ARTICLE X

SECTION D

DISPLACEMENT

  1. Except as stated in items 2 and 5 of this section below, an employee whose position has been eliminated shall be permitted, in total seniority order within the respective job classification, to transfer to a lateral or lower classification within the employee's department. This transfer shall occur only when a position in such classification is either vacant or occupied by another employee with less total seniority as calculated from their present date of hire. On taking a lower classification, the employee shall be paid at the highest rate of the lower classification which is not greater than the rate earned prior to the displacement.

  2. In such instances as outlined in Subsection 1 immediately above, employees must meet the minimum qualifications of the newly assigned position.

  3. Additionally, an employee must be medically fit to perform the duties of the newly assigned position. However, where an employee can reasonably fill a position in spite of age or a previously acknowledged preexisting medical condition, this subsection (3) shall be waived.

  4. An employee displaced from a job because the position has been deleted or replaced by a higher classified employee with more seniority, shall be eligible to transfer to the same or lower title in another department, where the employee last served prior to his or her current assignment, if:

    1. He or she served in that title and in that department where a vacancy or employee with lesser seniority exists, and

    2. The department manager of the department to which the transfer is to be made approves such transfer if said department is any of the following: City Council, City Manager, City Attorney, and Management Services Department.

  5. An employee who is reduced in classification shall be returned to his or her previous higher classification and department when a vacancy occurs within a three-year period of the reduction. Such return will not require qualifying through testing or placement on an employment list. Where the return involves returning to probationary status within six (6) months following demotion, the time spent in probationary status before the demotion occurred shall be applied toward permanent status.

  6. An employee in a provisional status in higher classification shall be returned to his or her permanent classification prior to layoff in order to determine his or her availability for displacement or reassignment.

  7. Where three (3) or more employees exist in a classification within a department, the department shall not be required to lose more than fifty (50) percent of its employees in any given classification through displacement by higher classified, longer seniority employees.

  8. An employee with greater seniority than other employees in the same classification and department may request voluntary transfer or demotion to another position under the provisions of Article X, Section B.

  9. A part-time employee may displace another part-time employee only under the provisions which apply to full-time employees.

  10. A full-time employee may displace a part-time employee with lesser seniority only if the latter is in a position budgeted for thirty (30) hours per week or more.

  11. An employee designated by the City as a manager may or may not be reduced to a lower classification which would result in the employee having to work for another employee whom he or she formerly supervised when in a management position.

  12. As used in this Article, "higher classification" or similar phrases are synonymous and interchangeable.