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Douglas County Personnel Rules

Douglas County Personnel Rule #10

SEPARATION IN GOOD STANDING

10.1         Reduction in Force.

10.1.1 Layoff Department Heads may, after consultation with the Human Resources Director and with the approval of the Board of Commissioners, layoff employees in the event of unusual circumstances such as organizational changes, lack of funds, curtailment of work or other reasons.  The County recognizes its responsibility to the public and is therefore committed to retaining the highest quality employees.  Layoff decisions will be based on the operational efficiency of the department and determined by the Department Head according to merit, fitness and job skills of employees within specific departments.  Should two or more employees be equally affected by this criterion, length of service will be considered.  Transfers may be made between classifications in order to retain the best qualified and most suitable employee(s) for the work available.  The County will make every effort to give employees reasonable notice of anticipated layoffs.

10.1.2 Recall from Layoff Employees on layoff shall be eligible for recall consideration for a period of 12 months from the effective date of layoff, based on the operational needs of the department.  For purposes of this Rule, ‘recall’ shall mean the (a) reinstatement of an employee into the same position from which they were laid-off or (b) rehire into a similar position for which the employee possesses the necessary skills, abilities and qualifications, provided such reinstatement or rehire occurs within 12 months of the effective date of layoff.  Employees will be advised of their placement on the layoff list which will remain consistent unless the operational needs of the department change.  It shall be the laid off employee's responsibility to maintain a current address and telephone number at which the employee may be contacted, with the Human Resources Department, as a qualification for eligibility for recall. Any laid off employee who is offered a position with the County shall notify the County of acceptance of the offer within two days of the receipt thereof and be available to report to work within 15 days or shall forfeit all rights to recall.  Upon recall, an employee shall have all previously accrued sick leave and seniority reinstated, but shall not receive credit for the period of layoff.  The eligibility waiting period for insurance benefits will be waived and will become effective the first of the month following recall into a benefited position.

10.1.3 Application.  Reduction in force procedures described in Rule 10.1 are not applicable to at-will, at will part time, on-call, temporary or probationary employees, as defined in Personnel Rule 2 (Definitions).  These employees serve at the pleasure of the Department Head and are, therefore, terminated rather than laid off.

10.2      Temporary Interruption of Employment.  Any temporary interruption of employment because of adverse weather conditions, shortage of supplies; or for other unexpected or unusual reasons, which does not exceed ten days, shall not be considered a layoff if, at the termination of such conditions, employees are to be returned to employment.  Such interruptions of employment may be chargeable to accrued vacation leave or may be recorded as leave without pay.

10.3         Resignations.

10.3.1 Method of Resignation.  In order to resign in good standing, an employee shall give the Department Head at least 14 calendar days written notice.  However, the Department Head may, upon written request by the employee, waive all or part of the 14 day requirement if the resignation is for compelling reasons which the employee could not have reasonably anticipated 14 days in advance.  Upon receipt of an employee resignation, the Department Head shall forward a copy of same annotated with this action - acceptance or rejection, and if rejection, the reasons therefore - with a copy to the Human Resources Department.

An employee resignation, once it is submitted, may be withdrawn by the employee only at the sole discretion of the Department Head and then only if the employee's reinstatement will not result in the layoff or demotion of an employee promoted or hired to fill the vacancy.

10.3.2 Approval of Resignation.  Resignations are subject to review by the Human Resources Director if an issue arises as to their authenticity.  Any resignation received, provided it bears a bona fide signature of the resigning employee, and provided it was not obtained under false pretenses, shall be deemed valid and thereby serve as a waiver to any appeal rights the employee might otherwise have.

10.3.3 County Property.  Upon termination, the Department Head will assure that all county property has been returned, including county keys, county identification, etc.