I represent an assistant fire chief who, along with a number of other officers and and firefighters, was "reorganized". In his case it lead to a demotion of two ranks and a pay cut. It's our understanding that many departments don't permit a pay cut when there is a non-disciplinary demotion. In other words, if you are demoted, through no fault of your own, you still get the same pay, but no pay increase until the pay for the lower rank catches up with your own pay.
If anyone has any department policy or materials that support preserving the same pay for someone who has been subject to a nondisciplinary demotion, we would be very grateful to have it forwarded. My guy is in serious need of some paper to back him up. Thank you.
Respectfully,
J. Pineau
Attorney
johnpineau@yahoo.com
303.440.4444
Thats a thin line for sure I am sure each state thats paid has their own union criteria but here in NJ under civil service you can be demoted due to paycuts or reorganization or if applied dept. cuts state agencies can not and from what i have seen and hear never promise ates let alone a lesser position for higher pay the obvious thinking being that everyone would apply to this position nd not worry about holding it cause tey would recieve a higher pay rate it would cause mass inter dept issues. Alos what the dept. has as far as by laws ,constitution, is tossed out over their district admin or again the state contract, plus one other little thing will come into play the public paying those salaries in taxes. not legal jaron but think you get what i mean..lol