ARTICLE 8.
SEPARATIONS
EFFECTIVE DATE: 05/04/98
RULE 801. TYPES OF
SEPARATIONS
REVISED DATE:
A. RESIGNATION:
1. An employee who desires to resign from Judicial employment is requested to submit a written 2. Failure of an employee who resigns to give proper notice could jeopardize
consideration for
future employment with the County. Failure to provide ten (10) working
days notice of
resignation shall result in non-payment of accrued EIB leave as
provided by these Rules.
3. Any employee may withdraw a written resignation only with the written consent of
the Division
Head, but in no event later than the planned effective date of resignation
or ten (10) working
days from the date the resignation is tendered, whichever is less.
B. DISMISSAL:
A dismissal is the involuntary termination for a disciplinary reason of an employee from
Judicial
employment. The provisions regarding a dismissal for a disciplinary reason are
covered in Rules
701-702.
C. TERMINATION DURING ORIGINAL PROBATION:
An employee may be terminated, without the right of appeal, at any time during the original
probationary period. However, the terminated employee may file a grievance in accordance
with
Merit System Rule 603 if unlawful discrimination is alleged.
D. ABANDONMENT OF JOB:
An employee who is absent for three (3) or more consecutive days without authorized leave,
is
automatically considered to have abandoned his/her job; except where extenuating circum-
stances
are found to have existed, such absence may be covered by leave with or without pay
by the Division
Head with the approval of the Presiding Judge.
E. LAYOFF:
1. An employee may be laid-off from his/her division due to lack of work, lack of
funds,
reorganization (causing cutbacks and reductions), abolition of position or other
reasons as
specified in these Rules.
2. The decision as to which classification shall be affected by layoff and when layoff
shall be
effective shall be made by the Division Head. The Division Head shall
prepare a layoff plan
which shall be approved by the Presiding Judge before it is
effective.
3. When any classification is subjected to layoff, non-regular status employees in that
classification
in the same division shall be terminated before any regular status
employee is laid-off, unless
exempted by the Presiding Judge.
4. When regular employees in a classification become subject to layoff, the Division
Head shall
determine which employee(s) shall be laid-off based on the performance,
conduct, qualifications,
and seniority of all regular employees in that classification
in the same division, unless exempted
by the Presiding Judge. The weighting of the
criteria shall be stated on the approved plan.
6. The Division Head shall notify the employees to be laid-off, in writing, as soon as
possible but no
later than ten (10) working days prior to the effective date of layoff.
The written notice shall be
hand-delivered or sent by registered mail. A copy shall
be sent to the Court Administrator.
The notice shall inform the employee of the
effective date of layoff and of the pre-layoff
reappointment and reinstatement
procedures.
7. Employees who have been laid-off may apply for reinstatement pursuant to the
provisions of
Rule 205(C)(3).
9. Pre-Layoff Reappointment:
a. Following receipt of notice of layoff, and before the effective date of layoff,
an employee
subject to layoff may be considered by any Division Head in the
Judicial service having a
vacant position of the same or lower salary range for
which the employee meets the
acceptable qualifications.
b. If the employee wishes to seek a pre-layoff reappointment, the employee shall
submit a
written request with a completed application to the Court
Administrator.
c. The Court Administrator shall send the name of the employee to the Division
Head who
has a vacancy for which the employee qualifies. The Division
Head shall promptly interview
the employee. An offer of reappointment is
at the discretion of the Division Head.
d. Upon a pre-layoff reappointment, the new salary of the employee shall be set
in the same
manner as for entrance salary.
e. A pre-layoff reappointment shall be effective on or before the date on which
the layoff would
have been effective, so that a break in service does not
occur.
f. Upon pre-layoff reappointment the employee shall serve a six (6) month probationary period.
g. The employee shall retain all accrued EIB leave, PTO leave and compensatory time.
h. If the employee subject to layoff is offered and accepts a pre-layoff
reappointment, then the
employee forfeits the right to be placed on the
Reinstatement Register.
i. If the employee is not offered or does not accept an offer of pre-layoff
reappointment, on or
before the effective date of the layoff, then the
employee shall be laid-off.
10 Layoff Avoidance:
a. The division shall make a reasonable attempt to retain a regular employee who would
b. Layoff avoidance may be handled through attrition or reassignment,
preferably in the
division where the productivity improvement occurs.
F. SEPARATIONS FOR OTHER REASONS:
1. An employee may be involuntarily separated with the right of appeal when it is
determined by
the Physician designated by the Court that the employee is unable to
perform the duties of the
position.
2. A temporary, emergency or intermittent employee may be separated at any time.
3 Employees may be separated in compliance with the Court's established policies on nepotism. 4. An employee whose position is grant funded may be separated for lack of funding or
for reasons
otherwise covered in these Rules.
5. An employee may be involuntary separated with the right of appeal when it is
determined that
the employee is unable to maintain the acceptable qualifications for
the position currently held.