§ 28-10. Separations.

(a)

Types of separation from the classified service. Separations from positions in the classified service shall be designated as one of the following:

(1)

Resignation.

(2)

Abandonment of job.

(3)

Layoff or reduction in force.

(4)

Inability to perform the essential functions of the position even the reasonable accommodation.

(5)

Loss of a job requirement necessary to perform the essential functions of the position.

(6)

Dismissal or discharge.

(7)

Retirement.

(8)

Death.

(b)

Resignation. An employee shall submit to the department head written notice of resignation at least 14 days in advance of the date of resignation. Immediately upon receipt of such notice of resignation, the department head shall forward the same to the city administrator. Failure to comply with this rule shall be entered on the service record of the employee.

(c)

Abandonment of job.

(1)

An employee, not on authorized leave of absence, who fails to report for work for three consecutive days may be terminated from the service of the city for job abandonment.

(2)

Any employee terminated for job abandonment shall have the right of appeal to the city council in the manner set forth in section 28-12.

(d)

Layoff or reduction in force. Any involuntary separation not related to an employee's conduct shall constitute a layoff or reduction in force.

(1)

Reasons for. Any employee may be laid off because of shortage of funds or work, abolishment of the position, material changes in the duties or organization, or related reasons beyond the employee's control which do not reflect dissatisfaction with the service of the employee. The duties previously performed by any laid-off employee may be reassigned to other employees holding positions in appropriate classes.

(2)

Notice to department head. Whenever the layoff of any employee shall become necessary, the city administrator shall notify the department head at least 15 calendar days in advance of the intended action, of the necessity for such layoff and the reasons therefor. The department head shall thereupon recommend to the city administrator the names and job titles of the employees to be laid off and the order in which such layoff shall be affected.

(3)

Order of layoff. Should it become necessary to reduce the number of employees within a given class in any department, such employees shall be laid off on the basis of the following two factors to be weighted equally: length of service in class and length of service with the city. If an employee believes that an error has been made in determining layoff order, he may request an administrative review by the city administrator.

(4)

Special cases. Should a department head determine that the retention of a certain employee is essential to effective operation because of the fact that such employee possesses special skills or ability, and should the department head wish to retain such employee in preference to another with a higher rating, then the department head shall submit a written request to the city administrator. Such notification shall set forth in detail the specific skills and abilities possessed by the employee and the reasons why such employee is essential to effective operation. With the approval of the mayor and city council, the individual may be retained.

(5)

Notice to employees. Regular employees to be laid off shall be notified in writing by the city administrator at least 14 calendar days prior to the effective date of the layoff.

(6)

Demotions. Any regular employee scheduled to be laid off shall have the right to be demoted to a lower classification, provided that a vacancy exists and such employee is qualified to fill the position in the lower classification.

(7)

Reemployment list. Former employees who were separated from the city service by layoff and desire to be considered for reemployment with the city will be placed on the reemployment list. Such persons may remain on the reemployment list for a period not to exceed one year.

a.

Former employees will be listed by seniority in terms of service as defined in this section and will be offered reemployment for the first vacancy that becomes available in the same classification in which they were employed at the time of separation. All employees appointed to a position in this manner will serve the stated probationary period for that position; if said employee does not complete the probationary period he will be separated from the city service without the right of appeal.

b.

A person on the reemployment list may voluntarily accept a position at a lower classification level than his former position.

c.

If a person placed on the reemployment list does not accept the first offer for reemployment in a position having the same classification as the one held at the time of separation, he will be removed from the reemployment list. Such persons will no longer have guarantee of reemployment rights when a vacancy occurs, but may be considered for reemployment on the same basis as other applicants.

(e)

Inability to perform. If an employee suffers from a physical or mental disability which prevents him from performing the essential functions of the position, even with reasonable accommodation, the employee is subject to termination for inability to perform the job. The employee will cooperate with the employer to determine the limitations imposed by the disability and to design accommodation for the essential functions of the job. Termination due to an inability to perform essential functions shall be subject to an appeal pursuant to section 28-12.

(f)

Loss of job requirements. Any employee who is unable to perform the essential functions of his job adequately because of loss of a necessary license or other necessary requirement may be separated from employment based upon recommendation of the department head and approval of the city administrator.

(g)

Dismissals. Dismissals shall constitute discharges or separations for just cause and shall be governed by the provisions of section 28-11.

(h)

Retirement. The retirement of an employee shall consist of the voluntary separation of an employee who has met the requirements of age and length of service under the laws governing any applicable pension fund of which such employee may be a member.

(i)

Death. Separation shall be effective as of the date of death of the employee. All compensation, including annual leave pay, due to such employee, as of the effective date of separation, shall be paid to the beneficiary of the employee, the surviving spouse of such employee, or to the estate of such employee, as may be determined by law or by the applicable executed documents in the personnel folder of such employee.

(Code 1985, § 3-910)