§ 2-30.3 — Reduction in force (layoff)

§ 2-30.3 - Reduction in force (layoff).

(a) The City Council may reduce the number of employees for the following reasons: shortage of funds or work, abolishment of a position, inefficient or unproductive position, or a material change in the duties or organization of the department or any component thereof. If an affected position or classification is re established or re staffed within 18 months of the date of layoff, laid off employees shall be recalled as provided herein. (b) The City Manager, in conjunction with the department head, shall designate classifications where layoffs will occur. (c) After the positions or classifications in which layoffs will occur have been determined, the following shall apply in determining which employees will be laid off: (1) Layoffs shall be made by classification within a city department. (2) The order of layoff shall be in reverse order of total continuous years of service with the city. (3) An employee entitled to veterans' preference shall have five days added to his or her continuous years of service for each full year of employment with the city. (4) In the event two or more employees have the same number of total continuous years of service with the city, the order of layoffs shall be in reverse order of total continuous years of service with the city department where the layoff is to occur. (5) In the event two or more employees have the same number of total continuous years of service within the city department, the order of layoffs shall be in reverse order of total continuous years of service in the classification where the layoff is to occur. (6) In the event two or more employees have the same number of total continuous years of service within the classification, the employee whose most recent performance appraisal was the highest shall be retained. (7) In the event two or more employees have the same number of total continuous years of service within the classification and the most recent performance appraisals for said employees are equal in quality, the order of layoffs shall be determined by the department head on the basis of the experience, knowledge, skill and abilities of the affected regular employees. (8) Prior to the layoff of any regular employee, the Director shall certify in writing that the above procedure was correctly followed by the city. (d) An employee who has been laid off from his or her classification pursuant to subsection (c) above shall be entitled to displace (i.e. bump) an employee in another classification provided that: (1) The laid-off employee has previously worked in the classification of the employee to be displaced; (2) The classification of the employee to be displaced is not included in an employee organization with which the city engages in collective bargaining; (3) The laid-off employee currently meets the minimum qualifications of the classification of the employee to be displaced; (4) The laid-off employee is currently qualified and able to perform the work of the classification of the employee to be displaced, or can become qualified and able to perform the work of the classification of the employee to be displaced within 30 calendar days of "bumping" the employee to be displaced; and (5) The laid-off employee has more total continuous years of service with the city in accordance with subsections (c)(2) and (3) above. (6) The classification of the employee to be displaced is lower than the classification which the laid-off employee most recently occupied. (e) A laid-off employee seeking to displace ("bump) an employee in another classification shall notify the Director in writing and indicate the classification into which he or she intends to "bump" within five calendar days of the receipt of his or her written notice of layoff. (f) The rate of pay for a laid-off employee who has displaced ("bumped") an employee in another classification shall be determined according to regulations set forth for Rate of Pay Upon Demotion. (g) If a laid-off employee is not entitled to displace ("bump") an employee in another classification, the Director shall attempt to place the laid-off employee in any budgeted, vacant position for which the laid-off employee meets the minimum qualifications of the classification. (h) The rate of pay for a laid-off employee who has been placed in another classification position pursuant to subsection (g) above shall be determined according to regulations set forth for Rate of Pay Upon Demotion. (i) Prior to the displacement of any regular employee, the Director shall certify, in writing, that the above procedure was correctly followed by the city. (j) A regular employee shall receive written notice of layoff at least 30 calendar days prior to the effective date of the layoff. City Council shall fund any position in which a layoff occurs to provide for said 30-day notice. (k) A regular employee who is displaced ("bumped") by another regular employee pursuant to subsection (d) above shall receive written notice of layoff at least 15 calendar days prior to the effective date of the displacement. City Council shall fund any position in which a displacement occurs to provide for said 15-day notice. (l) Recall to a classification shall be in reverse order of layoff. An employee shall be deemed to have been recalled to employment when the city has sent a written notice of recall to the employee's last known address. Such notice of recall shall be sent by certified mail, return receipt requested. It shall be the responsibility of the employee to notify the city of any change in address and to maintain a current address with the city at all times. (m) No benefits or seniority shall accrue during the actual period that an employee is laid off, regardless of whether the employee is later recalled. However, in the event a regular employee is recalled following layoff, all benefits and seniority to which such regular employee was entitled on the date of layoff and for which the employee was not otherwise compensated at the time of layoff shall be reestablished on the date of reemployment. However, if the date of reemployment is on or prior to the fifteenth day of the month, then insurance coverage for the employee shall commence on the first day of the month following reemployment. If the date of reemployment is after the fifteenth day of the month, then insurance coverage for the employee shall commence on the first day of the second month following reemployment. (n) A laid off regular employee shall be paid for all leave to which he or she is entitled upon leaving the city's employment, and shall be permitted to continue health care coverage under the provisions of the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA). (o) A laid off regular employee shall retain recall rights for up to a maximum of 18 months. A laid off regular employee shall forfeit all recall rights if he or she fails to return to work within five working days after receipt of a written recall notice. However, if the notice of recall is returned to the city as undeliverable to the employee or, if the employee fails or refuses to claim the notice of recall sent to the employee by the city, then the employee shall be deemed to have automatically forfeited all recall rights. (p) An employee who has been laid off and who is reemployed in the same classification, pursuant to the recall provisions of this article, shall be reemployed at the same rate of pay he was receiving at the time of layoff, or the minimum of the pay range for the classification, whichever is higher. (q) Under no circumstances shall a layoff be considered a disciplinary action, and in the event an employee elects to file a grievance concerning the action taken, such grievance must be based upon whether the layoff was in accordance with the provisions of this article.

(Ord. 26-21, § 3, 4-7-2021) (Ord. 26-21, § 3, 4-7-2021) (Ord. 26-21, § 3, 4-7-2021)