An employee may be separated from the service of the city by any one of the methods described below.
(A) Resignation. To resign in good standing, an employee should give, in writing, his division head or department head at least 14 calendar days’ prior notice. Normally, failure to comply with this rule shall be entered on the service record of the employee and shall result in a denial of re-employment rights. However, the division or department head, with the approval of the Director of Human Resources, may exempt an employee who has given less than the required notice, if, in his judgment, exceptional circumstances warrant the exemption.
(B) Compulsory resignation. An employee who, without valid reason, fails to report to work for three consecutive workdays without authorized leave shall be separated from the payroll and reported as a compulsory resignation. The employee is not eligible for re-employment.
(C) Lay-offs. Any involuntary separation not involving delinquency, misconduct or inefficiency shall be considered a lay-off.
(1) When it becomes necessary to reduce the working force in a Department or division, because of lack of funds or other causes, employees shall be laid off on the basis of seniority provided that the employees retained shall have the ability and be able to perform the duties of the position.
(2) If a permanent employee is scheduled to be laid off, he may be offered a demotion to a lower class if qualified, as determined by the Director of Human Resources, and a suitable vacancy exists. Salary placement shall be determined by the Director of Human Resources.
(3) Prior to reduction in force, the names and job titles of any and all permanent employees scheduled for lay-off shall be submitted to the Department of Human Resources for approval. The Director of Human Resources must approve and confirm the names submitted for lay-off before any lay-off is consummated.
(4) Permanent employees shall be notified in writing by the department head of their lay-off at least 14 calendar days prior to the effective date of the lay-off.
(D) Disability. A department head or the Mayor may direct any employee under his jurisdiction to be examined by a physician selected by the city to determine if the employee can perform the essential functions of his job with a reasonable accommodation. If the employee is unable to perform the essential functions, he shall be laid off or, if eligible, be retired, in accordance with the provisions of the Americans with Disabilities Act as amended from time to time.
(E) Loss of job requirements. Any employee who is unable to perform his job duties because of a loss of a necessary license or other requirement shall be separated by a lay-off unless the employee is qualified to perform the work in another position in the Department, there is a vacancy and the placement is approved by the Director of Human Resources.
(F) Dismissals. Dismissals are discharges or separations made for delinquency, misconduct, inefficiency or inability to perform the work of the position satisfactorily.
(1) Reasons for dismissal. Dismissals of permanent employees shall be effective only after the person to be discharged has been presented with the reasons for the discharge, specifically stated and has been allowed a reasonable time to reply to the charges in writing. The reasons and the reply shall be filed with the Director of Human Resources.
(2) Right to hearing. The person to be discharged shall have the right to a hearing, not precluding representation by any individual or organization of his own choosing, before the Civil Service Commission. The decision of the majority of the members of the Civil Service Commission shall be final.
(3) Dismissal of probationary employees. Dismissals of probationary employees shall not be subject to appeal to the Civil Service Commission.
(4) Effect of collective bargaining agreements. Notwithstanding the foregoing this provision shall not apply to employees whose appeal rights are set forth pursuant to a collective bargaining agreement.
(G) Dismissal or removal of department heads. Dismissals or removal of department heads or designated management employees (as may be set forth in this Charter or ordinances) shall be conducted as required by the Charter of the city, as may be further supplemented by ordinance or employment contract.
(H) Death. When a permanent employee dies while in the classified service of the civil service of the city, his estate shall be eligible to receive his accumulated annual leave, pursuant to the applicable employment contract or collective bargaining agreement.
(Ord. passed 12-22-2003; Ord. passed 3-7-2005)