SECTION 1. WHEN LAY OFFS MAY BE MADE: Any department head may, with the Board of Supervisors approval, lay off employees because of lack of work, lack of funds, reorganization, or otherwise when in the best interests of the County. The procedures and order of lay offs shall be in accordance with rules of the Commission.
SECTION 2. REPORTS AND NOTICES OF LAY OFF:
A. After the above described decision is made to order a lay off the department head will report promptly to the Director the number of employees in each classification to be laid off, and the effective dates.
B. The department head will give at least fourteen days advance written notice to employees to be laid off, unless a shorter period of time is authorized by the Director.
SECTION 3. PRECEDENCE BY EMPLOYMENT STATUS: No permanent employee shall be laid off while employees working in an extra help, temporary, provisional, or probationary status are retained in the same classification unless that employee has been offered the extra help, temporary or provisional appointment. The order of lay off among employees not having permanent status shall be according to the following categories:
A. Extra Help
SECTION 4. COMPUTATION OF SENIORITY/PREPARATION OF LAY OFF LIST:
A. Upon receipt of a notice of intended lay off from a department head the Director will prepare a lay off list, which shall govern the order of lay offs.
B. Lay offs shall be by job classification according to reverse order of seniority as determined by total continuous County Civil Service, except as specified in Section 3. In event that two or more employees have the same seniority, the examination score for their present classifications shall determine seniority. The following provisions shall apply in computing total continual service:
1. Time spent on military leave, leave to accept temporary employment outside the County government, and leave to accept a position in the unclassified service shall count as County service.
2. Time worked in an extra help status shall not count as County service.
3. Time worked in a permanent, probationary, provisional, or temporary status shall count as County service. Part time status shall count at the rate of one (l) year of continuous employment for each 2080 straight time hours worked.
C. In the event that an employee is laid off from one department to another department only two-thirds of that employee’s total continuous service shall be used in calculating seniority for such move.
SECTION 5. EMPLOYEE OPTIONS:
A. Employees who are laid off shall have any of the following three choices:
1. Taking a voluntary demotion within the same department to a classification in which the employee had prior probationary or permanent status provided such a position is held by an employee with less seniority.
2. On a County-wide basis, displacing the employee in the same classification having the least seniority in County service. For the purpose of such County-wide move, County service, including military leave, shall be allowed at the rate of two-thirds (2/3) of the actual time so served.
3. On a County-wide basis, taking a voluntary demotion to a classification in which the employee had prior probationary or permanent status provided such a position is held by an employee with less seniority. For the purpose of such County-wide move, County service, including military leave, shall be allowed at the rate of two-thirds (2/3) of the actual time so served.
B. Part time employees shall not displace full time employees, unless the part time employee has held full time status in the classification.
SECTION 6. NAMES OF EMPLOYEES LAID OFF TO BE PLACED ON REEMPLOYMENT ELIGIBLE LISTS: The names of employees laid off shall be placed on reemployment eligible lists as specified in Rule VIII, Section 5. Former employees appointed from a reemployment eligible list shall be restored all rights accrued prior to being laid off, such as sick leave, vacation credits, and credit for years of service. However, such reemployed employees shall not be eligible for benefits for which they received compensation at the time of or subsequent to the date they were laid off. The provisions of this section shall not apply to employees who have accepted severance pay upon termination of employment.