HomeMy WebLinkAboutORD NO 4124ORDINANCE NO. 4 I ~
AN ORDINANCE AMENDING SECTION
2.72.230 OF THE BAKERSFIELD
MUNICIPAL CODE RELATING TO
REDUCTION IN FORCE.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Section 2.72.230 of the Bakersfield Municipal Code is hereby amended to
read as follows:
2.72.230 Reduction in force.
Purpose. For reasons of economy or due to a lack of work or funds, the
Department Head, at the direction of the City Manager, or his designee, may
reorganize or eliminate any department or division, or may abolish any position
and/or reduce the number of, or the hours worked by, City employees. When
any such action causes a displacement of employees, the selection of those to
be displaced shall be made under the following:
To decrease the work force in any department, the Department Head, at
the direction of the City Manager, or his designee, may specify the number
and/or class of employees to be displaced, together with the department
and division in which the displacement is to be made.
The Department Head shall then notify the Personnel Division, in writing,
of the classes and numbers of employees to be displaced.
Upon receipt of such notice, the Personnel Division shall give the
department head a certified seniority list of department employees for the
classes affected within that department.
The Department Head shall then determine, under these Rules, the
particular employees to be displaced, and advise the City Manager of
his/her decision.
Definitions.
Class: A group of positions which are sufficiently alike in general duties
and responsibilities to warrant the use of the same title, class (job)
specification, and salary range, and the application of common standards
of selection, transfer and promotion.
Department Displacement Re-employment List: A list containing names of
qualified full-time employees by total city seniority displaced from a
position within a department. Placement on such list grants specific rights
to displaced employees for return to a similar position within the class and
department, should vacancies occur after such displacement within the
specified pedod of time.
Displace: An action caused by a reduction of authorized, budgeted
positions within a department wherein an employee is demoted or laid-
off from the work force. The term "displacement" shall include removal
from City employment, reassignment to a former or other class pursuant to
these rules, and reduction from full-time to part-time status.
City Displacement Re-employment List: Qualified full-time employees
who are displaced may have their names placed on this list, in order of
total city seniority, for the classes in which they previously held full-time
status. This list will be used to fill vacant positions after exhausting the
Department Displacement Re-employment List and prior to the use of
other employment lists.
Non-Qualified Full-Time Employee: An employee with civil service status
whose overall performance evaluation rating is below a Satisfactory rating
for the last two annual rating periods.
Recalled Employee:An employee who returns to city service from a re-
employment list.
Qualified Full-Time Employee: An employee with civil service status
whose last two annual performance evaluation was Satisfactory or higher.
A qualified full-time employee who has been promoted or transferred and
whose status is probationary or out-of-class shall, for the purpose of these
displacement rules, be defined as a full-time employee of the department
in which the currently-held position is allocated.
Seniority: The length of total continuous, unbroken time worked for the
City in a regular budgeted full-time position, regardless of a particular
class or department. Continuous, unbroken time worked includes time
during which the employee was absent with pay or was on approved long-
term military leave. Approved leaves of absence without pay maintain the
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continuity of employment, but the duration of the leave is deducted from
the total continuous time period. An employee who was in a full-time
position and was displaced to a part-time position shall have the prior full-
time service counted, as long as the employee is currently in a full-time
position and there was not a break in continuous service.
Order of displacements. Displacements in each class shall be made in the
following order: first, temporary or part-time employees; second, probationary
employees; third, full-time non-qualified employees; and fourth, qualified full-time
employees.
1. Seasonal employees may be hired to handle specific job functions that
occur on a seasonal basis. Said positions do not have to be taken into
consideration when determining displacement order. Seasonal
employees shall not replace full-time positions; however, displaced
employees shall be offered first opportunity for seasonal employment.
2. When one or more probationary or full-time employees must be displaced
within a department, those who are displaced shall be the employees with
the least City seniority in the class affected.
Where the displacement is limited to temporary or part-time employees,
the Department Head, at the direction of the City Manager or his designee
may determine which of the employees within the particular class shall be
displaced.
In the event two or more full-time employees have the same seniority, the
person to be displaced shall be determined by lot.
5. Qualified full-time employees so affected by the displacement procedures
shall be re-hired in inverse order of total City seniority (last out,
first in).
Seniority in displacements.
1. Seniority in displacements shall be calculated as set forth in section B.8.
A qualified full-time employee who receives a notice of displacement may
displace a less senior employee in a lower class within the department,
provided that the employee held the position within the lower class in the
department, or the lower class is in the employee's immediate job family
as determined by the Human Resources Manager. Where the lower class
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requires supervisory experience, the more senior employee must have
supervisory experience prior to displacement to the lower level, or must
have held such position in order to displace the less senior supervisory
employee.
The salary range of an employee displaced to a lower level shall be the
salary range of that lower level.
The employee will be placed at the step level of the lower class that is
closest to their current salary without providing a raise.
An employee displaced to a lower class shall not be required to serve a
probationary period.
Notice of displacement. Notice of any displacement, under these Rules, shall
be made by giving a letter to the employees to be displaced a minimum of three
days prior to the effective date of the displacement. The letter shall inform the
employees of the appointing authority's decision to reduce the work force. If any
employee affected by the displacement cannot be located within twenty-four (24)
hours after the effective date of displacement, the letter containing the
displacement notice shall be mailed via certified mail, return receipt requested, to
that employee's last known address as shown on the employee's records on file
in the Personnel office. Municipal Code section 2.84.310 shall apply as to
severance pay.
Placement of names on re-employment lists. On the date displacements
become effective, the City Manager shall order the names of displaced full-time
and/or initial probationary employees to be placed on the re-employment lists
established for all classes from which they were displaced.
Reversion to former status. When a reduction in the work force results in the
displacement of an employee who had acquired full-time status in a former class,
the employee shall, dependent upon his/her seniority, be reinstated to that former
class. If the employee's seniority is not sufficient to displace any employee in
his/her former class, he/she shall be placed on the re-employment list for that
class in addition to his/her current class. However, the employee must have
continuous service with the City and may not have been removed from his/her
former class for cause.
Use of re-employment lists. If, after a displacement occurs within a
department, a position subsequently becomes available, the following method of
filling the vacant position shall be used:
The department head shall notify the Manager of Human Resources of the
vacant position to be filled. The Manager of Human Resources shall
certify the most senior individual eligible for re-employment to the position
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from the Department Displacement Re-employment List and notify the
eligible individual to contact the Department Head to arrange the date for
filling the position.
If the Department Displacement Re-employment List is exhausted, the
Manager of Human Resources shall certify the three most senior eligible
individuals from the City Displacement Re-employment List and shall
notify those individuals to contact the department head for a job interview.
Rights of employees recalled from displacements. An employee recalled
from a City or Department Displacement Re-employment List shall return to the
same salary step held prior to displacement. The employee shall assume the
same vacation accrual rate, vacation accrual date and increment seniority date
(minus displacement period) as previously enjoyed in the class. All sick leave
credits of record at the time of displacement shall be re-credited to the employee
upon return to a full-time position within the class formerly held.
Recalled full-time status employees from the Department Displacement
Re-employment List shall not be required to serve a probationary period
unless the employee was displaced during a probationary period,
whereupon the remaining probationary time shall be served when
recalled.
Employees recalled from the City Displacement Re-employment List shall
be required to serve a probationary period.
If an employee fails probation as in number 2 above, he/she shall be
removed from the City's Displacement List but shall be retained on the
Department's Displacement Re-employment List.
Priority and duration of re-employment lists.
Notwithstanding any provision to the contrary, the Department Displacement Re-
employment List and the City Displacement Re-employment List shall have
precedence over all other employment lists.
Displaced employees, in continuous service within the City, shall have the
right to return to their former positions. However, they shall be required to
maintain all job-required training, certification and licenses.
The duration of affected employees' rights to return to work through the
Department Displacement Re-employment List and the City Displacement
Re-employment List shall be three (3) years from the date of placement on
such lists.
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If an employee desires re-instatement, he/she shall be required annually
to notify, in writing, the Manager of Human Resources of his/her intention.
Prior to re-employment, said employee shall be required to demonstrate
that he/she has maintained the required level of expertise or skills by
passing any required entrance examinations, including, but not limited to,
written, medical, agility or psychological testing as required by the
Department Head.
Also, it shall be incumbent upon all displaced employees to maintain all
job-required training certification and licenses.
Individual names shall be removed from the Department Displacement
Re-employment List and the City Displacement Re-employment List for
any of the following reasons;
Failure to accept employment or report to work, within fourteen (14)
working days after receipt of notice certifying eligibility for re-
employment, in a similar position in the same class within the
department from which the employee was displaced;
Failure to notify the Manager of Human Resources of any change
in their address or telephone number within seven working days of
change;
After three years of displacement, failure to provide the Manager of
Human Resources with annual notification of intent to stay on said
list;
d. Failure to appear for a job interview after notification;
Failure to respond, for any reason, within seven (7) working days
after posting by certified mail, return receipt requested, of a notice
to the employee certifying eligibility for re-employment;
f. Request in writing by the employee to be removed from the lists;
Failure to accept employment or report to work for a position within
a class listed by the employee on the City Displacement Re-
employment form shall remove the employee's name from the City
displacement re-employment lists.
Appeal procedure. Any displaced probationary or full-time employee may object
to his/her displacement on grounds that the seniority calculation was incorrect or
that the displacement action was the result of an improper or illegal employment
practice. The employee may do so by filing an appeal within three (3) days after
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being either personally served with a notice of displacement by the department
head, or after receiving a certified or first-class letter informing him/her of the
pending displacement.
The City Manager or his designee shall determine the method of review
and may conduct his own investigation, call witnesses, review documents,
and/or proceed in the same manner it would for a hearing under these
Rules. After either a review or hearing, the City Manager or his designee
shall make a final determination.
If the employee who is displaced fails to make a timely appeal to his/her
displacement, the displacement shall be effective as of the date specified
in the notice of displacement. However, the City Manager may correct an
error in seniority calculations at any time and may make appropriate
adjustments in an order of displacement or a priodty list ranking due to the
correction.
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I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the
Council of the City of Bakersfield at a regular meeting thereof held on
MAY ! ~. Z003 , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCIL MEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO
COUNCIL MEMBER ~
COUNCIL MEMBER
COUNCIL MEMBER ~
APPROVED
MAY 1 4 2003
CITY CLERK and Ex Officio C~rk Of the
Council of the City of Bakersfield
Mayor
APPROVED AS TO FORM:
BART J. THILTGEN
City Attorney
BART J THILTGEN
Deputy City Attorney
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SS.
County of Kern )
PAMELA A. McCARTHY, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 15th day of May , 2003 she posted on the Bulletin Board at City Hall,
a full, true and correct copy of the following: Ordinance No. 4124 , passed by the
day of May 2003 and
Bakersfield City Council at a meeting held on the 14th
entitled:
AN ORDINANCE AMENDING SECTION 2.72.230 OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO
REDUSCTION IN FORCE,
/si PAMELA A. McCARTHY
City Clerk of the City of Bakersfield