CITY OF PORTLAND

HUMAN RESOURCES

ADMINISTRATIVE RULES

EMPLOYEE MOVEMENT

LAYOFF & RECALL

Layoff Overview

A layoff is defined as the separation of an employee due to the elimination of a position, lack of funds or curtailment of work. Seniority and skills will be the deciding factor in determining the order in which employees are laid off.

In the event of a layoff, it is the goal of the City of Portland to minimize the negative impact on bureau operations. It is the intent of the City of Portland to maximize employment opportunities for potentially laid off permanent employees by offering the opportunity to accept part-time, seasonal and temporary positions, if available and appropriate. See Administrative Rule on Redeployment.

All layoffs must be in compliance with this Administrative Rule and labor contract provisions and must be approved by the Bureau of Human Resources.

Employees in positions exempt from Civil Service under Chapter 4 of the City Charter do not have layoff or recall rights.

Bureau Responsibility

Prior to completing a Notice of Layoff, the bureau director must consider:

1.  Transferring employees to vacancies within the bureau

2.  Eliminating vacant positions within the bureau; and/or

3.  Transferring employees within the bureau into positions held by temporary employees.

4.  Temporary employees in a classification within the bureau will be laid off prior to laying off a permanent employee.

To initiate a layoff, the bureau must complete a Notice of Layoff with supporting information and justification. The Notice of Layoff along with a completed Personnel Action Notice (PAN) shall be submitted to the Bureau of Human Resources for review. The notice must be submitted to the layoff coordinator at least 30 days prior to the target effective date of the pending layoff to provide the Bureau of Human Resources time to review the request, research the impact it will have on other employees in the same classification, and notify the affected employee(s).

Bureau of Human Resources Responsibility

After notification of an impending layoff, the Layoff Coordinator will consult a current bureau Seniority by Job Class Report to determine the impacted employee's seniority in their current classification utilizing the Human Resources Administrative Rules and any labor contract provisions that may apply. The Director of Human Resources will resolve questions arising with regard to employees’ seniority date or status.

After a layoff request is approved, the Bureau of Human Resources will provide written notice to the impacted employee as far in advance of the effective date of the layoff as possible. At that time, the employee will be given an Election of Options form notifying the employee of their bumping or layoff options. The employee has two (2) working days to return the Election of Options Form to the Layoff Coordinator. If no response is received from the employee of their choice within the two (2) working days, it shall be assumed the employee has chosen to be laid off.

Seniority

Definition

For the purpose of layoff, seniority shall mean the length of service in a permanent appointment to a specific job class. Seniority begins on the date of permanent appointment to that class and shall include all time on approved paid leaves of absences. An officially approved absence from duty without pay because of military leave, Family Medical Leave, or injury in the line of duty shall also be included in determining seniority.

Effect of Dismissal or Resignation on Seniority

Dismissal or voluntary resignation cancels all accrued seniority and if on the Layoff List, their name will be removed and all recall rights canceled. Demotion (voluntary or disciplinary) from a class cancels seniority entitlement to that class except as defined in the Administrative Rule on Reinstatement. An employee returning from medical layoff shall be entitled to retain his/her seniority.

Accrual of Seniority

In order to accrue seniority in any classification, an employee must have been permanently appointed to that classification from an eligible list, training plan or demotion or have been granted status through a classification action. No seniority is accrued by virtue of having performed the work of, or being qualified for appointment to, a classification. Placement on an eligible list, without permanent appointment to a classification, does not result in seniority accrual, nor does temporary appointment to a classification. Persons serving in premium pay assignments or who receive special pay assignments do not accrue seniority in these assignments.

Employees will not lose seniority in one class by accepting permanent appointment to another class where the maximum pay is equal to or greater than the class from which the employee transferred. In such cases the employee will continue to accrue seniority in the classes previously held under permanent appointment.

Seniority will also continue to accrue in a class where the employee has permanent status while the employee is temporarily filling a position in another class. This also applies to working out of classification and to appointment to a position exempt from the classified service.

Seniority for permanently appointed employees in permanent part-time and job share positions will be prorated on the basis of regular hours worked.

Bumping

All bumping is restricted to within the employee's own bureau and cannot be used to displace an employee outside that bureau. The following entities are recognized independently as “bureaus” for the purposes of bumping;

1.  Bureau of Environmental Services

2.  Bureau of Financial Management

3.  Bureau of Financial Planning

4.  Bureau of Human Resources

5.  Bureau of Information Technology

6.  Bureau of Communication & Networking

7.  Bureau of General Services

8.  Bureau of Purchases

9.  Bureau of Police

10.  Bureau of Fire, Rescue and Emergency Services

11.  Bureau of Water Works

12.  Bureau of Parks & Recreation

13.  Bureau of Licenses

14.  Bureau of Housing and Community Development

15.  Bureau of Planning

16.  Bureau of Emergency Communications

17.  Office of Neighborhood Involvement

18.  Office of Sustainable Development

19.  Office of Cable Communications and Franchise Management

20.  Office of the City Attorney

21.  Office of the Chief Administrative Officer

22.  Office of Planning and Development Review

23.  Office of Transportation

24.  Office of Government Relations

25.  Auditor’s Office

An employee may not bump into a classification with a higher maximum salary.

A permanent part-time employee shall not displace a full-time employee in bumping or in recall.

An employee who is scheduled for layoff that is authorized and chooses to bump instead, shall bump as follows, providing they are qualified to perform the work;

1.  to any declared vacancies in the impacted employee's current classification within their bureau; if none

2.  to any positions in the impacted employee's current classification within their bureau occupied by a temporary employee; if none

3.  to the position with the least seniority in the current classification within the impacted employee's bureau; if none

4.  to the least senior position in the classification the impacted employee held permanent status in before they were promoted to the classification in which they are being laid off within the bureau in inverse chronological order.

5.  At the full-time impacted employee's option, into a limited term, part-time, or job share position in the employee's current classification within their bureau, in the bumping sequence. However a full-time impacted employee is not required to accept anything that is not full time.

If the impacted employee cannot be reassigned within their bureau, the Bureau of Human Resources will make an effort Citywide to re-deploy the impacted employee into an existing vacant position in their current classification, provided the employee is qualified to perform the work. The employee has no guarantee however, of a position in another bureau. See Administrative Rule on Redeployment.

If no position has been located within the bureau, or any vacancies identified Citywide by the effective date of the layoff, the impacted employee will be placed on the Layoff List for their current classification to be recalled in order of seniority to vacancies in their laid off classification Citywide.

Any employee who is bumped by a more senior employee shall have the same right to declared vacancies or bumping of less senior employees in previous classifications as provided in this rule.

Employees who bump will not be required to serve another probationary period unless they have not completed their initial probationary period.

Employees in positions exempt from Civil Service under Chapter 4 of the City Charter have no bumping rights.

Exceptions to Bumping

Order

Upon written documentation by the bureau and approval of the Director of Human Resources that the bumping employee does not possess the skills required to perform the duties of the position held by the least senior employee, the Director may authorize the bumping employee to displace the next least senior employee. This may continue in sequential order as necessary until the Director determines that the bumping employee has the required skills to perform the duties of the position after a reasonable period of orientation.

Specialty Classifications

Specialty classifications shall be handled in the layoff process as if they were separate classifications. Bumping rights of employees are restricted to positions within the same specialty.

A selective certification, to fill a Bureau's immediate needs for unique skills is not the same as a specialty classification. Employees in positions based on selective certification may bump into other positions in the same classification, and may be bumped by someone in that same classification with more seniority, provided, in either case, they are qualified to do the work.

Tied Seniority

If two employees possess the same seniority date, a tie in classification seniority shall be broken and greater seniority determined by:

1.  Highest score/rank on the eligible list from which the appointment was made; if a tie still remains, then

2.  Total length of service with the City; if a tie still remains, then

3.  SIGMA will be utilized to randomly assign seniority.

Employees Not Bumping

If the impacted employee opts not to bump, at his/her discretion, he/she will be placed on the Layoff List for their current classification and will be recalled in order of seniority to vacancies in their current classification Citywide. A confirmation letter will be sent to the employee confirming their choice not to bump.

Layoff Lists

The Bureau of Human Resources will maintain a list of employees who have been laid off in each bureau. Each impacted employee who is placed on a list is responsible for providing the Bureau of Human Resources with his/her current mailing address and phone number(s) and will be recalled, in seniority order, to declared vacancies as they become available. Employees shall be placed on a Layoff List for the classification from which the layoff occurred in order of seniority:

1.  for a period equal to the length of their total City service, but in no event less than three (3) years or more than five (5) years; or

2.  until recalled to the classification from which layoff occurred, or removal as defined in the "Recall From Layoff" section of this rule, providing in no event will an employee remain on the Layoff List for more than five years.

An employee on the layoff list shall be recalled, in order of seniority, except when the employee lacks a specific skill or knowledge required for the position. If an employee is not recalled due to lack of specific skill or knowledge, the bureau is required to state in writing what qualification(s) the laid off employee lacks for approval by the Director of Human Resources.

If approved, the employee will remain on the Layoff List for certification to the next declared vacancy during his/her term of eligibility.

Outplacement Services

Outplacement services may be available to assist employees who are facing a layoff.

If layoffs become necessary, employees will be given information about available outplacement services.

Recall From Layoff

The names on the Layoff List will be certified to the bureau one at a time in seniority order. A person on a layoff list who refuses a bonafide offer of re-employment from the City will be removed from the list. Should the individual refuse an offer of employment, the next name on the Layoff List will be sent to the bureau. When no further names remain on the Layoff List, names from an eligible list will be given to the bureau.

The Bureau of Human Resources will notify the individual by mail when his/her name has been given to a bureau. The letter will inform the employee of the following:

1.   The classification in which he/she has been certified,

2.  The length of time he/she has to inform the Bureau of Human Resources whether employment will be accepted or rejected,

3.  An explanation of his/her rights of refusal, and

4.  An indication of consequences if recall is refused.

The Bureau of Human Resources must document efforts to contact the laid off employee. If a bureau is unable to reach a laid off employee by telephone, a certified letter is required.

If an employee recalled from the Layoff List has current obligations to another employer that reasonably precludes the individual from immediately returning to City employment, a waiver may be approved at the discretion of the Director of Human Resources. If the waiver is approved, the individual's name will remain on the Layoff List.

Administrative Rule History

Adopted by Council March 6, 2002

Effective April 5, 2002