Demotions in Lieu of Layoff a. In lieu of being laid off, an employee may elect demotion to a classification with a lower salary status in which the employee had previously served under permanent status provided that the employee has a greater hire date seniority in the classification than the incumbent employee. The employee shall be allowed to bump the employee with the least hire date seniority in the lower classification.
b. Any employee will be automatically considered for demotion in lieu of layoff unless s/he indicates otherwise. The employee must notify the District in writing within five (5) working days after receiving layoff notice and rights to demotion.
c. Any employee demoted pursuant to this rule shall receive the closest salary step of the new salary range of the classification which is closest to, but not greater than, the employee's present salary.
d. An employee displaced pursuant to this rule shall have the same rights as persons laid off for lack of work or lack of funds.
Demotions in Lieu of Layoff. Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or to remain in their present positions rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility to be considered for reemployment for an additional period of up to 24 months; provided, that the same tests of fitness under which they qualified for appointment to the class shall still apply. Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff shall be, at the option of the employee, returned to a position in their former class or to positions with increased assigned time as vacancies become available, and without limitation of time, but if there is a valid reemployment list they shall be ranked on that list in accordance with their proper seniority.
Demotions in Lieu of Layoff. 1. An employee designated for layoff must be demoted into a vacant lower classification for which he/she has not held regular status if the following conditions are met:
a. The employee requests or otherwise agrees to the demotion,
b. The employee meets the minimum qualifications of the lower position, and
c. The City Manager concurs with the proposed action.
d. Employees who are not currently serving in the Fire Department in a sworn position at the time of layoff may not request demotion into the Fire Department in a sworn position.
e. Employees who are not currently serving in the Police Department in a sworn position at the time of the layoff may not request demotion into the Police Department in a sworn position.
f. If there are two or more employees who meet the eligibility requirements specified in a – e above, and request demotion to the same position, the order of eligibility of demotion will be by City Seniority. If City Seniority is identical, demotion entitlement must be determined by drawing of lots. For Fire Department employees only, in the event of a tie, the tie breaker will be the person’s final examination score on the certified eligibility list that determined their classification/rank. Any additional criteria as to seniority for Fire employees will be at the discretion of the Fire Chief.
2. All employees who are demoted will be paid at the same rate of pay as prior to demotion, if, and only if, the base wage is within the range of the lower position. If this is not the case, the rate of pay must be within the salary range of the lower position which is closest to the rate of pay prior to demotion (see Rule 3.4(c) of the City’s Personnel Rules and Regulations).
3. An employee must accept a demotion within five (5) working days after receipt of a notice of demotion, by written notice to the Human Resources Manager. If acceptance is not exercised within the specified time period, an employee will automatically forfeit the ability to demote.
