Common use of LAYOFF AND DEMOTION PROCEDURES UPON REDUCTION IN FORCE Clause in Contracts

LAYOFF AND DEMOTION PROCEDURES UPON REDUCTION IN FORCE. a) When it becomes necessary through lack of work, lack of funds, or for other reasons to reduce the number of employees, the CITY shall prepare a lay-off list by classification within a department. Within each job class, employees shall be laid off in the following order: temporary, provisional, probationary, regular. The order of layoff shall then be based on the CITY's needs, with particular regard for length of service with the CITY and performance evaluation reports. b) Whenever there is a reduction in work force, the CITY shall first demote to a vacancy, if any, in the next lower class for which the employee who is scheduled for layoff meets the minimum employment standards. Employees with the least continuous service and lowest performance evaluations shall be demoted first. All persons so demoted shall have their names placed on the classification reinstatement eligible list. c) If there are no vacant positions in a lower class available, the CITY shall allow bumping from a higher to a lower classification within a department. An employee may bump into the next lowest class for which the minimum employment standards are met. d) If there are no vacant positions or bumping possibilities, the CITY shall lay off employees within a department and classification. Employees with the least continuous service and lowest performance evaluations shall be laid off first. All persons laid off shall have their names placed on the classification reinstatement eligible list. e) To determine the length of continuous service, all uninterrupted employment, including periods of authorized leaves of absence which require a retirement contribution, and including all periods as a full-time CETA employee, shall be counted. f) To determine the level of performance evaluation, the latest two evaluations shall be used. Ratings of "Does Not Meet Expectations" shall be ranked lowest, ratings of "Meets Expectations" shall be ranked second, and ratings of "Exceeds Expectations" or higher shall be ranked highest. g) An employee scheduled for demotion or layoff shall be given a minimum of fourteen (14) calendar days’ notice in writing. The notice shall state the effective date and time of demotion or layoff. h) Names shall be placed on classification reinstatement eligible lists in the order of continuous CITY service. Vacant positions within a classification shall first be offered to those on the reinstatement list who meet the minimum employment standards for the vacant position. The eligibility of individuals on the reinstatement list shall be for a period of two (2) years from the date of demotion or layoff. Eligibles not responding to written notification of an opening within fourteen (14) calendar days shall have their names removed from the list. i) A reinstated employee shall be entitled to the following benefits: 1) Prior sick leave accrual 2) Seniority at time of layoff or demotion for purposes of determining merit increases, vacation accruals and future reductions in the work force 3) A salary as nearly as possible equivalent to that which the employee was receiving immediately prior to layoff or demotion. If the employee chooses to be reinstated in a class at a lower salary range than that held previously, the salary will be either equivalent to the salary immediately prior to layoff or demotion or as close to the equivalent as the new salary range allows j) A person appointed from a reinstatement eligible list within six (6) months to the same position held prior to layoff or demotion, will obtain permanent status upon reinstatement. All other persons appointed from a reinstatement list shall serve a new probationary period. k) Employees laid off shall be paid for all accrued vacation, holidays and overtime. Accrued sick leave shall remain on the books in event of reinstatement. l) The employee may elect to either withdraw the employee share of the retirement contribution or leave the money in the retirement system. m) Layoffs and demotions shall be made without regard to race, color, national origin, religion, sex, age, citizenship, or physical handicap. n) Whenever any provision of this section conflicts with any other section of this MOU or any Personnel Rules or Personnel Administrative Orders, the provisions of this section shall prevail.

LAYOFF AND DEMOTION PROCEDURES UPON REDUCTION IN FORCE. a(A) When it becomes necessary through lack of work, lack of funds, funds or for other reasons to reduce the number of employees, the CITY City shall prepare a lay-off layoff list by classification within a department. Within each job class, employees shall be laid off in the following order: temporary, provisional, probationary, regular. The order of layoff shall then be based on the CITYCity's needs, with particular regard for length of service with the CITY City and performance evaluation reports. In the event of a tie in City service seniority, determination of seniority will be based upon classification service. If a tie still exists, determination will then be based upon total exam score as used for placement onto the City’s position eligibility list during recruitment. If a tie still exists, determination will then be based upon review of evaluation ratings until the tie is broken. Wherever bumping rights are described, the employee must meet the minimum requirements for the job, and an employee’s rights to bump will be determined by their overall City service, adjusted by performance evaluations as provided below. To determine the level of performance evaluation, the most recent annual or probationary evaluation shall be used. An overall rating of "Does Not Meet" shall reduce the employee's continuous years of service by one (1) year. b(B) TRANSFER, DEMOTION, LAYOFF 1) Whenever there is a reduction in work force, the CITY City shall first transfer the employee to a vacancy in the same classification in the same department. If no such vacancy exists, the employee may voluntarily transfer to a vacancy in the department in a classification the employee previously held. If no such vacancy exists, the employee may elect to demote to a vacancy, if any, in the next lower class for which the employee who is scheduled for layoff meets the minimum employment standards. Employees with standards provided no other employee has greater rights to that vacancy by virtue of having formerly held the least continuous service and lowest performance evaluations shall be demoted firstclassification or greater overall seniority. All persons so demoted shall have their names placed on the department classification reinstatement eligible list. c2) If there are no vacant positions positions, in a lower class available, the CITY City shall allow bumping from a higher to a lower classification within a department. An employee may bump into the next lowest class in the customary career progression for which the minimum employment standards are metmet and the employee has greater overall City service, adjusted by performance evaluations as provided in paragraph (A). An employee may bump laterally or down to a classification s/he previously held within the same department. When there is more than one (1) possible lower classification for bumping consideration, the Department Director shall determine the appropriate classification based on the needs of the City. d3) If there are no vacant positions or bumping possibilities, the CITY City shall lay off layoff employees within a department and classification. Employees with the least continuous overall City service and lowest performance evaluations shall be laid off first. All persons laid off shall have their names placed on the department classification reinstatement eligible listlist for a period of two (2) years. Departments will be encouraged to consider employees on a reinstatement list for vacancies, City- wide, for their specific classification. e4) To determine An employee scheduled for layoff may bump into any classification represented by MCEA in another department as long as the length of continuous service, all uninterrupted employment, including periods of authorized leaves of absence which require employee previously held regular status in the classification in that department and the employee has greater overall seniority as provided in paragraph (A). Such employee will serve a retirement contribution, and including all periods as a full-time CETA employee, shall be counted.new probationary period f(C) To determine the level of performance evaluation, the latest two evaluations shall be used. Ratings of "Does Not Meet Expectations" shall be ranked lowest, ratings of "Meets Expectations" shall be ranked second, and ratings of "Exceeds Expectations" or higher shall be ranked highest.PROCEDURE g1) An employee scheduled for demotion or layoff shall be given a minimum of fourteen (14) calendar days’ notice in writing. The notice shall state the effective date and time of demotion or layoff. h2) Names shall be placed on department classification reinstatement eligible lists in the inverse order of continuous CITY servicelayoff as defined in paragraph (A). Vacant positions within a classification shall first be offered to those on the reinstatement list who meet the minimum employment standards for the vacant position. The eligibility of individuals on the reinstatement list shall be for a period of two (2) years from the date of demotion or layoff. Eligibles not responding to written notification of an opening within fourteen (14) calendar days shall have their names removed from the list. i(D) REINSTATEMENT A reinstated employee shall be entitled to the following benefits: 1) Prior sick leave accrualaccrual (unless sick leave was cashed-out in accordance with the applicable rules). 2) Seniority at time of layoff or demotion for purposes of determining merit increases, vacation accruals and future reductions in the work force. 3) A salary as nearly as possible equivalent to that which the employee was receiving immediately prior to layoff or demotion. If the employee chooses to be reinstated in a class at a lower salary range than that held previously, the salary will be either equivalent to the salary immediately prior to layoff or demotion or as close to the equivalent as the new salary range allows. j4) A person appointed from a reinstatement eligible list within six (6) months to the same position held prior to layoff or demotion, will obtain permanent status upon reinstatement. All other persons appointed from a reinstatement list shall serve a new probationary period. k) Employees laid off shall be paid for all accrued vacation, holidays and overtime. Accrued sick leave shall remain on the books in event of reinstatement. l) The employee may elect to either withdraw the employee share of the retirement contribution or leave the money in the retirement system. m) Layoffs and demotions shall be made without regard to race, color, national origin, religion, sex, age, citizenship, or physical handicap. n) Whenever any provision of this section conflicts with any other section of this MOU or any Personnel Rules or Personnel Administrative Orders, the provisions of this section shall prevail.upon

LAYOFF AND DEMOTION PROCEDURES UPON REDUCTION IN FORCE. a) ‌ A. When it becomes necessary through lack of work, lack of funds, or for other reasons to reduce the number of employees, the CITY shall prepare a lay-off list by classification within a department. Within each job class, employees shall be laid off in the following order: temporary, provisional, probationary, regular. The order of layoff shall then be based on the CITY's needs, with particular regard for length of service with within the CITY and performance evaluation reportsCITY. b) B. Whenever there is a reduction in work force, the CITY shall first demote transfer the affected employee to a vacancyvacancy in the same classification, if any, in the next lower class for which the employee who is scheduled for layoff meets the minimum employment standardsemployee’s department. Employees with the least continuous service and lowest performance evaluations shall be demoted transferred first. All persons so demoted shall have their names placed on the classification reinstatement eligible list. c) C. If there are no vacant positions in a lower the same class available, the CITY shall allow bumping the affected employee to bump from a higher to a lower classification within a the employee’s department, within the same classification the employee previously held or in the same classification series, provided the employee has more length of continuous service as defined in paragraph D, below. An employee may bump into There shall be no lateral bumping within the next lowest class for which the minimum employment standards are met. d) If there are no vacant positions same salary range or bumping possibilitiesto a higher classification. When there is more than one possible lower classification or classification series previously held by the employee for bumping consideration, the CITY Department Director shall lay off employees within a department and classification. Employees with determine the least continuous service and lowest performance evaluations shall be laid off firstappropriate classification based on the needs of the CITY. All persons laid off shall have their names placed on the classification reinstatement eligible listlist for a period of two (2) years. Departments will be encouraged to consider employees on a reinstatement list for vacancies, City-wide, for their specific classification. e) D. To determine the length of continuous service, all uninterrupted employment, including periods of authorized leaves of absence which require a retirement contribution, and including all periods as a full-time CETA and PEP employee, shall be countedcounted with the CITY. f) To determine the level of performance evaluation, the latest two evaluations shall be used. Ratings of "Does Not Meet Expectations" shall be ranked lowest, ratings of "Meets Expectations" shall be ranked second, and ratings of "Exceeds Expectations" or higher shall be ranked highest. g) E. An employee scheduled for demotion or layoff shall be given a minimum of fourteen (14) calendar days’ notice in writing. The notice shall state the effective date and time of demotion or layoff. h) F. Names shall be placed on classification reinstatement eligible lists in the inverse order of continuous CITY servicelayoff as defined in paragraph (A). Vacant positions within a classification shall first be offered to those on the reinstatement list who meet the minimum employment standards for the vacant position. The eligibility of individuals on the reinstatement list shall be for a period of two (2) years from the date of demotion or layoff. Eligibles Eligible individuals not responding to written notification of an opening within fourteen (14) calendar days shall have their names removed from the list.list.‌ i) X. A reinstated employee shall be entitled to the following benefits:. 1) . Prior sick leave accrualaccrual (unless sick leave was cashed out in accordance with the applicable rules). 2) . Seniority at time of layoff or demotion for purposes of determining merit increases, vacation accruals and future reductions in the work force. 3) . A salary as nearly as possible equivalent to that which the employee was receiving immediately prior to layoff or demotion. If the employee chooses to be reinstated in a class at a lower salary range than that held previously, the salary will be either equivalent to the salary immediately prior to layoff or demotion or as close to the equivalent as the new salary range allows. j) H. A person appointed from a reinstatement eligible list within six (6) months to the same position held prior to layoff or demotion, will obtain permanent status upon reinstatement. All other persons appointed from a reinstatement list shall serve a new probationary period. k) I. Employees laid off shall be paid for all accrued vacation, holidays and overtime. Accrued sick leave shall either be paid as provided for by the applicable rules, or may remain on the books in the event of reinstatement. If reinstatement does not occur within two (2) years, sick leave shall be paid in accordance with the applicable rules at the employee's hourly rate of pay at the time of layoff. l) X. The employee may elect to either withdraw the employee their share of the retirement contribution or leave the money in the retirement system. m) Layoffs X. Xxxxxxx and demotions shall be made without regard to race, color, national origin, religion, sex, age, citizenship, or physical handicap. n) not violate the Non-Discrimination Article of this MOU. Whenever any provision of this section Article conflicts with any other section Article of this MOU or any Personnel Rules or Personnel Administrative Orders, the provisions of this section Article shall prevail.

LAYOFF AND DEMOTION PROCEDURES UPON REDUCTION IN FORCE. a(A) When it becomes necessary through lack of work, lack of funds, funds or for other reasons to reduce the number of employees, the CITY City shall prepare a lay-off layoff list by classification within a department. Within each job class, employees shall be laid off in the following order: temporary, provisional, probationary, regular. The order of layoff shall then be based on the CITYCity's needs, with particular regard for length of service with the CITY City and performance evaluation reports. In the event of a tie in City service seniority, determination of seniority will be based upon classification service. If a tie still exists, determination will then be based upon total exam score as used for placement onto the City’s position eligibility list during recruitment. If a tie still exists, determination will then be based upon review of evaluation ratings until the tie is broken. Wherever bumping rights are described, the employee must meet the minimum requirements for the job, and an employee’s rights to bump will be determined by their overall City service, adjusted by performance evaluations as provided below. To determine the level of performance evaluation, the most recent annual or probationary evaluation shall be used. An overall rating of "Does Not Meet" shall reduce the employee's continuous years of service by one (1) year. b(B) TRANSFER, DEMOTION, LAYOFF 1) Whenever there is a reduction in work force, the CITY City shall first transfer the employee to a vacancy in the same classification in the same department. If no such vacancy exists, the employee may voluntarily transfer to a vacancy in the department in a classification the employee previously held. If no such vacancy exists, the employee may elect to demote to a vacancy, if any, in the next lower class for which the employee who is scheduled for layoff meets the minimum employment standards. Employees with standards provided no other employee has greater rights to that vacancy by virtue of having formerly held the least continuous service and lowest performance evaluations shall be demoted firstclassification or greater overall seniority. All persons so demoted shall have their names placed on the department classification reinstatement eligible list. c2) If there are no vacant positions positions, in a lower class available, the CITY City shall allow bumping from a higher to a lower classification within a department. An employee may bump into the next lowest class in the customary career progression for which the minimum employment standards are metmet and the employee has greater overall City service, adjusted by performance evaluations as provided in paragraph (A). An employee may bump laterally or down to a classification s/he previously held within the same department. When there is more than one (1) possible lower classification for bumping consideration, the Department Director shall determine the appropriate classification based on the needs of the City. d3) If there are no vacant positions or bumping possibilities, the CITY City shall lay off employees within a department and classification. Employees with the least continuous overall City service and lowest performance evaluations shall be laid off first. All persons laid off shall have their names placed on the department classification reinstatement eligible listlist for a period of two (2) years. Departments will be encouraged to consider employees on a reinstatement list for vacancies, Citywide, for their specific classification. e4) To determine An employee scheduled for layoff may bump into any classification represented by XXXX in another department as long as the length of continuous service, all uninterrupted employment, including periods of authorized leaves of absence which require employee previously held regular status in the classification in that department and the employee has greater overall seniority as provided in paragraph (A). Such employee will serve a retirement contribution, and including all periods as a full-time CETA employee, shall be counted.new probationary period f(C) To determine the level of performance evaluation, the latest two evaluations shall be used. Ratings of "Does Not Meet Expectations" shall be ranked lowest, ratings of "Meets Expectations" shall be ranked second, and ratings of "Exceeds Expectations" or higher shall be ranked highest.PROCEDURE g1) An employee scheduled for demotion or layoff shall be given a minimum of fourteen (14) calendar days’ notice in writing. The notice shall state the effective date and time of demotion or layoff. h2) Names shall be placed on department classification reinstatement eligible lists in the inverse order of continuous CITY servicelayoff as defined in paragraph (A). Vacant positions within a classification shall first be offered to those on the reinstatement list who meet the minimum employment standards for the vacant position. The eligibility of individuals on the reinstatement list shall be for a period of two (2) years from the date of demotion or layoff. Eligibles not responding to written notification of an opening within fourteen (14) calendar days shall have their names removed from the list. i(D) REINSTATEMENT A reinstated employee shall be entitled to the following benefits: 1) Prior sick leave accrualaccrual (unless sick leave was cashed-out in accordance with the applicable rules). 2) Seniority at time of layoff or demotion for purposes of determining merit increases, vacation accruals and future reductions in the work force. 3) A salary as nearly as possible equivalent to that which the employee was receiving immediately prior to layoff or demotion. If the employee chooses to be reinstated in a class at a lower salary range than that held previously, the salary will be either equivalent to the salary immediately prior to layoff or demotion or as close to the equivalent as the new salary range allows. j4) A person appointed from a reinstatement eligible list within six (6) months to the same position held prior to layoff or demotion, will obtain permanent status upon reinstatement. All other persons appointed from a reinstatement list shall serve a new probationary period. k) Employees laid off shall be paid for all accrued vacation, holidays and overtime. Accrued sick leave shall remain on the books in event of reinstatement. l) The employee may elect to either withdraw the employee share of the retirement contribution or leave the money in the retirement system. m) Layoffs and demotions shall be made without regard to race, color, national origin, religion, sex, age, citizenship, or physical handicap. n) Whenever any provision of this section conflicts with any other section of this MOU or any Personnel Rules or Personnel Administrative Orders, the provisions of this section shall prevail.