a. Seniority
shall be determined by the date of original appointment to the class.
For purposes of this article, the "date of original appointment to
the class" is defined as the date the employee first was appointed
to the class, on or after the most recent date of entry into County
service, regardless of type of appointment, including but not limited
to, provisional, limited term, temporary and exempt.
b. A seniority
list shall be prepared for each class for purposes of layoff and shall
include all probationary and permanent employees in that class. Where
seniority dates in the class are the same, ties shall be broken in
the following sequence:
1. Employees
with the earliest date of entry into continuous County service.
2. Employees
with the highest standing on the eligible list from which the appointments
to be applicable class were made.
c. The seniority date for employees who terminate and subsequently return to County service in accordance with the military leave provisions of Section
2.78.785 of the Sacramento County Code shall be the date of original appointment to the class, prior to the military separation.
d. If an
employee's position is reallocated to a different class, and the former
class is no longer authorized in the employee's department, the employee's
date of appointment to the former class shall be the seniority date
in the class to which the position was reallocated. In such cases
the right to demote shall apply to the new class.
e. If an
employee is in a class which is retitled, the seniority date in the
retitled class shall be the date of appointment to the original class
which has been retitled.
f. If an
employee returns to a former class in which the employee previously
held permanent status, the employee's seniority date in the former
class shall be the date of original appointment to the former class.
(SCC 226 § 2, 1975; SCC
337 § 6, 1978; SCC 415 § 14,
1980)
Personnel employed under the Comprehensive Employment and Training
Act (CETA) shall be laid off or separated in compliance with, and
their right to demote within the department and to request demotion
to another department shall be subject to, all requirements established
by Congressional enactments, Federal Regulations and orders, and grant
terms and conditions as they exist and apply on the effective date
of layoff.
(SCC 417 § 1, 1980)
a. When it becomes necessary, due to lack of work, lack of funds or in the interest of economy, to reduce the number of employees in a department, the order in which employees will be laid off within each class which is affected by the layoff shall be based on seniority as provided in Section
2.78.810.
b. Temporary
and provisional employees in the class involved in the layoff shall
be separated prior to the layoff of any probationary or permanent
employees.
c. Prior
to the layoff of any probationary or permanent employee, any permanent
employee who currently is serving in a temporary position in that
class shall be separated and returned to the class in which the person
holds permanent status in that department.
d. Probationary
and permanent employees shall be laid off in the inverse order of
their seniority.
(SCC 226 § 2, 1975; SCC
415 § 15, 1980)
a. Any
employee who is scheduled for layoff shall have a right to demote
within the department in which layoff will occur to a class in which
the employee formerly held permanent status. If there is no authorized
position in the department in the class to which the employee would
otherwise have a right to demote, then this subsection shall not apply.
The right to demote within the department to which the employee is
assigned, shall be implemented as follows:
1. If
there is only one other lower salaried class within the department
in which the employee formerly held permanent status, the employee
shall be demoted to that class. If there is no vacancy in that class
and the demoting employee has less seniority than all other employees
within the department in that class, the demoting employee shall be
laid off from that class and from employment.
2. If
there are two or more lower salaried classes within the department
in which the employee formerly held permanent status, the employee
shall be demoted to that class in which the employee formerly held
permanent status which has the highest salary. If there is no vacancy
in that class, and the demoting employee has less seniority than all
other employees within the department in that class, the above process
shall continue until the demoting employee either reaches a class
within the department in which the employee formerly held permanent
status in which there is a vacancy or in which the employee is not
the least senior employee within the department in that class, or
the employee is laid off from employment.
3. An
employee who is least senior in a class in which there is no vacancy
and to which an employee demotes from a higher class within the department
shall be laid off from that class, and shall have the same right to
demote as does any other employee who is laid off.
4. An
employee demoted under this procedure shall be deemed to have exercised
the employee's right to demote and to have accepted each demotion,
subject to the employee's right to resign from employment.
5. An
employee who is demoted from a class in which the employee holds permanent
status shall be deemed for all purposes to have been laid off from
each class from which the employee subsequently demotes or is displaced,
including classes which the employee passes through because of the
absence of a vacancy and insufficient seniority to occupy a position.
b. An employee
who is scheduled for layoff, shall be entitled to request a demotion
to another class in which the employee formerly held permanent status
which is currently authorized in another department. Except as provided
in (3) below, the right to request demotion to another department
applies to any class in which the employee formerly held permanent
status, which has a lower salary than the class from which the employee
was laid off, which is authorized in any department other than the
department to which the employee was assigned prior to the layoff.
1. The
appointing authority of the department to which the employee requests
transfer may, in the appointing authority's discretion, grant a request
to demote if there is (a) a vacancy in the class within the department
or (b) the requesting employee would not be the least senior employee
in the new department within the class to which the request is made.
2. An
employee whose request to demote to another department is granted,
shall be deemed for all purposes to have been laid off from the class
from which the employee demotes.
3. Such
right to request demotion shall not apply to a class to which an employee
is demoted within the same department. The purpose of the right to
request a demotion to another department is to avoid layoff from employment.
(SCC 337 § 7, 1978; SCC
415 § 16, 1980)
Each employee subject to layoff shall be given written notice
of layoff. The notice shall prescribe the effective date of layoff.
The written notice shall either be personally handed to the employee,
left at his or her last known address, or mailed to the last known
address if such address is a post office box number. The last known
address shall be deemed to be that address which is within the personnel
file of the employee within the department to which he or he is assigned.
The notice shall be deemed served on the date it is personally handed
to the employee, or on the date it is left at his or her last known
address, or on the date it is mailed to his or her last known address,
as the case may be.
The effective date of layoff shall be not earlier than the fourteenth
day following the date of service of the notice of layoff.
(SCC 337 § 7, 1978; SCC
353 § 1, 1978)
This section is intended to continue in effect without change
the provisions of subdivision (b) of Rule 10.11 as adopted by the
civil service commission on October 19, 1972, and is applicable only
to medical center employees. The other provisions of Rule 10.11 are
not included herein because their purpose has been fully served and
they are therefore no longer operative. If, subsequent to June 30,
1973, it should become necessary to reduce the number of County employees
assigned to the medical center by layoff, layoff lists specifying
the order shall be prepared by the university. The order of layoffs
as between and among County employees and employees of the university
in the same manner or substantially similar classifications shall
be as determined under any applicable regulations of the university;
provided that such regulations shall not discriminate in favor of
university employees or against County employees on the basis of the
identity of the employer, and to the extent seniority is a factor
under university regulations in determining the order, the length
of service of County employees shall be accorded the same stature
as the length of service of university employees. Any County employee
who contends that his or her rights under this subdivision of this
rule have been violated may appeal the matter to the civil service
commission by filing a written notice which specifies in detail the
alleged violations not later than seven calendar days after he or
she has been given written notice by the university that he or she
will be laid off.
(SCC 226 § 2, 1975)
Pursuant to Section 15-A of the Sacramento County Charter, an
Indigent Defense Program employee shall be entitled to County Civil
Service status without examination in the same or substantially similar
classification as the position held by that employee when employed
by the Sacramento County Superior Courts.
(SCC 1174 § 2, 2000)
If, subsequent to November 1, 2000, it should become necessary to reduce the number of County employees assigned to the Indigent Defense Program by layoff, the order of layoffs as between those employees and other employees in the same or substantially similar classifications shall be determined in accordance with the layoff provisions of Chapter
2.78, Title
2 of this Code. To the extent that seniority is a factor of service in determining the order of layoff, the length of service of Indigent Defense Program employees as court employees shall be accorded the same stature as the length of service of County employees in the same or substantially similar classifications. Any County employee who contends that his or her rights under this subdivision have been violated may appeal the matter to the Civil Service Commission by filing a written notice which specifies in detail the alleged violations not later than seven calendar days after he or she has been given written notice by the County that he or she will be laid off.
(SCC 1174 § 3, 2000)
For purposes of determining order of layoffs of unrepresented
persons employed as of its inception within the Department of the
Facility Planning, Architecture and Real Estate and/originally assigned
to the Department of General Services or the Department of County
Engineering, those persons shall be treated as continuing to be assigned
to the Department of General Services or Department of County Engineering.
(SCC 1336 § 1, 2006)
This section is intended to continue in effect without change
the provisions of "Personnel Rule No. 2" as adopted by the Board of
Supervisors on November 5, 1973, and is applicable only to medical
center employees. This section applies only to County employees with
permanent status in a previously held class who are serving in a class
with probationary or exempt status assigned to a County work location
other than the Sacramento Medical Center, University of California,
Davis, and who immediately preceding their appointment to that class
held a County position assigned to said Sacramento Medical Center
which on January 1, 1973, was in a subordinate relationship to the
hospital administrator.
a. An employee
who has held such probationary or exempt status prior to November
5, 1973, and who either prior to or subsequent to said date is released
before the employee has acquired permanent status in the class from
which the employee is released, and who is not otherwise reassigned
on November 5, 1973, shall be returned to any County position vacancy
which exists at the time of such release in the class which the employee
occupied immediately prior to the one from which the employee was
released. In the event there is no position vacancy in such class
at the time of the employee's release, the employee shall be returned
to such class at said Sacramento Medical Center as a County employee
in a temporary supplemental position until a position vacancy in that
class occurs in a County department. Upon the occurrence of such a
position vacancy in a County department, the employee shall be transferred,
certified for appointment, and appointed to said vacancy.
b. A County
employee at said Sacramento Medical Center who accepts, after November
5, 1973, an appointment to a class with probationary or exempt status
and who is released from the employee's position in that class before
the employee has acquired permanent status shall be laid off.
c. The
provisions of Section 8.4 of the Rules of the Civil Service Commission
shall be inapplicable to employees whose rights are governed by this
section.
(SCC 226 § 2, 1975)
For purposes of determining order of layoffs of persons employed
as of its inception within the Department of Compliance and/originally
assigned to the County Executive Cabinet, those persons shall be treated
as continuing to be assigned to the County Executive Cabinet.
(SCC 1297 § 3, 2005)
a. For
purposes of determining order of layoffs of persons employed as of
August 1, 1992, in the Department of Personnel Management that was
abolished pursuant to SCC No. SCC-885, the Departments of Employee
Relations/Benefits and Human Resources within the Human Resources
Agency shall be treated as a single department.
b. For
purposes of determining layoffs of County employees assigned directly
to the County Executive Cabinet, the Office of County Executive, the
Department of Policy Analysis and Program Development, the Department
of Debt Management and Utilization, the Department of Management and
Budget, the Department of Military Base Conversion, the Department
of General Services and the Office of Communications and Information
Technology, the following rules shall apply:
1. To
the extent consistent with other subparagraphs of this section, employees
assigned directly to the County Executive Cabinet, as well as the
office and departments designated in this subparagraph (b), shall
be treated as being employed by a single department.
2. Employees
transferred from the Office of County Executive to the County Executive
Cabinet or to any of the departments designated in this subparagraph
(b) shall retain the same seniority within the Cabinet or departments
as would have been applied within the Office of County Executive.
3. An
employee transferred from any other County department directly to
the County Executive Cabinet or to any of the departments designated
in this subparagraph (b) after the effective date of this ordinance
shall retain the same seniority as would have been applied within
the department or office from which such employee was transferred.
Prior to any layoff of Cabinet personnel or personnel of a department
designated in this subparagraph (b), such person shall be transferred
to the department from which originally reassigned and his or her
seniority within that department shall include time served as Cabinet
personnel or as personnel of a department designated in this section.
(SCC 0889 § 1, 1992; SCC
1022 § 2, 1996; SCC 1085 § 5,
1997; SCC 1115 § 2, 1998)
For purposes of determining order of layoffs of persons employed
as of April 13, 2000, in the Department of Human Resources, the Department
of Human Resources and the Department of Personnel within the Human
Resources Agency shall be treated as a single department.
(SCC 1161 § 5, 2000)
a. For
purposes of determining order of layoffs of persons employed as of
March 25, 2004, in the Department of Personnel Services and the Department
of Employee Benefits/Risk Management, those departments shall be treated
as a single department. For persons employed in those departments
subsequent to that date and thereafter employed within the Department
of Personnel Services, layoffs shall be determined by the date of
appointment to either of the those prior departments, or their successor
departments.
b. For
purposes of determining order of layoffs of any employee transferred
from any other County department directly to the Department of Personnel
Services after the effective date of this subparagraph (b), the appointment
date of any such employee shall be the date of appointment within
the department from which the employee transferred.
(SCC 1265 § 3, 2004; SCC
1325 § 7, 2006; SCC 1357 § 3,
2007)
a. An employee
may resign from County service by submitting a written resignation
to the employee's appointing authority. The resignation shall be effective
for all purposes upon its submission; however, an employee wishing
to resign from the County service in good standing shall, at least
two weeks before the last day of actual work, submit to the appointing
authority a written resignation stating therein the last day the employee
intends to work, unless such two weeks' notice is waived by the appointing
authority. A resignation, whether or not in writing, shall be effective
and binding upon its submission to the appointing authority without
any further action by any person.
b. Absence
without leave for five consecutive working days shall be deemed an
automatic resignation from County service, as of the last date on
which the employee worked. Within 15 days after receipt of the service
of notice of automatic termination, an employee may request reinstatement
to the employee's previously held position. Reinstatement may be granted
only if:
1. The
employee makes satisfactory explanation to the appointing authority
as to the cause of the employee's absence or failure to obtain leave
therefor, and the appointing authority determines that the employee
is ready, able and willing to resume the discharge of the duties of
his or her position; or
2. The
appointing authority consents to a leave of absence to commence upon
reinstatement.
(SCC 226 § 2, 1975; SCC
1346 § 2, 2006)
For purposes of determining order of layoffs of persons employed
as of its inception within the Department of the County Clerk/Recorder
and/originally assigned to the Department of Finance, those persons
shall be treated as continuing to be assigned to the Department of
Finance.
(SCC 1301 § 5, 2005)
A. For
purposes of determining the order of layoffs of employees who were
employed in either the Department of Health and Human Services or
Correctional Health Services as of the effective date of the ordinance
codified in this section, there shall be a single combined seniority
list for any affected class. Any layoff originating in the Department
of Health Services or Department of Child, Family and Adult Services
on or after the operative date of the ordinance codified in this section
shall be based upon such employee's seniority within the affected
class, whether the original appointment was originally to a position
in the Department of Health and Human Services or Correctional Health
Services.
B. For any employee who becomes employed by the Department of Health Services or Department of Child, Family and Adult Services subsequent to the operative date of the ordinance codified in this section, the order in which employees will be laid off within each class which is affected by the layoff shall be based on seniority as provided in Section
2.78.810.
(SCC 1452 § 11, 2010; SCC 1618 § 21, 2018)