A.      Purpose

The purpose of this procedure is to establish a process to designate an employee for layoff and to outline an employee’s rights once the employee has been designated for layoff.  This procedure does not apply to eligible employees covered by a Memorandum of Understanding, employees in the Police or Fire Department, employees appointed by the Mayor, an employee employed by the City Council, elected officials or part time employees.

B.      Procedure

1.   A Department Director may not designate an employee for layoff until he or she has complied with this procedure. 

2.   A Department Director may only designate an employee for layoff after laying off emergency, temporary and probationary employees in the same job title in the department.

3.   A Department Director will provide a written analysis supporting the justification of each employee’s designation for layoff.  The analysis for a layoff designation must demonstrate consideration of the following factors:

a)  the employee’s length of service;

b)  the employee’s work and disciplinary history for the prior eighteen months;

c)  the negative impact to City services caused by laying the employee off;

d)  the possibility of increasing efficiency by utilizing remaining employees’ skills; and

e) the savings the City will realize by laying the employee off.

Human Resources will review each layoff designation.

4.   After Human Resources reviews a Department Director’s recommendation, the Department Director and/or designee will prepare a list of employees designated for layoff and provide written notice to each designated employee at least thirty (30) days prior to the anticipated layoff date.

The written notification will include the anticipated effective date of the layoff and the employee’s rights outlined in this procedure.

5.   An employee designated for layoff may choose one of two options after being designated for layoff:

a)   placement on a preferential consideration list which will provide the employee with the possibility of being placed in an open position in the City if the employee meets all the qualifications for an existing and vacant position; or,

b)   a severance payment of one week of pay for each year of City employment, calculated on a pro-rata basis, not to exceed ten weeks upon execution of a release in a form approved by the City Attorney’s Office.

6.   An employee electing to be placed on the preferential consideration list must schedule a meeting with the department’s Human Resource Consultant (801-535-7900) within seven (7) calendar days after being notified of his or her layoff designation to confirm that he or she wants to be placed on the list.

a)   Human Resources will assist the laid off employee to update his or her resume.  The employee’s resume will be used to determine if the employee meets all the qualifications for any open position at a pay class that is equal to or lower than the laid off employee’s most recent pay level.

b)   An employee who fails to schedule an appointment with Human Resources within seven (7) calendar days after being notified of his or her designation for layoff will not receive any further benefits under this procedure.

c)   If the employee meets all the qualifications for an existing and vacant position, Human Resources will schedule an appointment for the employee to meet with the hiring authority for that position.

d)   After considering the designated employee’s qualifications, the hiring authority may, but is not required to, offer the designated employee the vacant position.

e)   The hiring authority may also require the designated employee to participate in an interview process with other candidates to determine the best qualified candidate for the position.

f)   If a designated employee is not selected to fill an existing position prior to the effective date of layoff, then the employee’s employment with Salt Lake City Corporation will end.

g)   Employees on the preferential consideration list can remain on the list for a total of six consecutive months.  If the designated employee is not hired during that time, the employee will not receive any further benefits.

h)   Any employee hired from the preferential consideration list must successfully pass a six (6) month probationary period.  If the employee does not successfully pass the probationary period, the employee’s employment with Salt Lake City Corporation will end.

7.   Instead of being placed on the preferential consideration list, a designated employee has the option of receiving severance pay under the following conditions:

a)   A designated employee choosing severance pay must notify Human Resources no later than seven (7) calendar days after the employee is notified of the layoff designation that the employee is choosing severance pay instead of preferential consideration; and

b)   The designated employee must waive any right to appeal the layoff designation to the Employee Appeals Board; and

c)   The designated employee must execute a full release of all claims approved by the City Attorney’s Office.

d)   If a designated employee meets these conditions, the designated employee may receive one week of pay for each year of City employment, calculated on a pro-rata basis, not to exceed ten weeks.

8.   An employee who fails to timely notify Human Resources of his or her choice to either be placed on the preferential consideration list or to receive severance will not receive any further benefits under this procedure and his or her employment with the City will end on the effective date of layoff.

9.   Paragraphs 5-8 of these procedures apply to an employee designated for layoff by the City Council due to the City Council’s decision to discontinue funding of the employee’s position.

Effective Date of June 2, 2010