Resolution - 6116RE S OLUT I ON NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, AMENDING PERSONNEL
RULE NO. XIV (RESOLUTION NO. 1276) RELATING TO
LAYOFF AND REEMPLOYMENT.
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The City Council of the City of West Covina does resolve
as follows:
SECTION 1. Pursuant to the recommendation of the Personnel
Commission, Section XIV of the Personnel Rules relating to Layoff and
Reemployment attached hereto and marked Exhibit A, and by this refer-
ence incorporated herein, are hereby adopted.
SECTION 2. The City Clerk shall certify to the adoption of
this resolution.
APPROVED AND ADOPTED this 12th day of May 1980.
ATTEST:
.,
City Clerk
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I HEREBY CERTIFY that the foregoing resolution was adopted
at a regular meeting of the City Council of the City of West Covina
on the 12th day of May 1980, by the following vote of
the Council:
AYES: 5 Councilmen: Tennant, Tice, Chappell, Shearer, Browne.
NOES: 0 Councilmen: none
ABSENT: 0 Councilmen: none
City Clerk
APPROVED AS TO FORM:
City Attorney
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RULE XIV. LAYOFF AND REEMPLOYMENT
XIV.1 Layoff
Public interest may require elimination or cur-
tailment of a public service activity which may therefore
• require the layoff of one or more employees. The follow-
ing procedure is intended to provide primary consideration
to seniority of service.
XIV.l(a) Definition of Seniority
Seniority shall be defined as meaning the length
of continuous service in the employee's present classifi-
cation or in higher or equal classes,regardless of depart-
ment to which assigned.
When employees have equal seniority,.for retention
in a class, the employee with the greatest amount of
seniority credit with the City shall have the highest
retention priority. "Seniority credit with the City"
shall be defined as the length of continuous service from
the last date of hire by the City. If a tie.occurs,
priority shall be determined on the basis of the employee's
rank on the certified eligibility list at the time of
appointment to that class.
On the least seniority basis, employees will be
laif off on the priority of the following categories,,
completely exhausting each before proceeding to the next.
1. Temporary or provisional employees.
2. Probationary, regular, part-time, limited
service employees.
3. Probationary, regular, full-time employees.
4. Permanent, regular, part-time, limited service
employees.
5. Permanent, classified, full-time employees.
XIV.l(b) Procedure
When a position within a class is abolished as
provided in Section 2433 of the Municipal Code, the fol-
lowing procedure shall be observed:-
1. The names of all employees occupying positions
in said class shall be listed in the order of their
lengths of service in said class or in higher or equal
classes.
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2. If on this list there is included the names
of any probationary or otherwise non -permanent employees,
the appointing authority shall choose the least senior to
be Paid off for each position to be abolished. The pro-
vision of paragraph 4 shall apply to such of these laid
off employees as hold permanent status in a• lower class.
3. If, however, all employees on said list have
permanent status in their classes, or if the number of.
positions to be abolished exceeds the number of non-
permanent employees, then the appointing authority shall
choose the least senior employee(s) to be laid off. If -
more than one layoff from among the list of,permanent
employees is required, then the appointing authority shall
choose from among list of least senior employees a number
equal to the number of layoffs to be made. The provisions
of paragraph 5 shall apply to such laid off employees.
4. An employee laid off under the provisions of,
paragraph 2 who holds permanent status in a lower class,
may request demotion to a position in said lower class or
an equivalent class in order to avoid layoff. If the
employee makes such request, a list of employees as pre-
scribed in paragraph l shall be prepared and subject
employee shall have his name placed among the other names
on said list according to his total length of service in
said class and any higher class. Thereafter, the appoint-
ing authority shall choose an employee to be laid off
according to the provisions of paragraphs 2 and 3.
5. An employee laid off under the=provisions of
paragraph 3 may request demotion to a position.in any
lower class within the same series as, or an equivalent
series to that within which he held, his position. If the
employee makes such request, thereafter, the same pro-
visions as stipulated in paragraph 4 with respect to the
preparation of a list of employees and the selection of
an employee to be laid off shall apply.
6. In the case of layoffs necessitated by demo-
tions, under the above outlined procedures, the same
general provisions as above outlined shall apply in lay-
ing off employees in the lower class.
7. In the case of any question as to the equiva-
lency of classes for the purpose of preparing the lists
prescribed above, the Personnel Officer, having responsi-
bility for the maintenance and application of the classi-
fication plan, shall render his judgment and such judgment
shall be final.
8. Similar occupational Series - Fire Safety Only.
The job classes of Firefighter., Fire Engineer, and Fire
Captain are deemed to be in the same fire safety occupa-
tional series.
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9. Written Notice of Layoff
a. Any employee to be laid off: will be given
written notice cif layoff not less than fourteen (14)
calendar days prior to the effective date of such layoff.
b. An employee so notified will be provided
with three (3) working days to respond/appeal the City's
layoff notice.
C. Upon receipt of notice of layoff and in
order to avoid layoff, an -employee may request demotion
(displacement) in writing to the Personnel Officer within
three (3) working days of receipt of layoff notice.
d. All employees shall be informed of their
reemployment rights in writing.
10. Specially Funded Positions. When a position
is created and is funded by a grant of funds from the
State or the Federal Government, the position shall be
automatically abolished when the funding is terminated.
The incumbent of the position shall be laid off on the
date upon which the position is abolished and the layoff
procedures prescribed in Section B shall be applicable and
shall .be followed.
Any employee hired or promoted to fill a
vacancy in a regular full-time City position resulting
from the assignment of a permanent employee to a specially
funded position, may be demoted or laid off in accordance
with this procedure at the time the permanent employee
returns to his former position.
XIV.2 Reemployment
The purpose of this section shall be to set forth
rules and procedures for the reemployment of individuals.
that have been subject to layoff action.
XIV.2(a) Procedures
1. The reemployment list for any position shall
consist of the names of permanent employees who have been
laid off for lack of work, or lack of funds from a posi-
tion in the same class, or an equivalent class, or that
in which the vacancy exists.
2. Such names shall be placed on the reemployment
list in reverse order- of layoff. (Last employee laid off
is the first employed on the reemployment list with other
laid off employees in sequential order thereafter.)
3. The appointing authority shall reinstate the
one highest and available on the reemployment list.
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4. :such reemployment shad l be certified by the
Personnel Officer and shall be valid for one year from
date of layoff.
5. Employees whose positions have been reallo-
cated to a lower class, but who have not been demoted for
cause shall also have their names placed on the reemploy-
ment list for the class from which their position was
reallocated.
XIV.2(b) Policies
1. Prior Service - For the purposes of computing
total seniority with the City, an employee reemployed
shall have the same prior service credited to them as.
they had at the time of layoff.
2. Anniversary Date - Upon reemployment, an
employee shall be credited with the same portion of a year
as that credited at the time of layoff for purposes of
establishing a new anniversary date for step and merit
increase eligibility.
3. Salary Upon Reemployment - An employee shall
be placed at the same salary step or its equivalent that
the employee occupied at time of layoff.
4: Vacation Earning Rate - Upon reemployment, an
employee shall earn vacation at the same earning rate
reached when the layoff occurred. No buy-back of vaca-
tion will be permitted.
5. Sick Leave Reinstatement - (Applicable only
to non-public safety employees.) Upon reemployment, an
employee will have sick leave reinstated in that amount
accumulated at the time of layoff up to a maximum of 40
days. In the event that through the course of continued
employment accumulated sick leave exceeds 40 days, payoff
for such excess accumulations shall be in accordance with
the payoff.provisions of the program but in.no case shall
the aggregate of such amount(s) exceed that provided by
the policy.
RULE XV. REPORT OF PERFORMANCE
XV.1 Policy
It is the policy of the City that regular reports be
made as to the efficiency, competency, conduct and merit of
its employees. To this end, it is declared to be the respon-
sibility of the City Manager, the department heads and their
subordinate supervisors that these ratings be made. It is
also declared that it is the responsibility of the Personnel
Officer to provide and prescribe the forms and,procedures to
be used in such reports of performance and to assist in the
training of supervisory personnel of the City so that the pro-
gram o.fperformance reporting will be carried on in a sound
and effective manner.
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