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Home My WebLink AboutCC 12 LAYOFF POLICY 06-21-93CONSENT CALENDAR NO. 12 6-21-93 DATE: JUNE 16, 1993 Inter-Com TO: FROM: SUBJECT: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL WILLIAM A. HUSTON, CITY MANAGER LAYOFF POLICY RECOMMENDATION: That the City Council adopt Resolution No. 93-65. BACKGROUND: At its May 3, 1993 meeting, the City Council approved an agreement with the Tustin Municipal Employees Association (TMEA) regarding a layoff procedure. Resolution No. 93-65 implements the agreement by revising the City's Personnel Rules and Regulations to include the procedure agreed upon by the City and TMEA. layoff .pot 1 2 3 4 5 6 7 8 9 10 11 13 14 15 16 17 18 2O 21 22 23 2~ 25 2~ 27 28 RESOLUTION NO. 93-65 A'RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, REVISING THE PERSONNEL RULES AND REGULATIONS OF THE CITY OF TUSTIN. WHEREAS, the Personnel Rules and Regulations of the City of Tustin were adopted by Resolution of the City Council on September 19, 1988; and; WHEREAS, it is necessary to revise and update the Personnel Rules and Regulations when appropriate and; WHEREAS, agreement on an amendment to the Personnel Rules and Regulations has been reached with the Tustin Municipal Employees Association (TMEA) and; WHEREAS, the City Council approved the agreement with T~EA on May 3, 1993, a copy of which is attached (Exhibit A). NOW, THEREFORE, the City Council of the City of Tustin, California, does hereby resolve that the Personnel Rules and Regulations of the City of Tustin, dated September 19, 1988, are hereby revised pursuant to the agreement with TMEA by replacing Section B,'layoffs with Section 10B, Reduction-in- Force/Layoffs. PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 21st day of June , 1993. Jim Potts, Mayor ATTEST: Mary E. Wynn, City Clerk EXHIBIT A REDUCTION-iN-FORCE/LAYOFFS SECTION 10. REDUCTION IN FORCF Co 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. Reduction-in-Force. When it becomes necessary to reduce the work force the City Manager shall designate the position(s) or classification, division, department, or other organizational unit 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. Order of Layoff. The order of layoff of regular employees shall be made in accordance with a system which favors retention' of the more meritorious employees, based upon evaluation of the following factors in the lis!ed order of importance: (1) The employee's performance record with primary weight given to the employee's most recent performance evaluation, except when an employee has less than one year seniority with the City; in which case only seniority will be used. (2) Seniority; (a) in the City service, (b) in the classification, (c) in the department. Seniority is service time beginning with the employee's date of appointment to a permanent position. Seniority shall continue to accrue during periods of vacation, sick leave, layoff not exceeding eighteen (18) months, any authorized leave of absence of !ess than thirty (30) days, or any call to military service for thc duration of the call to duty. Seniority shall not accrue during any other break in service. Reassil~nmentFFransfer. An employee who would otherwise be laid off for failure to accept a reassignment or transfer may terminate and be placed on the Reemployment List. An employee who chooses to terminate and havc his/her name placed on thc Reemployment List shall notify the department in writing of his/her decision at least three (3) working days prior to the effective date of the proposed reassignment or transfer. Such termiriation shall be on the same date as the reassignmenl or transfer would have been effective. Bumpin~ Riehts. Any employee subject to layoff who has held regular status in a lower classification within the same job family of his/her class may request placement in thc lower class. 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 usdd in effecting a layoff consistent with provisions of this section. Fo An employee who has been involuntarily transferred to a class from which a layoff is to be made shall have automatic "bumping rich's" to his/her previous classification for up to one (1) year ~om the effective date of the transfer. Continuation of Benefits. Employees who are laid off shall have their medical insurance benefits continued to the end of tl~e second month following the date of their layoff if they are not covered by another medical plan at the time. Reemployment List. The name of ever~' regular employee who is laid off, transfers, or elects to demote to a formerly held classification in the same department for longer than one pay period due to a Reduction-in-Force, shall be placed on a Reemployment List. 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) Re-employment in a permanent full-time position in a department other than that from which the employee was laid off. (3) Failure to respond within 14 calendar days of mailing of a registered letter regarding availability'of employment. (4) Failure to report to work within 14 calendar days of mailing of a registered letter containing a notice of reemployment, absent mitigating circumstances. (5) Individual requests in w~iting that his/her name be removed from the list. Reemployment (1) Unless exceptional circumstances occur, of which the concerned individual shall be · fully apprised in advance, vacancies to be filled within a department shall be offered, first in order of performance to individuals on the Reemployment List who at the time of the Reduction-in-Force. held a position in the same classification within the department as the vacancy to be filled. (2) A regular employee who has been laid off or terminates in lieu of reassignment or transfer and is reemployed in a permanent position within eighteen (18) months from the date of his/her layoff or termination shall bt: entitled to: (a) Buy back and thereby restore all general leave credited to the employee's account on the date (~f layoff or termination at the same rate as it was paid off. This restoration musi 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 in the same department from which he/she was laid off or terminated. (3) If 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. 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. LAYOFF. P4B