Civil Service - Rules & Regulations
RULE XV - TRANSFER, REDUCTION OF FORCE, REINSTATEMENT
B. No transfer will be allowed where the examination upon which the appointment of an employee was based was not of a character and standard to test the fitness of such employee for the position to which it is proposed to make the transfer.
C. Incumbents of ranks or grades which have been eliminated by departmental reorganization shall be reassigned without loss of level of compensation, subject only to the exceptions of overall reduction in force, removal, or reduction for cause under standard Civil Service hearing and appeal procedures.
D. An employee in an unclassified or exempt position which has been laterally transferred to the classified service who meets the minimum requirements of the classified position, and who, by records of performance in the position for a period of no less than six months, has demonstrated to the satisfaction of the Civil Service Board the ability to perform satisfactorily the duties of the position may be considered qualified by an equivalent job performance examination to continue service in that position. Such employee may transfer to the classified service without further civil service examination.
E. An employee in an unclassified or exempt position which has been laterally transferred to the classified service who meets the minimum requirements of the classified position but who has not completed probation in that position shall, before being transferred into the classified service, qualify by non-competitive civil service examination for the position. Should the unclassified employee fail to qualify on the examination, an opportunity for retesting shall be provided after a reasonable period of further training and experience in the position. Without express approval of the Civil Service Board no employee who fails to qualify for permanent civil service status under this rule shall fill a classified position beyond the probationary period.
B. Assignments of employees in the fire or police departments to perform the same duties in various districts, and to assist each other, and similar changes in other departments of the location of the employment, and not of the position held, and where there is no change of salary, are not to be construed as transfers but as details.
Section 4. Certain provisions in Section 4 are effective after June 1, 1988.
B. Except in the case of the uniformed Police and Fire Services as provided for in Section 6, the names of incumbents in the affected classification(s) will be listed in order of length of service with the City since their last appointment. Temporary and probationary employees will be listed first followed by non-probationary employees the least senior being first, the most senior being last. Where subdivision of a position classification is requested, the reduction-in-force list shall be so subdivided provided that no reorganization or transfer of work units between divisions has occurred within the six months immediately preceeding the request.
C. Employees encumbering positions in the affected classification who are paid and qualified in different classifications will be removed from the affected classification and placed in their proper classification. Temporary employees and employees serving initial probation will be laid off first. Employees serving in probationary status following promotion will be returned to their prior classification.
D. After all of the employees identified in paragraph C have been removed, the remaining employees will be laid off in reverse order of seniority except that for each affected classification or subdivision within each department, the department director may exempt one or more less senior employees based on demonstrated and documented specialized skills or documented superior performance to the next most senior employee(s). The number of allowable exemptions will be based on the size of the classification as follows:
Number of Employees in Number of Allowable Affected Classification Exemptions
2 to 5 1 6 to 15 2 16 to 25 3 26 to 40 4 41 or more 10% of the classification size rounded up to the nearest whole number
E. An employee about to be laid off, because of lack of work or funds may, if he so elects, be transferred to fill a vacancy in any other department in a class equal to or lower than his present class, provided that the transfer meets with the approval of the appointing authority in the department where the vacancy exists.
B. When more than one laid off person qualifies for reinstatement under this rule, the preference shall be given to the person laid off last.
C. When an employee has been reinstated to or employed in a position at a rate of pay lower than the rate received before layoff, the employee will continue to have right of reinstatement to any vacancy which becomes available at or up to his/her previous rate of pay during the specific two year period.
B. Whenever a vacancy occurs in any of these classes, the last one laid off in that particular class shall be the first re-employed in that class provided the vacancy occurs during a period of not to exceed five years after such person's lay off or reduction and provided further that such person is physically able and otherwise qualified to perform the duties of said position.
RULE XVI - REMOVALS, SUSPENSIONS, REDUCTION, RESIGNATION
B. Nothing herein contained shall affect the right of any employee who enters military service as provided under Rule XXIX.
B. Any employee of the police or fire department who has been demoted and is not reinstated shall be eligible to take a promotional examination for the class from which the employee was demoted after a lapse of six months, dating from the date the employee is assigned to the lower class; the employee shall be eligible to take the next examination given for that class after the six months period has elapsed.
C. Any employee of the police and fire departments who is reinstated after demotion shall not be eligible to take a promotional examination for the next higher class until six months have elapsed, dating from the date of reinstatement; the employee will be eligible to take the next examination given for that class after the six months period provided all other requirements are met.
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