ARTICLE X

SECTION C

LAYOFF

  1. Layoff of employees shall be determined by length of Civil Service with the City using the present date of hire except as otherwise provided in this Article.

  2. Except as outlined below in Section D-4, layoffs should be effected within departments and general displacement of employees across departmental lines shall not be permitted.

  3. An employee with unique skills or body of knowledge for the performance of his or her duties as determined by the department manager with the with the concurrence of the City Manager, may be retained out of his or her seniority with the City as long as such employee has a minimum of two (2) years total employment. There shall be a limit of ten (10) employees, citywide, who may be designated under this paragraph during any given layoff. Standards for defining retention of such employees shall be limited to:

    1. Special schooling provided or required by the City for an employee following his or her initial employment to fill a unique position or meet a specific program need where the schooling lasts for six (6) months or longer.

    2. Special experience provided or required by the City for a unique position or special program need where the experience requires at least one (1) year of training on the job.

    3. Possession of a unique craft, artistic endeavor or professional level skill not available in other City employees.

  4. An employee who has been previously appointed to provisional status in a higher classification at time of layoff considerations shall revert back to his or her permanent classification for purposes of determining his or her layoff.

  5. An employee in a probationary status as a result of a promotion within the Civil Service System cannot displace a permanent employee in the same classification at time of layoff.

  6. An employee may voluntarily request layoff in lieu of reassignment should his or her seniority be sufficient to be retained on the payroll.

  7. An employee on layoff shall be recalled to his or her previous classification based on the minimum qualification requirements which existed at the time of his or her layoff.

  8. An exempt employee shall have no rights relative to layoff or reassignment except the employee who at some time, during the same period of employment, served in a position under the Civil Service System and shall have the right to return to the System under the provisions of B.M.C. 2-70, provided time spent in the exempt position shall not be accrued toward Civil Service seniority.

  9. Part-time employees shall be considered to layoff only with other part-time employees and may not be retained by displacing full-time employees.