(A) An employee whose position was
abolished and elects to exercise displacement shall be placed in accordance
with the process outlined in paragraph (B) of this rule provided in all
instances that the employee meets the qualifications of the position, can
perform the required duties, and has met expectations in the last two annual
performance reviews. Employees who have not met performance expectations in the
last two annual performance reviews and who have been given expectations for
improvement or who cannot perform the required functions of the position into
which they would be placed do not have displacement rights.
(B) The process will occur as
follows:
(1) Placement into a
vacancy within the employee's classification and within the
employee's jurisdiction.
(2) Placement into a
vacancy within the next lower classification and each successively lower
classification in the employee's classification series.
(3) Placement into a
vacancy within the classification the employee held immediately prior to
holding the classification from which the employee was laid off, provided all
of the following are true:
(a) That the previous classification is of a lower or
equivalent classification;
(b) The employee had achieved certified status in the
former classification; and
(c) The employee held the classification within the
previous twelve months.
(4) If a vacancy exists
as described in this rule, but the employee does not meet the minimum
qualifications, has not met performance expectations, or cannot perform the
required functions of the vacancy, as determined by the office of human
resources, the employee will be laid off.
(5) If no vacancy exists
as described in this rule, the employee will displace the individual with the
fewest retention points in the classification from which they were laid off.
The placement will be made only if the employee meets the qualifications of the
position and can perform the required duties. If the employee does not meet
both of these requirements, the employee will be laid off.
(6) If the employee is
unable to displace due to having the fewest retention points in the
classification from which they were laid off, then the employee will be laid
off.
(C) If, after exercising displacement, an
employee is subject to further layoff action, displacement shall be in
accordance with the current or most recent certified classification, at the
discretion of the office of human resources.
(D) Employees shall notify the office of
human resources of their intention to exercise displacement within ten days
after receipt of notice of layoff.
(E) No employee shall displace another
employee or fill a vacancy if the position requires special minimum
qualifications, as established by a position description, classification
specifications, or by bona fide occupation qualifications, unless the employee
possesses the requisite minimum qualifications for the position and can perform
the required duties.
(F) If, as a result of layoff, placement
or displacement, an employee is serving in a new position or classification,
such employee shall be paid according to the target hiring range assigned to
the new position or classification.
(G) If an employee declines placement
into a vacant position for any reason, their displacement and reinstatement
rights cease immediately; this provision may be waived at the discretion of the
office of human resources.
(H) If for any reason an employee
declines to exercise their displacement rights into a position to which they
are entitled, their displacement and reinstatement rights cease
immediately.
