§ 14-142. Reemployment list; reappointment; restoration of sick leave and vacation accruals.

The names of persons officially filling regular civil service positions at the time such positions are abolished and who have performance rating scores of acceptable or higher shall be placed on a reemployment list and shall remain on this list for a period of one year. When vacancies occur in positions with the same classification or any other classification which is determined by the director to require equivalent job skills within the same or any other department, except as provided below the last one or ones laid off shall be the first reappointed, and no other names shall be certified for those classifications until the one or ones laid off have been given a reasonable opportunity to accept reemployment with the city. Nothing herein shall be construed as a guarantee of reemployment.

(1)

For any instance in which there exists a reemployment list for a classification, and if an employee has been or will be voluntarily or involuntarily demoted to that classification within the department or if a qualified employee with a disability must be transferred to a vacant position in that classification as an accommodation of last resort, the department director may request and the commission may approve the certification of the employee to a position within that classification and thereby reject placement of those on the reemployment list.

(2)

In any instance in which the reemployment list for a given classification contains employees who before the layoff did not work within the department in which they would be reemployed, the department director may request and the commission may approve the certification of only those employees on that reemployment list who worked in that department at the time they were laid off, and thereby reject all employees on the reemployment list who were not employed in that department at the time they were laid off. If vacancies that the department seeks to fill still exist after certification of all those employees who worked in the department at the time they were laid off, then for those remaining vacancies the last employees laid-off in that classification within any other department shall be the first reemployed.

(3)

In any instance in which the duties assigned to a classification within a department will require the performance of different work functions, which vary as to tasks performed, equipment operated, or in any other manner that affects the transferability of persons between the functions, and any one or more employees on the reemployment list were, before the layoff, either:

a.

Selected for employment or promotion to the same or similar work functions on the basis of different formal education qualifications, professional licenses, or specialized technical training, or

b.

Given specialized training, whether of a formal or on-the-job nature, while employed by the city that substantially meets the needs of the work functions to be performed in the department where reemployment of employees based strictly on their numerical position on the reemployment list would, in the opinion of the department director, require the retraining, licensing, or additional education of any one or more employees on the reemployment list to effectively staff those activities of the department that will be performed, then the department director may request that the commission reject one or more employees on the reemployment list. The commission may reject the employee(s) based on the director's opinion:

[1]

The employee(s) who will be rejected does not have educational or training skills or licenses relevant to the work functions required for the department that are possessed by the employee(s) who the department requests be employed, or

[2]

The retraining, licensing or additional education of the employee(s) who will be rejected would cause a deterioration of service delivery or service quality by the department.

(4)

Restoration of sick leave accruals. An employee laid off under the Rule 11 provisions and placed on a reemployment list who returns to regular employment with the city within one year of the layoff effective date, shall be immediately reinstated to the Compensable sick leave or Modified sick leave plan which the employee participated in at the time of layoff. Upon reemployment, the employee shall have restored all unused sick leave hours accrued by the employee as of the time of layoff under the Compensable sick leave plan, not to exceed 1,040 hours. Any unused sick leave hours accrued by the employee under the Compensable sick leave plan as of the time of layoff in excess of 1,040 hours and for which the employee has been compensated, shall not be restored. Upon reemployment, any sick leave hours that had been accrued by the employee under the Modified sick leave plan and for which the employee was compensated subsequent to the layoff, shall not be restored to the employee.

(5)

Restoration of vacation accruals. An employee laid off under the Rule 11 provisions and placed on a reemployment list who returns to regular employment with the city within one year of the layoff effective date, shall be reinstated to the vacation accrual program the employee participated in at the time of the layoff as provided under section 14-170 of this Code. All vacation hours the employee had accrued in excess of the vacation cap applicable to the employee at the time of layoff, shall also be restored to the employee. Any vacation hours accrued by an employee at the time of layoff, for which the employee was compensated subsequent to the layoff, shall not be restored to the employee.

( Ord. No. 2015-1300, § 2(Exh. A), 12-16-2015 )