Ariz. Admin. Code § 13-5-802

Current through Register Vol. 30, No. 45, November 8, 2024

Section R13-5-802 - Reduction in Force

A. General. The agency head may conduct a reduction in force when necessary because of a decrease in authorized positions, service area, funding, program responsibilities, or because of a legislative or executive mandate. If the reduction in force involves removal of a filled position, the agency shall not re-establish the position for two years, unless removal of the position was caused by fiscal constraints, legislative action, or court order.

B. Alternate methods. An agency head may pursue alternative methods of reducing costs without reducing the number of employees. Council approval will be required when:

1. Temporarily reducing all employees' pay, or

2. Assigning all employees time off without pay.

C. Order of layoff. An employee shall be separated from an agency in the following order of preference:

1. Internship appointment,

2. Intermittent appointment,

3. Part-time appointment,

4. Provisional appointment,

5. Probationary limited-term appointment who has not established permanent status,

6. Limited-term appointment who has completed a probationary period but has not established permanent status,

7. Probationary appointment in a non-limited term position, and

8. Permanent status appointment.

D. Laying off a probationer and special duty assignee. An employee on promotional probation or special duty shall compete for retention in the highest classification for which the probationer or assignee hold permanent status.

E. Laying off a limited-term employee. A limited-term employee shall compete for retention only against other limited-term employees.

F. Laying off a permanent status employee. If it becomes necessary to reduce the number of full-time employees holding regular appointments, an agency shall use the following method:

1. An employee with the least seniority within a classification shall be the first employee reduced from that classification.

2. An employee who is declared surplus to a classification may displace only the least senior employee in other classifications in which the employee previously held seniority rights.

G. Determining seniority. Seniority within a classification shall be determined by the number of retention points of an employee. An employee with a greater number of retention points will be senior to another employee with lesser retention points within a classification.

H. Using retention points. Regular employees who have the least retention points shall be considered first for transfer, classification reduction, or separation.

I. Calculation of retention points within a classification. An employee shall receive one retention point for each month of service within the employee's classification.

J. Calculation of retention points in a classification for which the employee has established rights. If an employee is transferred to a classification previously held by the employee, the employee shall receive one retention point for each month of service in that classification and one retention point for each month of service in a higher or equal classification.

K. Eligibility for retention points. The following guidelines shall be used in determining an employee's eligibility for retention points:

1. If the employee was in pay status for at least half of the employee's working days in that month.

2. An employee shall receive credit for agency service before a separation if the separation was less than two years.

3. An employee shall receive credit for periods of military leave under 38 U.S.C. 4311.

4. An employee shall receive credit for periods of uncovered appointments with the agency.

5. An employee's prior state service in a position transferred to the agency shall be counted.

6. An employee shall not receive credit for periods constituting a break-in-service. However, periods of time before and after such break-in-service shall be counted.

L. Resolution of a tie. If employees have the same number of retention points, the agency shall resolve tied scores by applying the following tie-breakers in the following order of precedence:

1. The employee with the greatest length of qualifying service with the agency,

2. The employee with the greatest length of qualifying service with the state,

3. The employee who placed highest on the eligibility list for the classification, or

4. If a tie continues to exist, it shall be broken by a lottery system.

M. Offer of a position in a different classification. An employee who meets the qualification for a different classification but has not previously established displacement rights may be offered reassignment to a position within that classification provided that such reassignment does not displace another employee in that classification.

N. Notifying employees. An agency shall give written notice at least 20 days in advance to each employee being reassigned or separated. The Council may waive the 20 day notice upon proper justification for a reduced time limit. The agency's notice shall include the number of retention points assigned to the employee, the effective date of the action, the new job classification, the pay rate, the location of the position, the employee's right to request a review of the action, and the employee's recall rights, if applicable.

O. Employee request for review.

1. Within five days of receipt of a reassignment or separation notice, an employee may submit a written request to the agency head for a review of the procedures resulting in the employee's reassignment or separation. The employee's request shall contain information concerning any errors in the calculation of retention points and a proposed resolution. The agency head shall review the request and respond to the employee within five days after receipt of the request.

2. An employee who wishes further review may submit a written request to the Council within 20 days after receiving the agency head's response. The Council shall investigate and respond to the employee and the agency head by submitting a final decision on the review within 30 days after receiving the employee's request.

P. Employee assistance. An agency shall establish a plan to assist all employees who are separated from the agency through a reduction in force.

Q. Reappointment list. If a permanent status employee is appointed to a lower classification as a result of a reduction in force or reallocation, Human Resources shall place the employee's name on a reappointment list for the last classification held and any previously held classification for which the employee is still qualified.

R. Recall list. If an employee is laid off due to a reduction in force, Human Resources shall place the former employee's name on a recall list for the last classification held and any previously held classification for which the former employee qualifies.

S. Order of names. On both recall and reappointment lists, Human Resources shall arrange the names of former employees in descending order of their retention points. If candidates have the same number of retention points, Human Resources shall resolve tied scores by applying the following tie-breakers in the following order of precedence:

1. The employee with the greatest length of qualifying service with the agency,

2. The employee with the greatest length of qualifying service with the state,

3. The employee who placed highest on the eligibility list for the classification, or

4. If a tie continues to exist, it shall be broken by a lottery system.

T. Duration of list. A former employee's name shall remain on a recall list for up to three years from the date of separation. The name of a reappointment candidate shall remain on the reappointment list until promoted or the employee separates from the agency.

U. Background screening. A candidate on a recall list shall be subject to a background screening process.

Ariz. Admin. Code § R13-5-802

New Section adopted by final rulemaking at 6 A.A.R. 2090, effective May 10, 2000 (Supp. 00-2).