Part 9 — LAYOFFS

The provisions in a "memorandum of understanding" entered into by the city and a recognized employee organization concerning layoffs and reinstatement after layoff shall supersede the provisions of Section 3.04.1160 of this Code as to all employees represented by that recognized employee organization.

(Prior code § 2008.19.)

A.

When one or more employees in the same class in a city department are to be laid off for lack of work, purposes of economy, curtailment of positions or other reason, the order of layoff shall be as follows:

Provisional employees in the order to be determined by the appointing authority;

Probationary employees in the order to be determined by the appointing authority;

Permanent employees in inverse order of seniority within the classification being reduced, or in a higher class.

B.

Permanent employees shall be given every opportunity for transfer to other departments when layoff is pending.

C.

When an employee in a city department would be required, as a result of layoff proposed for the reasons specified herein, to displace the least senior employee in the same classification but in a different city department because of the procedure otherwise applicable in paragraph 3, such employee may, in lieu of displacement and the layoff otherwise required under paragraph 3, be laid off by the city in its discretion upon such employee's request.

(Prior code § 2008.20; Ord. 19578.)

Employees subject to the provisions of this Part 9 shall, wherever possible, be given at least thirty calendar days' notice in writing prior to the effective date of layoff. The appropriate employee organizations shall receive concurrent notice and, upon written request within seven calendar days after the notice is given, shall be afforded an opportunity to meet with the appropriate city representatives to discuss the circumstances necessitating the layoff and any proposed alternatives to such layoff.

(Prior code § 2008.20a; Ord. 19578.)

In the event of layoff, any employee so affected may elect to:

A.

Accept a position in a lateral or lower class in which the employee has previously served, or a position in a lateral or lower class within the series containing the class from which the employee is being laid off, provided the employee is otherwise qualified and is more senior than the least senior employee in such lateral or lower class.

B.

Accept a vacant position in a lateral or lower class for which the employee has the necessary education, experience, and training as determined by the director. Adverse decisions of the director regarding necessary education, experience and training may be appealed to the civil service commission provided the employee files such appeal with the secretary of the commission within ten working days of the date of being notified of the adverse decision.

(Prior code § 2008.20b; Ords. 19578, 24634.)

As used in this Part 9, the following words and phrases shall be defined as follows:

A.

Except as otherwise provided in Section 3.04.1160.A.3. above, seniority shall be defined as the length of continuous paid employment within any permanent class within the classified service of the city. Seniority shall be retained but shall not accrue during any period of leave without pay, except for authorized military leave.

B.

A lower class shall mean a class with a lower salary range.

C.

A position in a lateral class shall mean a position in a class with the same salary range.

D.

A position in a higher class shall mean a position in a class with a higher salary range.

(Prior code § 2008.20c; Ord. 19578.)

Except as otherwise provided herein, no employee shall be entitled to a position in a higher class as a result of the application of the provisions of this part.

(Prior code § 2008.20d; Ord. 19578.)

A.

The names of such persons laid off in accordance with the provisions of this part shall be placed upon a reinstatement eligible list in inverse order of seniority, i.e., the person with the greatest seniority on the reinstatement eligible list for the classes affected shall be offered reinstatement when a vacancy exists in the affected class. In the event the person refuses the offer of reinstatement, such person's name shall be removed from the reinstatement eligible list unless such person has reinstatement rights under the provisions of this topic to a higher class than the one in which the reinstatement is being refused.

B.

In the event an employee accepts reinstatement to a lower class to which he is entitled, such person's name shall remain on the reinstatement eligible list for reinstatement to a lateral class provided such person, except for lack of seniority, would have been otherwise entitled to such lateral class at the time of the most recent layoff.

C.

Any person who is reinstated to a class which is the highest class to which he would have been entitled at the time of the layoff shall have his name removed from the reinstatement eligible list.

D.

In the event a person on layoff cannot be contacted by the city through usual and customary channels within ten working days, such person's name shall be removed from the reinstatement eligible list; providing, however, that such person within the two-year period specified herein may request that his name be replaced on the reinstatement eligible list and such person's name may, in the sole discretion of the director, be returned to the reinstatement eligible list.

(Prior code § 2008.20e; Ord. 19578.)

Upon reinstatement to any classification to which the employee is entitled pursuant to the provisions of this part, all benefits acquired by the employee prior to his layoff shall also be reinstated. An employee shall not receive credit for time spent on layoff in computing time for any benefit entitlement.

(Prior code § 2008.20f; Ord. 19578.)

Each former city communications department employee who qualifies for employment through examination prior to the expiration of six months after the date on which his former employment by the city ceased due to the transfer of functions of the communications department to the county of Santa Clara may be selectively certified for appointment without regard to his standing on the list from an applicable open competitive eligible list for an entry level vacancy in a city position.

(Prior code § 2008.22.)