Common use of Layoff Notification & Severance Clause in Contracts

Layoff Notification & Severance. The appointing authority may lay off employees or demote employees in lieu of layoff subject to the following conditions: (a) Whenever in the judgment of the City Council it becomes necessary, in the interest of economy or because the necessity for the position or an employment involved no longer exists, the City Council may abolish any position or employment in the competitive service and lay off, demote or transfer an employee holding such position or employment without filing written charges and without the right to appeal. (b) Seniority shall be observed in effecting such reduction in personnel, and the order of layoff shall be in the reverse order of total cumulative time served in the City's service upon the effective date of the layoff. Layoff shall be made within classes of positions, and all provisional employees in the affected class or classes shall be laid off prior to the layoff of any probationary or regular employee. (c) Whenever seniority is equal, the seniority of the employee shall be determined first by examining total cumulative service within the affected classification and, if not determinative, then by position on the employment list. (d) Length of cumulative service is interpreted to be total time spent in the employ of the City, including all days of attendance at work, approved leaves of absence whether earned or specially authorized, and time served on military leave of absence but shall not include unauthorized absences, time spent between employment with the City, suspensions, layoffs or any other time when the employee was not actively engaged at work. (e) The City shall notify in writing those employees to be laid off at least ten

Layoff Notification & Severance. The appointing authority may lay off employees or demote employees in lieu of layoff subject to the following conditions: (a) Whenever in the judgment of the City Council it becomes necessary, in the interest of economy or because the necessity for the position or an employment involved no longer exists, the City Council may abolish any position or employment in the competitive service and lay off, demote or transfer an employee holding such position or employment without filing written charges and without the right to appeal. (b) Seniority shall be observed in effecting such reduction in personnel, and the order of layoff shall be in the reverse order of total cumulative time served in the City's service upon the effective date of the layoff. Layoff shall be made within classes of positions, and all provisional employees in the affected class or classes shall be laid off prior to the layoff of any probationary or regular employee. (c) Whenever seniority is equal, the seniority of the employee shall be determined first by examining total cumulative service within the affected classification and, if not determinative, then by position on the employment list. (d) Length of cumulative service is interpreted to be total time spent in the employ of the City, including all days of attendance at work, approved leaves of absence whether earned or specially authorized, and time served on military leave of absence but shall not include unauthorized absences, time spent between employment with the City, suspensions, layoffs or any other time when the employee was not actively engaged at work. (e) This subsection (e) will not apply to employees laid off in 2011 as a result of the City outsourcing law enforcement services to the County. The City shall notify in writing those employees to be laid off ten (10) calendar days prior to the effective date of any such layoff. In the event an employee is laid off for reasons not related to contracting out for services, employees to be laid off shall receive a minimum of 120 hours of base pay upon separation from employment. In the event an employee is laid off as a direct result of the City outsourcing services, and the employee is not offered alternate employment at least tenthe City or the entity to which services are outsourced, the City will pay the employee six (6) months of severance pay at the employee’s final City base pay rate upon separation in consideration for the employee’s release of any and all claims. A layoff will be considered directly resulting from City outsourcing if an employee is laid off from a job classification whose primary job duties have been contracted out within the previous nine

Layoff Notification & Severance. The appointing authority may lay off employees or demote employees in lieu of layoff subject to the following conditions: (a) Whenever in the judgment of the City Council it becomes necessary, in the interest of economy or because the necessity for the position or an employment involved no longer exists, the City Council may abolish any position or employment in the competitive service and lay off, demote or transfer an employee holding such position or employment without filing written charges and without the right to appeal. (b) Seniority shall be observed in effecting such reduction in personnel, and the order of layoff shall be in the reverse order of total cumulative time served in the City's service upon the effective date of the layoff. Layoff shall be made within classes of positions, and all provisional employees in the affected class or classes shall be laid off prior to the layoff of any probationary or regular employee. (c) Whenever seniority is equal, the seniority of the employee shall be determined first by examining total cumulative service within the affected classification and, if not determinative, then by position on the employment list. (d) Length of cumulative service is interpreted to be total time spent in the employ of the City, including all days of attendance at work, approved leaves of absence whether earned or specially authorized, and time served on military leave of absence but shall not include unauthorized absences, time spent between employment with the City, suspensions, layoffs or any other time when the employee was not actively engaged at work. (e) This subsection (e) will not apply to employees laid off in 2011 as a result of the City outsourcing law enforcement services to the County. The City shall notify in writing those employees to be laid off ten (10) calendar days prior to the effective date of any such layoff. In the event an employee is laid off for reasons not related to contracting out for services, employees to be laid off shall receive a minimum of 120 200 hours of baseseverance pay based on the below tier upon separation from employment. 1-5 years 120 hours 5-10 years 160 hours 10+ years 200 hours In the event an employee is laid off as a direct result of the City outsourcing services, and the employee is not offered alternate employment at the City or the entity to which services are outsourced, the City will pay the employee six (6) months of severance pay at the employee’s final City base pay rate upon separation in consideration for the employee’s release of any and all claims. A layoff will be considered directly resulting from City outsourcing if an employee is laid off from a job classification whose primary job duties have been contracted out within the previous nine (9) months of the layoff. An employee who: (i) declines to apply for alternate employment with the entity with whom the City contracts for services, (ii) declines an offer of employment with a salary of at least teneighty-five percent (85%) of the employee’s City base salary from the entity with whom the City contracts, or (iii) retires within 120 days of separation will not be eligible for severance pay. Employees laid off from higher-ranking classifications shall have the option, if qualified, to displace employees who have less seniority in their same classifications or lower rated job classifications in the same job series. In addition, such employees shall have the option, if qualified, to demote to vacancies in equal or lower rated job classifications outside the job series. (f) If an employee is demoted in lieu of layoff, the appointing authority shall assign the employee to the pay rate in the pay range for the new classification that least reduces the employee's prevailing pay rate immediately prior to the demotion. (g) The names of persons laid off or demoted in accordance with these rules shall be entered upon a reemployment list. Such list shall be used when a vacancy arises in the same or lower class of position. (h) Names of persons laid off shall be carried on a reemployment list for twelve