Common use of ABOLISHMENT OF POSITIONS Clause in Contracts

ABOLISHMENT OF POSITIONS. ‌ When a position becomes vacant due to the promotion, demotion, separation, death, resignation, transfer, reassignment of the incumbent, or for any reason, the City Manager shall have full discretion to determine whether the position is to be filled or to be abolished within ten (10) business days of the vacancy. In the event that the City Manager determines to fill the position, the procedures regarding promotions as set forth in Ohio Revised Code §124.45 shall be followed. In the event that the City Manager determines to abolish a vacant position, the position shall be abolished and deleted from the Position Control Job Listing (Table of Organization), upon the signing, by the City Manager, of the appropriate form for abolition, within such ten (10) day period, followed by the transmittal of such form to appropriate departments. In any such abolishment, neither the City nor the Civil Service Commission shall be required to hold an examination where no list of eligibles is in existence for such position. When a list of eligibles is in existence and the position to be abolished is vacant, promotion shall be effected according to law from such list immediately prior to the abolishment of the position and recall rights shall ensue according to law. The employee promoted to the position to be abolished shall be demoted to the position occupied immediately prior to the promotion. Such promotion and abolishment shall not create any vacancy at any lower ranks that would require any other related promotions or examinations. When the abolishment of a vacant position occurs and there is no eligible list, no related demotions and/or layoffs are required. When the abolishment of a vacant position occurs, and there is a list, demotions back to positions occupied immediately prior to promotion shall occur according to law, but no related layoff shall be required. The City Manager shall also have full discretion in accord with the terms of this Article to abolish any position that is filled. In the event the City Manager determines that a filled position should be abolished for managerial reasons including, without limit, reorganization for efficiency or economy or for lack of work or funds, he may do so upon ten (10) days written notice to the incumbent and the bargaining representative. When such an abolishment occurs, it shall be within the managerial discretion of the City Manager to determine whether related demotions and/or layoffs down through the ranks are required. It is expressly agreed that the contractual provisions contained in this section are intended to modify or replace the application of the statutory terms set forth in Ohio Revised Code §124.37, Ohio Revised Code §124.321 and any other statute or regulation related to abolishing uniformed civil service positions in the Fire Department. Any provision of Ohio Revised Code §124.37 and Ohio Revised Code §124.321 or related statutes or regulations which may apply to the abolishment of positions, which provision is in conflict with the terms of this Article, shall be null and suspended, shall be not binding upon these parties and shall be superseded and replaced by the terms of this article. This Article shall also modify or replace any subsequent legislative enactments or administrative regulations concerning the abolishment of such positions and in conflict with the provisions of this Article.

ABOLISHMENT OF POSITIONS. ‌ When a position becomes vacant due to the promotion, demotion, separation, death, resignation, transfer, reassignment of the incumbent, or for any reason, the City Manager shall have full discretion to determine whether the position is to be filled or to be abolished within ten (10) business days of the vacancy. In the event that the City Manager determines to fill the position, the procedures regarding promotions as set forth in Ohio Revised Code §124.45 shall be followed. In the event that the City Manager determines to abolish a vacant position, the position shall be abolished and deleted from the Position Control Job Listing (Table of Organization), upon the signing, by the City Manager, of the appropriate form for abolition, within such ten (10) day period, followed by the transmittal of such form to appropriate departments. In any such abolishment, neither the City nor the Civil Service Commission shall be required to hold an examination where no list of eligibles is in existence for such position. When a list of eligibles is in existence and the position to be abolished is vacant, promotion shall be effected according to law from such list immediately prior to the abolishment of the position and recall rights shall ensue according to law. The employee promoted to the position to be abolished shall be demoted to the position occupied immediately prior to the promotion. Such promotion and abolishment shall not create any vacancy at any lower ranks that would require any other related promotions or examinations. When the abolishment of a vacant position occurs and there is no eligible list, no related demotions and/or layoffs are required. When the abolishment of a vacant position occurs, and there is a list, demotions back to positions occupied immediately prior to promotion shall occur according to law, but no related layoff shall be required. The City Manager shall also have full discretion in accord with the terms of this Article to abolish any position that is filled. In the event the City Manager determines that a filled position should be abolished for managerial reasons including, without limit, reorganization for efficiency or economy or for lack of work or funds, he may do so upon ten (10) days written notice to the incumbent and the bargaining representative. When such an abolishment occurs, it shall be within the managerial discretion of the City Manager to determine whether related demotions and/or layoffs down through the ranks are required. It is expressly agreed that the contractual provisions contained in this section are intended to modify or replace the application of the statutory terms set forth in Ohio Revised Code §124.37, Ohio Revised Code §124.321 and any other statute or regulation related to abolishing uniformed civil service positions in the Fire Department. Any provision of Ohio Revised Code §124.37 and Ohio Revised Code §124.321 or related statutes or regulations which may apply to the abolishment of positions, which provision is in conflict with the terms of this Article, shall be null and suspended, shall be not binding upon these parties and shall be superseded and replaced by the terms of this article. This Article shall also modify or replace any subsequent legislative enactments or administrative regulations concerning the abolishment of such positions and in conflict with the provisions of this Article.