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HomeMy WebLinkAbout06/14/1993 Item #16CCU II' d OIF HIEWIF(DR II' BEACH PIERSORTN EIL IIDIEIFAIlB'II'M ENT elY Nd. JUN 1 41993 ! June 1, 1993 APPROVED_____-' TO: Honorable Mayor Turner and Members off fkhe City Council FROM: Duane K. Munson, Director of Personnel n RE: Layoff Policies RECOMMENDATION: Adopt, by Motion, the layoff policies negotiated between the City's Negotiations Team and the authorized employee association representatives. BACKGROUND: We have been able to negotiate layoff policies with each of our employee associations. Although several of the agreements differ slightly in their text, they are all the same in concept. Attached is the test of each of those agreements: 1. Exhibit #1 covers the Newport Beach Police Employees Association, the Newport Beach Police Management Employees Association, the Newport Beach Ocean Lifeguards Association, and the Newport Beach Firefighters Association. 2. Exhibit #2 covers the Newport Beach Professional and Technical Employees Association 3. Exhibit #3 covers the Newport Beach City Employees Association � Or? 4. Exhibit #4 covers the Newport Beach Employees League These agreements apply only to represented employees. Key and Management employees who have been identified for layoff have been selected because their jobs have eliminated from the organization at large, and their jobs are not connected to the job series' identified within the represented classifications. 1 Exhibit #1 503. REDUCTIONS IN FORCE/LAYOFFS. The provisions of this section shall apply when the City Manager determines that a reduction in the work force is warranted because of actual or anticipated reductions in revenue, reorganization of the work force, a reduction in municipal services, a reduction in the demand for service or other reasons unrelated to the performance of duties by any specific employee. Reductions in force are to be accomplished, to the extent feasible, on the basis of seniority within a particular Classification or Series and this Section should be interpreted accordingly. 503.1 DEFINITIONS. (A) "Layoffs" or "Laid off" shall mean the non - disciplinary termination of employment. (B) "Seniority" shall mean the time an employee has worked in a Classification or Series calculated from the date on which the employee was first granted permanent status in their current Classification or any Classification within the Series, subject to the following: (i) Credit shall be given only for continuous service subsequent to the most recent appointment to permanent status in the Classification or Series; (ii) Seniority shall include time spent on industrial leave, military leave and leave of absence with pay, but shall not include time spent on any other authorized or unauthorized leave of absence. (C) "Classification" shall mean one or more full time positions identical or similar in duties and embraced by a single job title authorized in the City budget and shall not include part-time, seasonal or temporary positions. Classifications within a Series shall be ranked according to pay (lowest ranking, lowest pay). (D) "Series" shall mean two or more Classifications within a Department which require the performance of similar duties with the higher ranking Classification(s) characterized by the need for less supervision by superiors, more difficult assignments, more supervisory responsibilities for subordinates. The City Manager shall determine those Classifications which constitute a Series. (E) "Bumping Rights", "Bumping" or "bump" shall mean the right of an employee, based upon seniority within a series, to displace a less senior employee in a lower Classification within the Series. No employee shall have the right to Bump into a Classification for which the employee does not possess the minimum qualifications such as specialized education, training or experience. 503.2 PROCEDURES. In the event the City Manager determines to reduce the number of employees within a Classification, the following procedures are applicable: 3 (A) Temporary and probationary employees within any Classification shall, in that order, be laid off before permanent employees. (B) Employees within a Classification shall be laid off in inverse order of seniority; (C) An employee subject to layoff in one Classification shall have the right to Bump a less senior employee in a lower ranking Classification within a Series. An employee who has Bumping Rights shall notify the Department Director within three (3) working days after notice of layoff of his/her intention to exercise Bumping Rights. (D) In the event two or more employees in the same Classification are subject to layoff and have the same seniority, the employees shall be laid off in inverse order of their position on the eligibility list or lists from which they were appointed. In the event at least one of the employees was not appointed from an eligibility list, the Department Director shall determine the employee(s) to be laid off. 503.3 NOTICE. Employees subject to lay-off shall be given at least thirty (30) days advance notice of the layoff or thirty (30) days pay in lieu of notice. In addition, employees laid off will be paid for all accumulated paid leave, holiday leave (if any), and accumulated sick leave to the extent permitted by the Personnel Resolution. 503.4 RE-EMPLOYMENT. Permanent and probationary employees who are laid off shall be placed on a Department re-employment list in reverse order of layoff. The re-employment list shall expire in 12 months, but may be extended by the City Manager for up to an additional 12 months. In the event a vacant position occurs in the Classification which the employee occupied at the time of layoff, or a lower ranking Classification within a Series, the employee at the top of the Department re-employment list shall have the right to appointment to the position, provided, he or she reports to work within seven (7) days of written notice of appointment. Notice shall be deemed given when personally delivered to the employee or deposited in the U.S. Mail, first class postage prepaid, and addressed to the employee at his or her last known address. Any employee shall have the right to refuse to be placed on the re- employment list or the right to remove his or her name from the re- employment list by sending written confirmation to the Personnel Director. 503.5 EXPIRATION. This policy shall expire twelve (12) months after approval by the City Council, subject to earlier termination pursuant to a written agreement between the City and any recognized employee association. kr\drlayoff.pol S 9 0 Exhibit #2 MEMORANDUM OF UNDERSTANDING 503. REDUCTIONS IN FORCE%LAYOFFS. The provisions of this section shall apply when the City Manager determines that a reduction in the work force is warranted because of actual or anticipated reductions in revenue, reorganization of the work force, a reduction in municipal services, a reduction in the demand for service or other reasons unrelated to the performance of duties by any specific employee. Reductions in force are to be accomplished, to the extent feasible, on the basis of seniority within a particular Classification or Series and this Section should be interpreted accordingly. 503.1 DEFINITIONS. (A) "Layoffs" or "Laid Off" shall mean the non - disciplinary termination of employment. (B) "Seniority" shall mean the time an employee has worked in a Classification or Series calculated from the date on which the employee was first granted permanent status in their current Classification or any Classification within the Series, subject to the following: (i) Credit shall be given only for continuous service subsequent to the most recent appointment to permanent status in the Classification or Series; (ii) Seniority shall include time spent on industrial leave, military leave and leave of absence with pay, but shall not include time spent on any other authorized or unauthorized leave of absence. (C) "Classification" shall mean one or more full time positions identical or similar in duties and embraced by a single job title authorized in the City budget and shall not include part-time, seasonal or temporary positions. Classification within a Series shall be ranked according to pay (lowest ranking, lowest pay). (D) "Series" shall mean two or more Classifications within a Department which require the performance of similar duties with the higher ranking Classifications(s) characterized by the need for less supervision by superiors, more difficult assignments, more supervisory responsibilities for subordinates. The City Manager shall determine those Classifications following a meet and consult process which constitute a Series. (E) "Bumping Rights", "Bumping" or "bump" shall mean (1) the right of an employee, based upon seniority within a series to bump into a lower ranking Classification within the same Series, (2) to be followed bv, an employee being permitted to bump into a � • • classification within a different series. The latter bumping shall be based upon unit wide seniority and shall be limited to a classification in which the employee previously held regular status. No employee shall have the right to bump into a classification for which the employee does not possess the minimum qualifications such as specialized education, training or experience. 503.2 PROCEDURES. In the event the City Manager determines to reduce the number of employees within a Classification, the following procedures are applicable: (A) Temporary and probationary employees within any Classification shall, in that order, be laid off before permanent employees. (B) Employees within a Classification shall be laid off in inverse order of seniority; (C) An employee subject to layoff in one Classification shall have the right to Bump a less senior employee in a lower ranking Classification within a Series. An employee who has Bumping Rights . shall notify the Department Director within three (3) working days after notice of layoff of his/her intention to exercise Bumping Rights. (D) In the event two or more employees in the same Classification are subject to layoff and have the same seniority, the employees shall be laid off following the Department Director's consideration of established performance evaluations. 503.3 NOTICE. Employees subject to lay-off shall be given at least thirty (30) days advance notice of the layoff or thirty (30) days pay in lieu of notice. In addition, employees laid off will be paid for all accumulated paid leave, holiday leave (if any), and accumulated sick leave to the extent permitted by the Personnel Resolution. 503.4 RE-EMPLOYMENT. Permanent and probationary employees who are laid off shall be placed on a Department re-employment list in reverse order of layoff. The re-employment list shall expire in 18 months. In the event a vacant position occurs in the Classification which the employee occupied at the time of layoff, or a lower ranking Classification within a Series, the employee at the top of the Department re-employment list shall have the right within seven (7) days of written notice of appointment. Notice shall be deemed given when personally delivered to the employee or deposited in the U.S. Mail, first class postage prepaid, and addressed to the employee at 6 0 0 themselves of the EARLY RETIREMENT PROGRAM and provide binding notice of intent to do so on or before April 30, 1993, then the City is confident that three (3) additional NBP&TEA members will be subject to layoff , and that two (2) additional NBP&TEA members will be subject to a classification downgrading. Such actions would almost certainly be implemented on or about June 30, 1993. However, the City makes it abundantly clear to the NBP&TEA that the total number of layoffs to be implemented during any future period of time cannot be stated with any absolute specificity. The concerns stated in Section 503 of the LAYOFF POLICY will require the City to consistently reassess its layoff requirements.. However, and if the total number of required layoffs differ in number from the two (2) described above, the City will certainly provide advanced notice of such implementation to the NBP&TEA and will, at the NBP&TEA's request, engage the Meet and Confer process as to the impact of the decision to make further layoffs. If the content of this letter reflects our mutual understanding, then we would appreciate the NBP&TEA'S signature on this document, verifying that agreement. Lorely,. K. Munson Personnel Director AGREED - Newport Beach Professional & Technical Employees Association Date: H — V2 9 - 93 Signature Date: 4 -2—y- 1 3 Signature Date: Signature Date: Signature . • Exhibit #3 MEMORANDUM OF UNDERSTANDING 503. REDUCTIONS IN FORCE/LAYOFFS. The provisions of this section shall apply when the City Manager determines that a reduction in the work force is warranted because of actual or anticipated reductions in revenue, reorganization of the work force, a reduction in municipal services, a reduction in the demand for service or other reasons unrelated to the performance of duties by any specific employee. Reductions in force are to be accomplished, to the extent feasible, on the basis of seniority within a particular Classification or Series and this Section should be interpreted accordingly. 503.1 DEFINITIONS. (A) "Layoffs" or "Laid Off" shall mean the non - disciplinary termination .of employment. (B) "Seniority" shall mean the time an employee has worked in a Classification or Series calculated from the date on which the employee was first granted permanent status in their current Classification or any Classification within the Series, subject to the following: (i) Credit shall be given only for continuous service subsequent to the most recent appointment to permanent status in the Classification or Series; (ii) Seniority shall include time spent on industrial leave, military leave and leave of absence with pay, but shall not include time spent on any other authorized or unauthorized leave of absence. (C) "Classification" shall mean one or more full time positions identical or similar in duties and embraced by a single job title authorized in the City budget and shall not include part-time, seasonal or temporary positions. Classification within a Series shall be ranked according to pay (lowest ranking, lowest pay). (D) "Series" shall mean two or more Classifications within a Department which require the performance of similar duties with the higher ranking Classifications(s) characterized by the need for less supervision by superiors, more difficult assignments, more supervisory responsibilities for subordinates. The City Manager shall determine those Classifications which constitute a Series. (E) "Bumping Rights", "Bumping" or "bump" shall mean (1) the right of an employee, based upon seniority within a series to bump into a lower ranking Classification within the same Series, (2) to be followed by. an employee being permitted to bump into a 7 $­ 0 0 classification within, a different series. The latter bumping shall be based -ipon .:-);t wide seniority and shall be limited to a classification ;n which the employee previously held regular status. No employee shall have the right to bump into a classification for which the employee does not possess the minimum qualifications such as specialized education, training or experience. 503.2 PROCEDURES. In the event the City Manager determines to reduce the number of employees within a Classification, the following procedures are applicable: (A) Temporary and probationary employees within any Classification shall, in that order, be laid off before permanent employees. (B) Employees within a Classification shall be laid off in inverse order of seniority; (C) An employee subject to layoff in one Classification shall have the right to Bump a less senior employee in a lower ranking Classification within a Series. An employee who has Bumping Rights shall notify the Department Director within three (3) working days after notice of layoff of his/her intention to exercise Bumping Rights. (D) In the event two or more employees in the same Classification are subject to layoff and have the same seniority, the employees shall be laid off following the Department Director's consideration of established performance evaluations. 503.3 NOTICE. Employees subject to lay-off shall be given at least thirty (30) days advance notice of the layoff or thirty (30) days pay in lieu of notice. In addition, employees laid off will be paid for all accumulated paid leave, holiday leave (if any), and accumulated sick leave to the extent permitted by the Personnel Resolution. 503.4 RE-EMPLOYMENT. Permanent and probationary employees who are laid off shall be placed on a Department re-employment list in reverse order of layoff. The re-employment list shall expire in 18 months. In the event a vacant position occurs in the Classification which the employee occupied at the time of layoff, or a lower ranking Classification within a Series, the employee at the top of the Department re-employment list shall have the right within seven (7) days of written notice of appointment. Notice shall be deemed given when personally delivered to the employee or deposited in the U.S. Mail, first class postage prepaid, and addressed to the employee at F.- 0 0 his or her last known address. Any employee shall have the right to refuse to be placed on the re-employment list or the right to remove his or her name from the re-employment list by sending written confirmation to the Personnel Director. 503.5 EXPIRATION. This policy shall expire twelve (12) months after approval by the City Council, subject to earlier termination pursuant to a written agreement between the City and any recognized employee association. CITY - Signature JT ------------ Date _Date NEWPORT BEACH CITY EMPLOYEES ASSOCIATION nature Date / 0 ignat, r Dat Signature Signature --yl�\ jj --- Date ---------------- Date • C] MEMORANDUM OF UNDERSTANDING Exhibit #4 503. REDUCTIONS IN FORCE/LAYOFFS. The provisions of this section shall apply when the City Manager determines that a reduction in the work force is warranted because of actual or anticipated reductions in revenue, reorganization of the work force, a reduction in municipal services, a reduction in the demand for service or other reasons unrelated to the performance of duties by any specific employee. Reductions in force are to be accomplished, to the extent feasible, on the basis of seniority within a particular Classification or Series and this Section should be interpreted accordingly. 503.1 DEFINITIONS. (A) "Layoffs" or "Laid Off" shall mean the non -disciplinary termination of employment. (B) "Seniority" shall mean the lime an employee has worked in a Classification or Series calculated from the date on which the employee was first granted permanent status in their current Classification or any Classification within the Series, subject to the following: (i) Credit shall be given only for continuous service subsequent to the most recent appointment to permanent status in the Classification or Series; (ii) Seniority shall include time spent on industrial leave, military leave and leave of absence with pay, but shall not include time spent on any other authorized or unauthorized leave of absence. (C) "Classification" shall mean one or more full time positions identical or similar in duties and embraced by a single job title authorized in the City budget and shall not include part-time, seasonal or temporary positions. Classification within a Series shall be ranked according to pay (lowest ranking, lowest pay). (D) "Series" shall mean two or more Classifications within a Department which require the performance of similar duties with the higher ranking Classifications(s) characterized by the need for less supervision by superiors, more difficult assignments, more supervisory responsibilities for subordinates. The City Manager shall determine those Classifications which constitute a Series. (E) "Bumping Rights", "Bumping" or "bump" shall mean (1) the right of an employee, based upon seniority within a series to bump into a lower ranking classification within the same series, (2) to be followed by, an employee being permitted to bump into a classification within a different series. The latter bumping shall be based upon unit wide seniority and shall be limited to a classification in which the employee previously held regular status. No employee shall have the right to bump into a classification for which the employee does not possess the minimum qualifications such as specialized education, training or experience. 503.2 PROCEDURES. In the event the City Manager determines to reduce the number of employees within a Classification, the following procedures are applicable: (A) Temporary and probationary employees within any Classification shall. in that order, be laid off before permanent employees. 1 B 1 Emploveos within a Classification shall be laid off in inverse order of seniority. U7 (C) An employee subject to layoff in one Classification shall have the right to "Bump" a less senior employee in a lower ranking Classification within a Series. An employee who has 'Bumping Rights- shall notify the Department Director within three (3) working days after notice of layoff of his/her intention to exercise Bumping Rights. (D) In the event two or more employees in the same Classification are subject to layoff and have the same seniority, the employees shall be laid off following consideration of established performance evaulations. In the event at least one of the employees was not appointed from an eligibility list, the Department Director shall determine the employee(s) to be laid off. 503.3 NOTICE. Employees subject to lay-off shall be given at least thirty (30) days advance notice of the layoff or thirty (30) days pay in lieu of notice. In addition, employees laid off will be paid for all accumulated paid leave, holiday leave (if any), and accumulated sick leave to the extent permitted by the Personnel Resolution. 503.4 RE-EMPLOYMENT. Permanent and probationary employees who are laid off shall be placed on a Department re-employment list in reverse order of layoff. The re-employment list shall expire in 18 months. In the event a vacant position occurs in the Classification which the employee occupied at the time of layoff, or a lower ranking Classification within a Series, the employee at the top of the Department re-employment list shall have the right within seven (7) days of written notice of appointment. Notice shall be deemed given when personally delivered to the employee or deposited in the U.S. Mail, first class postage prepaid, and addressed to the employee at his or her last known address. Any employee shall have the right to refuse to be placed on the re-employment list or the right to' remove his or her name from the re-employment list by sending written confirmation to the Personnel Director. 503.5 EXPIRATION. This policy shall expire twelve (12) months after approval by the City Council, subject to earlier termination pursuant to a written agreement between the City and any recognized employee association. i i CIT SFI; naure Date NEWPORT BEACH EMPLOYMENT LEAGUE i Signature 64zi ---- Igna e ---- Signa "-=l='-"------- nature .:- ------------ Date —4rz ��Z5L Dat -aa- �!3 ------------- Date tr - Date