Puentevella told: ‘Reinstate Bacolod HR head’-A A +A
Thursday, March 27, 2014
THE Civil Service Commission (CSC) in Western Visayas has directed Bacolod City Mayor Monico Puentevella to restore Gilda Lluisma to her original station as human resource management officer IV.
The order was issued by CSC Regional Director Rodolfo Encajonado in his decision dated March 7, declaring Memorandum Order No. 029-7-13 issued by the mayor reassigning Lluisma from the Human Resource Management Service to the City Agricultural Office (CAO) as invalid.
This is the third time that Puentevella's decision to transfer personnel and office heads was found not in consonance with CSC rules.
LLuisma filed a complaint against Puentevella for abuse of authority, constructive dismissal and acts prejudicial to the best interest of the public before the CSC and appealed his memorandum dated July 26, 2013.
She said the very purpose of the reassignment is to harass her and make her life and work in the government service uncomfortable, unbearable, and shameful.
LLuisma said her reassignment to the Agriculture Office to provide assistance in the implementation of office programs and projects is pure and simple “smoke screen” to the real intention of the mayor to kick her out from public service.
She added that the CAO has a plantilla of four personnel, who are composed of technical people and experts in their respective fields, and that she is in a quandary in what manner she would be supervising the implementation of programs and projects of the CAO which is highly technical and needs expertise.
LLuisma said, as HRMO IV, he holds a Salary Grade 22 position and her general function is to prepare and review the standards and procedures relative to various personnel action. She was appointed HRMO IV on July 1, 2009.
However, Puentevella maintained that the reassignment of Lluisma is valid and legal.
Puentevella’s memorandum stated that her reassignment will “remain effective until otherwise revoked.”
In his decision, Encajonado said a plain reading of the memorandum of Puentevella readily reveals its infinity.
It failed to abide by the requirement that reassignment should not involve reduction in rank and not tantamount to constructive dismissal of the employee, he added.
First, the memorandum directed Lluisma to perform a function which is totally farfetched and removed from the functions of her position as HRMO IV. Encajonado said.
The memorandum of Puentevella violated the prohibition in Memorandum Circular 2, Series of 2005 on reassignment of employees to an office not existing in the organizational structure, he said.
Encajonado also said the reassignment of Lluisma to the CAO on the flimsy ground that she will “take care of the concerns and records” of the employees of the office totally stripped her of her supervisory functions. It is parallel to reduction in rank which violates the employee’s right to security of tenure.
“It must be emphasized that a reassignment which involves reduction in rank is a violation of an employee’s security of tenure. Hence, it is invalid,” the CSC official said.
Encajonado said the appointment of Lluisma specifically and distinctively stated that her work station is the HRMS. Under MC No. 2, Series of 2005, employees with station-specific appointments should not be reassigned for a period of more than one year.
The CSC also advised incoming elective and appointive officials to respect the constitutional right to security of tenure of career service officials and employees with valid appointments.
Published in the Sun.Star Bacolod newspaper on March 27, 2014.