COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 970063

Amending Chapter 2, Code of Ordinances, commonly known as the Administrative Code, by repealing Section 2-1115 and enacting in lieu thereof one new section which establishes a consistent policy and process to handle employees affected by a reduction in force.

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That Chapter 2, Code of Ordinances, commonly known as the Administrative Code, is amended by repealing Section 2-1115 and enacting in lieu thereof one new section to read as follows:

Sec. 2-1115. Reduction in force; layoffs.

A department head may separate any employee without prejudice because of lack of funds or curtailment of work, after giving notice of at least ten working days to such employee. However, no regular employee shall be separated from any department while there are provisional, probationary, seasonal, temporary or contractual employees serving in the same class of positions in that department. Whenever a classified position is abolished or a reduction in force becomes necessary, layoffs shall be accomplished in the following manner:

(1) For classes of positions within the managerial, professional, supervisory or confidential group:

a. Employees in division A as set out in section 115 of the Charter who received

a performance rating of "less than satisfactory"' or "unsatisfactory" on their

last service rating will be laid off first.

b. The remainder of the employees in division A as set out in section 115 of the

Charter will be laid off in inverse order of their total service with the city.

c. All employees in division B positions shall be subject to layoff on the basis

that the best qualified employees to perform the work shall be retained.

d. The names of regular and seasonal employees who have been laid off shall

be placed on the appropriate reemployment list in accordance with the

provisions of this article. An appointing authority may, with the approval of

the director of human resources, appoint an employee who is to be laid off to

any existing vacancy in a lower class for which he is qualified.

(2) Transfer, demotion or promotion in lieu of layoff. Whenever employees are to be laid off, they may transfer, demote or promote to another vacant position in the city

providing that:

a. positions are authorized, budgeted, and the City intends to fill the vacancies.

b. employee meets qualifications of the new position as determined by the

human resources director.

(3) Salary adjustments upon demotion.

a. The salary of those employees hired or promoted prior to passage of

Ordinance No. 951687 shall have their salary reduced 5%, or more, if

necessary to place it within the pay range assigned to the lower class.

b. The salary of those employees hired or promoted after passage of Ordinance

No. 951687 shall have their salary reduced by 5% for each pay grade

demotion up to a maximum of 15%, except that the new rate shall fall within

the new pay range.

c. Affected employees subject to such adjustments shall maintain their current

salary for a period of ninety days before salary reductions are implemented.

(4) For those classes of positions covered by the provisions of the memorandum of understanding between the city and Local 500--American Federation of State,

County and Municipal Employees, employees will be laid off in accordance with the

provisions of the memorandum of understanding.

(5) For those classes of positions covered by the provisions of the memorandum of understanding between the city and Local 42--International Association of Fire

Fighters, a department head may separate any employee without prejudice because

of lack of funds or curtailment of work, after giving notice of at least ten working

days to such employee. However, no regular employee shall be separated from any

department while there are provisional, probationary, seasonal or temporary

employees serving in the same class of positions in that department.

(6) Procedures.

a. Any department with a vacancy must accept an affected employee who has

been certified and is qualified for the vacancy.

b. Each affected employee may be given one opportunity of alternative

employment as soon as practical. In the event an employee is not afforded

such opportunity within ninety days of notification of pending displacement,

the employee may, if possible, be allowed to remain in his or her current

position until an opportunity is offered but not longer than an additional

ninety days.

c. If an affected employee refuses the position offered, it will be the employee's

responsibility to compete for other positions within the city system through

the established competitive process; however, in no event will the employee

be carried on the city payroll after ninety days of notification of pending

displacement.

d. The human resources department will coordinate out placement assistance for

those associates who leave the organization.

e. Decisions for layoffs shall not be subject to the grievance process or further

appeal.

(7) Non-discrimination in reduction in force. Layoffs and demotions which result from a reduction in force shall be made without regard to an employee's race, color,

religion, national origin or ancestry, gender, sexual orientation, age, marital status,

or disability.

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Approved as to form and legality:

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Assistant City Attorney