161.21 LAYOFFS/JOB ABOLISHMENTS.

   (a)   Layoffs. When it becomes necessary to reduce the work force in any job classification of a department, the most recently hired member in point of active service in that classification with the department shall be the first laid off and any layoff thereafter shall be by reverse seniority, beginning with the least longevity.

   (b)   Job Abolishments. Employees may be laid off as a result of abolishment of positions. When a promotional position is abolished, the incumbent shall displace the next less senior employee in that rank or position, the person thereupon displaced shall displace the next least senior employee in point of service in the next lower rank or position, until the least senior employee in point of service has been reached, who shall be laid off.   

   (c)   Reason for Action. Layoffs or job abolishments may be effected by the City due to a lack of work, lack of funds or for any other nondisciplinary reason.

   (d)   Notice of Action. The City shall provide an employee who is to be laid off or displaced with notice of said action at least fourteen calendar days prior to said action. This notice shall be sent by certified mail, return receipt requested, to the employee's home address of record or hand delivered to the employee such that the notice is received on or before the fourteenth day prior to the layoff or displacement action. If the notice is hand delivered, the recipient shall sign a receipt for the same. The notice shall contain the following information:

      (1)   The reason or reasons for the layoff or displacement;

      (2)   The effective date of the layoff or displacement;

      (3)   A listing detailing the employee's seniority in relation to other employees in the department;

      (4)   A statement advising the employee of such employee's reinstatement rights; and

      (5)   A statement advising the employee of such employee's responsibility to maintain a current address with the City.

   (e)   Reinstatement.

      (1)   Should an abolished position be recreated or reestablished within three years from the date of abolishment, or should a vacancy occur through death, resignation, or any other cause within three years from the date of layoff or displacement, the most senior employee in point of service of those laid off shall be entitled to the position provided said employee is otherwise qualified to assume the position.

      (2)   If any employee, laid off or displaced as described in this section, enters into the active service of the Army, Navy, Marine Corps, Air Force, Coast Guard, or any other Armed Services, the period such employee serves therein shall not be considered in the determination of the three years stipulated as a maximum time within which reinstatement shall be made; such three year period shall be computed exclusive of the time the employee has spent in such above Armed Services.

         (Ord. 104-93. Passed 12-21-93.)