Needles Municipal Code Art. 15 XII Layoff Policy And Procedure

15-77 Statement Of Intent 15-78 Notification 15-79 Vacancy And Demotion 15-80 Employee Rights 15-81 Seniority 15-82 Employment Status 15-83 Reemployment List 15-84 Duration Of Reemployment List

15-77 Statement Of Intent

Whenever, in the judgment of the city council, it becomes necessary to abolish any position or employment, the employee holding such position or employment may be laid off or demoted without disciplinary action and without the right of appeal. (Res. No. 7-7-87-2, Rule XI, (part).)

15-78 Notification

Employees to be laid off shall be given notice, whenever possible, at least fourteen calendar days prior to layoff. (Res. No. 7-7-87-2, Rule XI, (part).)

15-79 Vacancy And Demotion

From time to time it may become necessary for the city make a reduction in work force. In such events, the city manager shall demote affected employees (in the order set forth in Articles II through XVII) to vacancies, if any, for which the affected employees are qualified. Employees so demoted shall, upon their request, have their names placed on the reemployment list. (Res. No. 7-7-87-2, Rule XI, (part).)

15-80 Employee Rights

An employee affected by layoff may have the right to displace another employee. The displaced employee need not be in the same department but must have less seniority and be in the same class or in a lower class from which the affected employee once had regular status. For the purpose of this section, seniority includes all periods of full-time service in or above the classification level where layoff is to occur. (Ord. No. 359-AC, § 2.)

15-81 Seniority

1. In order to retreat to a former or lower position an employee subject to layoff must have more seniority than at least one of the incumbents in the “retreat” class, such employee must request displacement action, in writing, directed to the city manager and within five working days from the date the employee receives notice of layoff.
2. An employee retreating to a lower or similar position shall be placed at the salary step resulting in the least loss of pay. In no case shall the employees receive a salary increase in the “retreat” position.
3. Employees retreating to a lower or similar position shall serve a provisionary period in the new position unless they have previously and successfully completed a provisionary period in that position. (Res. No. 7-7-87-2, Rule XI, (part).

15-82 Employment Status

1. In each class of position, employees shall be laid off according to employment status in the following order: temporary, transitory, provisional and regular.
   2. The city manager shall lay off temporary, transitory and provisionary employees, according to the needs of the service as the city manager determines.
   3. From time to time two or more regular employees may have position in the class from which a layoff is to be made. Layoff of such employees shall be predicated on the basis of the last evaluation rating in the class, if such rating has been on file at least thirty days and no more than twelve months as follows: 1. First, all employees having ratings of “improvement needed”; 2. Second, all employees having ratings of “satisfactory”; 3. Third, all employees having ratings of “excellent.”
   4. Employees within each rating category shall be laid off in inverse order of seniority. (Res. No. 7-7-87-2, Rule XI, (part).)

15-83 Reemployment List

The names of persons laid off or demoted in accordance with these rules shall be entered upon a reemployment list. Lists from different departments, or from different times, for the same class of positions shall be combined into a single list. The city manager shall use such lists when a vacancy arises in the same or lower class of position. (Res. No. 7-7-87-2, Rules XI, (part).)

15-84 Duration Of Reemployment List

Names of persons laid off shall be carried on a reemployment list for one year. Provided, however, persons appointed to regular positions at the same level as that from which such person was laid off, shall upon such appointment be dropped from the list. Persons reemployed in a lower class or on a temporary basis shall be continued on the reemployment list for the higher position for one year, said list to be updated annually. (Res. No. 7-7-87-2, Rule XI, (part).)