12.1. Definition of Layoff
The County may layoff employees because of lack of work, lack of funds, reorganization, or otherwise when in the best interest of the County.
12.2. Notice of Layoff
The department head will give at least thirty (30) days advance written notice to employees to be laid off except in an emergency situation in which case the Human Resources Director may authorize a shorter period of time.
12.3. Precedence by Employment Status
No permanent employee shall be laid off while employees working in a seasonal, temporary, provisional or probationary status are retained in the same classification unless that employee has been offered the seasonal, temporary or provisional appointment. The order of layoff among employees not having permanent status shall be according to the following categories:
- Extra-Help or Seasonal
- Probationary: among probationary employees in a given classification, order of layoff shall be according to reverse order of seniority as determined by total continuous County civil service, not continuous time in that probationary period.
Layoffs shall be by job classification according to reverse order of seniority as determined by total continuous County civil service, except as specified above.
The following provisions shall apply in computing total continuous service:
- The following shall count as County service:
- Time spent on military leave,
- Leave to accept temporary employment of less than one (1) year outside the County government, and
- Leave to accept a position in the unclassified service.
- Periods of time during which an employee is required to be absent from their position by reason of an injury or disease for which they are entitled to and are currently receiving Workers’ Compensation benefits shall be included in computing length of service for the purpose of determining that employee’s seniority rights.
- Time worked in an extra-help or seasonal status shall not count as County service.
- 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 (1) year of continuous employment for each two thousand eighty (2,080) straight-time hours worked.
If two (2) or more employees have the same seniority, the examination scores for their present classification shall determine seniority.
12.4. Identification of Positions for Layoff
- The classifications in flexibly staffed series, including Assistant Engineer, Associate Engineer and Associate Civil Engineer, are treated as one classification for the purposes of layoff.
- When a classification has formal numbered options, each of which specifies separate hiring criteria, each option shall be treated as a separate classification for layoff purposes.
- Employees who are laid off shall have the choices to:
- Take 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.
- On a departmental basis, displace the employee in the same classification having the least seniority in County service.
- A displaced employee may request the Director of Human Resources to place the employee’s name on the promotional eligible list or open eligible list for any classification for which, in the Human Resource Director’s opinion, the employee is qualified. The employee’s name will be above the names of persons who have not been displaced, ranked in the order specified in subsection 12.2.
- Pursuant to Rule XI, Sections 11 and 12 of the Civil Service Rules as revised, an employee may, with the approval of the Human Resources Director and the department head, demote or transfer to a vacant position for which the employee possesses the necessary skills and qualifications.
- A transfer, for layoff purposes, is defined as a change from one position to another in the same classification or in another classification, the salary range of which is not more than one step higher.
- Part-time employees shall not displace full-time employees, unless the part-time employee has held full-time status in the classification.
- In addition to all other options, employees in classifications at risk of being eliminated, as determined by the affected department head, may also be placed on the reinstatement list.
12.6. Names of Employees Laid Off to be Placed on Reemployment and General Eligible Lists
The names of employees laid off shall be placed on reemployment eligible lists as specified below. Former employees appointed from a reemployment eligible list shall be restored all rights accrued prior to being laid off, such as sick leave credits, vacation credits, and vacation accrual rate, and credit for years of service toward the calculation of seniority. However, such re-employed 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 departmental reemployment eligible list for each classification shall consist of the names of employees and former employees having probationary or permanent status, and who were laid off or whose positions were reallocated downward as a result of reclassification. The rank order on such lists shall be determined by relative seniority as specified in subsection 12.3. Such lists shall take precedence over all other eligible lists in making certifications to the department in which the employee worked.
The general reemployment eligible list for each classification shall consist of the names of employees and former employees having probationary or permanent status, and who were laid off or whose positions were reallocated downward as a result of reclassification. The rank order on such lists shall be determined by relative seniority. Such lists shall take precedence over all other eligible lists, except departmental reemployment eligible lists, in making certifications on a County-wide basis.
The provisions of this subsection 12.4-6 shall not apply to employees who have accepted severance pay as defined in Section 13 of this MOU entitled “Severance Pay” upon termination of employment.
12.7. Abolition of Position
The provisions of this Section 12 shall apply when an occupied position is abolished resulting in a classified employee losing status in their assigned classification in their assigned department.