<?xml version='1.0' encoding='utf-8'?>
<unit kind="division" number="12" name="Nondisciplinary Separations" slug="division-12" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_16PE_DIV12NOSE">
  <section number="16-186" name="Separation — Resignation" law="code" slug="sec-16-186" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_16PE_DIV12NOSE_S16-186SERE">
    <level label="a">
      <text>The resignation of an employee shall be a voluntary action taken solely at the discretion of the employee, except as provided under Section 16-225(d)(3) with respect to mandatory resignations whenever an employee fails to return to the position occupied after the expiration of the period of approved leave without pay. An employee shall not be requested or coerced to resign in lieu of the taking of any authorized disciplinary action by an appointing authority against the employee whenever such disciplinary action is warranted. A written resignation signed by the employee shall be submitted at least fourteen (14) calendar days in advance of the effective date of the resignation.</text>
    </level>
    <level label="b">
      <text>In the event that an employee requests the withdrawal of his resignation prior to the effective date thereof, the acceptance of such withdrawal shall be solely at the discretion of the employee's appointing authority.</text>
    </level>
  </section>
  <section number="16-187" name="Reserved" law="code" slug="sec-16-187" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_16PE_DIV12NOSE_S16-187RE" />
  <section number="16-188" name="Separation — Reduction-in-force" law="code" slug="sec-16-188" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_16PE_DIV12NOSE_S16-188SERE-F">
    <level label="a">
      <text>A duly authorized and allocated classified service position or positions may only be abolished under one (1) of the following sets of circumstances:</text>
      <level label="1">
        <text>Where the County Executive, pursuant to Section 822 of Article VIII of County Charter, revises a department or agency work program by reducing the expenditure level of such department or agency due to an ascertained shortfall in revenue during any fiscal year and a reduction in the number of allocated positions within said department or agency is necessary in order to satisfy such reduction in the departmental or agency expenditure level;</text>
      </level>
      <level label="2">
        <text>Where the Classification Plan is amended through classification action by abolishing an established class of work and, by virtue of the provisions of Section 16-177, the abolition of all positions allocated to said class of work;</text>
      </level>
      <level label="3">
        <text>Where a legislative act, or an executive order issued and approved pursuant to Section 503 of Article V of County Charter, abolishes a department, agency, or office, or any division or other portion thereof, and there is no provision set forth in such legislative act or executive order governing and effectuating the transfer of employees, positions, and funds from such department, agency or office, or division or other portion thereof;</text>
      </level>
      <level label="4">
        <text>Where a reduction in the compensation level of a department, agency, or office is effectuated in the County's approved, annual expense budget;</text>
      </level>
      <level label="5">
        <text>Where an appointing authority requests that a position or positions under the appointing authority's jurisdiction be abolished during any fiscal year and the Director of Human Resources Management authorizes such request; or</text>
      </level>
      <level label="6">
        <text>Where the County Executive, pursuant to Section 822 of Article VIII of County Charter, revises a department or agency work program by reducing or abolishing a unique service or function.</text>
      </level>
    </level>
    <level label="b">
      <text>Whenever a position or a group of positions is scheduled to be abolished under any one (1) of the sets of circumstances described in Subsection (a), above, the Director of Human Resources Management shall implement the following procedures prior to initiating any final action to separate any employee under a separation — reduction-in-force action:</text>
      <level label="1">
        <text>The Director of Human Resources Management shall suspend the filling of any vacant position within the classes of work to be affected by the scheduled reduction-in-force action, and may, in his discretion, suspend all lower graded classes within all class series from the date the Director of Human Resources Management is advised of the scheduled abolition of the position or group of positions until the effective date of the separation of an employee or employees under the separation — reduction-in-force action. Such action will not preclude the transfer to any existing vacant position of an individual who would otherwise be subject to reduction-in-force.</text>
      </level>
      <level label="2">
        <text>Whenever any one (1) of the sets of circumstances cited in Subsection (a), above, with respect to the abolition of a position or a group of positions is not specific as to the class or classes of work affected and/or the number of positions to be abolished, the Director of Human Resources Management shall request the appropriate appointing authority or appointing authorities, as the case may be, to supply the Director of Human Resources Management with a written statement setting forth each class of work to be affected by the separation — reduction-in-force action and the number of positions to be abolished within each such class. The written statements by appointing authorities with respect to the number of positions to be abolished within their departments, agencies, or offices and the classes of work so affected, as required in the preceding sentence, shall be made at the sole discretion of such appointing authorities and shall be binding upon the Director of Human Resources Management for purposes of any separation — reduction-in-force action taken by the Director of Human Resources Management thereafter.</text>
      </level>
      <level label="3">
        <text>The Director of Human Resources Management shall develop a retention register for each class of work within which a position or a group of positions is scheduled to be abolished.</text>
      </level>
      <level label="4">
        <text>With respect to any retention register developed for a single class of work, the Director of Human Resources Management shall place the names of all employees occupying positions in each such class of work within the department, agency, or office (highest organizational unit or entity) within which the position or group of positions is scheduled to be abolished into priority categories on each such register as follows:</text>
        <level label="A">
          <text>All permanent status employees shall be placed in the first priority category;</text>
        </level>
        <level label="B">
          <text>All probationary status employees, all limited-term status employees, and any employee that receives an aggregate performance rating equivalent to "less than satisfactory" during the official annual performance ratings period preceding the reduction-in-force shall be placed in the second priority category; and,</text>
        </level>
        <level label="C">
          <text>All exempt status employees occupying classified service positions under the terms of temporary/provisional and temporary/emergency appointments shall be placed in the third priority category.</text>
        </level>
      </level>
      <level label="5">
        <text>The Director of Human Resources Management shall compute a retention points score for each permanent status employee whose name appears in any class of work on a retention register. The retention points score for each such employee shall be equal to the product of the sum of the points per month granted for the total months of service in any classified service position multiplied by the quotient of the sum of the points granted for the official annual performance ratings received for the preceding three (3) years divided by the sum of the number of such official performance ratings where:</text>
        <level label="A">
          <text>Each such employee shall be granted points for each month or part thereof of classified service in any classified service position, as follows:</text>
          <table>
            <row>
              <cell>RETENTION POINTS</cell>
            </row>
            <row>
              <cell>Up to 24 months</cell>
              <cell>1 point</cell>
            </row>
            <row>
              <cell>25 to 60 months</cell>
              <cell>1.5 points</cell>
            </row>
            <row>
              <cell>61 months or more</cell>
              <cell>2 points</cell>
            </row>
          </table>
        </level>
      </level>
    </level>
    <text>provided, however, that no points shall be granted for any month of service in a classified service position for which an employee receives a retirement payment;</text>
    <level label="B">
      <text>Each such employee shall be granted three (3) points for any official annual performance rating equivalent to "outstanding;" two (2) points for any official performance rating equivalent to "exceeds satisfactory;" one (1) point for any official performance rating equivalent to "satisfactory;" and a point value of zero (0) for any official performance rating equivalent to "less than satisfactory;" provided, however, that:</text>
      <level label="i">
        <text>Where any such employee, upon initial appointment, has completed the required probationary period but has yet to receive the first official performance evaluation at the time of the scheduled abolition of a position or positions giving rise to the reduction-in-force action, then, and in such event, the official probationary performance rating shall be utilized for purposes of computing the quotient of performance evaluation points, as provided above; and</text>
      </level>
      <level label="ii">
        <text>Where any such employee's official performance rating for any year, or any such employee's probationary performance evaluation, where applicable, is absent from the employee's official personnel file, as certified to in writing by the Director of Human Resources Management, or where any such employee has initiated a grievance under the provisions of Section 16-200 with respect to the employee's official, probationary performance rating, where applicable, or the employee's latest, official performance rating, and said grievance is pending unresolved at the time of the scheduled abolition of a position or positions giving rise to the reduction-in-force action, then, and in such event, the Director of Human Resources Management shall exclude any such performance rating for purposes of computing the quotient of performance evaluation points, as provided above.</text>
      </level>
    </level>
    <level label="6">
      <text>The Director of Human Resources Management shall arrange the names of all permanent status employees within the first priority category within each class of work on any retention register in descending order with the name or names of the employee or employees with the highest retention points score placed at the top of each such priority category.</text>
    </level>
    <level label="c">
      <text>Upon the development of any retention register in accordance with the procedures stipulated in Subsection (b), above, the Director of Human Resources Management shall adhere to the following retention schedule for purposes of separating employees whose names appear within each class of work on such retention register wherein a position or a group of positions has been scheduled to be abolished:</text>
      <level label="1">
        <text>All exempt status employees whose names appear in the third priority category within each such affected class of work on such retention register, as provided in paragraph (b)(4)(C), above, shall be separated from their class of work prior to the separation of any employee whose name appears in the second or first priority categories within the same class of work on such retention register. It shall be the sole discretion of the appointing authority to determine which employees in the third priority category are to be separated from their class of work.</text>
      </level>
      <level label="2">
        <text>All limited-term employees, probationary status employees, and any employee receiving an aggregate official annual performance rating of "less than satisfactory" for the period preceding the reduction-in-force will appear in the second priority category within each such affected class of work on such retention register, as provided in paragraph (b)(4)(B), above, and shall be separated from their class of work prior to the separation of any employee whose name appears in the first priority category with the same class of work on any such register. It shall be the sole discretion of the appointing authority to determine which employees in the second priority category are to be separated from their class of work.</text>
      </level>
      <level label="3">
        <text>All permanent status employees whose names appear in the first priority category within each such affected class of work on such retention register, as provided in paragraph (b)(4)(A), above, shall be the last category of employees to be separated from their class of work. The separation of permanent status employees shall be effectuated in inverse order to the standing of such employees within the first priority category in the same class of work on such retention register. Where any permanent status employees within the first priority category in the same class of work have the same retention points score, it shall be the sole discretion of the appointing authority to determine which of the employees with the same retention points score are to be separated from their class of work. However, in any case where any such set of employees with the same retention points score includes employees who are veterans, all nonveteran employees shall be separated by the appointing authority prior to the separation of any such veteran employees. For purposes of the preceding sentence of this subparagraph, a "veteran" shall mean any such employee who would qualify as a veteran under the provisions of Section 16-163(a)(1).</text>
      </level>
    </level>
    <level label="d">
      <text>Prior to the effective date of any separation — reduction-in-force action, the Director of Human Resources Management shall attempt to effectuate the reassignment, transfer, or demotion of employees whose positions are to be abolished into existing vacant positions in accordance with the provisions of Sections 16-148(a)(2), (3), (4), and (6).</text>
    </level>
    <level label="e">
      <text>Any employee who is subject to a separation — reduction-in-force action shall be given at least a fourteen (14) calendar day advance written notice thereof by the Director of Human Resources Management. Each such notice shall state the reason or reasons for the separation — reduction-in-force action and the effective date thereof; and, where the notice of separation is given to a permanent, probationary, or limited-term status employee occupying a position under the terms of a limited-term reassignment, transfer, or promotion, said notice shall also state any such employee's right to appeal such action in accordance with the procedures stipulated in Section 16-201.</text>
    </level>
    <level label="f">
      <text>Any permanent status employee who is separated under a separation — reduction-in-force action shall be entitled to have the employee's name placed on a reemployment priority register and, by virtue thereof, shall be entitled to be reemployed in certain vacant positions in accordance with the procedures stipulated in Section 16-148(a)(5).</text>
    </level>
    <level label="g">
      <text>Notwithstanding any provision in this Section to the contrary, whenever any department or agency contains a separate organizational unit which is funded solely from funds derived under the terms of Federal, State or other grant-in-aid program, such separate organizational unit shall be deemed a "department, agency, or office" for the purpose of effecting a reduction-in-force.</text>
    </level>
    <level label="h">
      <text>Whenever a department or agency receives a reduction in grant funds appropriated for a particular program or purpose that requires a reduction-in-force, such action may be limited to employees occupying positions which are funded by that grant.</text>
    </level>
    <level label="i">
      <text>Notwithstanding any provision of this Section to the contrary, whenever any department or agency can effectively demonstrate that a separate organizational unit or division exists to provide a unique service or function, with the approval of the Director of Human Resources Management, that unit or division shall constitute a single "department, agency, or office" for purposes of effecting a reduction-in-force.</text>
    </level>
  </section>
  <section number="16-189" name="Separation — Disability" law="code" slug="sec-16-189" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_16PE_DIV12NOSE_S16-189SEDI">
    <level label="a">
      <text>Whenever an appointing authority has reason to believe that an employee's health is impeding the satisfactory performance of the duties, tasks, and responsibilities assigned to the employee, the appointing authority may require any such employee to undergo a medical examination by a licensed physician employed or retained by the County.</text>
    </level>
    <level label="b">
      <text>Where any such employee refuses to undergo a medical examination, if directed to do so by the employee's appointing authority, the appointing authority shall initiate a dismissal action against the employee in accordance with the provisions of Section 16-201(a) governing the procedures for the processing of adverse actions against employees and employee appeals therefrom.</text>
    </level>
    <level label="c">
      <text>Where any such employee undergoes a medical examination and the results thereof indicate that the employee has a correctable impairment which is temporary in nature, the employee's appointing authority shall detail other duties, tasks, and responsibilities to said employee during the period of the employee's temporary impairment; provided that any such detail shall be for a period of up to one hundred eighty (180) calendar days and shall otherwise be made in accordance with Section 16-121 and shall represent the assignment of duties, tasks, and responsibilities which the employee is capable of performing during said period of temporary impairment as determined by the examining physician. However, if any such employee fails to take reasonable actions necessary to correct such temporary impairment, as recommended by the examining physician, then, and in such event, the appointing authority shall initiate a dismissal action against the employee in accordance with Section 16-201(a).</text>
    </level>
    <level label="d">
      <text>Where any such employee undergoes a medical examination and the results thereof indicate that the employee has a permanent impairment that substantially limits a major life activity and the employee will not be able to continue to satisfactorily perform the normal duties, tasks, and responsibilities of the position the employee occupies, then, and in such event, the appointing authority shall attempt to transfer the employee to a vacant position as a reasonable accommodation. If such a transfer cannot be effectuated due to the unavailability of a vacant position, or due to the fact that the proposed transfer does not meet the conditions stipulated in Section 16-148(a)(3) or (4), as the case may be, the employee shall then be demoted to a vacant position, subject to the provisions of Sections 16-148(a)(6)(B) and 16-201(a). If such a demotion cannot be effectuated due to the unavailability of a vacant position, or due to the fact that the proposed transfer does not meet the conditions stipulated under Section 16-148(a)(6)(B), the appointing authority may then proceed to terminate the employee under a separation — disability action, subject to the provisions of Section 16-201(a).</text>
    </level>
    <level label="e">
      <text>Where any such employee undergoes a medical examination and the results thereof indicate that the employee is totally disabled such that the employee is not able to continue to perform satisfactorily in any vacant position, then, and in such event, the appointing authority shall proceed to terminate the employee under a separation — disability action. Any such separation — disability action shall be initiated and taken by the appointing authority in accordance with the provisions of Section 16-201(a).</text>
    </level>
    <level label="f">
      <text>The Director of Human Resources Management shall assist any employee who is separated from a position under a separation — disability action, as provided in Subsection (e), above, in securing any disability retirement benefits the employee may be entitled to by virtue of such separation — disability action.</text>
    </level>
  </section>
  <section number="16-190" name="Separation — Mandatory retirement" law="code" slug="sec-16-190" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_16PE_DIV12NOSE_S16-190SEMARE">
    <text>No permanent status, uniformed employee occupying a classified service position allocated to a public safety class of work within the County Police or Fire Departments, and who is enrolled in the County's Police or Fire Service Pension Plans, shall continue in County employment beyond any such employee's fifty-fifth (55th) birthday. Except, at said date, the County Executive may grant permission for such employee to continue in County employment on a year-to-year basis thereafter.</text>
  </section>
  <section number="16-191" name="Separation — Death" law="code" slug="sec-16-191" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_16PE_DIV12NOSE_S16-191SEDE">
    <level label="a">
      <text>Upon the receipt of a certified death certificate pertaining to any employee, the Director of Human Resources Management shall remove or cause to be removed the employee's name from all applicable personnel documents and records as of the effective date of such employee's death.</text>
    </level>
    <level label="b">
      <text>All salary and other compensation any such employee is legally entitled to shall be paid to the designated beneficiary of such deceased employee. In the event there is no designated beneficiary, said salary and other compensation shall be paid to the estate of the deceased employee.</text>
    </level>
  </section>
</unit>
