§ 86-424. Layoff or reduction in force.

(a)

Causes. Employees may be transferred, demoted or laid off whenever it becomes necessary by reason of:

(1)

Reduction of, elimination of or insufficient funding;

(2)

Elimination or reduction of level of functions or work activities;

(3)

Abolishment of positions by the county council; or

(4)

Appropriately authorized reorganization for purpose of administrative efficiency.

Whenever the transfer, demotion or layoff of one or more employees shall become necessary for one of the reasons listed in this subsection, the appointing authority shall notify the human resources director as far as possible in advance of the effective date of the intended action, including the reasons therefor.

(b)

Order of transfer, demotion or layoff. When it becomes necessary to reduce the number of employees within a given class in any department or division, transfer, demotion or layoff shall occur in the following sequence:

(1)

Emergency employees.

(2)

Transient employees.

(3)

Temporary employees.

(4)

Provisional employees.

(5)

Probationary employees (appointed from an eligible list, but who have not completed the initial probationary period).

(6)

Permanent employees.

Employees in each of these categories shall be transferred, demoted or laid off on the basis of length of service for employment preference purposes.

(c)

Employment preference. Employment preference in a class is based on an employee's total length of continuous, satisfactory service and the aptitude, qualifications, knowledge, skills, abilities, and experience necessary to do the work in the position within the class without further training, except orientation, as determined by the department.

(d)

Method of transfer, demotion or layoff. When a reduction in the number of employees in one or more classes in a division, or in a department if there is no division, is necessary, the human resources division shall be immediately notified and shall assist in applying the reduction in force procedure. The following procedure shall be applied:

(1)

   Step 1. Employment preference of all employees in each class designated for reduction shall be computed.

(2)

Step 2. The specific employees to be reduced shall be determined by identifying the number of employees to be reduced from that class.

(3)

Step 3. Employees identified in step 2 shall be compared with employees in other classes in the division, or in a department if there is no division, at the same level (pay range) to determine whether any may be qualified, and, if so, whether they may have greater employment preference than an employee in one of those classes. Qualified in this context means that the employee must have the aptitude, qualifications, knowledge, skills, abilities, and experience necessary to do the work in the position within the class without further training, except orientation, as determined by the department head.

(4)

Step 4. Those employees to be reduced from a class at a higher level (pay range) determined in steps 2 and/or 3 shall be compared to employees in all classes in the division, or in a department if there is no division, to determine whether they have greater employment preference than an employee in that level (pay range). Employees with lesser employment preference shall be displaced by employees with greater employment preference if the employee with greater preference is determined to be qualified to perform in the class.

(5)

Step 5. Step 4 shall be followed at all lower levels until the lowest level (pay range) in the division, or in a department if there is no division, has been reached.

(6)

Step 6. Employees with the least employment preference as identified in steps 2 through 5 shall be separated by layoff.

(e)

Layoff list. A layoff list shall be established for each class from which employees with status were transferred, demoted or laid off. Employees shall be ranked on such list in order of their employment preference in the class.

(f)

Filling of vacancies. The county shall have discretion to fill any vacancies. If the county fills a vacancy in a division, or in a department if there is no division, it shall give employment preference if it is determined the employee is qualified to perform in the class.

(g)

Layoffs or reduction in force to be last resort. Layoffs or reduction in force should be effected only after all personnel actions aimed at avoiding a layoff have been considered to no avail, e.g., transfers, reassignments, etc. Reduction in force shall not be used as a vehicle for eliminating inadequate or unsatisfactory employees.

(h)

Notification of employee. Employees to be laid off shall be notified in writing by the appointing authority at least 14 calendar days prior to the effective date of the layoff.

(i)

Qualified . For the purpose of this section, qualified means the aptitude, qualifications, knowledge, skills, abilities, and experience necessary to do the work in the position within the class without further training, except orientation, as determined by the department head.

(Ord. No. 81-19, § 13.04, 9-3-81; Ord. No. 2016-20, § I, 12-15-16; Ord. No. 2017-27, § I, 11-16-17; Ord. No. 2018-16, § I, 12-4-18)