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HomeMy WebLinkAboutORD-2010-041 Amendment to Article IX, Section 3.2, Reduction in Force of the Orange County Personnel OrdinanceArticle IX Separation and Disciplinary Action 3.0 Procedure 3.2 Reduction-in-Force ~Tf /D o,Q,p-adlo•a~'1 'y~ Effective 06/01/10 It is the policy of the County to maintain as stable an employment workforce as possible. In the event that the Board of County Commissioners determines a reduction in force is necessary such as for a shortfall in funds, shortage of work, abolishment of a position or other material change in duties of the organization, the County Manager, or other hiring authority, may separate an employee. 3.2.1 Retention of employees in the affected classes shall be based on systematic consideration, and at a minimum the following factors shall be considered: the type of appointment, the length of service, the relative efficiency, and actual or potential adverse impact on the diversity of the work force. 3.2.2 When a Reduction in force is necessary, the County Manager shall develop a reduction plan. The plan shall document the reasons for the reduction in force, the factors considered in deciding the particular course of action, and the specific positions scheduled for abolishment or redesign. 3.2.3 The duties performed by an employee laid off may be reassigned to other employees already working who hold positions in appropriate classes. No permanent employee (those who have satisfactorily completed a probationary period) will be laid off while another person is employed in the same or related class in a temporary, probationary or a trainee position, unless the permanent employee is not willing to transfer to the position held by the non-permanent employee, or the permanent employee does not have the knowledge and skills required to perform the work of the alternate position within a reasonable period of orientation and training given to any new employee. 3.2.4 To avoid possible layoffs, the County Manager, or other hiring authority, shall be authorized to develop appropriate alternatives to the reduction in force that improve or maintain County services. Possible alternatives to the reduction in force include, but are not limited to, transfer or reassignment of employees to vacant position within the County in the same, related or lower class, separation of employees in temporary, probationary or trainee positions, eliminating overtime hours, job sharing, and reducing work hours. 3.2.5 Length of services is defined as length of service with Orange County and includes any time in which the employee may have been deployed on Military Leave as described in Article IV, Section 15 of this Personnel Ordinance while with Orange County. 3.2.6 Notice. Employees who are to be laid off because of a reduction in force will be notified in writing as soon as practicable, and in any event, they will be notified at least thirty (30) days prior to the anticipated date of the layoff. 3.2.7 The County Manager will develop written Administrative Regulations for the reduction in force that meets the County needs and provides for a reduction in force in a systematic manner. oR~p-a~~a ~~s~l ,4c~r~a ~h Interlocal agreement subject to approval by the County Attorney. If grant funds are not received, a modified proposal may be developed for subsequent Board consideration. Commissioner Jacobs said that he would like to see the agreement before it is executed. VOTE: UNANIMOUS b. Amended Article IX, Section 3.2 Reduction In Force of the Orange Coun Personnel Ordinance The Board considered approving an amendment to the Orange County Personnel Ordinance Article IX, Section 3.2, Reduction in Force ("RIF"). Human Resources Director Michael McGinnis was with Staff Attorney Annette Moore and Organizational Development Manager Katherine Cathey from Human Resources. He said that the County Commissioners have the most recent revision of a draft for rules and regulations related to this item. He said that a reduction in force has been and will remain a last resort. He said that all have been working closely with the Manager with options to avoid RIF. He said that they have put together another retirement incentive and they are looking. at eliminating vacant positions. The policy has not been amended since its inception. The language in the current policy is limited and vague. Attachment 2 included the new language for the policy. He said that the new language does not change the Board of County Commissioners' authority to determine whether or not there should be a reduction in force, but it holds the Manager capable and responsible for developing the process by which that would occur. Frank Clifton said that the problem with not having a policy is that if the State acts after the Board of County Commissioners adopts its budget and if there needs to be further reductions, then this will allow the Board to move forward with this option. He said that he will present a balanced budget by the middle of May and it will probably not make anyone happy. Commissioner Gordon made reference to the first sentence in 3.2.3 and said that the statement, "layoffs that improve or maintain County services," is confusing. It sounds like the layoffs have something to do with improving or maintaining County services. Annette Moore suggested the following language:. "The County Manager, or other hiring authority, shall be authorized to develop appropriate alternatives to layoffs." Commissioner Yuhasz suggested taking the phrase, "to avoid possible layoffs," and begin the sentence with that phrase. The Board agreed. Commissioner Jacobs thanked the staff for giving staff more notice of a reduction in force. Annette Moore said that this makes it consistent with the State policy. Commissioner Jacobs made reference to the front of Attachment 2, IV-B, and the last line, "eliminating overtime hours, job sharing, and reducing work hours." He asked about the ordinance that was changed last year regarding furloughs. Annette Moore said that furloughs could be an alternative, mandatory or voluntary. It is one of the tools that the Manager can use. A motion was made by Commissioner Hemminger, seconded by Commissioner Yuhasz to approve an amendment to the Orange County Personnel Ordinance Article IX, Section 3.2, Reduction in Force ("RIF"), as amended. VOTE: UNANIMOUS 8. Reports -NONE 9. County Managef's Report Frank Clifton said that they are continuing to work on the budget as they move forward toward May.. He said that there was a department head retreat last week and they brought in A-f-~a~hm~errrr .~.._ ~'~~ - aol~ - o~--I Orange County Personnel Rules and Regulations Manual Effective Date: 5/1/2010 3 ~.xo ~ a.,oiD Article IX, Section 3.2 Reduction in Force L ORDINANCE ~b 3.2 It is the policy of the County to maintain as stable an employment workforce as possible. In the event that the Board of County Commissioners determines a reduction in force is necessary such as for a shortfall in funds, shortage of work, abolishment of a position or other material change in duties of the organization, the County Manager, or other hiring authority, may separate an employee. 3.2.1 Retention of employees in the affected classes shall be based on systematic consideration, and at a minimum the following factors shall be considered: the type of appointment, the length of service, the relative efficiency, and actual or potential adverse impact on the diversity of the work force. 3.2.2 When a Reduction in force is necessary, the County Manager shall develop a reduction plan. The plan shall document the reasons for the reduction in force, the factors considered in deciding the particular course of action, and the specific positions scheduled for abolishment or redesign. 3.2.2 The duties performed by an employee laid off may be reassigned to other employees already working who hold positions in appropriate classes. No permanent employee (those who have satisfactorily completed a probationary period) will be laid off while another person is employed in the same or related class in a temporary, probationary or a trainee position, unless the permanent employee is not willing to transfer to the position held by the non-permanent employee, or the permanent employee does not have the knowledge and skills required to perform the work of the alternate position within a reasonable period of orientation and training given to any new employee. 3.2. The County Manager, or other hiring authority, shall be authorized to develop appropriate alternatives to the reduction in force to ,void possibly la offs that improve or maintain County services. Possible alternatives to e reduction in force include, but are not limited to, transfer or reassignment of employees to vacant position within the County in the same, related or lower class, separation of employees in temporary, probationary or trainee positions, eliminating overtime hours, job sharing, and reducing work hours. 3.2.4 Length of servic~s defined as length of service with Orange County and includes any time in which the employee may have been deployed on Military Leave as described in Article IV, Section 15 of this Personnel Ordinance while with Orange County. Issue Date: July 1, Zoos Draft Page 1 Orange County Personnel Rules and Regulations Manual Effective Date: 5/1/2010 4 3.2.5 Notice. Employees who are to be laid off because of a reduction in force will be notified in writing as soon as practicable, and in any event, they will be notified at least thirty (30) days prior to the anticipated date of the layoff. 3.2.6 The County Manager will develop written Administrative Regulations for the reduction in force that meets the County needs and provides for a reduction in force in a systematic manner. Issue Date: July 1, Zoos Draft Page 2 Orange County Personnel Rules and Regulations Manual Effective Date: 5/1/2010 II. AUTHORITY The purpose of this rule is to implement and give effect to Article IX, Section 3.2 of the Orange County Personnel Ordinance, Reduction in Force. These Administrative Rules and Regulations provide for consistent application of the Ordi nee Personnel to Orange County employees. III. PURPOSE It is the policy of the County to maintain as stable an employment workforce as possible. However, whenever the Board of County Commissioners determines that positions are no longer required or fimds will not support certain positions, the Board may authorize the County Manager, or other hiring authority, to separate employees. As a result, the County Manager, or other hiring authority, may develop Reduction in Force Plan that includes appropriate alternatives to avoid possible layoffs. Retention of employees in classes affected shall be based on systematic consideration. IV. ADMINISTRATIVE RULES AND REGULATIONS A. A Reduction in Force ("RIF") occurs when management determines the following: 1. The need exists to consolidate, reorganize, or abolish programs or orgai~iizational units with a resulting loss of one (1) or more permanent positions; 2. The need exists to redesign the duties and responsibilities of a permanent position so materially that the changed classification and qualifications render the incumbent unqualified for the redesigned position; or 3. The abolishment of positions is required by the Orange County Board of Commissioners. B. Alternatives to the Reduction in Force. The County Manager, or other hiring authority, shall consider all feasible alternatives to a RIF separation of employees prior to separating employees in permanent position including, but not limited to separation of employees in temporary, probationary or trainee positions, reassignment or transfer of employees into to vacant positions within the County in the same, related or lower class; eliminating overtime hours, job sharing and reducing work hours. C. Reassignment or Transfers. When management reassigns or transfers a position to another program, work unit and/or Department with no subsequent change in classification or salary grade, the employee currently in the position will be reassigned or transferred with the position. Position reassignments or transfers are not considered RIF, and are, therefore, excluded from the provisions of the policy. D: Reduction Plan. If after all alternatives are considered a RIF is still necessary, ether than when the reduction of specific positions is mandated by the Board of Conunissioners, the County Manager shall develop a Countywide RIF Plan. The Plan shall document the reasons for the RIF, the factors considered in deciding a Issue Date: July 1, zoos. Draft Page 3 Orange County Personnel Rules and Regulations Manual Effective Date: 5/1/2010 particular course of action, and the specific positions scheduled for abolishment or redesign of positions. The following factors maybe addressed in the development of a reduction plan: 1. Impact on Program Objectives 2. Impact on Service Delivery 3. Funding Sources and Budget guidelines 4. Potential adverse impact on employees protected under state and federal equal employment opportunity provisions 5. Possible redistribution of staff and other resources 6. Composition of the affected work force 7. Economy and efficiency E. Department RIF Plan. Department Directors shall provide a plan that identifies potential programs, work units, positions or classes of position that may be reduced to assist the County Manager in developing the Countywide RIF Plan. Once programs and position to be reduced are identified, the Department Directors with affected positions, using the criteria in Section F below, shall provide a recommendation to the County Manager of which employees will be retained and which will be laid off. The RIF Plan will be forwarded to the Human Resources Director for further review. The Department RIF Plan shall include the following elements: 1. A copy of the reduction plan, 2. A list of the employees scheduled for separation and their appointment status; and 3. The anticipated effective date(s) of such separations. F. Separation of Employees. Implementation of a reduction plan requires the involuntary separation of employees with permanent appointments, the following factors shall be considered: 1. Type of appointment shall be the first determining factor when separating employees. No employee with a permanent employee appointment in an affected classification shall be separated while there are employees who are either temporary, probationary or trainees in their initial six months of training working in the same classification any place in the Department or work unit implementing the RIF. 2. Length of service shall be applied after type of appointment and shall be defined as total county service according to this Personnel Ordinance. An employee with less seniority shall be separated before a more senior employee in the same classification unless there is a documented material difference in the employee's relative efficiency. When the length of service of two (2) or more employees in the affected classification is equal, separation decisions shall be based on relative efficiency as defined below. 3. Relative efficiency shall be determined from the review and comparison of employees' performance evaluations on record for the last completed Issue Date: July 1, zoos Draft Page 4 ~e~1 aces ~e. 7~ f'rgcv~.d.~ ~4~ ~. b . carree.h~r~ -tb ~ b~ +-b-ts ~ . Orange County Personnel Rules and Regulations Manual Effective Date: 5/1/2010 equal, sepazation decisions shall be based on relative efficiency as defined below. 3. Relative efficiency shall be determined from the review and comparison of employees' performance evaluations on record for the last completed work cycle and from any formal disciplinary action brought against the employee during the preceding 12 months. G. The Human Resources Department will review the RIF Plan with the list of affected employees and determine if there is any potential adverse impact on employees protected under state and federal equal opportunity provisions. The Director of the Human Resource Department shall notify the County Manager, or other hiring authority, of any potential adverse impact on employees. H. Notice to Employees. After the Boazd of County Commissioners approves the RIF Plan, the Human Resources Department shall give all affected employees scheduled for sepazation written notice of the reduction in force at least thirty days in advance of the date of separation. In the case of cazeer state employees, such notice shall include information on their priority consideration status and applicable appeal rights. The notice shall include the anticipated effective date of separation. The employee notice shall be given as soon as possible but not less than 30 calendaz days before the scheduled separation date. The Department Director of the affected employees shall also receive a copy of the notice. Concurrent with or subsequent to presenting the notice to the employee, the appropriate Department Director shall discuss with the employee scheduled for separation the reasons for the action and the employee's rights and responsibilities under this policy. I. Vacation Leave. An employee may elect, subject to approval by the County Manager, to exhaust vacation leave after their last day of work or be paid in a lump sum for the balance not to exceed 240 hours. If an employee had over 240 hours of vacation leave at the time of reduction in force, the excess leave shall be reinstated if the employee is reemployed within one yeaz. J. Sick Leave. Employees sepazated due to reduction-in-force shall be informed that their sick leave shall be reinstated if employed in the County within five yeazs. K. Appeal of RIF Sepazation: The sole issue in an appeal of a RIF sepazation is whether the sepazation is based on alleged discrimination on account of the employee's age, sex, race, color, national origin, religion, political affiliation, or handicapping condition. Such an appeal may be made through the County's Grievance Procedures. This Policy will be effective: Frank W. Clifton, County Manager Issue Date: July i, Zoos Draft Page 5 D~.C9 d2D~D - o ~''/ ~.~ -~~ ~~ Interlocal agreement subject to approval by the County Attorney. If grant funds are not received, a modified proposal may be developed for subsequent Board consideration. Commissioner Jacobs said that he would like to see the agreement before it is executed. VOTE: UNANIMOUS b. Amended Article IX. Section 3.2 Reduction In Force of the Orange County Personnel Ordinance The Board considered approving an amendment to the Orange County Personnel Ordinance Article IX, Section 3.2, Reduction in Force ("RIF"). Human Resources Director Michael McGinnis was with Staff Attorney Annette Moore and Organizational Development Manager Katherine Cathey from Human Resources. He said that the County Commissioners have the most recent revision of a draft for rules and regulations related to this item. He said that a reduction in force has been and will remain a last resort. He said that all have been working closely with the Manager with options to avoid RIF. He said that they have put together another retirement incentive and they are looking at eliminating vacant positions. The policy has not been amended since its inception. The language in the current policy is limited and vague. Attachment 2 included the new language for the policy. He said that the new language does not change the Board of County Commissioners' authority to determine whether or not there should be a reduction in force, but it holds the Manager capable and responsible for developing the process by which that would occur. Frank Clifton said that the problem with not having a policy is that if the State acts after the Board of County Commissioners adopts its budget and if there needs to be further reductions, then this will allow the Board to move forward with this option. He said that he will present a balanced budget by the middle of May and it will probably not make anyone happy. Commissioner Gordon made reference to the first sentence in 3.2.3 and said that the statement, "layoffs that improve or maintain County services," is confusing. It sounds like the layoffs have something to do with improving or maintaining County services. Annette Moore suggested the following language: "The County Manager, or other hiring authority, shall be authorized to develop appropriate alternatives to layoffs." Commissioner Yuhasz suggested taking the phrase, "to avoid possible layoffs," and begin the sentence with that phrase. The Board agreed. Commissioner Jacobs thanked the staff for giving staff more notice of a reduction in force. Annette Moore said that this makes it consistent with the State policy. Commissioner Jacobs made reference to the front of Attachment 2, IV-B, and the last line, "eliminating overtime hours, job sharing, and reducing work hours." He asked about the ordinance that was changed last year regarding furloughs. Annette Moore said that furloughs could be an alternative, mandatory or voluntary. It is one of the tools that the Manager can use. A motion was made by Commissioner Hemminger, seconded by Commissioner Yuhasz to approve an amendment to the Orange County Personnel Ordinance Article IX, Section 3.2, Reduction in Force ("RIF"), as amended. VOTE: UNANIMOUS 8. Reports -NONE 9. County Manager's Report Frank Clifton said that they are continuing to work on the budget as they move forward toward May. He said that there was a department head retreat last week and they brought in