Common use of MANAGEMENT OPTIONS FOR PROBATIONARY EMPLOYEES Clause in Contracts

MANAGEMENT OPTIONS FOR PROBATIONARY EMPLOYEES. A. The District may, at its exclusive discretion, move (i.e., demote) an employee during his or her new-hire probationary period from a position in a higher classification in the bargaining unit into a vacant budgeted position (i.e., one with no regular incumbent) in a lower classification in the bargaining unit within the Police Department. However, such action is valid only if the classifications from and to which the employee is moved, or their substantial equivalents, are in existence in the Police Department, as determined by the District’s Human Resources Department and remain in existence in the Police Department at the time of the move. Such action shall be deemed a voluntary termination during new-hire probation from the higher classification and a simultaneous conditional rehire as a new probationary employee in the lower classification. The moved employee shall have no residual rights in the classification from which he or she is moved. Such termination and move shall not be subject to appeal except Section 13.2D. of this Agreement. B. After deciding tentatively to implement a conditional move to a lower classification pursuant to paragraph 1, the Police Chief or designee shall confer with the Human Resources Department Manager or designee to ensure that the reasons that render the continued service of the employee in the higher classification unacceptable does not render the employee unsuitable for service in the lower classification as well. After such consultation, the Police Chief may begin to implement the conditional move if the Chief continues to desire to undertake such action. C. Except as otherwise provided, an employee moved pursuant to paragraph 1, shall be treated as a new hire in the lower classification. The employee shall serve a complete new-hire probationary period in such lower classification. The District may dismiss or further move such employee to a yet lower classification at any time during such probationary period. Such move or dismissal shall not be subject to appeal. If the employee is moved to a lower classification, the employee shall again be treated as new hire in the lower classification except as otherwise provided in this Provision. The employee shall serve a complete new- hire probationary period in the lower classification into which the employee has been moved. D. At least five (5) business days prior to a move pursuant to paragraph 1, the moved employee must complete and deliver to the Human Resources Department a District employment application for employment in the lower classification. If the Human Resources Department determines that the employee’s application shows that the employee meets the minimum qualifications required for the lower classification, the employee’s name shall be referred to the Police Department as a potentially qualified candidate. If the Human Resources Department determines that the employee does not meet the minimum qualifications, the employee will not be moved to the lower classification. If the Human Resources Department refers the employee’s name to the Police Department, the Police Department shall determine, through its applicable testing process, if any, whether the employee possesses any further qualifications required for service in the lower classification. If through the testing process, if any, the Police Department determines that the employee possesses the qualifications required for the lower classification, the Police Department may demote the employee pursuant to paragraph 1. The determinations made by the Human Resources Department and the Police Department under this paragraph shall not be subject to appeal. E. An employee moved to a lower classification pursuant to paragraph 1 may remain in the lower classification only if, in the exclusive judgment of the Police Chief or designee, the employee passes such tests and is the best qualified from among all tested applicants. Within thirty (30) days after the employee’s conditional demotion pursuant to paragraph 3, the Chief or designee shall notify the employee in writing if the employee has passed the applicable test, if any and if the employee has been deemed the best qualified candidate for the position. If the employee does not receive such written notice from the Chief or designee during this period, the employee shall be terminated. The termination shall take effect upon first delivery to the employee or to the employee’s home address on file with the District. If a written “passing” notice is not given within the thirty (30) day period, then, automatically, at the close of business on the thirtieth (30th) day following the effective date of the conditional move to the lower classification, the employee will be terminated. Nothing herein shall be construed as impairing in any way the District’s right to terminate the employee from such position prior to the end of such thirty (30) day period if deemed by the Chief to be in the District’s best interest to do so. Termination pursuant to this paragraph 4 shall not be subject to appeal. If the employee receives notice from the Chief or designee that the employee passed the applicable test, if any and was deemed best qualified, prior to the thirtieth (30th) day following the effective date on conditional move to the lower classification, the District may retain the employee in the position in the lower reclassification to which the employee was moved. F. For the purposes of determining vacation accrual rate and PERS service date, an employee moved to a lower classification pursuant to paragraph 1 who has passed the tests and been deemed most qualified pursuant to paragraph 4 shall be granted District service credit for time served in the classification(s) from which the employee was moved. The accumulated balances in such employee’s sick, vacation, holiday and compensatory time off accounts at the time of such move shall be retained on the books for the employee’s use in his or her lower classification, subject to normal rules governing such use. G. Nothing in this Provision shall be construed as granting any employee serving a new hire probationary period a right to move to a lower classification in lieu of termination.

MANAGEMENT OPTIONS FOR PROBATIONARY EMPLOYEES. A. The District may, at its exclusive discretion, move (i.e., demote) an employee during his or her new-hire probationary period from a position in a higher classification in the bargaining unit into a vacant budgeted position (i.e., one with no regular incumbent) in a lower classification in the bargaining unit within the Police Department. However, such action is valid only if the classifications from and to which the employee is moved, or their substantial equivalents, are in existence in the Police Department, as determined by the District’s Human Resources Department and remain in existence in the Police Department at the time of the move. Such action shall be deemed a voluntary termination during new-hire probation from the higher classification and a simultaneous conditional rehire as a new probationary employee in the lower classification. The moved employee shall have no residual rights in the classification from which he or she is moved. Such termination and move shall not be subject to appeal except Section 13.2D. of this Agreement. B. After deciding tentatively to implement a conditional move to a lower classification pursuant to paragraph 1, the Police Chief or designee shall confer with the Human Resources Department Manager or designee to ensure that the reasons that render the continued service of the employee in the higher classification unacceptable does not render the employee unsuitable for service in the lower classification as well. After such consultation, the Police Chief may begin to implement the conditional move if the Chief continues to desire to undertake such action. C. Except as otherwise provided, an employee moved pursuant to paragraph 1, shall be treated as a new hire in the lower classification. The employee shall serve a complete new-hire probationary period in such lower classification. The District may dismiss or further move such employee to a yet lower classification at any time during such probationary period. Such move or dismissal shall not be subject to appeal. If the employee is moved to a lower classification, the employee shall again be treated as new hire in the lower classification except as otherwise provided in this Provision. The employee shall serve a complete new- hire probationary period in the lower classification into which the employee has been moved. D. At least five (5) business days prior to a move pursuant to paragraph 1, the moved employee must complete and deliver to the Human Resources Department a District employment application for employment in the lower classification. If the Human Resources Department determines that the employee’s application shows that the employee meets the minimum qualifications required for the lower classification, the employee’s name shall be referred to the Police Department as a potentially qualified candidate. If the Human Resources Department determines that the employee does not meet the minimum qualifications, the employee will not be moved to the lower classification. If the Human Resources Department refers the employee’s name to the Police Department, the Police Department shall determine, through its applicable testing process, if any, whether the employee possesses any further qualifications required for service in the lower classification. If through the testing process, if any, the Police Department determines that the employee possesses the qualifications required for the lower classification, the Police Department may demote the employee pursuant to paragraph 1. The determinations made by the Human Resources Department and the Police Department under this paragraph shall not be subject to appeal. E. An X. Xx employee moved to a lower classification pursuant to paragraph 1 may remain in the lower classification only if, in the exclusive judgment of the Police Chief or designee, the employee passes such tests and is the best qualified from among all tested applicants. Within thirty (30) days after the employee’s conditional demotion pursuant to paragraph 3, the Chief or designee shall notify the employee in writing if the employee has passed the applicable test, if any and if the employee has been deemed the best qualified candidate for the position. If the employee does not receive such written notice from the Chief or designee during this period, the employee shall be terminated. The termination shall take effect upon first delivery to the employee or to the employee’s home address on file with the District. If a written “passing” notice is not given within the thirty (30) day period, then, automatically, at the close of business on the thirtieth (30th) day following the effective date of the conditional move to the lower classification, the employee will be terminated. Nothing herein shall be construed as impairing in any way the District’s right to terminate the employee from such position prior to the end of such thirty (30) day period if deemed by the Chief to be in the District’s best interest to do so. Termination pursuant to this paragraph 4 shall not be subject to appeal. If the employee receives notice from the Chief or designee that the employee passed the applicable test, if any and was deemed best qualified, prior to the thirtieth (30th) day following the effective date on conditional move to the lower classification, the District may retain the employee in the position in the lower reclassification to which the employee was moved. F. For the purposes of determining vacation accrual rate and PERS service date, an employee moved to a lower classification pursuant to paragraph 1 who has passed the tests and been deemed most qualified pursuant to paragraph 4 shall be granted District service credit for time served in the classification(s) from which the employee was moved. The accumulated balances in such employee’s sick, vacation, holiday and compensatory time off accounts at the time of such move shall be retained on the books for the employee’s use in his or her lower classification, subject to normal rules governing such use. G. Nothing in this Provision shall be construed as granting any employee serving a new hire probationary period a right to move to a lower classification in lieu of termination.

MANAGEMENT OPTIONS FOR PROBATIONARY EMPLOYEES. ‌ A. The District may, at its exclusive discretion, move (i.e., demote) an employee during his or her new-hire probationary period from a position in a higher classification in the bargaining unit into a vacant budgeted position (i.e., one with no regular incumbent) in a lower classification in the bargaining unit within the Police Department. However, such action is valid only if the classifications from and to which the employee is moved, or their substantial equivalents, are in existence in the Police Department, as determined by the District’s Human Resources Department and remain in existence in the Police Department at the time of the move. Such action shall be deemed a voluntary termination during new-hire probation from the higher classification and a simultaneous conditional rehire as a new probationary employee in the lower classification. The moved employee shall have no residual rights in the classification from which he or she is moved. Such termination and move shall not be subject to appeal except Section 13.2D. 13.2 of this Agreement. B. After deciding tentatively to implement a conditional move to a lower classification pursuant to paragraph 1, the Police Chief or designee shall confer with the Human Resources Department Manager or designee to ensure that the reasons that render the continued service of the employee in the higher classification unacceptable does not render the employee unsuitable for service in the lower classification as well. After such consultation, the Police Chief may begin to implement the conditional move if the Chief continues to desire to undertake such action. C. Except as otherwise provided, an employee moved pursuant to paragraph 1, shall be treated as a new hire in the lower classification. The employee shall serve a complete new-hire probationary period in such lower classification. The District may dismiss or further move such employee to a yet lower classification at any time during such probationary period. Such move or dismissal shall not be subject to appeal. If the employee is moved to a lower classification, the employee shall again be treated as new hire in the lower classification except as otherwise provided in this Provision. The employee shall serve a complete new- hire probationary period in the lower classification into which the employee has been moved. D. At least five (5) business days prior to a move pursuant to paragraph 1, the moved employee must complete and deliver to the Human Resources Department a District employment application for employment in the lower classification. If the Human Resources Department determines that the employee’s application shows that the employee meets the minimum qualifications required for the lower classification, the employee’s name shall be referred to the Police Department as a potentially qualified candidate. If the Human Resources Department determines that the employee does not meet the minimum qualifications, the employee will not be moved to the lower classification. If the Human Resources Department refers the employee’s name to the Police Department, the Police Department shall determine, through its applicable testing process, if any, whether the employee possesses any further qualifications required for service in the lower classification. If through the testing process, if any, the Police Department determines that the employee possesses the qualifications required for the lower classification, the Police Department may demote the employee pursuant to paragraph 1. The determinations made by the Human Resources Department and the Police Department under this paragraph shall not be subject to appeal. E. An employee moved to a lower classification pursuant to paragraph 1 may remain in the lower classification only if, in the exclusive judgment of the Police Chief or designee, the employee passes such tests and is the best qualified from among all tested applicants. Within thirty (30) days after the employee’s conditional demotion pursuant to paragraph 3, the Chief or designee shall notify the employee in writing if the employee has passed the applicable test, if any and if the employee has been deemed the best qualified candidate for the position. If the employee does not receive such written notice from the Chief or designee during this period, the employee shall be terminated. The termination shall take effect upon first delivery to the employee or to the employee’s home address on file with the District. If a written “passing” notice is not given within the thirty (30) day period, then, automatically, at the close of business on the thirtieth (30th) day following the effective date of the conditional move to the lower classification, the employee will be terminated. Nothing herein shall be construed as impairing in any way the District’s right to terminate the employee from such position prior to the end of such thirty (30) day period if deemed by the Chief to be in the District’s best interest to do so. Termination pursuant to this paragraph 4 shall not be subject to appeal. If the employee receives notice from the Chief or designee that the employee passed the applicable test, if any and was deemed best qualified, prior to the thirtieth (30th) day following the effective date on conditional move to the lower classification, the District may retain the employee in the position in the lower reclassification to which the employee was moved. F. For the purposes of determining vacation accrual rate and PERS service date, an employee moved to a lower classification pursuant to paragraph 1 who has passed the tests and been deemed most qualified pursuant to paragraph 4 shall be granted District service credit for time served in the classification(s) from which the employee was moved. The accumulated balances in such employee’s sick, vacation, holiday and compensatory time off accounts at the time of such move shall be retained on the books for the employee’s use in his or her lower classification, subject to normal rules governing such use. G. Nothing in this Provision shall be construed as granting any employee serving a new hire probationary period a right to move to a lower classification in lieu of termination.

MANAGEMENT OPTIONS FOR PROBATIONARY EMPLOYEES. A. 1. The District may, at its exclusive discretion, move (i.e., i.e. demote) an employee during his or her new-hire probationary period from a position in a higher classification in the bargaining unit into a vacant budgeted position (i.e., i.e. one with no regular incumbent) in a lower classification in the bargaining unit within the Police Department. However, such action is valid only if the classifications from and to which the employee is moved, or their substantial equivalents, are in existence in the Police Department, as determined by the District’s Human Resources Department and remain in existence in the Police Department at the time of the move. Such action shall be deemed a voluntary termination during new-hire probation from the higher classification and a simultaneous conditional rehire as a new probationary employee in the lower classification. The moved employee shall have no residual rights in the classification from which he or she is moved. Such termination and move shall not be subject to appeal except Section 13.2D. Provision 13.2D of this Agreement. B. 2. After deciding tentatively to implement a conditional move to a lower classification pursuant to paragraph 1, the Police Chief or designee shall confer with the Human Resources Department Manager or designee to ensure that the reasons that render the continued service of the employee in the higher classification unacceptable does not render the employee unsuitable for service in the lower classification as well. After such consultation, the Police Chief may begin to implement the conditional move if the Chief continues to desire to undertake such action. C. 3. Except as otherwise provided, an employee moved pursuant to paragraph 1, shall be treated as a new hire in the lower classification. The employee shall serve a complete new-hire probationary period in such lower classification. The District may dismiss or further move such employee to a yet lower classification at any time during such probationary period. Such move or dismissal shall not be subject to appeal. If the employee is moved to a lower classification, the employee shall again be treated as new hire in the lower classification except as otherwise provided in this Provision. The employee shall serve a complete new- hire probationary period in the lower classification into which the employee has been moved. D. 4. At least five (5) business days prior to a move pursuant to paragraph 1, the moved employee must complete and deliver to the Human Resources Department a District employment application for employment in the lower classification. If the Human Resources Department determines that the employee’s application shows that the employee meets the minimum qualifications required for the lower classification, the employee’s name shall be referred to the Police Department as a potentially qualified candidate. If the Human Resources Department determines that the employee does not meet the minimum qualifications, the employee will not be moved to the lower classification. If the Human Resources Department refers the employee’s name to the Police Department, the Police Department shall determine, through its applicable testing process, if any, whether the employee possesses any further qualifications required for service in the lower classification. If through the testing process, if any, the Police Department determines that the employee possesses the qualifications required for the lower classification, the Police Department may demote the employee pursuant to paragraph 1. The determinations made by the Human Resources Department and the Police Department under this paragraph shall not be subject to appeal. E. An employee moved to a lower classification pursuant to paragraph 1 may remain in the lower classification only if, in the exclusive judgment of the Police Chief or designee, the employee passes such tests and is the best qualified from among all tested applicants. Within thirty (30) days after the employee’s conditional demotion pursuant to paragraph 3, the Chief or designee shall notify the employee in writing if the employee has passed the applicable test, if any and if the employee has been deemed the best qualified candidate for the position. If the employee does not receive such written notice from the Chief or designee during this period, the employee shall be terminated. The termination shall take effect upon first delivery to the employee or to the employee’s home address on file with the District. If a written “passing” notice is not given within the thirty (30) day period, then, automatically, at the close of business on the thirtieth (30th) day following the effective date of the conditional move to the lower classification, the employee will be terminated. Nothing herein shall be construed as impairing in any way the District’s right to terminate the employee from such position prior to the end of such thirty (30) day period if deemed by the Chief to be in the District’s best interest to do so. Termination pursuant to this paragraph 4 shall not be subject to appeal. If the employee receives notice from the Chief or designee that the employee passed the applicable test, if any and was deemed best qualified, prior to the thirtieth (30th) day following the effective date on conditional move to the lower classification, the District may retain the employee in the position in the lower reclassification to which the employee was moved. F. For the purposes of determining vacation accrual rate and PERS service date, an employee moved to a lower classification pursuant to paragraph 1 who has passed the tests and been deemed most qualified pursuant to paragraph 4 shall be granted District service credit for time served in the classification(s) from which the employee was moved. The accumulated balances in such employee’s sick, vacation, holiday and compensatory time off accounts at the time of such move shall be retained on the books for the employee’s use in his or her lower classification, subject to normal rules governing such use. G. Nothing in this Provision shall be construed as granting any employee serving a new hire probationary period a right to move to a lower classification in lieu of termination.the