(A) Layoff procedure. Whenever it becomes necessary for an appointing authority to reduce its work force in any department except police and fire, the appointing authority shall lay off employees or abolish their positions in accordance with civil service law and the rules of this Commission. Employees may be laid off as a result of lack of funds, lack of work or abolishment of positions.
(B) Order of layoff. Whenever a reduction in force is necessary within each of the primary appointment categories, first seasonal, then part-time permanent and then full-time permanent 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 satisfactorily completed their probationary period afer appointment;
(3) Employees appointed from certified eligible lists or who are certified and who have not completed their probationary period after appointment;
(4) Employees appointed from certified eligible lists or who are certified and who have satisfactorily completed their probationary period after appointment.
(C) Retention points.
(1) Retention points to reflect systematic consideration of seniority and relative efficiency for all employees will be assigned by the Commission. Credit for relative efficiency may be less than but shall not exceed ten percent of total retention points.
(2) Retention points will be determined as follows:
(a) Employees shall be assigned one seniority point for each completed 520 hours (excluding overtime hours) of continuous service or 13 full weeks of service for a full-time employee. These seniority points shall be added to a base factor of 100 points, this yielding total seniority points.
(b) Using the chart below, employees shall be assigned efficiency points by: averaging the latest two annual performance evaluations; or using the latest performance evaluation, if less than two years of service; or using the latest probationary performance evaluation, if less than one year of service. Employees who have not been currently evaluated shall be given the maximum number of efficiency points. In no event shall a special performance evaluation be conducted or used for purposes of computing efficiency points.
Total Score on Performance Evaluation | Efficiency Points |
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 |
(3) The total seniority points plus the total efficiency points equals the total retention points. In cases of identical retention points ratings, those employees having least seniority in terms of actual date of hire will be laid off first.
(D) Displacement rights.
(1) A laid-off employee in the classified service has the right to displace the employee with the fewest retention points in the classification from which the employee was laid off or in a lower or equivalent classification, in the following order:
(a) Within the classification from which the employee was laid off;
(b) Within the classification series from which the employee was laid off;
(c) Within a classification which, according to Commission Rules, has the same or similar duties as the classification from which the employee was laid off; and,
(d) Within the classification the employee held immediately prior to holding the classification from which the employee was laid off if the laid-off employee was certified in the former classification and if the employee held the classification less than five years prior to the date on which the employee was laid off.
(2) A laid off employee may not displace another employee if the laid off employee does not meet the minimum qualifications of the classification.
(3) Any employee displaced by an employee possessing more retention points shall displace the employee with the fewest retention points in the next lower classification or successively lower classification in the same classification series; except that a displaced provisional employee shall not displace a certified employee. This process shall continue, if necessary, until the employee with the fewest retention points in the lowest classification of the classification series of the same appointing authority or independent institution has been reached and, if necessary, laid off.
(E) Notification of layoff, displacement and recall.
(1) Each employee to be laid off shall be given advance written notice of the layoff by the appointing authority. Such written notice shall be hand-delivered to the employee at work or mailed certified mail to the last address on file with the appointing authority. If hand-delivered such notice shall be given 14 calendar days, before layoff and the day of hand-delivery shall be the first day of the 14 day period. If mailed, such notice shall be given 17 calendar days before layoff and the day of posting shall be the first day of the 17th day period.
(2) Each notice of layoff or displacement should contain the following information:
(a) The reason for layoff or displacement;
(b) The effective date of the layoff or displacement became effective;
(c) The employee's retention points;
(d) The right of such employee to appeal to the Commission and the time within which to file an appeal;
(e) If the employee has the opportunity to displace, a statement advising the employee of the right to displace another employee and the length of time within which the employee may displace (bump) another employee;
(f) A statement advising the employee of the right to reinstatement or re-employment;
(g) A statement that, upon request by the employee, the appointing authority will make available a copy of rules regarding layoffs.
(h) A statement that the employee is responsible for maintaining a current address with his or her appointing authority.
(3) A notice which deviates from the above list may be viewed by the Commission to determine substantial compliance and/or harm to the employee.
(F) Reinstatement from layoff.
(1) An employee who is laid off retains reinstatement rights in the agency from which he or she was laid off. Reinstatement rights continue for one year from the date of layoff. During this one-year period, in any layoff jurisdiction in which an appointing authority has an employee on a layoff list, the appointing authority shall not hire or promote anyone into that classification until all laid-off persons on a layoff list for that classification are reinstated or decline the position when it is offered.
(2) Each employee recalled from layoff shall be notified of the offer of reinstatement or re-employment by certified letter. The notice of re-employment shall contain a statement that refusal of re-employment shall result in removal of such employee's name from the jurisdictional layoff list. Each recalled employee shall be allowed ten calendar days from the date of receipt of the letter to return to work, and such time limit shall be explained to the employee in the notification of recall letter.
(3) In the event of extenuating circumstances (e.g., illness, injury, or other good cause as determined by the Commission) preventing the employee from returning within the above time limit, the employer shall grant a reasonable extension, not to exceed 60 days. In the absence of extenuating circumstances, an employee not accepting or declining reinstatement or re-employment within ten days shall be deemed to have declined reinstatement or re-employment for purposes of removal under these rules.
(G) Appeal of layoff or reduction. A classified employee may appeal a layoff, or a displacement which is the result of a layoff to the Commission. The appeal shall be filed or post-marked no later than ten days after receipt of the notice of layoff or after the date the employee is displaced.
(H) Establishment of layoff lists. Employees who have been laid off or who have, by virtue of exercising their displacement rights, been displaced to a lower classification in their classification series, shall be placed on appropriate layoff lists. Those employees with the most retention points shall be placed at the top of the layoff list to be followed by employees ranked in descending total retention order. Laid-off employees shall be placed on layoff lists for each classification in the classification series equal to or lower than the classification in which the employee was employed at the time of layoff.
(I) Layoffs or reductions in the Police and Fire Departments. Whenever it becomes necessary in the Police and Fire Departments, through lack of work or funds, or for causes other than those outlined in Ohio R.C. 124.34, to reduce the force in those departments, such changes shall be made in accordance with the provisions of Ohio R.C. 124.37 and the provisions of these rules.
(Ord. 2001-03, passed 1-16-01)