Chapter 3A.10
SEPARATION - LAYOFF - RECALL - REINSTATEMENT

Sections:

3A.10.010    General.

3A.10.020    Reduction in force - Layoff.

3A.10.030    Recall from layoff.

3A.10.040    Reinstatement.

3A.10.010 General.

Separation for voluntary resignation, retirement and layoff shall be in good standing and the employee will be eligible for reinstatement under the rules of this chapter if: (1) The employee has provided written notice at least 10 working days prior to the effective date (in cases of voluntary resignation or retirement); (2) The employee has not resigned to avoid disciplinary action; and (3) The employee has a satisfactory performance record.

(Added Ord. 84-129, § 2, Nov. 21, 1984; Amended by Ord. 13-070, Oct. 9, 2013, Eff date Oct. 20, 2013).

3A.10.020 Reduction in force - Layoff.

When the elimination or reorganization of work or lack of funds causes the elimination of one or more occupied positions, a layoff will be declared.

(1) Identification of Layoff Unit. The layoff unit will consist of all positions in the affected job classification within the division affected by the reduction. Departments without division level programs will be considered as the whole layoff unit. A position within a classification may be excluded from a layoff unit as a specialty where:

(a) The specialty position was filled using substantially different qualifications;

(b) Transfer between the specialty and other positions in the classification does not normally occur; and

(c) Qualification for the specialty position could not be easily obtained through a short orientation or familiarization period.

(2) Order of Layoff. In-training, acting, temporary and probationary employees within the layoff unit will be laid off first in the order stated. Order of layoff between regular employees within the layoff unit will be based on each employee’s job classification seniority and performance evaluation according to procedures prescribed by the director. Employees with the lowest scores shall be laid off first. In the event of a tie between two or more employees:

(a) The employee with the least total unbroken service in the affected department shall be laid off first; if a tie still exists then,

(b) The employee with the least total unbroken county service shall be laid off first.

(3) Job Classification Seniority - Defined. Job classification seniority for the purposes of consideration in layoff and bumping situations is the period of unbroken service in the affected job classification and all classifications previously held which were at the same or higher level within the same occupational group. An authorized leave of absence without pay does not constitute a break in service; however, the seniority computation will be adjusted on a day-for-day basis for all such leave days in excess of 90 consecutive calendar days unless otherwise prohibited by state or federal law. An employee on disability leave of absence on account of an industrial injury or occupational disease shall continue to accrue seniority during the first 52 weeks.

(4) Layoff Options. Within the affected division, a regular or probationary employee who is scheduled for layoff may be offered, in lieu of layoff, one or more of the following options if available:

(a) A voluntary demotion to a position in a lower level job classification in which the employee has held classified status if the employee continues to meet the minimum qualifications and has greater job classification seniority than the occupant (if any) of the position in the lower class.

(b) A voluntary demotion to a lower level job classification in the employee’s promotional line may be permitted whether or not the employee has held regular status in the lower class if the employee meets the minimum qualifications and has greater job classification seniority than the occupant (if any) of the position in the lower class. Such demotions will be restricted to promotional lines which are defined and promulgated by the director.

(c) A transfer to a vacant position in a job classification at the same level or demotion to a lower level classification, not previously held, provided the employee meets the minimum qualifications. Such transfers or demotions may be made without examination. An employee who accepts such an option must complete a six month probationary period before being granted status in the class and is subject to all rules covering probationary employees. A transfer or demotion to a job classification in which classified status was previously held will not require a new probationary period.

No employee will be offered a promotion as a direct result of being affected by a layoff situation but may apply for any available promotional opportunity in accordance with rules covering application.

A classified employee who is offered an option as specified in this section may indicate acceptance or rejection within three working days of its receipt. Failure to do so shall constitute rejection of the offer.

(5) Notice of Layoff. A notice of layoff, signed by the appropriate division or department head, shall be given to affected employees at least 20 working days prior to the effective date. Where necessary the county may issue a corrected notice of layoff. The date of layoff for an employee receiving such corrected notice will be adjusted to ensure the employee at least five working days notice of the change. A copy of each layoff notice will be provided to the director.

(6) Placement of Laid Off Employees on Layoff Register. The names of regular classified and probationary employees who have been laid off (including acceptance of a demotion option) shall be placed on a layoff register for the classification from which the employee was separated. An employee’s name shall remain on the register for two years from the date of layoff. An employee’s name may be removed for any of the following reasons:

(a) Inability to contact the employee by mail at the employee’s last known address.

(b) Rejection by the employee of an offer to interview for a county vacancy in the same job classification.

(c) Acceptance by the employee of other employment or an expression that the employee has no further interest in returning to county employment.

(d) Reappointment of the employee to the employee’s former classification.

(Added Ord. 84-129, § 2, Nov. 21, 1984; Amended by Ord. 13-070, Oct. 9, 2013, Eff date Oct. 20, 2013).

3A.10.030 Recall from layoff.

First consideration to fill vacancies in county positions shall be given to employees on layoff registers. Upon notification by an employing official that a vacancy exists, the director will contact qualified candidates from the layoff register and certify the names of those interested, if any, to the employing official. Names will be submitted in the following order:

(1) Employees laid off from the same layoff unit in which the vacancy exists.

(2) Employees laid off from the classification which is currently vacant.

(3) Employees laid off from other classifications at the same or a higher level who have the appropriate qualifications.

The employing official shall examine certified candidates and indicate to the director the selection results.

(Added Ord. 84-129, § 2, Nov. 21, 1984; Ord. 04-141, Jan. 19, 2005, Eff date Jan. 31, 2005).

3A.10.040 Reinstatement.

(1) A regular or probationary employee who is separated from a job classification in good standing, except employees placed on a layoff register, may be reinstated to a vacancy in the same classification within one year of separation without competition. A regular or probationary employee who is separated from a job classification and placed on a layoff register may be reinstated to a vacancy in the same classification within two years of separation without competition.

Such employees will be credited with:

(a) Assumption of the previous job classification seniority and anniversary dates adjusted for the time gone.

(b) The previous rate of sick leave and vacation accrual based on years of service.

(c) Reinstatement of previous sick leave accrual balances; however, if any previous payment for accrued sick leave had been received, it must first be repaid.

(d) Regular status only if reinstatement is to the department from which separation in good standing or layoff occurred and if regular status had been previously attained. In other instances, a six month probationary period must be served. An employee who is reinstated from a layoff register who fails to complete the probationary period will be returned to the layoff register for the remainder of the two year eligibility period established by the date of original layoff.

(e) Benefits in accordance with any restrictions or waiting period imposed by plan documents.

(2) An employee who is reinstated from a layoff register to a classification not previously held in accordance with SCC 3A.10.030 shall be:

(a) Required to serve a probationary period. A reinstated employee who fails to complete probationary period shall be returned to the layoff register for the remainder of the two year period established by the date of original layoff.

(b) Given new job classification seniority and anniversary dates.

(c) Given the previous rate of sick leave and vacation accrual based on years of service.

(d) Credited with previous sick leave accrual balances; however, if any previous payment for accrued sick leave had been received, it must first be repaid.

(e) Given benefits in accordance with any restrictions or waiting period imposed by the plan documents.

(Added Ord. 84-129, § 2, Nov. 21, 1984; Amended by Ord. 13-070, Oct. 9, 2013, Eff date Oct. 20, 2013).