Sierra County Municipal Code Ch. 3.06 Layoffs, Furloughs and Separation

A. An employee intending to voluntarily separate from the county service shall submit notification to the immediate supervisor specifying the effective date of the intended resignation. Such notification should be provided as far in advance as possible. Resignations shall be deemed to be effective as of the end of the regular business day on the date stated in the resignation.

B. A resignation shall be deemed accepted on the date submitted and shall not be allowed to be withdrawn except with the written consent of the appointing authority. A resignation shall be effective on the date specified in the employee’s notification. If an employee fails to state an effective date, the effective date of the resignation shall be the date that it is delivered to the appointing authority.

A. Any employee who, without compelling cause and prior approval from his or her department head, is absent for five consecutive workdays or any parts thereof and fails to provide notification to the department head of his or her absence, or which absence is otherwise unauthorized, shall be deemed to have automatically resigned his or her employment with the county. For the purposes of this section, any unauthorized absence during any portion of the employee’s normal working day shall be held to be an unauthorized absence for the entire day. Nothing in this section shall prevent an appointing authority from otherwise disciplining an employee on account of an unauthorized absence for any period of time if there is sufficient cause to do so. Any such discipline may include termination of employment. This provision shall not apply as to an employee who due to injury or illness is so incapacitated as to be unable to communicate his or her situation with his or her appointing authority either directly or with the aid of another person.

B. Notwithstanding any other provision in this code to the contrary, an employee whose employment is deemed terminated due to unauthorized absence (per above) shall be held to have left the county service by resignation and shall not require the appointing authority to provide the employee with a due process (“Skelly”) hearing or any other procedural requirements.

A. Whenever it is necessary, due to the lack of funds or the Board otherwise determines that a reduction or elimination of services performed by any or all departments is needed, employees within the department, including those on an approved leave of absence, may be laid off, transferred, or demoted as set forth in this section. A reduction in force affecting employees who fall under the state personnel rules shall be implemented in accordance with those rules to the extent that such rules are inconsistent with this title.

B. If the county elects to implement a reduction in force, the order of separation shall be by employee status categories and shall be as follows:

1. Extra help;

2. Temporary;

3. Probationary;

4. Permanent part time;

5. Permanent full time.

C. Employees occupying positions designated for abolishment shall have the right to exercise their available options to transfer, demote, or be laid off based on seniority, as provided in this section, with the most senior employees having greater potential right of continued employment than those of lesser seniority within classification within their department.

D. Seniority right shall be based on all continuous county employment in a permanent position within the affected class without a break due to separation, subject to the provisions contained in this section; rights to transfer and/or demote shall be within the employees’ department only, except as set forth in subsection (G)(2) of this section.

E. The appointing authority shall establish a seniority list by classification for each department. Each employee appointed to a permanent position shall receive a seniority credit for each calendar day of permanent employment, with the following exceptions:

1. Seniority credit shall not be granted for those periods when an employee (a) on leave of absence without pay in excess of 30 calendar days, (b) during any layoff, or (c) other periods of uncompensated leave or absence.

2. Seniority credit shall not be granted for those periods when an employee is on extra help status or is otherwise not occupying a permanent position.

3. Employees separated due to a reduction in force (laid off) who are reinstated within one year after layoff, or within the time extended by the Board of Supervisors, shall be granted credit for those compensated periods prior to the layoff.

4. The seniority of employees who have worked in a less than full-time permanent position shall be determined by converting the total hours worked to yearly equivalents.

F. When two or more employees have the same seniority, the tie shall be broken and preference given in the following sequence:

When it becomes necessary to reduce the force in any department or office by layoff of permanent employees, seniority within the same job classification shall be the determining factor. In the case where seniority is equal, ability shall govern. The determination of ability shall be the exclusive responsibility of the department head; provided, that in making such determination, consideration shall be given to skill, efficiency, knowledge, physical fitness, training and attitude toward fellow employees.

G. Employees subject to layoff may be eligible to be demoted or may request transfer subject to the following provisions:

1. An employee who has prior permanent service in a lower level class in the same department may demote to that lower level class.

a. Any employee demoted pursuant to the provisions of this subsection shall be deemed the most senior employee in such lower class.

b. In the event two or more employees are demoted pursuant to the provisions of this subsection, the employee with the most seniority at the higher class shall be deemed the most senior employee in the lower class. The employee with the least seniority occupying a position in the lower class may in turn be laid off, demoted, or transferred in the same manner to the end that the last person employed in the lowest class shall be the person laid off.

2. An employee subject to layoff may submit a written request to be considered for transfer to any vacant position in a class for which the employee meets the minimum qualifications as provided in the class specification, and as determined by the appointing authority over the transfer to position, provided such class has an equivalent or lower salary range.

a. The employee may be transferred to the vacant position with the approval of the appointing authority wherein such position exists and subject to serving the probationary period for the new class.

b. Seniority in the new class shall be determined based upon the effective date of the transfer.

c. For the purposes of this section, “equivalent salary range” shall mean a range with a maximum salary which is not more than two percent higher than the salary range for the class from which the transfer is sought.

H. To be considered for transfer or demotion in lieu of layoff, an employee must notify the appointing authority in writing within seven calendar days from the date on the layoff notice.

I. Seniority rights are deemed waived if an employee is unwilling to relocate to the geographical area assigned a position.

J. Those departments covered by merit system personnel standards of the California State Personnel Board shall be obligated to adhere to the reduction in force policies and procedures established by the State Personnel Board.

K. Employees who are re-employed in permanent positions within 24 months of the layoff date, or within the time as extended by the Board of Supervisors, shall be credited with all seniority time less the actual period of layoff. Re-employed employees shall be credited with all accrued sick leave at the time of layoff and shall earn vacation benefits at the rate established prior to layoff including adjustments in the rate made after layoff. No employee shall earn or be credited with vacation or sick leave for the layoff period. Employees returning to their former positions shall not be required to serve new probationary periods.

L. Unless otherwise expressly provided for in a resolution adopted by the Board of Supervisors in conjunction with the adoption of the county budget for any fiscal year, in the event that a full-time employee (full-time equivalent – “FTE”) position is reduced, other than on a temporary basis (such as would be the case with a temporary reduction as a furlough), to some amount less than a full-time position or a permanent part-time position, suffers a reduction in the hours per week to be worked, the employee’s benefits shall be reduced on a proportionate “pro-rata” basis as follows:

1. Health Benefits. Employees working less than full-time will have the portion of the county contribution for health insurance reduced in proportion to the percentage of full-time employee (FTE) worked by the respective employee.

2. Life insurance will be provided (not prorated) if the employee’s position equates to 0.75 FTE or greater. If the employee’s position does not equate to 0.75 FTE or greater, life insurance will not be provided.

3. Vacation days shall be accrued and prorated based upon the number of hours the employee works and the length of the employee’s employment.

4. Sick leave shall be accrued and prorated based upon the rate of 0.0462 hours times the number of compensated hours the employee works.

5. PERS. The employee’s share shall be paid based on the gross salary of the employee times the rate per party as reflected in the terms of any MOU with the union to which the employee is a member, or pursuant to the terms of the employees’ current benefit package if the employee be unrepresented.

6. Holidays shall be prorated.

A. The appointing authority shall issue a written notice to the last known address of each employee affected by a layoff at least 10 calendar days prior to the effective date of the action. A copy of the written notice shall be sent to the employee’s work site and a copy sent to the appropriate bargaining unit representative, unless the layoff is necessitated by a reduction or elimination of state or federal funding for the affected job classification or department, whereupon the layoff may be within five calendar days upon the giving of notice.

B. The appointing authority shall issue the layoff notice to the employee or employees selected for layoff following the provisions of SCC 3.06.040.

C. The layoff notice shall include the reason for the layoff, the effective date of the layoff, and pertinent information concerning the employee’s right to transfer, demotion, or reinstatement.

D. The appointing authority shall establish an intradepartmental reemployment list for each department according to each class in which layoffs or elimination of services occur. The list shall take precedence over any other employment list. Such list shall contain the names of the employees who were laid off or demoted in lieu of layoff from that class within the respective department. Departments shall fill all vacancies in affected classes with persons on appropriate class intradepartmental reemployment lists. Individuals shall be certified to the list based on seniority subject to the provisions of SCC 3.06.040. The list shall be used in such a manner whereby when a position becomes available, it shall be offered to the most senior person within the class on the list in the class where the position exists. Under no circumstance shall the list be used in a manner that would result in a promotion being given to any person contained thereon. Names on the list shall automatically be removed after one year unless the list life is extended by the Personnel Director. An employee’s name shall be removed from the intradepartmental reemployment list and the employee’s employment rights terminated if the employee fails to accept an offer of reemployment within 10 calendar days after the receipt of the offer, or, after accepting a job offer, fails to report to work within 30 calendar days, or for any of the reasons set forth in this chapter.

E. The Personnel Director shall also establish an interdepartmental reemployment list from among those employees laid off. Notwithstanding any other provision in this code, any laid off employees who file a job application and who possess the job qualifications shall be eligible for consideration for employment with any other county department, irrespective of the existence of a current eligibility list. Individuals included in the interdepartmental list will be considered for employment before any other employment list, except the intradepartmental list.

F. If, after the intradepartmental list is utilized, a vacant position still exists, the interdepartmental list shall be certified to the department. Each laid off employee shall be included on an interdepartmental reemployment list for all classifications with a lower maximum salary in the same series as the classifications in which permanent status was held; and all classifications with a lower maximum salary requiring similar knowledge, skills, and abilities as determined by the Personnel Director. Under no circumstance shall the list be used in a manner that would result in a promotion being given to the person contained thereon.

G. The appointing authority, after conducting appropriate selection procedures, may hire from among those eligibles on the list. An employee who qualifies for selection will have to serve the normal probationary period for the class. If none of the eligibles on the interdepartmental list is suitable, the department will then be given certified names from other open or promotional lists.

H. The interdepartmental reemployment list shall last one year and will automatically expire, unless the list life is extended by the Personnel Director. An employee’s name shall be removed from the interdepartmental reemployment list and the employee’s employment rights terminated if the employee fails to accept an offer of reemployment within five calendar days after the receipt of the offer, or, after accepting a job offer, fails to report to work within 14 calendar days, or for any of the reasons set forth in SCC 3.04.040.

I. After a reemployment list is established and during its life another reduction in force takes place, the Personnel Director shall merge the reemployment lists for the appropriate classifications. The order in which names shall be certified shall be subject to the provisions of SCC 3.06.040. The total time on all reemployment lists, whether original or merged, shall not exceed two years, unless extended by the Board of Supervisors.

A. As an alternative to or in association with the implementation of a reduction in force, the Board of Supervisors may institute a temporary reduction in the hours to be worked by the employees in any department (a “work furlough”). Any such reduction may require the employees to be furloughed for such period or periods of time as the Board may find necessary due to an insufficiency of funds within the department’s budget or the county budget. Prior to implementing any furlough, the county shall notify the union of the intent to implement the furlough and shall promptly meet and confer with the union, if so requested, to discuss any issues pertaining to the implementation of any furlough. The county shall be free to implement any furlough 30 days following the mailing or faxing of the above referenced notice to the union.

1. A furlough may be ordered only to compensate for a budget shortfall.

2. The department head may furlough an employee or group of employees upon approval or upon the direction of the Board of Supervisors by a four-fifths vote.

3. An employee furloughed by the department head shall be noncompensated during a furlough period but shall not suffer any reduction of seniority during the period of the furlough.

4. The maximum number of furlough days for an employee shall not exceed 13 days in any fiscal year.

5. An employee shall not be furloughed more than five days in any pay period; provided, however, that in the event that any furlough exceeds one day in any pay period, the reduction of salary/wages in any pay period shall be limited to one day and the remaining salary/wage reduction shall be spread over an appropriate number of pay periods.

6. Furlough time shall be in full day increments for full-time employees and prorated for part-time employees, unless otherwise agreed to by the employee and his or her department head.

7. An employee is to be notified in writing by the department head at least 15 days prior to the assigned furlough day or days.

8. Whenever possible, considering needs of the department, the department head will give consideration to an employee’s choice in selecting the furlough day or days.

9. The application of a furlough to an employee or group of employees shall not be subject to the grievance procedure.

10. An employee may not be furloughed again until all other employees within the same position or class or service class in their department have been furloughed.