§ 1200-21. RULE 21: Competitive class abolition of positions, layoff, displacement.

A. 

Definitions. As used in this section, the following terms shall have the meanings indicated:

ABOLITION OF A POSITION IN THE COMPETITIVE CLASS

The total elimination of the position or the reduction in the hours of the position.

DIRECT LINE OF PROMOTION

A series of titles in the classification plan with a common generic root, such as Senior, Principal, Head, Chief or I, II, III, IV.

LAYOFF UNIT

Each official department, as prescribed by § 35(e) of the Civil Service Law, of the County or any municipality. Where a municipality has a single appointing authority, it is a single layoff unit.

NEXT LOWER OCCUPIED TITLE

The closest lower title in the direct line of promotion in the layoff unit in which one or more persons serve.

B. 

Retention standing.

(1) 

Retention standing is derived from an incumbent's continuous service. Continuous service starts on the date of the original appointment on a permanent or contingent permanent basis in the classified service in the jurisdiction in which abolition of position occurs. For purposes of determining original appointment, completion of probation is not required. Prior service in another municipality is not included in the employee's retention standing unless the individual was transferred.

(a) 

A leave of absence is not an interruption of continuous service.

(b) 

A period of time during which an employee is on a preferred list does not constitute an interruption of continuous service.

(c) 

A resignation followed by a reinstatement more than one year after resignation constitutes a break in service and the original appointment date is the date of reinstatement.

(d) 

Nonpermanent (temporary, provisional or unclassified) service preceding the original appointment is not included in the computation of retention standing. However, nonpermanent service immediately preceded and followed by permanent classified service does not interrupt continuous service and is included in the computation of retention standing.

(e) 

An employee who transfers into a different municipality maintains continuous service from the employee's original appointment in the municipality from which the employee transferred. Retention standing and eligibility for examination are derived from the date of original appointment in the municipality from which the employee transferred.

(2) 

In the case of disabled veterans, the date of original appointment shall be 60 months earlier than the actual date; while the date of original appointment of nondisabled veterans shall be 30§ months earlier than the actual date. For the purpose of this Rule, the definition of "veteran" or "disabled veteran" is that contained in § 85 of the Civil Service Law. Spouses of veterans with a 100% service-connected disability may be entitled to additional retention standing pursuant to § 85 of the Civil Service Law.

(3) 

When two or more employees were originally appointed on a permanent basis on the same date from the same eligible list, their retention rights are determined by their grade on that eligible list; the person having the higher grade has the greater retention right. If their scores were the same, preference for retention is at the discretion of the appointing authority.

(4) 

Blind employees are granted absolute preference in retention. Persons are considered blind if they are certified by the Commission for Visually Handicapped of the New York State Social Services Department.

Editor's Note: Now the Commission for the Blind in the Office of Children and Family Services.

C. 

Layoff.

(1) 

When an occupied position in the competitive class is abolished, layoff is to be made from among those employees holding the affected title in the same layoff unit as the abolished position.

(2) 

The order of layoff is as follows:

	Appointment Type	Layoff Order
	Temporary and provisional	First to be laid off
	Contingent permanent probationary	Second to be laid off
	Contingent permanent	Third to be laid off
	Permanent probationary	Fourth to be laid off
	Permanent	Last to be laid off

(3) 

When comparing retention rights of employees, the comparison is to be made only from among those with the same employment status (i.e., permanent with permanent, probationary with probationary, etc.). The addition of blind or veterans' preference does not allow an employee to be compared with another employee in a different employment status.

(4) 

Temporary and provisional employees have no retention standing. Therefore, the order of their layoff is at the discretion of the appointing authority.

D. 

Vertical bumping.

(1) 

When the abolition of a position causes the layoff of a permanent competitive class employee, such employee may then bump (displace) an employee having less retention standing in a lower-level occupied title in the direct line of promotion in the same layoff unit. An employee shall not be required to have held service in the title to which bump is sought. For purposes of this section, a position is considered occupied if it is filled by a temporary, provisional, contingent permanent, probationary or permanent employee, or it is an encumbered vacant position being held for another permanent employee in accordance with Rule 16.

(2) 

Opportunity to bump begins with the next lower occupied title in the direct line of promotion. In the event that the employee cannot bump an employee in the next lower-level occupied title in the direct line of promotion due to insufficient retention standing, the opportunity for bumping proceeds down to successively lower-level occupied titles within the direct line of promotion until an employee with less retention standing is identified. In the event that there is more than one employee with less retention standing in the lower occupied title, the one with the least retention standing shall be displaced. In no case may any employee bump another employee with greater retention standing, and it shall always be the employee with the least retention standing in a title who is bumped.

(3) 

When the layoff involves more than one position in a title, the laid-off employee with the greatest retention standing is the first to bump and displaces the employee with the least retention standing within the direct line of promotion in accordance with the provisions of Subsection D(1) and (2) of this Rule.

(4) 

An employee who refuses to bump waives all further rights to bump or retreat.

(5) 

The layoff of a temporary, provisional, contingent permanent or probationary employee by virtue of position abolition or displacement does not constitute a basis to bump pursuant to § 80 of the Civil Service Law or these Rules.

E. 

Retreat.

(1) 

A displaced permanent competitive class incumbent who cannot bump a lower-level incumbent in the direct line of promotion in accordance with the provisions of these Rules may be eligible to retreat.

(2) 

An employee may retreat to the title last held, on a permanent post-probationary permanent or contingent permanent basis, prior to service in the title from which laid off or displaced, provided all of the following conditions are met:

(a) 

The position to which retreat is sought is occupied; and

(b) 

The retreating employee has greater retention standing than the employee to be displaced; and

(c) 

The position to which retreat is sought is in the competitive class and exists in the same layoff unit; and

(d) 

The salary grade of the position sought is lower than the current salary grade; and

(e) 

Service in the title to which retreat is sought was in the same municipality; and

(f) 

Service of the displacing incumbent while in the former title was satisfactory.

(3) 

An employee may retreat to the title last held on a post-probationary permanent or contingent permanent basis in the jurisdiction even if there was intervening service in a different municipality, provided:

(a) 

Such intervening service was for a period of less than one year; or

(b) 

The entire period of intervening service occurred during an authorized leave of absence.

(4) 

Where the Department of Civil Service has effected a title change to better describe the duties of a position, but the duties have not substantially changed since the displaced employee last served in that title, for retreat purposes the new title will be deemed to be comparable to the former title.

(5) 

An employee who refuses to displace a less senior incumbent must be laid off.

(6) 

The layoff of a temporary, provisional, contingent permanent or probationary employee by virtue of position abolition or displacement does not constitute a basis for that laid-off employee to retreat under § 80 of the Civil Service Law or these Rules.

F. 

Appointments pursuant to § 55-a of the Civil Service Law. If a collective bargaining agreement extends lay-off protection to those serving in noncompetitive titles, employees appointed in conformance with § 55-a of the New York State Civil Service Law are merged with competitive class employees and lay-off vulnerability is determined by retention date.