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(a) The determination of the existence of a lack of funds or a lack of work shall be made by the appointing authority of the City.
(b) The appointing authority shall provide the Civil Service Commission with a statement of rationale and supporting information for the determination of the lack of funds or lack of work as is available prior to the time the layoff notices are mailed or delivered to the affected employees. The statement of rationale and supporting information shall be filed with the Commission prior to sending the notices of the layoff to employees.
(Ord. 92-1458. Passed 10-6-92.)
(a) Reasons for Abolishment. An appointing authority may abolish positions in the classified civil service for any of the following reasons:
(1) As a result of a reorganization for the efficient operation of the appointing authority;
(2) For reasons of economy; or
(3) For lack of work which is expected to be permanent.
A lack of work shall be deemed permanent if it is expected to last more than one year.
(b) Determination in Filing a Statement of Rationale and Supporting Information. The determination to abolish positions shall be made by the appointing authority. The appointing authority shall file with the Civil Service Commission a statement of rationale and supporting information for the determination to abolish positions. This statement of rationale and supporting information shall contain information as is available prior to the time the layoff notices are mailed or delivered to the employees to be laid off as a result of the abolishments.
(Ord. 92-1458. Passed 10-6-92.)
Whenever a reduction in the workforce is necessary, the appointing authority shall determine the classification or classifications in which the layoff or layoffs shall occur, and the number of employees to be laid off within each classification.
(Ord. 92-1458. Passed 10-6-92.)
(a) Appointment Categories Established. For purposes of this chapter, the appointment categories within the classification for lay-off identified pursuant to Section 157.91
for order of layoff of employees are as follows: unclassified service, classified service.
(b) Progression of Layoffs. Layoffs shall be based upon ascending retention point order beginning with the employee having the fewest retention points. In cases where two or more employees have identical retention points, the tie shall be broken in accordance with Section 157.93
.
(c) Order of Layoff Within Appointment Categories. Within each appointment category, employees shall be laid off in the following order:
(1) Employees serving provisionally who have not completed their probationary period after appointment;
(2) Employees serving provisionally who have completed their probationary period after appointment;
(3) Certified employees who have not completed their probationary period after appointment; and
(4) Certified employees who have completed their probationary period after appointment.
(d) Computation of Retention Points.
(1) Assignment of retention points for continuous service.
A. Computation of retention points for continuous service shall be made by crediting each full-time employee with one retention point for each completed thirteen weeks of continuous service with the City.
B. Overtime shall not be considered for purposes of computation of retention points for continuous service.
(2) Assignment of retention points for relative efficiency.
A. Performance Evaluations Used. Computation of retention points for efficiency in service (relative efficiency) shall be made by using the performance evaluations of employees. Only the performance evaluations on file with the Civil Service Commission at the time retention point lists are submitted for verification shall be used for the calculation of retention points for relative efficiency. Performance evaluations to be used in calculating retention points of employees who have completed the required probationary period following appointment shall be used as follows:
1. Averaging the performance evaluations completed within the last twenty-four months.
2. If the employee has less than two years of continuous service then the probationary period evaluations shall be included.
3. No retention points for relative efficiency shall be given to employees who have not completed their probationary period.
(e) Formula for Assigning Retention Points. Assignment of retention points for relative efficiency shall be made according to the following formula:
Total Score on Performance Evaluation | Point |
20 and below | 0 |
21 - 28 | 1 |
29 - 36 | 2 |
37 - 44 | 3 |
45 - 52 | 4 |
53 - 60 | 5 |
61 - 68 | 6 |
69 - 76 | 7 |
77 - 84 | 8 |
85 - 92 | 9 |
93 - 100 | 10 |
An employee who has completed a probationary period and has not been evaluated or whose performance evaluations are not on file in the personnel files of the City, shall be assigned the maximum number of retention points for efficiency.
(Ord. 92-1458. Passed 10-6-92.)
(a) In the event two or more employees have identical retention points as calculated by this chapter, the tie shall be broken by utilizing, in the following order, the following methods:
(1) First, employees having the most recent date of continuous service from which no break in service has occurred shall be laid off or displaced first; and
(2) Second, the appointing authority shall determine the employee to be laid off or displaced first.
(Ord. 92-1458. Passed 10-6-92.)
(a) The appointing authority shall submit the list of employee retention points with the request for verification. The list submitted for verification of retention points shall identify those persons being considered for layoff and/or the positions being considered for abolishment.
If an appointing authority indicated a different date of original hire for computation of retention points than the date indicated by the Civil Service Commission, then the change shall be supported by documentation which shall be submitted with the list.
(b) The Commission shall verify the calculation of retention points of the employees on this submitted list.
(c) Once an appointing authority has submitted the list of retention points and employees to the Commission, the appointing authority may not move employees into or out of affected classifications by means of promotions, transfers, voluntary demotions, lateral moves or classifications, or reassignments, except that implementation of the findings of a position audit commenced prior to the date of submission of the list for verification of retention points shall be implemented.
(d) Personnel action forms and recall lists resulting from a layoff or displacement shall be received by the Commission at least seven days prior to the effective date of a layoff or displacement.
(Ord. 92-1458. Passed 10-6-92.)
(a) Each employee to be laid off shall be given advance written notice by the appointing authority. Such written notice shall be hand-delivered to the employee at work or mailed by certified mail to the employee's last known address on file with the appointing authority. If hand- delivered, such notice shall be given at least fourteen calendar days before the effective date of layoff or layoff due to displacement, and the day of hand delivery shall be the first day of the fourteen-day period. If mailed, such notice shall be mailed at least seventeen calendar days before the effective date of the layoff or layoff due to displacement. The day the letter is mailed shall be first day of the seventeen day period.
(b) Each notice of layoff or displacement shall contain the following information:
(1) The reason for layoff or displacement;
(2) The effective date of the layoff or displacement;
(3) The employee's accumulated retention points;
(4) The right of the employee to appeal a layoff or displacement to the Civil Service Commission and that the appeal shall be made within ten days after the employee has received notification of layoff or displacement;
(5) A statement advising the employee that he may have the right to displace another employee and that the employee shall notify the appointing authority in writing of his desire to exercise his displacement rights within five days of date of notification;
(6) The statement advising the employee of the right to reinstatement or reemployment;
(7) A statement that, upon request by the employee, the appointing authority shall make available a copy of this rule of the Commission; and
(8) A statement that the employee is responsible for maintaining a current address with his appointing authority.
(Ord. 92-1458. Passed 10-6-92.)
(a) Each employee laid off or employee whose position has been abolished, or displaced as a result of a layoff, shall have the right to displace another employee with the fewest retention points in the manner provided in this rule. Displacement rights of an employee may only be exercised within the employee's appointing authority.
(b) An employee who is to be laid off may exercise his displacement rights under the provisions of this chapter, or be laid off. Displacement occurs the date the employee is notified that another employee has exercised his right of displacement, and that the employee with fewer retention points is to be displaced. A displaced employee may exercise a right to displace another employee if such right to displace exists. If the displaced employee does not have the right to displace another employee, then the displaced employee shall be laid off.
(c) Employees shall notify their appointing authority, in writing, of their intention to exercise their displacement rights within five days of their receipt of notice of layoff or displacement.
(d) Within the order of displacement set forth in this rule a laid off employee exercising his displacement rights shall displace the employee with the fewest retention points. Employees shall only have the right to displace employees with fewer retention points in the order established in Section 157.97.
(e) In no event shall a laid off provisional employee have the right to displace a certified employee.
(f) No employee shall displace an employee for whose position or classification there exists special minimum qualifications unless the employee desiring to displace another employee possesses the requisite minimum qualifications or bonafide occupational qualifications for the position or the classification. The special qualifications shall be established by a position description for the position, by classification specification minimum qualification statement, or by bonafide occupational qualifications for the position(s) or classification. The appointing authority shall be responsible for establishing the necessity of special qualifications for a position.
(g) An employee exercising his displacement rights to a position or an employee displaced as a result of a layoff or abolishment shall be paid according to the pay range assigned to the classification into which the employee displaced or was displaced.
(Ord. 92-1458. Passed 10-6-92.)
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