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HomeMy WebLinkAboutCC RES 00-14 2 RESOLUTION NO. 00-14 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY 4 OF TUSTIN, CALIFORNIA, APPROVING AMENDMENT TO THE MOU DATED JANUARY 1, 1999 BETWEEN THE CITY AND THE TUSTIN MUNICIPAL 5 EMPLOYEES ASSOCIATION, REGARDING THE LAYOFF POLICY 6 ? WHEREAS, the City agreed in th~ last Memorandum of Understanding with 8 the Tustin Municipal Employees Association to amend the Layoff Policy previously negotiated with them in order to incorporate seniority as a primary criteria in the 9 selection of employees to be laid off, and :10 WHEREAS, negotiations with the Tustin Municipal Employees Association ] :ihave been completed and resulted in an agreement to amend the Layoff policy :19. NOW, THEREFORE, the City Council of the City of Tustin, California, does 13 hereby resolve as follows: To approve the attached amendment to the MOU dated January 1., 1999, between the City and the Tu'stin Municipal Employees Association. Passed and adopted at a regular meeting of the Tustin City Council held on the 3rd day of April, 2000. 19 y ATTEST: 22 23 Pa'mel,~ Stoker, City Clerk 28 CITY OF TUSTIN Amendment No. I to Memorandum of Understanding between the City of Tustin and the Tustin Municipal Employees Association Not withstanding the provisions of Section 10b of the City's Personnel Rules and Regulations, the parties agree as follows with respect to Reductions-in-force or Layoffs: A. Definitions:. Provisional - An appointment of a person who possesses the minimum qualifications established for a particular class and who has been appointed to a position in that class in the absence of available eligible candidates. Original probationary period - An employee's first probation' period during continuous city employment. Promotional probationary period- The probationary period served upon - promotion from one City position to another. Seniority - Length of continuous service with the City of Tustin from date of hire into a regular position.. Bo Authority. The City Manager may lay off employees at any time for lack .of work, budgetary reasons, technological changes or other City actions that necessitate a reduction in the work force. Co Reduction-in-Force. When it becomes necessary to reduce the work force, the City Manager shall designate the positiOn(s) or classification(s), and division(s), department(s), or other organizational unit(s) in which positions are to be eliminated. Contract and temporary employees in the same classification as the positions proposed for elimination within the affected organizational unit shall be laid off first. Probationary promotional employees who are laid off shall be returned to the position held upon their promotion. At least two weeks notice shall be given to any employee who is to be laid off. in the event the City decides to solicit proposals for work currently performed by employees and that decision could result in layoffs of employees the City shall give written notice to the Association and City employees in the designated organizational unit(s). Such notice shall include the same materials and be given at the same time such opportunity is provided to other bidders. D. Order of Layoff. The names of all provisional and original probationary employees occupying positions in the affected class shall be listed in alphabetical S:BMC\LaborRelations\LayoffProcedure1999-doc 1 order. The City Manager or his/her designee shall select from this list one employee, regardless of his/her place on the list, to' be laid off for each position to be abolished. 2. If the positions to be abolished exceed the number of employees available for layoff after application of 1. above, a "Subject to Layoff List" shall be prepared. The list shall be composed of all permanent and promotional probationary employees in the class from which a position is to be abolished. Names of the employees shall be listed in reverse order of their lengths of City service; i.e., those having the least seniority will be listed first. For purposes of this section, time served on a military leave of absence shall be considered City service. 3. In selecting employees to be laid off, those employees at the top of the list shall be laid off first. When employees have equal seniority, the City Manager will select the employee to be laid off in consideration of the employee's past performance and in consultation with the concerned department head. 4. Deviation from this procedure is permitted when it can be clearly demonstrated that an employee possesses special skills and knowledge necessary to the efficient operation of City services. In this event, the City Manager may retain said employee over employees having more seniority provided that none of those having more seniority possess the same special skills and knowledge. 5. The names of laid off employees shall be listed on a reemployment list in the reverse order of their dates of layoff. E. Bumping Rights. Any employee subject to layoff who has held regular status in a position in the class series from which he/She is to be laid off may request placement in a position in the layoff class or a lower class in the class series. If such request is made, an Order of Layoff list consisting of the names of employees in the requested class and the employee requesting placement will be prepared and used in effecting a layoff consistent with provisions of this section. An .employee who has been involuntarily transferred to a class from which a layoff is to be made shall have automatic "bumping rights" to his/her previous classification for up to one (1) year from 'the effective date of the transfer. F. Continuation of Benefits. Employees who are laid off shall have their medical · insurance benefits continued to the end of the second month following the date of their layoff if they are not covered by another medical plan at the time. G. Reemployment List. The name of every regular employee who is laid off shall be placed on a Reemploy.rnent List in reverse order of their dates of layoff. S:BMC\LaborRelations\LayoffProcedure1999.doc 2 Names may be removed from a Reemployment List for any of the following - reasons: (1) The expiration of eighteen (18) months from the date of placement on the list. (2) Reemployment in a permanent full-time position in a department other than that from which the employee was laid off. (3) Failure to respond within twenty one (21) calendar days of mailing of a registered letter regarding availability of employment. (4) Failure to report to work within fourteen (14) calendar days of mailing of a registered letter containing a notice of reemployment, absent mitigating circumstances. (5) Individual requests in writing that his/her name be removed from the list. H. Reemployment. (1) Vacancies to be filled within a department shall be offered first to individuals on the Reemployment List who held a position in the same classification as the vacancy to be filled. (2) A regular employee who has been laid off is reemployed in a permanent position .within eighteen (18) months from the date of his/her layoff or termination shall be entitled to: (a) Buy back and thereby restore all general leave credited to the employee's account on the date of layoff or termination at the same rate as it was paid off. This restoration must be requested in writing within 30 days of returning to work and must be fully paid back within six (6) months of the return to work. (b) Restoration of seniority accrued prior to and accrued during layoff. (c) Credit for all service prior to layoff for the purpose of determining the rate of accrual of general leave. (d) Placement in the salary range as if the employee had been on a leave of absence without pay if he/she is reinstated to the same job classification from which he/she was laid off or terminated. (3). !f the person who is reemployed' has not satisfactorily completed the required probationary period in the department of appointment he/she shall serve a probationary period. S:BMC\LaborRelations\LayoffProcedure1999.doc 3 I. Notices. All notices and requested actions referenced in this section shall be in writing and sent by Registered Mail or delivered personally to the addressee. All notices to tlie City shall be addressed to the City Manager. Employee shall be responsible for notification to the City of any address change and any such notice shall be served in accordance with this paragraph. TUSTIN MUNICIPAL EMPLOYEES CITY OF TUSTIN ASSOCIATION President, T City Manager I / TIv~A Board Member ' / Date: ~' ~ ~ ~ ~~ Board ~mbe/ _ Date: S:BMC\LaborRelations\LayoffProcedure1999.d0c 4 RESOLUTION CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF TUSTIN ) RESOLUTION NO. 00-14 Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council is five; that the above and foregoing resolution was passed and adopted at a regular meeting of the City Council held on the 3rd day of April, 2000, by the following vote: COUNCILMEMBER AYES: Worley, Thomas, Doyle, Potts, Saltarelli COUNCILMEMBER NOES: None COUNCILMEMBER ABSTA NED None COUNCILMEMBER ABSENT: None Pamela Stoker, City Clerk