Section 11-4 - Reduction in Force (a) A reduction in force shall not be used as a disciplinary action.
(b) Each Agency shall designate divisions for purposes of a reduction in force: - (i) Designations are effective after approval of the Governor;
- (iii) An agency shall not change division designations within sixty (60) days of a reduction in force;
- (iv) Prior to the actual reduction in force, employees in the affected positions shall be given a transfer or reappointment within the agency to available vacant positions;
- (A) Permanent employee shall also be offered positions held by non-permanent employees within their designated division only. A reduction in one division shall not displace an employee in another division;
- (B) Employees transferred or reappointed must meet the minimum requirements for the new position and shall be responsible for any cost of relocation.
(c) Identification of affected position(s) and order of separation: - (i) If a reduction in force is needed, the agency head shall;
- (A) Determine from within the Agency the affected designated reduction in force division;
- (B) Determine the affected job classification;
- (C) Determine the affected geographical area; and
- (D) Identify the affected employee(s) having the least amount of continuous Executive Branch service from the most recent date of hire;
- (I) Employees with non-permanent status shall be identified for reduction in force prior to employees with permanent status;
- (II) If two (2) or more employees within the same job classification have the same amount of continuous Executive Branch service, the agency head shall determine in its discretion which employee is to be separated.
(d) Responsibilities of the Agency Head: - (i) The agency head shall provide at least thirty (30) days notification of the separation date in writing to the affected employee and the Human Resources Division;
- (ii) An agency head shall automatically consider a permanent employee, who has been separated due to a reduction in force, in the candidate group for the class held at the time of separation for a period of twenty-four (24) months;
- (A) Prior to the employment of any other candidate with no greater preference, a permanent employee separated by a reduction in force shall be offered reinstatement to a vacant position within the agency, within the division (as designated for purpose of reduction in force) last employed and within the class held at the time of separation;
- (B) Reinstatement shall be made in reverse order of separation (last separated, first hired).
006-11 Wyo. Code R. § 11-4