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HomeMy WebLinkAboutReso 1978-9175RESOLUTION NO.~~_ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A REVISION TO CIVIL SERVICE RULE IX, SECTION 8, LAY-OFF The City Council of the City of Chula Vista does hereby revise as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain revision to Civil Service Rule IX, Section 8, Lay-off, attached hereto as Exhibit "A" and incorporated herein by reference as if set forth in full, be, and the same is hereby adopted. Presented by _ Approved as to form by ~~ -~ / i Sig e Thorsen, Acting ~ George D. Lindberg, City Attorney Dire r of Personnel ADOPTED AZdD APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 5th day of July . 197~~ by the following vote, to-wit: AYES: Councilmen Scott, Cox, Egdahl, Hyde, Gillow NAPES: Councilmen None ABSENT: Councilmen None ^~ ~~ 1 1 -. ,f~_ ~ n Mayor of the City of hula Vista ATTEST Z hG~e t'1 City Clerk STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA) I, , City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. ';jl~~J, and that the same has not been amended or repealed. DATED City Cler RULE IX - SECTION 8. LAYOFF A. Whenever it becomes necessary to reduce the labor force in order to lessen governmental costs, reorganize City operations or reduce/eliminate City services, the appointing authority may order layoffs by classifica- tions. When a classification is designated by the appointing authority for layoff, the number of positions shall be specified as well as whether the positions to be affected will be part-time or full-time. When layoffs become necessary they shall be accomplished following the procedure in this section. This layoff procedure is based on the assumption that employment with the City is a career service within which merit is a major considera- tion in selection, retention, compensation, termination, layoff and all other personnel actions. B. Order of Layoff - Within classifications employees shall be laid off in the order specified below. Within categories 1, 2, 3, 4, 7, 8, and 9, emplo,~ees shall be laid off in order of seniority. In category 5, layoff decisions will be made by the appointing authority. Employees in category 6 will have the right to bump back to the classifications from which they were promoted. 1. Employees filling unbudgeted positions. 2. Vacation relief or other work relief positions. 3. Temporary employees. 4. Interim employees. 5. Probationary employees (original permanent appointment). 6. Employees on probation following promotion. 7. Permanent employees who are eligible fora merit increase but whose increases are being withheld for reasons of job performance. 8. Permanent employees who have, within the 26 pay periods immediately prior to the layoff,have been subject to disciplinary action as follows: a) An aggregate of 3 days or more of suspension and/or b) A demotion or reduction in base pay for cause as defined in Civil Service Rule VIII, Section 1. 9. Permanent employees. C. Seniority Defined - For each employee, seniority shall be determined based on continuous service with the City and on points awarded for: 1. Time in classification. 2. Time in lower classifications. 3. Once bumped (see E below), time in higher classifications. For each full month of service an employee has spent in his/her current classification, the employee will receive 2 points. (Example: Employee X who has been in a classification for 24 months will receive 48 seniority points). If the employee previously served in any other classifications, one point will be awarded for each full month of such service.(Example: Employee X with 127 months of previous service in a lower classification, will be credited with an additional 127 seniority points, for 175 seniority points). ~i75 RULE IX - SECTION 8. LAYOFF (Continued) If an employee is subject to layoff and chooses to bump in accordance with this section, the time spent in the higher classification will be computed at: 3 seniority points for each full month of such service: 2 seniority points for each full month (if any) of service the employee spent in the classification to which demoted; and 1 seniority point for each full month (if any) of service in lower classifications. (Example: Employee X will be credited with 3 points for each of the months in the higher class, or 72, and 2 points for each of the 127 months in the lower class, or 254 points. Total seniority points for Employee X would now be 326). In the case of ties on seniority points, employees' scores on eligibility lists will be considered when possible. Otherwise ties will be broken by random selection (lot). Continuous City service shall include time stir: in Temporary, Interim and specially funded positions such as CETA. In computing continuous City service, if the employee has separated from City service and has subsequently returned to City service, then any and all service prior to the separation shall not be counted in determining seniority points. All persons so demoted shall have their name placed on the appropriate reinstatement list as set forth in Rule IX, Section 12. D. Volunta~y Transfer in Lieu of Layoff - Notwithstanding the provisions of Iiilc IV, Scr.t on~0, a permanent employyce whose layoff is imminent shall have the ric~hL- to transfer to any vacant position in the same classification in any department. If there is no such vacancy, said employee will be subject to layoff unless he or she exercises the demotion (bumping) right in subsection E below. E. Voluntar Demotion in Lieu of Layoff -Notwithstanding the provisions of (iule IV, Section 10, permanent emp oyees subject to layoff shall have the right to demote (bump) if the demoting employee's seniority is greater than the seniority of the person to be bumped, Bumping rights apply to positions in lower classifications, part-time positions in the same class, and/or lower positions which the employee previously held, However, the person exercising this right must be capable of performing the full range of duties of the new classification. The bumping order is specified in the Bump Charts and List of Classifications Not Considered in The Bumping Process incorporated into this Rule by reference ~n subsection I. In the lower classification, the employee with the least seniority wi11 be subject to layoff unless he or she chooses to transfer or demote according to the procedures herein set forth. F. P,eernployment List - Employees laid off shall have their names entered onto a reemp'foyment list by classification, with those laid off last being placed at the top of the list. Any reemployment into the classifi- cation shall first be through use of reinstatement lists and then reemploy- ment lists, with only the candidate placing highest on a list being certified to the appointing authority. When a rehire is anticipated the top person on the appropriate list will be sent written notice by Certified ihail, Return Receipt Service. If the individual cannot be contacted at the address in the Personnel Department records, that person's name shall be removed from the list. ~7~ RULE IX - SECTION 8. LAYOFF (Continued) Persons on reinstatement and/or reemployment lists are responsible for seeing that the Personnel Department has current addresses on file. If an individual declines a reemployment offer or fails to respond within three (3) working days from the date the receipt is received by the Personnel Department, his/her name will be removed from the list. Names will remain on the reemployment list for no more than 24 months. G. Notice - The Personnel Director shall send written notice by Certified Mail to the last known address of each employee to be affected by a layo~Ff at least fourteen (14) days prior to the effective date of the action. The notice shall include the: (a) reason for layoff; (b) classes to which the employee may demote, if any; (c) formula by which the seniority score is computed; (f) person for the employee to contact in case of questions, and (g) information on the use of reemployment and reinstatement lists. H. Restoration of Qenefits U on Reem to ment Followin La off - Following rehire off of a reemployment ist, an individual will have the following benefits restored: 1. Sick leave accruals (less any such sick leave reimbursed at the time of layoff). 2. Seniority at time of layoff for purposes of determining con- tinuous City service, eligibility for merit increases and vacation accrual rates. 3. The pay rate that will be awarded to a person who is reemployed shall be within the pay range for the classification effective at the time of reemployment. The step within the range will be the same step the employee was receiving at the time of layoff. I. Lump Charts and a list entitled Classifications Not Considered in the Qum~i~ Process both dated June, 1978 are incorporated herein by this reference for use in this section. ,; ~~~ ~ c ~ X78 175