Chapter 4.04 — LAYOFF PROCEDURES

Whenever, in the judgment of the city manager, it becomes necessary to abolish any position of employment, the employee holding such position may be laid off or demoted without disciplinary action and without the right of appeal.

(Ord. 97-4 §1(part), 1997).

Employees to be laid off shall be given, whenever possible, at least fourteen calendar days' prior notice.

(Ord. 97-4 §1(part), 1997).

Except as otherwise provided, whenever there is a reduction in the work force, the appointing authority shall first demote to a vacancy, if any, in a lower class for which the employee to be laid off is qualified. All persons so demoted shall have their names placed on the reemployment list.

(Ord. 97-4 §1(part), 1997).

An employee affected by layoff shall have the right to displace an employee in the same department who has less seniority in a lower classification in which the affected employee once had regular status. Seniority includes all periods of full-time service at or above the classification level where the layoff is to occur.

(Ord. 97-4 §1(part), 1997).

A.

In order to retreat to a former or lower class, an employee must have more seniority in the department than at least one of the incumbents in the retreat class, and shall request displacement action in writing to the personnel director within five working days of receipt of the notice of layoff. The notice of layoff shall include a notice of the rights set forth in this chapter.

B.

Employees retreating to a lower or similar class shall be placed at the salary step representing the least loss of pay. In no case shall the salary be increased above that received in the class from which the employee was laid off.

C.

Employees retreating to a lower or similar class shall serve a probationary period in the new class unless they previously successfully completed a probationary period in that class.

D.

There shall be no interdepartmental displacement rights.

(Ord. 97-4 §1(part), 1997).

A.

In each class or position, employees shall be laid off according to employment status in the following order: temporary, provisional, probationary and regular.

B.

Temporary, provisional and probationary employees shall be laid off according to the needs of the service as determined by the appointing authority.

C.

In cases where there are two or more regular employees in the class from which the layoff is to be made, employees whose last overall evaluation ratings were "improvement needed" or worse shall be laid off first, regardless of seniority. If no employees within the class fit such criteria, or after all so-rated employees have been laid off, layoffs shall be in inverse order of the employees' seniority in that or a higher class in the department.

(Ord. 97-4 §1(part), 1997).

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 at different times for the same class of position shall be combined into a single list. Such list shall be used by every appointing authority when a vacancy arises in the same or a lower class of position before certification is made from an eligible list.

(Ord. 97-4 §1(part), 1997).

Names of persons laid off shall be carried on a reemployment list for one year, except that persons appointed to regular positions at the same grade from which they were laid off shall be dropped from the list. Persons who refuse reemployment shall be dropped from the list. Persons reemployed in a lower class, or on a temporary basis, shall be continued on the list for the higher position for two years. The city manager may extend the duration of a reemployment list.

(Ord. 97-4 §1(part), 1997).

Employees rehired to city service from a reemployment list shall retain all benefits, accumulated leave and seniority rights which such employees enjoyed prior to being laid off.

(Ord. 97-4 §1(part), 1997).