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Legislation #: 090048 Introduction Date: 1/22/2009
Type: Ordinance Effective Date: none
Sponsor: None
Title: Amending Chapter 2, Code of Ordinances, by repealing Section 2-1115, Reduction in force; layoffs, and enacting in lieu thereof a new section of like number and subject matter, which adjusts affected employees salaries in accordance with the pay ordinance in effect at the time of the layoff, grants the City Manager authority to stabilize affected employees pay and gives affected employees an opportunity to alternative employment.

Legislation History
DateMinutesDescription
1/20/2009 Filed by the Clerk's office
1/22/2009 Referred to Finance and Audit Committee
1/28/2009 Advance and Do Pass as a Committee Substitute, Debate
1/29/2009 Passed as Substituted

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RIF Ordinance Fact Sheet 1-16-09.xls Fact Sheet 58K Fact Sheet
Fiscal Note RIF 1-16-09.xls Fiscal Note 39K Fiscal Note

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 090048

 

Amending Chapter 2, Code of Ordinances, by repealing Section 2-1115, Reduction in force; layoffs, and enacting in lieu thereof a new section of like number and subject matter, which adjusts affected employees salaries in accordance with the pay ordinance in effect at the time of the layoff, grants the City Manager authority to stabilize affected employees pay and gives affected employees an opportunity to alternative employment.

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That Chapter 2, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Section 2-1115, Reduction in force; layoffs, and enacting in lieu thereof a new section of like number and subject matter, 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 the affected department while there are employees serving in essentially the same job class/title under the following areas of employment in the following order:

1.                  Temporary service agencies

 

2.                  Seasonal

 

3.                  Limited Term Contracts

 

4.                  Limited Term Merits

 

5.                  Initial Probationary Period

 

6.                  Employees on Special Performance Rating Periods

 

7.                  Provisional

 

8.                  Part-time

 

Whenever a classified position is abolished or a reduction in force becomes necessary, layoffs shall be accomplished in the following manner:


(1) For all classified positions:

a. Affected employees considered non-exempt from certain overtime provisions of the Fair Labor Standards Act will be laid off in that department in inverse order of their total continuous city service within the same job classification, in accordance with the current pay ordinance, unless one or more criteria established by the Director of Human Resources is present. 

b. Affected employees considered exempt from certain overtime provisions of the Fair Labor Standards Act shall be subject to layoff in that department in inverse order of total continuous City service within the same job classification, in accordance with the current pay ordinance, unless one or more criteria established by the Director of Human Resources is present.

(2) Transfer, demotion or promotion in lieu of layoff. Whenever employees are to be laid off, the human resources director may transfer, demote or promote an employee to another vacant position in the city in order of total continuous city service 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.

c. The department director agrees to place the employee in the vacant position.

(3) Salary adjustments upon demotion. The City Manager has the authority to determine whether:

a. The employees salary will be adjusted in accordance with the pay ordinance in effect. 

or

b. In the event of a demotion, the salary of an affected employee may be stabilized for a period not to exceed three months. However, after this period, the employees salary will be reduced consistent with the pay ordinance in effect.


(4) Procedures.  The Human Resources Director may waive any of the above provisions and implement the following as it relates to:

a. Any department with a vacancy must accept an affected employee who has been certified and is qualified for the vacancy. 

b. 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. 

c. The human resources department may coordinate outplacement assistance for those associates who leave the organization. 

d. Decisions for layoff must be approved by the human resources director. An employee may file a written appeal to the City Manager or designee to determine if the layoff was in compliance with the ordinance in effect. This appeal must be filed within 10 calendar days of the effective date of action.

(5) Within his or her authority, the City Manager shall be authorized to develop and enter into severance agreements with displaced employees. Employees who receive severance pay shall not be eligible for reemployment with the city for one-year from the effective date of their termination. In special circumstances, where an individual possesses specialized knowledge, skills and/or abilities needed by the City, upon written request by the hiring Department, the Director of Human Resources may waive the prohibition against an employee being reemployed by the City prior to the expiration of the 12 month period.

(6) Nondiscrimination 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.

(7) 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.

(8) For those classes of positions covered by the provisions of the memorandum of understanding between the city and Local 42International Association of Fire Fighters, employees will be laid off in accordance with the provisions of the memorandum of understanding.

(9) For those classes of positions covered by the provisions of the memorandum of understanding between the city and Local 3808International Association of Fire Fighters, employees will be laid off in accordance with the provisions of the memorandum of understanding.

_____________________________________________

Approved as to form and legality:

  

 

________________________________

Lana K. Torczon

Assistant City Attorney