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Table Of Contents
6. Pay Plan
10. Eligible Lists
13. ( abolished )
20. Vacation Leave
21. Sick Leave
28. Labor Relations
16.01 - LAYOFFS. The appointing authority may lay off an employee in the Civil Service only when necessary because of a reorganization resulting in the abolition of his position, or because of a lack of either work or funds.
16.011 - ORDER AND METHOD OF LAYOFF. Layoffs shall be made in the following manner:
16.0111 - Layoff Unit. The appointing authority, with the approval of the Director, shall determine the appropriate organizational unit within which the layoffs are to be made.
16.0112 - Number of Employees and Classes of Layoff. The appointing authority shall determine the number of employees to be laid off and the class or classes in which the layoffs are to be made.
16.0113 - Order of Layoff. Within each class in the appropriate unit, emergency employees shall be laid off first, followed successively by temporary, provisional, and permanent employees. Employees serving a probationary period are considered permanent employees for purposes of this section.
16.01131 - Among emergency, temporary and provisional employees, layoffs in each category may be made at the discretion of the appointing authority.
16.01132 - Among permanent employees layoffs shall be made in inverse order according to their combined total of points derived from seniority credit and performance rating credit as computed by the appointing authority.
16.01133 - A permanent employee, within the appropriate layoff unit, may elect, with the approval of the Director, to be placed at the top of the appropriate layoff list, provided that if more employees so elect than the number of layoffs required, the established procedures for determining layoff order shall apply to all those who so elect.
16.0114 - Seniority and Performance Ratings Computations. Copies of the computations of the seniority and performance rating credits shall be furnished by the appointing authority to the employees concerned and to the Director.
16.0115 - Layoff Notice. Each employee to be laid off shall be notified in writing at least two (2) weeks before the date of layoff, except where emergency considerations found and declared by the Director require a shorter period of notice.
16.0116 - Breaking Ties on Layoff Credit. When two or more employees have the same combined total of points from seniority credit and performance rating credit, the order of layoff shall be determined by giving preference for retention in the following sequence: (1) employee with the highest report of performance rating credit used in determining order of layoff; (2) employee with greatest total service in the City service.
16.012 - SENIORITY CREDIT. Seniority credit shall be granted at the rate of one point for each year, or major portion thereof, of City and active military service.
16.0121 - City Service. For the purpose of computing seniority credits for employees in classes not included in Regulation 16.0122, service shall include all paid City employment of an employee between date of appointment and date of layoff, or demotion in lieu of layoff, provided however, that periods not exceeding fifteen (15) consecutive calendar days during which an employee is (a) on leave of absence without pay, (b) suspended without pay, or (c) awaiting reinstatement or reappointment in the City service following separation or layoff, shall also be included as service. Time served by an employee on a leave of absence without pay as a representative of an employee organization, as provided for in Section 22.10 of the Regulations, shall be included as service. While an approved leave of absence without pay, suspension without pay, or layoff, for a period exceeding fifteen (15) consecutive calendar days is not to be counted as service, time worked immediately preceding and that immediately following such breaks in employment is counted as service. If a person had a break in City service for reasons other than layoff, approved leave of absence, or suspension without pay for more than fifteen (15) continuous calendar days, he or she shall upon re-employment earn seniority as a new employee.
16.01211 - Combination of Permanent and Other Types of Appointment. Time worked under provisional appointment, when followed immediately by permanent appointment, shall be included in computing length of service.
16.01212 - Seniority Credit for Military Service. Seniority credit shall be granted for each year or major portion thereof of active service in the armed forces of the United States or in any women's organization officially connected therewith, during any war or armed conflict in which the United States engaged and which was gained prior to entry in the City Service. A veteran who was reinstated from military leave shall receive seniority credits for the time spent on such leave on the same basis as if it were City service.
16.0122 - City Service Employees in Classes Represented by Locals 2186 and 2187 of District Council 47, Employees in Classes with the Pay-roll Union Code A, M and I Represented by District Council 33, Employees in Classes Represented by the Fraternal Order of Police, Lodge 5 and Non-Represented Employees. The employees longevity date, as maintained by the Office of Human Resources Information System, will be used to compute the employees seniority credit.
16.013 - PERFORMANCE RATING CREDIT. Performance rating credit shall be computed on the basis of the employee's last performance report for the class designated for layoff and which has been on file with the Director as required by the Regulations thirty (30) days prior to the date the employee is notified of layoff, in the following manner: Zero (0) points shall be assigned to each Unsatisfactory or Unacceptable factor rating; ten (10) points shall be assigned to each Improvement Needed factor rating; twenty (20) points to each Satisfactory factor rating; twenty-five (25) points to each Superior factor rating; and thirty (30) points to each Outstanding factor rating. To obtain the performance rating credit of an employee the sum of all points assigned to him on his performance report shall be divided by the total number of utilized factors. In the event there is no performance report on file for an employee for the class designated for layoff as required in this section, the employee's performance shall be deemed to be Satisfactory in all respects.
16.014 - DEMOTION IN LIEU OF LAYOFF. An employee who has completed his probationary period, or is a promotional probationary or promotional provisional employee in the class of layoff, in lieu of layoff may elect voluntary demotion to:
Such demotion shall not be permitted if the result thereof would be to cause the layoff of an employee with greater combined total points derived from seniority and performance rating. To be considered for demotion in lieu of layoff an employee must notify his appointing authority and the Director, in writing, of such election not later than ten (10) calendar days after receiving notice of layoff. Demotions in lieu of layoffs, and layoffs resulting therefrom, shall be made within the organizational unit as determined in Subsection 16.0111 of this Regulation.
16.0141 - Rights of Employees Displaced by Demotion. An employee displaced by a demotion as provided for in Section 16.014 of this Regulation has the same right to elect voluntary demotion in lieu of layoff as provided in said section.
16.015 - PROBATIONARY EMPLOYEES (NEW). A probationary employee with less than six (6) months of City service, as defined in this Regulation, shall not be entitled to the benefits of Section 16.014 of this Regulation, but shall have his name placed on the appropriate layoff list.
16.016 - NAMES OF LAID OFF OR DEMOTED EMPLOYEES TO BE PLACED ON LAYOFF LISTS. The names of employees laid off, or demoted in lieu of layoff, shall be placed upon the appropriate layoff lists for the classes from which the employees were laid off or demoted, ranked on the basis of combined total of points derived from seniority and performance ratings as provided for in this Regulation (refer to Civil Service Regulation 11.18).
16.017 - APPEALS. An employee may appeal to the Commission within thirty (30) calendar days after receiving notice of layoff on the ground that the required procedure has not been complied with or that the layoff has not been made in good faith or was otherwise improper. The Commission shall hear and dispose of appeals as provided in Section 17.06 of the Regulations, following such hearing schedules as they deem appropriate and necessary for the prompt review of all appeals.
16.02 - FURLOUGH. Placing an employee temporarily in a non-pay, non-duty status because of lack of work or lack of funds or other economic reasons as determined by the Finance Director. All furloughs must be authorized in advance by the Finance Director and the Director of Human Resources. Time spent on furlough shall be an unpaid leave of absence and shall be treated as an unpaid leave of absence such for purposes of accruing pension and service credit. The City shall not be required to follow the lay off procedure set forth in Civil Service Regulation 16.01 and its sub-parts with regards to such furloughs. The City will continue to make health benefit contributions on behalf of the employee during the furlough period. Furloughs shall not be considered a separation from service.
16.021 - APPLICABILITY. The regulations set forth in 16.02 and its sub-parts are applicable to non-represented civil service employees and represented employees covered by a collective bargaining agreement that includes a furlough provision.
16.022 - NOTICE OF FURLOUGH. Each employee to be furloughed shall be notified in writing at least seven (7) days before the date of furlough, except where emergency considerations found and declared by the Finance Director require a shorter period of notice. Concurrent notice shall be given to the bargaining unit of affected employees, where applicable.
16.023 - DURATION OF FURLOUGH. The furlough shall be for any specified period of time, and may be for consecutive days or on an intermittent basis.
16.0231 - For employees permanently allocated to classes designated as exempt from the overtime provisions of the Fair Labor Standards Act (FLSA), if a furlough occurs on an intermittent basis, the employee shall not be permitted to make up the furlough time during the remainder of that work week and in no event shall an employee covered by this paragraph be permitted to work more than forty (40) hours during a week in which the employee is furloughed. As an alternative to requiring intermittent furlough days in a specified amount, the appointing authority may, with the approval of the Finance Director and the Director of Human Resources, reduce the employee's salary by a concomitant amount prospectively from the time of notice to the employee of the change for the remainder of the fiscal year and provide to those affected employees an equivalent number of additional administrative leave days for that fiscal year. This reduced salary rate shall not be used when calculating terminal leave payments.
16.024 - FURLOUGH UNIT. The appointing authority shall designate either the department or, with the approval of the Director, a recognized budget division as the organizational unit within which the furloughs are to be made. Within the organizational unit designated, the appointing authority, with the approval of the Director, shall also designate the classes to be furloughed.
16.025 - PAY STATUS DURING FURLOUGH. In accordance with Regulation 6.071, an employee may not receive any compensation while in furlough status except as provided in 16.0231. Furloughed employees cannot elect to use any type of paid leave during their furlough. Employees who are on approved paid leave at the commencement of the furlough will have that leave terminated until the end of the furlough. No employee shall be paid for any recognized holiday if that holiday occurs on a day in which the employee has been assigned a furlough day.
16.026 - EFFECT OF FURLOUGH ON LENGTH OF SERVICE. Time spent on furlough does not reduce an employee's length of service for purposes of earned pay step increases, longevity increments, computing vacation or sick leave earned, length of service required for career advancement promotions as well as experience to qualify in examinations or continuous service for purposes of post retirement health benefit eligibility.
16.028 - APPEALS. An employee may not appeal a furlough to the Civil Service Commission.
END OF REGULATION 16.