AG 2009 09 21 - Laserfiche WebLink

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Article VII. Separation, Disciplinary Actions, and Suspensions Section 1. Separation from Employment Separation occurs when an employee leaves the payroll for reasons indicated below. Employees who have acquired regular employment status will not be subject to involuntary separation or suspension except for cause or reduction-in-force. (a) Resignation or Retirement. An employee may terminate his services with the County by submitting a written resignation or request for retirement to the department head (or in the case of department heads to the County Manager). It is expected that an employee will give at least two weeks (four weeks for department heads) notice prior to the separation date. (b) Dismissal. Dismissal is involuntary separation for cause, and shall be made in accordance with the provisions of Section 5 of this Article, except for those employees identified in Article I. 2(b). (c) Separation During Probation. An employee may be dismissed at any time during the probationary period for failure in performance of duties or failure in personal conduct. Separation during the probationary period creates no right of grievance or appeal pursuant to Article VIII of this Ordinance. (d) Reduction in Force. For reasons of curtailment of work, reorganization, or lack of funds the appointing authority may separate employees. Retention of employees in classes affected shall be based on systematic consideration of type of appointment, length of service and relative efficiency. No regular employee shall be separated while there are emergency, intermittent, temporary, probationary, or trainee employees in their first six months of the trainee progression serving in the same or related class, unless the regular employee is not willing to transfer to the position held by the non regular employee, or the regular employee does not have the knowledge and skills required to perform the work of the alternate position within a reasonable period of orientation and training given any new employee. Employees laid off because of a reduction in force shall be given at least 30 calendar days notice. (e) Voluntary Resignation Without Notice. An employee voluntarily terminates employment by failing to report to work without giving written or verbal notice to the employing department and is absent without approved leave one scheduled workday. Separation pursuant to this policy should not occur until the employing department has undertaken reasonable efforts to establish that the employee was able to give or have someone else give notice during the period absent. This provision also applies when the employee is absent for one scheduled workday, has been instructed verbally or in writing of a specific manner of reporting by management, and does not report to the appropriate supervisory personnel on a regular basis satisfactory to the employing department. Such terminations are voluntary resignations from employment and create no right of grievance or appeal pursuant to Article VIII of this Ordinance. (f) Separation Due to Unavailability When Leave is Exhausted. An employee may be separated on the basis of unavailability when the employee becomes or remains unavailable for work after applicable leave has been exhausted and leave without pay has not been granted for reasons deemed sufficient by the department. Such reasons include but are not limited to, lack of suitable temporary assistance, criticality of the position, budgetary constraints, etc. Such a separation is an involuntary separation, not a disciplinary dismissal, and may be grieved or appealed. (g) Unable to Perform the Essential Functions of the Position. An employee may be separated for inability to perform the essential functions of their position because of physical or mental impairment. Action may be initiated by the employee or the County, and supported by medical evidence certified by a licensed 34 F-5 Attachment number 6 Page 253 of 362