Chapter 3.80
SEPARATION

Sections:

3.80.010    Resignations.

3.80.020    Layoffs.

3.80.030    Medical separation.

3.80.040    Terminations/dismissals.

3.80.010 Resignations.

A.    Notice of Resignation. An employee other than an employee who serves at-will who resigns shall give at least two weeks’ written notice to his or her immediate supervisor. The period of notice may be reduced or waived by the mayor upon recommendation of the department head. A notice of resignation shall become part of the personnel file. An employee who serves at-will may resign his or her employment at any time; however, when resigning, such an employee is requested to take into consideration the needs of the city with respect to providing notice of his or her resignation.

B.    Withdrawal of Resignation. An employee may withdraw his or her resignation prior to the effective date stated in the applicable notice of resignation only with the written approval of the mayor and the department head.

C.    Effective Date of Resignation. The effective date of resignation shall be the last day on which the employee works. (Ord. 03-33(SUB)(AM) § 2 (part), 2003)

3.80.020 Layoffs.

A.    Reason for Layoff. The city has the sole and exclusive discretion to lay off employees due to the following:

1.    Budgetary and/or fiscal constraints:

2.    Elimination of a position, a reduction in force, or a material change in departmental organization;

3.    Suspension of seasonal work;

4.    Failure of an employee to successfully complete the probationary period following promotion or transfer;

5.    Material change in the duties of the position for which the employee lacks the necessary skills, knowledge or aptitude; and

6.    Any other legitimate business reason determined by the mayor in his or her sole and exclusive discretion.

B.    Layoff Procedure. No employee who has attained a regular appointment shall be laid off without first receiving at least two weeks’ advance notice, unless the employee waives such notice, or an emergency requires less notice. In lieu of notice, a laid off employee may be provided with severance pay at the sole discretion of the mayor. The mayor shall determine what constitutes an emergency. The mayor may offer an employee subject to layoff another vacant position at the same or lower pay within the department or any other department which may be available, if the employee meets the minimum qualifications for that position as determined by the mayor, or arrange for training opportunities to qualify for a change in the skills needed for a position, if feasible. Nothing in this section or these rules requires the mayor to find an employee an alternative to layoff if the mayor determines that an alternative does not exist.

C.    Eligibility for Reemployment. A layoff of more than one year shall constitute a break in service for the purpose of a person’s entitlement to preferential reemployment rights. Acceptance of an appointment, other than a temporary or provisional appointment, to a position with the city constitutes satisfaction of an employee’s reemployment rights. (Ord. 03-33(SUB)(AM) § 2 (part), 2003)

3.80.030 Medical separation.

An employee who is medically unable to return to work following approved leave shall be separated in good standing from city employment. (Ord. 03-33(SUB)(AM) § 2 (part), 2003)

3.80.040 Terminations/dismissals.

A.    Reason for Termination/Dismissal. Terminations or dismissals may be necessary for a variety of reasons, including but not necessarily limited to the following:

1.    Disciplinary actions;

2.    Unsatisfactory performance;

3.    End of a substitute appointment upon return of the incumbent when the substitute’s transfer to another position has not been achieved; or

4.    Failure to successfully complete the probationary period after initial hire.

B.    Severance pay may be provided to a terminated or dismissed employee at the sole discretion of the mayor.

C.    Terminated or dismissed employees may be rehired solely at the discretion of the mayor. (Ord. 03-33(SUB)(AM) § 2 (part), 2003)