(a) Layoff and Abolishment. Classified employees may be laid off or their positions abolished whenever an appointing authority deems a reduction in force necessary for reasons of efficiency, lack of funds, lack of work or other lawful purpose. The decision of whether to lay off or abolish is at the sole discretion of the appointing authority. The appointing authority may:
(1) Lay off whenever the appointing authority deems it necessary to temporarily reduce the total number of employees for a period less than one (1) year; or
(2) Abolish positions whenever an appointing authority deems it necessary to permanently eliminate one or more positions.
(b) Procedure. In the event that an appointing authority conducts a layoff or abolishment, the following steps shall be followed:
(1) The appointing authority shall submit to the Department of Human Resources a statement explaining the need for the action and setting forth a projection of the number of positions within the classification(s) to be affected, and, in the case of a layoff, the expected duration.
(2) In the event of a layoff, the appointing authority shall determine the classification(s) to be affected.
(3) In the event of an abolishment, the appointing authority must identify the position(s) within the classification(s) to be affected.
(4) The appointing authority shall provide to the Department of Human Resources a timetable of events setting forth:
A. The effective date of the action; and
B. The date on which notices will be sent to affected employees, which must be a minimum of seven (7) calendar days prior to the effective date.
(5) The appointing authority shall certify to the Department of Human Resources that no employee has been moved into or out of the affected position within the preceding thirty (30) calendar days.
(6) The appointing authority shall provide the Department of Human Resources with a list of affected employees, and their respective anniversary hire dates with the appointing authority.
(c) Retention Points.
(1) Appointing authorities shall compute the total retention points for each employee in the classification(s) affected by a layoff or position abolishment. In the case of an abolishment, retention points shall be calculated for employees in the classification in which an affected employee may have displacement rights.
(2) Retention points for an employee are determined by the length of service. Length of full-time service points shall be calculated on the basis of one (1) point for each bi-weekly pay period of completed, continuous unbroken service with the appointing authority. A break in service exceeding one (1) year shall cause the employee's service date to become the hire date after the break. Approved leaves of absence lasting no more than three (3) years are excluded from the computation of retention points.
(3) Temporary employees will be given service credit only for pay periods in which the employee worked.
(4) Retention points for other than full-time service shall be calculated on the basis of one-half (.50) point for each bi-weekly pay period of continuous service.
(5) The date for calculation of retention points shall be the pay period ending date, prior to the pay period in which retention points are received for verification by the Department of Human Resources.
(6) In the event two or more employees have identical retention points as calculated by this section, the tie shall be broken by using the following methods, in the following order:
A. 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
B. Second, the appointing authority shall determine the employee to be laid off or displaced.
(d) Order of Layoff. In the case of a layoff, the targeted number of employees in each affected classification having the fewest retention points will be laid off. For the purpose of this section, the order of layoff of employees in the same affected classification is as follows:
(1) New hire employees serving in an initial probationary period shall first be considered.
(2) Interim, intermittent and student employees.
(3) Part-time seasonal employees.
(4) Full-time seasonal employees.
(5) Part-time employees who have not completed their probationary period.
(6) Part-time employees who have completed their probationary period.
(7) Full-time employees who have not completed their probationary period.
(8) Full-time employees who have completed their probationary period.
The progression of layoff shall be based upon retention point order beginning with the employee having the fewest retention points and continuing to the employee with the most retention points. Where two or more employees have identical retention points, the tie shall be broken in accordance with 169.13(c)(6).
(e) Order of Abolishment. In the case of an abolishment, the employee serving in the affected position may displace an employee in the same classification having the fewest number of retention points. In the event there is no opportunity to displace an employee within the same classification, the affected employee may displace within the next lower classification of the classification series by displacing the employee having the fewest retention points. In the event there is no displacement opportunity, the affected employee's employment within the appointing authority shall be terminated.
(f) Displacement. Displacement rights exist only in the event of abolishment of a classified position. Each employee in an abolished position shall have the right to displace an employee with fewer retention points in the same or lower classification within the same classification series. Displacement shall be permitted only within the department or division of the appointing authority from which the abolishment occurred.
(1) Notice. An employee exercising a displacement right must notify the appointing authority of the employee's intent to displace within five (5) calendar days after receipt of a notice of abolishment or displacement.
(2) Minimum Qualifications. No employee shall displace an employee in a position requiring special minimum qualifications unless the employee possesses the required minimum qualifications.
(3) Pay. An employee exercising displacement rights to a position, or an employee displaced as a result of an abolishment shall be paid according to the pay range assigned to the classification into which the employee is displaced. The employee shall be assigned to a rate in the pay range which is nearest to but not exceeding the rate at which the employee was paid in the classification held prior to displacement. If the rate the employee was assigned in the prior classification exceeds the highest rate in the pay range assigned to the new classification, the employee will be assigned the highest rate of the new classification.
(4) Termination. An employee in an abolished position having no displacement right, or a displaced employee having no further displacement right, shall be terminated.
(g) Reinstatement of Rights of Laid-Off Employees.
(1) Recall List. Appointing authorities having laid-off employees shall create a recall list of reinstatement. The list shall state the employees' names, their classifications, retention points, and date of commencement of continuous service in descending retention point order for each classification of layoff. The employee's name shall remain on the appropriate layoff list for a period of one (1) calendar year from the date the employee was first laid off.
(2) In the case of identical retention point ratings, the order of recall shall be in the reverse order of layoff.
(3) Employees having the greatest retention points shall be recalled first to open positions only within their department or division of lay-off, and within their classification of lay-off. Employees must respond in writing to a recall notice of their acceptance or refusal of the recall within seven (7) calendar days of their receipt of notice. Failure to respond within the time period shall result in removal of their name from the recall list.
(4) Employees having the greater retention points within their department or division of lay-off shall be notified first by certified mail of open positions within their classification series or other classifications for which they may be qualified. Failure to respond, acknowledging acceptance or refusal of the position within seven (7) calendar days of their receipt of notice shall not give cause for removal from the Appointing Authorities recall list but shall prevent further notification of open positions, other than the classification from which they were laid off.
(h) A classified employee may appeal a layoff, abolishment or a displacement which is the result of a layoff or abolishment, to the Human Resource Commission. The appeal shall be filed or post-marked no later than ten (10) days after receipt of the notice or layoff or abolishment or after the date the employee is displaced. The appeal shall be governed by the Human Resource Commission Rules.
(Ord. 2004-596. Adopted 2-14-05.)