CHAPTER 17

Layoff Avoidance Measures, Layoffs, and Post Layoff

 

Section 1 - General

 

17.1     Uniform Application

 

These rules shall apply uniformly to all employees in the affected organizational unit, as defined by Rule 1.21.1.  

 

17.2     A written plan for a layoff avoidance measure shall be submitted to the Director for approval in accordance with these rules prior to the effective date of implementation of the plan.  A written plan for a layoff shall be submitted to the Director at least two calendar weeks prior to the effective date of the layoff.  The appointing authority shall certify that the agency does not have sufficient funds to continue current operations without implementation of a layoff or layoff avoidance measure.  The Director may:

 

(a)        approve the plan;

            (b)        disapprove the plan; or           

(c)        refer the plan directly to the Commission for consideration at its next regularly-

            scheduled meeting.

 

17.3     For rational business reasons, the appointing authority may request exceptions to these rules.  Justification for exceptions must be in writing as a part of the layoff or layoff avoidance plan.

 

(a)        The Director or the Commission may approve exceptions to Layoff Avoidance Measures.  

(b)        The Commission may approve exceptions to the Layoff Rules for rational business reasons.  The Director may grant interim approval to exceptions to the Layoff Rules subject to ratification by the Commission at its next regularly- scheduled meeting. 

 

17.4     Permanent employees who are negatively impacted by the application of these rules may have the right to file an appeal to the Civil Service Commission in accordance with Chapter 13.