D R A F T ATTACHMENT 3-D

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Topic: LAYOFF-EXCEPTIONS TO SENIORITY Date Issued: 1/24/94

Section: LAYOFF PROVISIONS Date Revised: Pending

Number: VII.1.

PURPOSE:

To define administrative procedures providing for an exception to

seniority order for layoff purposes, when permitted.

LEGAL BASIS:

Middle-Management Memorandum of Understanding (MOU) Article 33.5

Civil Service Rules XII Layoff (Pending Board of Supervisors Approval)

POLICY:

I. Article 33.5 of the Middle-Management MOU provides that.....

an appointing authority may make an exception to retain an employee

who possesses essential skills, or the appointing authority may make

an exception to ensure that affirmative action gains are retained

provided however that the Middle-Management Employee Association and

the County agree to meet and confer at the earliest possible opportu-

nity concerning such an exception and to conclude the meet and confer

process within ten days unless both parties agree to an extension.

II. The Civil Service Rules XII Layoff relating to unrepresented employees

who or covered by Civil Service states:

(to be included upon approval)

III. In considering such requests, the following guidelines have been de-

veloped:

A. Essential Skills are:

Requirements that can only be met through license, education or a

minimum of 12 months experience.

XVII.1

Page 2 of 2 LAYOFF EXCEPTIONS TO SENIORITY

B. Affirmative Action Gains:

The County has determined that this provision of this MOU will

not be applied.

PROCEDURE:

I. Essential Skills

A. The department will make a written request to the Personnel Di-

rector stating the specific skills requiring retention in a class

within the department where an elimination of a position with an

incumbent is proposed.

B. The Personnel Director will make a determination of the appropri-

ateness of the request and will notify the department of the

decision.

C. For Middle Management Unit representation:

1. the Personnel Director will initiate discussions with the

Middle-Management Unit representation to meet and confer on

the effect of the layoff at the earliest possible date.

2. Meet and confer shall be completed in 10 days unless both

parties agree to an extension.

3. Appeals may be filed pursuant to the MOU.

D. For unrepresented employees in the classified service:

1. the Personnel Director will initiate discussions with the

department on the effect of the layoff and the individual

impacted will be notified.

2. An appeal of the Personnel Director's decision may be made

to the County Administrative Officer within 5 calendar days

of the notice by the Personnel Director. The County Admin-

istrative Officer shall consider the appeal and render a

decision at the earliest possible date. The decision of the

County Administrative Officer is final.

3. If the requesting department is the Personnel Department,

the request will be considered by County Counsel with ap-

peals to the County Administrative Officer as provided in

D.2. above.

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PAM1701 RFT F1 01/10/01