A. 
Layoffs shall be made solely under the direction of the board of supervisors. The county executive officer, following board approval, may direct the department's appointing authority to lay off employees for any of the following reasons:
1. 
Necessity based on lack of funds or work; or
2. 
Advisable in the interest of economy to reduce the departmental staff; or
3. 
Administration of a violation of Section 3.04.080 relating to nepotism.
B. 
Notwithstanding the provisions of subsection A of this section, the department's appointing authority may lay off an employee, without the direction of the board of supervisors, for the following reasons:
1. 
Return of another employee with greater seniority from leave of absence;
2. 
Return of another employee with greater seniority as a result of release from probation.
C. 
Permanent employees laid off and probationary employees noticed of release from county service pursuant to these provisions shall be placed on a re-employment list for the class or classes from which they were laid off or released ranked by total county service in order from longest to shortest.
(Prior code § 14.2100; Ord. 5478-B (Attach. A), 2007; Ord. 5549-B § 5, 2009)
A. 
Deputy Sheriffs Unit and PCLEMA Represented Employees. Ten days before the effective date of a layoff, the appointing authority or county executive shall file notice with the director of human resources of the intended action with reason therefor. A copy of such notice shall be personally served the employee affected.
B. 
PPEO, PPOA, DDAA, Confidential and Classified Management Employees. At least 14 calendar days, excluding holidays, before the effective date of a layoff, the appointing authority shall cause each employee affected to be personally served a notice of layoff. The notice shall include a copy of the layoff provisions. A copy of such notice shall be sent to the director of human resources.
(Prior code § 14.2105; Ord. 5478-B (Attach. A), 2007; Ord. 5549-B § 6, 2009; Ord. 5991-B § 1, 2019; Ord. 6213-B § 1, 2023; Ord. 6246-B, 1/23/2024; Ord. 6303-B, 3/18/2025)
Bumping rights.
The right for a permanent employee to revert to a position in which they previously attained permanent status if the employee has been notified that they are subject to layoff, formally elects to move to the previously held position or to the classification performing the same or similar duties in the case of subsequent reclassification, retitling or merge of classifications, and has sufficient seniority or total county service in order to "bump" another employee from the position.
Class.
The categorization of work duties and responsibilities sufficiently similar so that the same minimum qualifications, education, experience, knowledge, skills and abilities (KSAs) may be required of incumbents and so that the same schedule of compensation is applied with equity.
Class series.
A set of two or more classes that are closely related in terms of work performed and distinguished primarily by the level of responsibility and scope of duties assumed. Common titling designations are generally used to clearly define the applicable class level, such as building crafts mechanic, building crafts mechanic senior, building crafts mechanic supervising, and building crafts mechanic senior supervising.
Demotion.
A change between classifications where the difference between the maximum salaries of one classification to the other is a decrease of five percent or more.
FTE.
Full-time equivalent; a 40 hour per week position = 1.0 FTE.
Full-time position.
A position established on a year-round basis required to work a regular work schedule of 40 hours per week.
Layoff.
The involuntary termination pursuant to Section 3.08.1090 of a permanent employee from a classification without fault on the part of the employee.
Part-time position.
A position established on a year-round basis to work a regular work schedule of less than 40 hours per week.
Permanent status.
Acquired by an employee who has been retained in their position after the completion of an initial or reinstatement county probationary period.
Probationary status.
Acquired by an employee who has been certified and appointed, but who has not completed an initial or reinstatement county probationary period.
Seniority.
Total county-paid hours in a specific classification and specific department excluding overtime and any extra help or temporary assignments.
1. 
An employee, who works in a temporary assignment, receiving work-out-of-classification compensation, will continue to accrue seniority in their regular position/classification.
2. 
Any hours spent on a board of supervisors approved work furlough program will be included in the employee's seniority and total county service hours.
3. 
An employee, who is transferred to another department as a result of the transfer of a business unit or function, shall have all county-paid hours in the prior department moved forward into the new department if they remain in the same classification.
4. 
An employee whose position is reclassified shall have all hours moved forward to the newly reclassified position. This provision does not apply to any employee who receives a promotion as defined in Section 3.08.1070 as follows:
Promotion. Advancement to a position of higher rank or grade where the salary grade difference between the current classification and the new classification involves an increase in pay of at least five percent or more. A change in salary grade resulting from a reclassification of an occupational group without regard to departmental lines and involving no substantial change in duties and qualifications is not considered a promotion.
Total county service.
Total county-paid hours in any department from the date of hire to present, excluding overtime and extra help or temporary assignments.
1. 
An employee who works in a temporary assignment receiving work-out-of-classification compensation will continue to accrue total county service.
2. 
Employees who reinstate within a two-year period shall maintain their original date of hire. However they will not have any county-paid hours added to their seniority or county service during the period of separation.
3. 
Any hours spent on a board of supervisors approved work furlough program will be included in the employee's seniority and total county service hours.
4. 
An employee who is transferred to another department as a result of the transfer of a business unit or function shall have all county-paid hours in the prior department moved forward into the new department if they remain in the same classification.
5. 
An employee whose position is reclassified shall have all hours moved forward to the newly reclassified position. This provision does not apply to any employee who receives a promotion as defined in Section 3.08.1070 as follows:
Promotion. Advancement to a position of higher rank or grade where the salary grade difference between the current classification and the new classification involves an increase in pay of at least five percent or more. A change in salary grade resulting from a reclassification of an occupational group without regard to departmental lines and involving no substantial change in duties and qualifications is not considered a promotion.
(Ord. 5549-B § 7, 2009; Ord. 6068-B § 1, 2021)
A. 
In the event a layoff is necessary, the appointing authority, with the approval of the county executive, shall determine which class or classes will be affected. Flexibly staffed positions in classifications which include entry/journey, assistant/associate or I/II in the job title will be treated as one class for purposes of this provision. Prior to layoff of permanent employees, notice of release of employment shall first be given to employees in the following order by class or classes: extra help, provisional and probationary employees in the targeted department. The following sequence will be used to determine the order in which permanent employees in the department target class or classes will be laid off:
1. 
Permanent employees whose last recorded overall performance rating was "unacceptable/needs improvement" in the performance evaluation done 90 days or more prior to the notice of layoff.
2. 
Permanent employees shall be laid off, by class, in the inverse order of seniority within a classification within a department. Permanent part-time employees' seniority will be prorated based on hours worked as per the definitions contained in Section 3.08.1105.
a. 
PPEO, PPOA, DDAA, Classified Management and Confidential Employees. Employees who voluntarily demote to a lower classification (not as part of a layoff and the layoff process) shall have their hours of service in the higher classification transferred to the lower classification for the purpose of calculating seniority for layoff purposes only.
3. 
The least senior employee may choose to "bump" (as per Section 3.08.1120) to any class with the same or lower maximum salary in which the employee had previously served in a permanent status in the same department or in another county department of county service.
4. 
Ties. In the event of a tie in seniority (above), the tie will be broken by ranking: (a) in inverse order of seniority within the department; then (b) in inverse order of seniority within the total county service. In the event the above methods do not break the tie, then the final decision will be made by lot.
(Prior code § 14.2110; Ord. 5478-B (Attach. A), 2007; Ord. 5549-B § 8, 2009; Ord. 5740-B § 14, 2014; Ord. 6159-B § 1, 2022; Ord. 6246-B, 1/23/2024; Ord. 6303-B, 3/18/2025)
A. 
Deputy Sheriffs Unit. An employee so transferring or demoting may not displace any employee whose total county service exceeds that of the employee so transferring or demoting.
B. 
PPEO, PPOA, DDAA, Confidential and Classified Management Employees. In lieu of being laid off, an employee may request to transfer or demote to any vacant class that is approved to be filled with the same or lower maximum salary for which the employee meets minimum qualifications as provided in Sections 3.08.370 and 3.08.380 subject to the approval of the director of human resources. An employee who voluntarily exercises the option contained in this section to demote to another position shall be eligible to be placed on a re-employment eligible list.
1. 
To determine which employee(s) will be displaced by an employee who chooses to bump, the employee's total county service will be compared to the time in class of each person in that class; however, an employee may not be displaced by an employee with less total county service, if such displacement results in separation from county service of the senior employee.
2. 
To submit an election to bump, an employee must notify his or her appointing authority in writing of such election not later than five working days after receiving the notice of layoff. Any employee displaced by bumping shall have the same rights afforded by this section. The salary of the employee who elected to bump shall be determined in accordance with Section 3.04.700 of these rules.
3. 
An employee who exercises the right to bump shall be placed on the re-employment list for the classification of the position(s) from which they were laid off.
4. 
An employee who previously exercised the option to elect bumping rights, shall, at the employee's discretion, have the right thereafter to set aside such exercise of the bumping option within 30 calendar days and accept layoff.
5. 
In the event that an employee is laid off as a result of privatization of a county function, the county will continue to pay the employee's current salary and benefits at the time of layoff, for two pay periods, without reducing accrued leave balances, to be considered severance pay. The severance pay will not apply if the employee chooses not to exercise bumping rights or is hired by the private contractor. Employees subject to layoff will be allowed to use accumulated leave time to conduct a job search.
(Prior code § 14.2115; Ord. 5058-B (Attach. 23), 2000; Ord. 5478-B (Attach. A), 2007; Ord. 5549-B § 9, 2009; Ord. 5991-B § 1, 2019; Ord. 6246-B, 1/23/2024; Ord. 6303-B, 3/18/2025)
A. 
An employee wishing to leave the classified service in good standing, shall give 10 working days notice of such intention and shall file with his or her appointing authority on a written resignation stating the effective date and reasons for leaving. The 10 working days may be waived by the appointing authority if done so in writing to the director of human resources. Once a written resignation has been submitted by the employee, it becomes final and may not be withdrawn unless it is set aside by the commission under Section 3.08.280 of these rules. Failure to comply with this rule shall be entered on the service record of the employee and may be cause of denying future employment by the county.
B. 
An employee wishing to leave unclassified service in good standing, shall give 10 working days' notice of such intention and shall file with their appointing authority on a written resignation stating the effective date and reasons for leaving. The 10 working days may be waived by the appointing authority if done so in writing to the director of human resources. Once a written resignation has been submitted by the employee, it becomes final and may not be withdrawn. Failure to comply with this rule shall be entered on the service record of the employee and may be cause of denying future employment by the county.
(Prior code § 14.2120; Ord. 5478-B (Attach. A), 2007; Ord. 5991-B § 1, 2019; Ord. 6259-B, 3/26/2024)
The resignation shall be forwarded to the director of human resources with a statement by the appointing authority as to the resigned employee's service performance and any pertinent information concerning the cause for resignation.
(Prior code § 14.2125; Ord. 5478-B (Attach. A), 2007; Ord. 5991-B § 1, 2019)
Upon request of the appointing authority, the director of human resources may permit a permanent employee who has resigned, or voluntarily demoted, both in good standing and with a good record to be reinstated within five years to his or her former position, if vacant, or a vacant position in a comparable or lower class with equivalent minimum qualifications.
A. 
Employees granted reinstatement will not be placed higher than the same salary, in dollars, that was attained prior to resignation. On reinstatement, the new salary step will be that which most closely approximates the prior monthly salary; however, in any event, it will be no lower than Step I of the current salary grade. Upon the recommendation of the appointing authority, the county executive officer may adjust the step of an employee within the limits of the salary grade in the same manner as delineated under Section 3.04.680, Appointment at higher step. The new anniversary date for purposes of establishing eligibility for merit increases shall be the date of reinstatement.
Deputy Sheriff's Association, Safety Management, PCLEMA Represented, Management, Confidential and Unclassified Nonmanagement Employees. Employees granted reinstatement will not be placed higher than the same salary, in dollars, that was attained prior to resignation. On reinstatement, the new salary step will be that which most closely approximates the prior monthly base salary exclusive of additional pays; however, in any event, it will be no lower than Step 1 of the current salary grade. Upon the recommendation of the appointing authority the county executive officer may adjust the step of an employee within the limits of the salary grade in the same manner as delineated under Section 3.04.680, Appointment at higher step. The date of reinstatement will be used to establish when the employee meets the required paid hours, exclusive of any form of overtime, for purposes of step progression.
B. 
Employees granted reinstatement will serve a probationary period associated with the class to which they are reinstated from the date of reinstatement regardless of the length of probation served during the prior service.
C. 
Employees compensated for vacation under Section 3.04.500, Termination of employment, shall not be credited with any vacation upon reinstatement.
D. 
Employees granted reinstatement after two years but less than five years shall be treated as new employees for the purpose of computing benefits to be accrued from and after the date of reinstatement. Employees hired from the lateral transfer/other agency list shall be treated as new employees for the purpose of computing benefits to be accrued from and after the date of hire regardless of their eligibility for reinstatement from their prior agency.
E. 
Employees granted reinstatement within two years of separation shall be reinstated with the number of seniority hours and sick leave balance that had not been cashed out as of the date of separation and will accrue vacation leave at the same rate as the date of separation. With respect to longevity pay, non-DSA permanent employees shall be eligible to obtain longevity pay under Longevity Pay A or Longevity Pay B if reinstated within two years and the employee's last hire date was before November 1, 2019. The time accrued for longevity pay calculation starts anew upon reinstatement. If an employee who previously received longevity pay is reinstated, the longevity pay must be earned again with the requisite number of hours of service. If the employee's last hire date was after November 1, 2019, the employee shall not be eligible for longevity pay.
Employees granted reinstatement are not required to work six months before being eligible to use sick leave and vacation provided they worked the required six months prior to separation.
F. 
All other benefits besides seniority, vacation, sick leave (e.g., health insurance, PERS retirement) and longevity pay shall be subject to laws, rules or memoranda of understanding in effect on the date of reinstatement.
(Prior code § 14.2130; Ord. 5371-B, 2005; Ord. 5386-B, 2005; Ord. 5478-B (Attach. A), 2007; Ord. 5627-B § 15, 2010; Ord. 5991-B § 1, 2019; Ord. 5992-B § 1, 2019; Ord. 6213B § 1, 2023)