Santa Clara County Municipal Code Art. 2 Layoff Procedures

Footnotes:

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Editor's note— Ord. No. NS-304.100, § 2, adopted Oct. 4, 1977, changed the title of Art. 2 from "Layoff Practices" to "Layoff Procedures," as hereinabove set out. Secs. 1—4 of Ord. No. NS-304.100 revised Art. 2 to read as herein set out. Former Art 2, §§ A25-62—A25-627, had pertained to the same subject matter and had been derived from Code 1954, §§ 3.3.5-24.1—3.5-24.8; Ord. No. NS-304.6, § 5, 6-18-56; Ord. No. NS-304.14, § 14, 10-13-59; Ord. No. NS-304.21, § 4, 11-5-62; Ord. No. NS-304.23, § 1, 6-24-63; Ord. No. NS-304.35, § 7, 5-28-66; Ord. No. NS-304.37, §§ 3, 4, 7-18-66; Ord. No. NS-304.51, § 1, 2-5-68; Ord. No. NS-304.68, § 3, 4-6-71; Ord. No. NS-304.78, § 2, 7-17-78; Ord. No. NS-304.82, § 2, 7-81-73.

Sec. A25-620 - "Seniority" defined.

Except as otherwise provided in Section A25-621, "seniority" is defined as days of accrued service as computed and reported on the employee's pay check within a coded classification with the County. Original coded unclassified service shall not be counted except that time served pursuant to Santa Clara County Charter Section 704(h).

(Ord. No. NS-304.100, § 3, 10-4-77; Ord. No. NS-304.109, § 1, 7-1-81)

If a function of another agency is transferred to the County, the seniority of employees who transfer with the function shall be computed, based upon application of the definition of Section A25-620, to each employee's prior service with the other agency.

(Ord. No. NS-304.100, § 4, 10-4-77; Ord. No. NS-304.109, § 2, 7-1-81)

To the extent possible, employees should not lose their rights under this article because classes have been revised, established, abolished or retitled.

(Ord. No. NS-300.100, § 5, 10-4-77; Ord. No. NS-304.109, § 3, 7-1-81)

The Department shall at least annually determine the number of positions in each classification that require a specific skill paid for through a differential. The plan must be approved by the Director of Employee Services Agency. In all cases the employees in the department certified in that skill shall be retained in order of seniority until the requisite number of positions are filled.

When one or more employees performing in the same class in a County department/agency are to be laid off, the order of layoff in the affected department/agency shall be as follows:

(a) Provisional employees in inverse order of seniority;

(b) Probationary employees in inverse order of seniority;

(c) Permanent employees in inverse order of seniority.

(Ord. No. NS-304.100, § 6, 10-4-77; Ord. No. NS-304.109, § 4, 7-1-81; Ord. No. NS-304.134, § 55, 8-25-15)

Employees subject to the provisions of this article shall be given at least 20 working days' written notice prior to the effective date of layoff. The procedures of Section A25-625 shall be applied prior to the effective date of the layoff.

(Ord. No. NS-304.100, § 7, 10-4-77; Ord. No. NS-304.109, § 4, 7-1-81)

(a) Vacant code in County. In the event of notice of layoff, any employee so affected will be allowed to transfer to a vacant position in the same classification in any County department/agency, provided the employee meets the specialized qualifications which may be established through testing and examination or by selective certification.

(b) Former classification. In the event there are no vacant codes in the same classification in any department/agency, an employee will be offered a vacant position in any classification at the same or lower level in which permanent status had formerly been held, first in the affected department/agency and then County-wide. The employee will not be allowed to transfer to a vacancy that requires skills, as defined in Section A25-623, not possessed by that employee.

(c) Displacement. In the event there are no vacancies as listed in (a) or (b), the employee shall have the right, upon request, to be returned to any classification in the department/agency at the same or lower level in which permanent status had formerly been held and the regular layoff procedure in that same or lower level shall apply.

(Ord. No. NS-304.100, § 8, 10-4-77; Ord. No. NS-304.109, § 6, 7-1-81)

In the event that an employee is not reassigned in lieu of layoff, as in Section A25-625, the employee shall be laid off. If an employee elects not to exercise the rights in Section A25-625(c), he/she may be deemed to have been offered and to have declined such work.

(Ord. No. NS-304.100, § 9, 10-4-77; Ord. No. NS-304.109, § 7, 7-1-81)

(a) The names of such probationary and permanent employees reassigned or laid off in accordance with Section A25-625(b), A25-625(c) or A25-626 of this article shall be entered upon a reemployment list in inverse order, as specified under Section A25-623. The person standing highest on a reemployment list for a particular classification when a vacancy exists in that classification in any department/agency shall be offered the appointment. Employees on reemployment lists shall retain the right to take promotional exams and/or receive promotional preference on exams.

(b) When required by the needs of the department and approved by the Director of Employee Services Agency, selective certification may be utilized to reemploy employees with particular skills.

(Ord. No. NS-304.100, § 10, 10-4-77; Ord. No. NS-304.109, § 8, 7-1-81; Ord. No. NS-304.134, § 56, 8-25-15)

Interested employees who are placed upon the reemployment list due to layoff and who elect to be available for temporary work shall be given preference for such work in their former department/agency in the classification from which they were laid off. The election to be available for temporary work must be made at the time of the layoff. Employees may decline to be available for temporary work, or may decline such work itself without affecting any rights under this article.

(Ord. No. NS-304.100, § 11, 10-4-77; Ord. No. NS-304.109, § 9, 7-1-81)

No name shall be carried on a reemployment list for a period longer than two years, and the names of persons reemployed in a permanent position within the same classification shall, upon reemployment, be dropped from the list. Refusal to accept one of two offers of reemployment within the same classification shall cause the name of the person to be dropped from the reemployment list.

(Ord. No. NS-304.100, § 12, 10-4-77; Ord. No. NS-304.109, § 10, 7-1-81)

Upon reemployment of an employee from a reemployment list, all rights acquired by employee prior to his/her placement on such list shall be restored.

(Ord. No. NS-304.100, § 13, 10-4-77; Ord. No. NS-304.109, § 10, 7-1-81)

(a) Layoff. In the event of layoff, unemployment compensation will be provided in the amount as set forth in the dollar benefit schedule of the state unemployment insurance program. The benefits shall be reduced by any amount which an employee is eligible to receive or does receive through state/federal unemployment.

(b) Eligibility. It is agreed:

(1) The claimant shall be a permanent employee of the County. For those employees having one-year probationary period, completion of six months full-time service with the County shall be considered as the qualifying period for unemployment compensation.

(2) The benefit will be accorded an employee only upon layoff. The claimant will not receive benefit if he/she:

a. Voluntarily quits the job;

b. Was discharged from the job;

c. Left the job to be married or because of other family or domestic reasons;

d. Left the job because of a trade dispute, walkout or strike;

e. Refuses to accept suitable work, including any offer of suitable employment with the County.

(3) Upon leaving County employment, a claim will be filed. The claimant will be provided with a claim form stating he/she had not secured other employment. No benefits will be paid the first week. Upon receipt of the claim form, a benefit shall be paid the second week and each succeeding week to a maximum of 26 weeks.

(4) A statement will be entered on the claim form declaring it to be a misdemeanor to misrepresent the condition of employment.

(5) Unemployment benefits will not be paid if disability insurance benefits are being paid.

If state unemployment insurance is implemented for employees covered by this article, this section will become inoperative for all employees covered by this article during the term of such coverage by the state program.

(Ord. No. NS-304.100, § 14, 10-4-77)