Common use of Position Reinstatement Clause in Contracts

Position Reinstatement. Notwithstanding the provisions of City Charter section 1109 and Santa Xxxxxx Municipal Code section 2.04.380, the parties agree as follows: a. If at any time between the execution of this Agreement and July 6, 2022, the City reinstates the same position or creates a position with substantially similar job duties to the position from which an employee was laid off, as provided in City Charter section 1109 and Santa Xxxxxx Municipal Code section 2.08.380, then the person(s) laid off from that position will be offered the position, in reverse order in which the layoffs occurred in a particular Department, as soon as practicable following position establishment. If all persons who were laid off from an eligible position have been offered and decline to accept the reinstated or created position, the City may recruit for the position through the City’s regular hiring policies and procedures. If the reinstated or created position is included in the Fiscal Year 2022-2023 budget as adopted by Council, it will be deemed to be established for purposes of this provision. If an employee declines reinstatement, the employee shall be removed from the re-employment list. b. If at any time between the execution of this Agreement and July 6, 2022, the City reinstates the same position or creates a position with substantially similar job duties (consistent with City Charter section 1109 and Santa Xxxxxx Municipal Code section 2.04.380) to the position from which one or more employees who received layoff notices exercised their “bumping rights,” in accordance with Santa Xxxxxx Municipal Code section 2.04.390, to bump down into a position of lower rank, the employees who bumped down to a lower position will be offered the reinstated or created position , in the reverse order in which the layoffs occurred in a particular Department, as soon as practicable following position establishment. If the reinstated or created position is included in the Fiscal Year 2022-2023 budget as adopted by Council, it will be deemed to be established for purposes of this provision.