be considered as a physical transfer with a new station and new duties albeit inconsistent with the duties of his Engineer III position?

Is the movement can be considered as reassignment?

Is the case of Engr. Robert L. Ong re: reassignment (CSC Decision No. 14-0308 dated April 23, 2014) applicable in this case? The Honorable Commission considered the movement of Engr. Ong as reassignment however found it invalid.

Thank you very much and GOD bless.
Last Edit: 2 years 2 months ago by finley gomez.

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2 years 2 months ago #11041 by Action Officer
Action Officer replied the topic: Personnel Action
Good day Sir/Madam:

Please be informed that as a matter of policy, this Office refrains from rendering categorical opinions on matters and issues that may later be a subject of an administrative proceeding before the Commission either via an appeal or a complaint. This is to preclude the possibility of prejudgment should an actual administrative case be commenced or instituted based on the said matters or issues.

Anent your query, the movement may be considered as reassignment or designation depending on the Office Order issued by the appointing officer/authority. Based on your representations, the movement may be considered as reassignment, such that it is presumed to be regular and made in the interest or exigency of public service (situations wherein there will be disruption in the delivery of basic or vital services or emergency/crisis situation or there is a need to respond to the demands of public service), unless proven otherwise or if it constitutes constructive dismissal.

As regard your second query, this Office emphasizes that it cannot render categorical opinions on matters and issues that may later be a subject of an administrative proceeding before the Commission, especially since the factual circumstances of the present case may differ from that of the Ong case.

We hope that we were able to answer your query.
The following user(s) said Thank You: finley gomez

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2 years 2 months ago #11042 by finley gomez
finley gomez replied the topic: Personnel Action
Thank you very much CSC Action Officers for the fast reply. Kudos to all of you :)

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