Trinity County Municipal Code Art. VI Separation

A. An employee intending to voluntarily separate from county service shall submit notification to the immediate supervisor specifying the effective time and date of intended resignation. Such notification should be provided as far in advance as possible.

B. A resignation shall be effective on the date specified in the employee's notification. If an employee fails to provide notice, the effective date of resignation shall be the date provided the personnel officer by the appointing authority.

C. An employee, after having provided notification pursuant to subsection A of this section of this chapter, wishing to change the effective date or rescind the notice, may be allowed to do so at the discretion of the department head, provided that no vacancy announcements or notices for the anticipated vacancy have been released or recruitment has otherwise been undertaken by the personnel officer. In the event of unusual circumstances, at the discretion of the department head and the personnel officer, an employee may be allowed to change the effective date or rescind the notice subsequent to onset of the recruitment.

(Ord. 1087 §1(part), 1986)

A. Any employee who fails to provide notification of absence and is absent for twenty-four consecutive working hours within the normal work week without being on authorized sick leave, authorized vacation, authorized compensatory leave, or authorized leave of absence, shall have automatically resigned employment with the county. Consecutive working hours shall be prorated for those employees working less than a full-time schedule, based on the percentage of time worked. Nothing in this section shall prevent an appointing authority from suspending or discharging an employee on account of an unauthorized absence.

B. Any employee terminating employment in the matter provided by this section shall be held to have left county service by resignation.

C. The automatic resignation provided in this section may be rescinded by the department head if such employee presents satisfactory reasons for the absence in writing within five days of the effective date of automatic resignation and provided that no vacancy announcements or notices for the anticipated vacancy have been released or recruitment has otherwise been undertaken by the personnel officer.

(Ord. 1087 §1(part), 1986)

A. When a county employee is terminated by resignation, dismissal or other cause, the appointing authority shall file a payroll/personnel form reporting separation and an exit interview for unemployment insurance purposes with the personnel officer.

B. These forms shall be filed with the personnel officer immediately, but in no case later than two working days following notification of termination.

C. The personnel officer shall review the documents and forward a copy to the county auditor/controller.

(Ord. 1087 §1(part), 1986)

A. General.

1. Whenever it becomes necessary, due to lack of work, lack of funds, or other economic reasons, or because the necessity for a position, work unit or department no longer exists, or that it is otherwise determined that a reduction or elimination of services performed by any or all positions within a department is needed the employee holding such position or employment may be transferred, demoted or laid off.

2. A department head may initiate a lay off for reasons cited in subdivision 1 of this subsection by advising the personnel officer of the number of positions, classifications, department work unit or division involved, the geographic location if applicable, and effective date. The personnel officer shall establish a seniority list to determine which employee or employees are to be laid off and shall, in writing, inform the department head and affected employees. However, before any layoff within an affected department occurs, the department head may make available reduced hours of work to employees within said department, work unit or division. To propose this option, the department head shall prepare a schedule which reflects the reduced working hours for a period of one year or until layoffs are no longer necessary. The department shall advise the personnel officer of the proposed option of reduced hours of work. Said option shall be presented to the association by the personnel officer. Such schedule, if agreed to in writing by the association, shall be binding upon the employees represented by the association. In the event the Association within ten calendar days does not agree to accept the reduced hours of work set forth in the proposed option, the department head shall, in lieu of implementing such schedule, effectuate the necessary layoff or layoffs in accordance with the provisions of this article.

3. 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.

4. No provisions of these sections shall be deemed to preclude the authority of the board of supervisors to modify or eliminate classes, work units or departments.

B. Order of Layoff. If reduction in force separations are implemented, the criteria below shall be followed:

1. The order of layoff by classification shall be:

a. Emergency.

b. Extra Help.

c. Probationary.

d. Permanent.

2. The order of layoff of employees in the above categories shall be determined by seniority within the classification and the department.

a. Seniority shall be determined by the actual number of months worked by an employee within the classification affected by the layoff.

b. Vacation leave, sick leave and disability leave shall be counted as time worked in calculating seniority.

c. Whenever an employee has a prior break in service, seniority credit shall be based on the most recent employment. Provided, however, employees separated due to a reduction in force who are reinstated within two years of layoff, or within the time extended by the personnel officer, shall be granted credit for those compensated periods prior to the reduction in force separation(s).

d. Seniority credit shall not be granted for those periods an employee is on leave of absence without pay in excess of thirty calendar days consistent with the provisions of the personnel ordinance, layoff or other periods of uncompensated leave.

e. 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.

f. Employees having worked in non full-time permanent positions shall have their seniority reduced by the percentage of full-time work normally assigned.

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

a. Employees with the greatest total county seniority.

b. Employees whose names are drawn by lot by the personnel officer.

C. Notification of Layoff. The personnel officer shall issue a written notice to each employee affected by a layoff at least fourteen 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 the appropriate bargaining unit representative. Upon written request within seven calendar days after the notice is given the representative shall be afforded an opportunity to meet with the appropriate county representative(s) and confer on matters within the scope of representation.

D. Demotion or Transfer in Lieu of Layoff. Demotion or transfer to specified classes shall be applicable only within the department of layoff, except as provided in subsection C of this section.

1. In the event of layoff, any employee so affected may elect to demote or transfer to:

a. Any position held by an employee with less seniority in a class with substantially the same or lower maximum salary in which the layoff employee held permanent status. For purposes of this section, seniority shall mean continuous county service in the same and higher related classification.

b. Any position in a class with substantially the same or lower maximum salary in the same line of work as the class of layoff, as designated by the personnel officer. For purposes of this section, seniority shall mean continuous county service in the same and higher related classification.

c. Any vacant position with a lower maximum salary in which the demoting employee meets the minimum qualifications established for the position as determined by the personnel officer. Employees placed in a position through this provision must demonstrate competency during thirty day probationary period.

d. An employee with greater seniority may not transfer or demote to those positions, as designated by the personnel officer, which require special or unique qualifications including but not limited to: male only classifications, female only classifications, bilingual classifications, unless the transferring or demoting employee possesses those special or unique qualifications.

2. To be considered for demotion or transfer in lieu of layoff, an employee must notify the personnel officer in writing no later than seven calendar days after receiving the layoff notice.

3. Any employee thus displaced may likewise demote or transfer to a lateral or lower class in accordance with the provisions of this article.

4. An employee who voluntarily demotes to a position with a lower pay range shall receive either the same pay rate if the pay rate appears in the pay range for the lower class, or the nearest lower applicable rate.

E. Reinstatement. An employee's name shall be maintained on a reinstatement eligibility list for a period of twenty-four months. Provided however, the personnel officer may extend the reinstatement eligibility list beyond the twenty-four-month period.

1. The county personnel officer shall establish a reinstatement eligibility list for each classification affected by layoffs. Such lists shall contain the names of permanent employees who have been laid off or demoted in lieu of layoff and any employees who have requested reinstatement to the classifications in which they have previously held permanent status. Employees laid off shall be instructed in writing on requesting reinstatement.

2. Laid-off employees may request reinstatement to all classifications in which they have previously held permanent status and to lower and lateral classifications with the same or similar duties as designated by the personnel officer. The names of persons laid off from a classification in accordance with the provisions of this article shall first be placed upon the reinstatement eligibility list in the inverse order of separation. The names of other persons requesting reinstatement to the classification shall next be placed on the list in order of their seniority as calculated in subdivision 2 of this subsection. Except as otherwise provided herein, an employee's name shall be maintained on a reinstatement eligibility list for a period of twenty-four months.

3. In the event a person refuses an offer of reinstatement to the geographic location in which the layoff occurred, such person's name shall be removed from all reinstatement eligibility lists, except lists for higher classifications than the one in which the reinstatement is being refused.

4. In the event a person accepts reinstatement to a lower classification than the one from which he/she was laid off, such person's name shall remain on all reinstatement eligibility lists for higher classifications but shall be removed from all lists for lower classifications.

5. A person who is reinstated to the classification which is the highest classification to which he would have been entitled at the time of his/her layoff, shall have his/her name removed from all reinstatement eligibility lists.

6. In the event of a vacancy, the county shall send written notice of the vacancy to persons at their last known address by postage prepaid, certified letter, return receipt requested. Said letter shall include a form on which the person may indicate his/her desire to accept or reject consideration for reinstatement, a self-addressed, stamped return envelope and notice of the time period in which the employee must respond and the effect of failure to respond. The person must mail to the county a written response to the written notice of vacancy within five working days of his/ her receipt of the certified letter. If a person does not mail such written response, his/her name shall be removed from all reinstatement eligibility lists.

7. An employee whose name is on a reinstatement list may be considered for reinstatement in a department other than the layoff department, provided the outside department has not had a layoff in the vacant class of position. The personnel officer will certify the entire layoff list of such eligibles in addition to departmental promotional list for such vacancies. Such reinstatement lists will include all eligibles from other departmental reinstatement lists from any equivalent class requiring substantially the same minimum qualifications, or higher classes in the same class series as a vacancy, who have expressed a willingness to accept reinstatement in the vacant position.

8. Employees laid off who are reinstated to a regular county position within twenty-four months from the effective date of layoff, shall be reinstated with seniority rights including time served toward annual merit increase. Such employees shall be credited with unused sick leave on accrual at the time of layoff and shall accrue vacation benefits at the rate established by prior seniority. An employee reinstated to the same classification or lower classification in the same class series in which permanent status was held at the time of layoff shall not be required to serve a new probationary period. An employee who had probationary status in a classification at the time of layoff shall be required to complete the remaining portion of the probationary period in that classification upon reinstatement.

9. Any person affected by the provisions of this article shall have the right to review with the personnel officer prior to layoff or demotion, said employee's seniority calculation which determined the employee's placement on the layoff list.

(Ord. 1087 §1(part), 1986)