3.06.040 Reductions in force (layoffs).
A. Whenever it is necessary, due to the lack of funds or the Board otherwise determines that a reduction or elimination of services performed by any or all departments is needed, employees within the department, including those on an approved leave of absence, may be laid off, transferred, or demoted as set forth in this section. A reduction in force affecting employees who fall under the state personnel rules shall be implemented in accordance with those rules to the extent that such rules are inconsistent with this title.
B. If the county elects to implement a reduction in force, the order of separation shall be by employee status categories and shall be as follows:
1. Extra help;
2. Temporary;
3. Probationary;
4. Permanent part time;
5. Permanent full time.
C. Employees occupying positions designated for abolishment shall have the right to exercise their available options to transfer, demote, or be laid off based on seniority, as provided in this section, with the most senior employees having greater potential right of continued employment than those of lesser seniority within classification within their department.
D. Seniority right shall be based on all continuous county employment in a permanent position within the affected class without a break due to separation, subject to the provisions contained in this section; rights to transfer and/or demote shall be within the employees’ department only, except as set forth in subsection (G)(2) of this section.
E. The appointing authority shall establish a seniority list by classification for each department. Each employee appointed to a permanent position shall receive a seniority credit for each calendar day of permanent employment, with the following exceptions:
1. Seniority credit shall not be granted for those periods when an employee (a) on leave of absence without pay in excess of 30 calendar days, (b) during any layoff, or (c) other periods of uncompensated leave or absence.
2. Seniority credit shall not be granted for those periods when an employee is on extra help status or is otherwise not occupying a permanent position.
3. Employees separated due to a reduction in force (laid off) who are reinstated within one year after layoff, or within the time extended by the Board of Supervisors, shall be granted credit for those compensated periods prior to the layoff.
4. The seniority of employees who have worked in a less than full-time permanent position shall be determined by converting the total hours worked to yearly equivalents.
F. When two or more employees have the same seniority, the tie shall be broken and preference given in the following sequence:
When it becomes necessary to reduce the force in any department or office by layoff of permanent employees, seniority within the same job classification shall be the determining factor. In the case where seniority is equal, ability shall govern. The determination of ability shall be the exclusive responsibility of the department head; provided, that in making such determination, consideration shall be given to skill, efficiency, knowledge, physical fitness, training and attitude toward fellow employees.
G. Employees subject to layoff may be eligible to be demoted or may request transfer subject to the following provisions:
1. An employee who has prior permanent service in a lower level class in the same department may demote to that lower level class.
a. Any employee demoted pursuant to the provisions of this subsection shall be deemed the most senior employee in such lower class.
b. In the event two or more employees are demoted pursuant to the provisions of this subsection, the employee with the most seniority at the higher class shall be deemed the most senior employee in the lower class. The employee with the least seniority occupying a position in the lower class may in turn be laid off, demoted, or transferred in the same manner to the end that the last person employed in the lowest class shall be the person laid off.
2. An employee subject to layoff may submit a written request to be considered for transfer to any vacant position in a class for which the employee meets the minimum qualifications as provided in the class specification, and as determined by the appointing authority over the transfer to position, provided such class has an equivalent or lower salary range.
a. The employee may be transferred to the vacant position with the approval of the appointing authority wherein such position exists and subject to serving the probationary period for the new class.
b. Seniority in the new class shall be determined based upon the effective date of the transfer.
c. For the purposes of this section, “equivalent salary range” shall mean a range with a maximum salary which is not more than two percent higher than the salary range for the class from which the transfer is sought.
H. To be considered for transfer or demotion in lieu of layoff, an employee must notify the appointing authority in writing within seven calendar days from the date on the layoff notice.
I. Seniority rights are deemed waived if an employee is unwilling to relocate to the geographical area assigned a position.
J. Those departments covered by merit system personnel standards of the California State Personnel Board shall be obligated to adhere to the reduction in force policies and procedures established by the State Personnel Board.
K. Employees who are re-employed in permanent positions within 24 months of the layoff date, or within the time as extended by the Board of Supervisors, shall be credited with all seniority time less the actual period of layoff. Re-employed employees shall be credited with all accrued sick leave at the time of layoff and shall earn vacation benefits at the rate established prior to layoff including adjustments in the rate made after layoff. No employee shall earn or be credited with vacation or sick leave for the layoff period. Employees returning to their former positions shall not be required to serve new probationary periods.
L. Unless otherwise expressly provided for in a resolution adopted by the Board of Supervisors in conjunction with the adoption of the county budget for any fiscal year, in the event that a full-time employee (full-time equivalent – “FTE”) position is reduced, other than on a temporary basis (such as would be the case with a temporary reduction as a furlough), to some amount less than a full-time position or a permanent part-time position, suffers a reduction in the hours per week to be worked, the employee’s benefits shall be reduced on a proportionate “pro-rata” basis as follows:
1. Health Benefits. Employees working less than full-time will have the portion of the county contribution for health insurance reduced in proportion to the percentage of full-time employee (FTE) worked by the respective employee.
2. Life insurance will be provided (not prorated) if the employee’s position equates to 0.75 FTE or greater. If the employee’s position does not equate to 0.75 FTE or greater, life insurance will not be provided.
3. Vacation days shall be accrued and prorated based upon the number of hours the employee works and the length of the employee’s employment.
4. Sick leave shall be accrued and prorated based upon the rate of 0.0462 hours times the number of compensated hours the employee works.
5. PERS. The employee’s share shall be paid based on the gross salary of the employee times the rate per party as reflected in the terms of any MOU with the union to which the employee is a member, or pursuant to the terms of the employees’ current benefit package if the employee be unrepresented.
6. Holidays shall be prorated.