§ 6.09

(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 who are reinstated within two (2) years after layoff, or within the time extended by the Personnel Officer, shall be granted credit for those compensated periods prior to the reduction in force separations.

(4)

The seniority of employees who have worked in nonfull-time permanent positions shall be determined by converting the total hours worked to yearly equivalents.

(f)

When two (2) or more employees have the same seniority, the tie shall be broken and preference given in the following sequence:

(1)

Employees with the greatest seniority in the class series in the department in which the layoff is being made;

(2)

Total County service; and

(3)

The recommendation of the department head.

(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.

(i)

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

(ii)

In the event two (2) 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 Personnel Officer, provided such class has an equivalent or lower salary range.

(i)

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.

(ii)

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

(iii)

For the purposes of this section, "equivalent salary range" shall mean a range with a maximum salary which is not more than two (2%) 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 Personnel Office in writing within ten (10) calendar days from the date on the layoff notice.

(i)

Seniority rights are deemed to be 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 twenty-four (24) months of the layoff date, or within the time as extended by the Personnel Officer, 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.

(§ II, Ord. 1039, eff. July 24, 1981, as amended by § 1, Ord. 87-16, eff. July 24, 1987)