(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.)