Rules & Regulations
RULE XV - TRANSFER, REDUCTION OF FORCE, REINSTATEMENT
Section l.
A. The transfer of an employee from one position to another in the same class and of the same title but in another department may be made with the approval of the Civil Service Board upon receipt by them of a written request signed by the City Manager.
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.
Section 2.
A. Where an employee becomes physically incapacitated for the performance of his duties, the director of the department, with the approval of the City Manager, may transfer him to a position in a lower grade which he has the ability to fill. A written report to the Civil Service Board of such transfer shall be made immediately.
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 3.
A transfer is not permissible when it is requested in order to avoid a reduction of force, when there are persons of greater seniority about to be laid off.
Section 4. Certain provisions in Section 4 are effective after June 1, 1988.
A. Whenever it becomes necessary to reduce the work force because of lack of work or lack of funds, the Director of the affected department will request the Secretary prepare reduction-in-force register(s) and identify the classification(s) from which reductions will occur. In departments which have major divisions which perform substantively different activities, the Director will identify which division(s) are to be affected.
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.
Section 5.
A. If an employee in the Classified Service, except in the police and fire departments, should be laid off through lack of work or lack of funds, and if within a period of two years thereafter a vacancy should occur in the same department and in the same or in a lower class, the said employee shall be reinstated in the vacant position provided that he is willing to accept the proffered employment, and provided further that the Civil Service Board finds him to be physically and morally qualified. If the vacancy is in the same class he shall be reinstated without examination but if in any other class he shall be required to pass the regular Civil Service examination for that class before reinstatement.
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.
Section 6.
A. Whenever it becomes necessary to reduce the force in the Police and Fire Departments in the uniformed class of Police Officer, Fire and Rescue Officer, or Fire Prevention Officer, the order of lay off shall be determined on the basis of seniority as provided in Section 4. Whenever it becomes necessary to reduce the number of positions in any class higher than that of Officer, the least senior in terms of length of service in the rank shall be reduced to the next lower class and the least senior in the said lower class shall be reduced, and so on down. Non-uniformed, non-sworn employees of the Police and Fire Departments will be reduced according to the provision in Section 4.
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
Section 1.
The City Manager shall have the power to remove and discharge at will any subordinate employee, but such removal or discharge shall be reported in writing, together with the cause thereof, to the Civil Service Board and the City Auditor. Such report shall be made when the reason is lack of work as well as in other cases.
Section 2.
Any classified or unclassified officer or employee may be removed, laid off or reduced in grade by the City Manager, or the head of the department in which he is employed after the six months' probationary period has expired; but, if requested by such office or employee, it shall be the duty of the officer taking the action to furnish him with a written statement of the reasons therefore and the said discharged or reduced officer or employee shall have the right to demand a public hearing upon said charges within a reasonable time thereafter before the Trial Board as hereinafter defined. This right of appeal shall not apply to department directors, assistant department directors, and other managerial personnel designated by the City Council. (City Charter, Chapter XVI, Section 11)
Section 3.
Reserved for future use.
Section 4.
For any suspension or reduction of an employee in the Classified Service by the City Manager, immediate notice together with reason for such action shall be sent to the Civil Service Board.
Section 5.
A. Any person who voluntarily resigns from a position in the Classified Service shall forfeit any right which he might have had under Civil Service and can be re-employed in the Classified Service only in the manner prescribed by the rule governing original appointment, except that employees who resign and whose employment records are satisfactory, who apply for reemployment within a period of one year from resignation, will not be required to take the written examination again but their names will be placed at the bottom of the open eligible register for the classification from which they resigned, provided however, this section shall not apply to any police officer, fire officer, or police and fire alarm operator who voluntarily resigns from any position in the Classified Service whose eligibility for reinstatement into active service shall be determined solely by Rule XXV, Section 2.
B. Nothing herein contained shall affect the right of any employee who enters military service as provided under Rule XXIX.
Section 6.
A. Any person who has held a permanent position under Civil Service rules and who has been demoted or reduced in grade from said position may, at any time, be reinstated to the former position held upon the request of the department head and approval of the City Manager, subject to the consent of the Civil Service Board.
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.
Rules & Regulations