2.15.080 Termination of employment.

A. Reasons For.

1. An employee who desires to resign in good standing shall submit a resignation in writing to the department head at least two weeks in advance of the intended resignation date.

2. Whenever it becomes necessary to reduce the number of employees because of lack of work, lack of funds, or in the interest of economy, the supervisor shall recommend, and the general manager shall approve, the specific positions to be discontinued. Factors such as competency and efficiency of employees may be considered if the standard by which these factors can be measured is specified. (See subsection (B) of this section.)

In case of termination of an officer or regular employee of the district through no fault of their own, and who has been employed for over one continuous year, termination pay equivalent to one biweekly salary payment shall be made to the employee. Resignation or dismissal for cause shall not entitle an employee to any termination payment.

3. Termination pay shall be issued or mailed the day of termination if stores clearance is possible. Without stores clearance the check is held until clear or is issued with stores values deducted.

4. Resignation pay will normally be paid on the last day worked, if the district has been given 72 hours’ notice and clearance through human resources has been completed.

5. Dismissal pay will be issued or mailed within the work day of the dismissal, but no later than the regular work day following the date of dismissal provided clearance through human resources has been completed.

B. Reduction in Force. The district has no plans to implement furloughs during this contract. If there is a change, the district will give notice to the recognized employee organization that represents the affected classifications 30 days in advance to meet and confer.

1. The district will act in accordance with the following procedure if it becomes necessary to reduce staff because of lack of work, lack of funds, or economic reasons.

a. When it becomes necessary to reduce the work force (layoff), the general manager shall designate the job classification(s) to be affected and the number of employees to be eliminated.

b. Any reduction in the number of regular employees holding a job classification designated by the general manager for layoff shall be made in the following order of employment status:

i. Temporary employees who have been hired less than full time or are from an outside agency performing duties of the affected classification.

ii. Probationary employees who have not completed the initial probationary period.

iii. Regular employees who have completed their initial probationary period.

c. Layoffs of employees within each classification shall be based primarily on the most recent date of hire, with the least senior employee being laid off first. An employee may be laid off out of seniority when a less senior employee possesses essential skills necessary to the operation of the department or classification, that the more senior person does not possess, subject to the approval of the human resources director. Factors such as competency and efficiency of employees may be considered if the standards by which these factors can be measured is specified. Employees laid off out of seniority shall be given written notice of this action.

Seniority shall be defined as the length of an employee’s continuous service with the district counted from the most recent hire date. An employee shall lose seniority by:

i. Voluntary resignation.

ii. Discharged for cause.

iii. Layoff for economic reasons.

d. The general manager shall give notice to the recognized employee organization that represents the affected classifications at least 60 days prior to the effective date of the action. The list shall include a seniority list of employees that will be affected. The official notice shall be given to the employees from the general manager and shall include:

i. The reason for the layoff.

ii. The effective date of the layoff.

iii. If laid off out of seniority, the reasons.

e. An employee who has received an official notice will be allowed to apply for any open position that has been approved by the general manager for which they are qualified. Employees will be screened by human resources to ensure applicants have the necessary skills, knowledge, and abilities to qualify for a position.

f. Prior to the effective date, the general manager will give each affected employee a letter stating that the layoff was due to a reduction in force.

g. Affected employees shall be eligible for recall, if the district has a need to refill the previously affected classification, for 12 months after the effective date of the layoff. Eligible employees will be considered for recall based on the district’s needs and individual skill, knowledge and other factors the district normally considers in selecting individuals for positions. Affected employees will be treated as internal candidates, during the first 12 months after the effective date, and may apply for any posted internal positions.

Laid off employees rehired within 12 months of the layoff to any classification shall be entitled to:

i. Restoration of all sick leave credited to the employee’s account on the day of layoff.

ii. Restoration of all hours of floating holiday credited to the employee’s account on the day of layoff.

iii. Continuation of seniority with no break.

iv. Credit for all service prior to the layoff for purposes of determining the rate of accrual of vacation and longevity with no break.

h. In the case of layoff of a regular employee of the district through no fault of their own, and who has been employed for over one continuous year, severance pay equivalent to one biweekly salary payment shall be made to the employee. Resignation or termination for cause shall not entitle an employee to severance payment. (Ord. 1425.9 § 8, 2017)