REDUCTION IN FORCE AND FURLOUGH POLICY (HR2403) 08-21-2019.PDF
Extracted text (via pymupdf_layout)
14849 characters
MARICOPA COUNTY INTERNAL POLICY Policy Title: Policy Number: HR2403 REDUCTIONS IN FORCE AND Current Adoption Date: 08-21-2019 FURLOUGHS Current Implementation Date: 08-21-2019 Approved by: Board Agenda Number: C-31-18-008-6-01 BOARD OF SUPERVISORS Original Adoption Date: 07-1998 I. PURPOSE To establish requirements for conducting a Reduction in Force (RIF) or a Furlough to meet business needs while maintaining compliance with all applicable federal, state, and local laws. II. AUTHORITY This Policy is authorized by the Board of Supervisors pursuant to A.R.S. § 11-251. III. APPLICATION This Policy applies to all Maricopa County appointed departments as well as the Flood Control District of Maricopa County and the Maricopa County Library District (Special Districts). The Board of Supervisors is authorized to jointly adopt policies applying to the Special Districts under the Intergovernmental Agreement, C-06-18-393-6-00, approved on April 11, 2018. This Policy also applies to County elected offices unless the elected official has implemented a similar policy specific to his or her office. This Policy pertains to classified and unclassified employees (excluding contract and temporary employees) affected by a RIF. An Appointing Authority may request approval from the County Manager to conduct a RIF that includes contract and temporary employees consistent with the procedures outlined in this Policy. IV. DEFINITIONS A. Appointing Authority: An elected official, the single administrative or executive head of a Department/Special District, or the designated representative authorized to act in this capacity. B. Department HR: An employee’s assigned internal human resources office or, when an internal human resources office does not exist, the department’s assigned HR Liaison. C. Furlough: A mandatory unpaid leave of one or more days imposed on employees by a department facing a budget deficit or shortfall. A Furlough may be imposed independently or in conjunction with a RIF and is not considered a suspension or involuntary demotion for purposes of merit appeals under the Employee Merit System Resolution and Rules. D. HR Director: The Director of the Maricopa County Human Resources Department or the designated representative authorized to act in this capacity. E. Initial RIF Notification: The Appointing Authority's first meeting with, which will include written communication to, affected department employees informing them that positions will be Policy Title: Policy Number: HR2403 REDUCTIONS IN FORCE AND FURLOUGHS Current Adoption Date: 08-21-2019 eliminated as part of a RIF. This meeting shall not occur until the HR Director and County Manager have approved the Appointing Authority's RIF Justification Memorandum. F. Job Search Assignment: Administrative leave period prior to separation or placement during which RIF affected employees continue to receive pay and benefits while they pursue opportunities for alternate employment both within and outside of Maricopa County. G. Priority Placement: A process for employees affected by a RIF to receive priority consideration and possible placement within the department for vacant positions identified as available under this Policy. H. Rating Matrix: A tool that uses Retention Criteria during a RIF to calculate Retention Points for employees working in Substantially Similar Positions. I. Reduction in Force (RIF): The involuntary separation of employees from County employment as the result of an organizational or departmental decision to eliminate positions. J. Retention Criteria: The factors, weighted according to their relative importance to the position held, which are used to calculate Retention Points on a Rating Matrix. K. Retention Points: The numerical scores generated by a Rating Matrix that are used to determine which employees will be affected by a RIF. L. Substantially Similar Position: Positions selected for a RIF that are in the same market range title, typically the same working title, and have similar duties, qualifications, and essential job tasks. V. POLICY Appointing Authorities must ensure that the process for selecting positions for a RIF or Furlough is fair. A. Justification Memo: A written detailed justification memo for a RIF or Furlough must be approved by the HR Director and County Manager prior to implementation. Departments considering a Furlough in conjunction with a RIF may combine the proposed actions into a single justification memo. B. Retention Criteria: Appointing Authorities establish Retention Criteria and the criteria for selecting positions that will be subject to Furlough based on the business needs of the department. The proposed criteria are subject to review and approval by the HR Director. No individual criteria category shall be assigned a weight of over 50%, nor may any category be assigned a weight of less than 5%. C. Job Search Assignment: Contingent upon available funding, Appointing Authorities may provide all similarly situated employees affected by a RIF with a Job Search Assignment as follows: 1. Up to 160 hours (4 weeks) for full-time employees with less than 5 years of County service. 2. Up to an additional 160 hours (4 weeks) for full-time employees with 5 or more years of County service. Page 2 of 6 Policy Title: Policy Number: HR2403 REDUCTIONS IN FORCE AND FURLOUGHS Current Adoption Date: 08-21-2019 Calculation: An additional 40 hours (1 week) for each full year of County service beyond 4 years. 3. Maximum: 320 hours (8 weeks) 4. Prorated for less than full-time employees. D. Appointing Authorities shall not re-create a Substantially Similar Position that was abolished as a result of a RIF within 12 months of the RIF without the written approval of the HR Director and County Manager. E. Clear communication with employees regarding the business necessity for the RIF or Furlough, and the department’s strategy for the future, is encouraged to help minimize confusion and rumors. F. County Human Resources shall work with the Arizona@Work Division of the Maricopa County Human Services Department to provide job search information and resources to affected employees. VI. REDUCTION IN FORCE Appointing Authorities may request approval of RIFs when business conditions indicate a need to eliminate positions (e.g., a lack of funds or work, organizational change, or change of job responsibilities). A. RIF Justification Memo – Should Contain: 1. A detailed justification for the RIF. 2. The scope of the RIF (e.g., entire department, specific division or market range/working titles, specific grant, etc.). 3. A list of all positions selected for RIF to include the position control number, market range title, working title, assigned work unit, position status (e.g. classified, unclassified, etc.), budgeted rate, and whether the position is occupied or vacant. 4. If grant-funded positions are to be eliminated, include copies of the grant and confirmation that each employee in the selected position(s) signed an acknowledgment of their grant- funded position status; it is not necessary to include copies of the acknowledgments. 5. A list of all department positions that are available for immediate recruitment (i.e., currently, or soon to be, vacant) to include the position control number, market range title, working title, assigned work unit, and position status (e.g. classified, unclassified, etc.). 6. If applicable, the Appointing Authority's decision and reason for providing the affected employees with Job Search Assignments. 7. The Retention Criteria used for the Rating Matrix, or the justification for not using a Rating Matrix, for each group of Substantially Similar Positions that are affected by the RIF if all of the Substantially Similar Positions will not be eliminated. 8. A proposed timeline for RIF events. Page 3 of 6 Policy Title: Policy Number: HR2403 REDUCTIONS IN FORCE AND FURLOUGHS Current Adoption Date: 08-21-2019 B. Approval Process 1. Appointing Authorities must notify their Deputy/Assistant County Manager of a proposed RIF as soon as the decision to request such an action has been made and work with their HR Group Manager on the RIF process. 2. HR Group Manager submits a RIF Justification Memo for Legal Counsel's review and HR Director’s approval. 3. If approved, HR Group Manager provides the memo to the Deputy/Assistant County Manager. 4. The Deputy/Assistant County Manager will seek the County Manager’s approval of the memo. 5. A copy of the approved memo should be submitted to Human Resources. 6. When the RIF memo is approved by the County Manager, all recruitments for positions within the department that are at or below the market range midpoint of any position eliminated in the RIF will be suspended unless the department requests and receives a written exemption from the HR Director. C. Reduction in Force Implementation 1. Advanced Notice: Prior to the final approval of RIF Justification Memos, Appointing Authorities may, in consultation with the HR Director, exercise their discretion to provide advance notice to their department that a RIF is being considered. Factors influencing the decision to provide advance notice may include: the need to transfer projects, job knowledge, records, and County-issued items to others. 2. Initial RIF Notification: After the RIF Justification Memo is approved by the HR Director and the County Manager, the Appointing Authority shall conduct an Initial RIF Notification meeting to notify employees in affected positions of the RIF and provide information relevant to the RIF. 3. Rating Matrix Employee Review: Employees affected by the RIF will have an opportunity to review their Rating Matrix documents for accuracy. This review should occur during or immediately following the Initial RIF Notification meeting to allow any discrepancies to be addressed within 24 hours. 4. Employee Written Notification – Should contain: a. Pertinent dates and deadlines for all RIF related events (e.g., expected last date of employment, deadline for submitting Priority Placement documentation, etc.). b. If applicable, an explanation of the Job Search Assignments. c. A list of vacant department positions available under Priority Placement. 5. Department Notification: Once employees affected by the RIF are notified, the Appointing Authority may inform other department employees of the RIF and any additional information deemed appropriate (e.g., explanations of the scope, impact, and justification for the action). Page 4 of 6 Policy Title: Policy Number: HR2403 REDUCTIONS IN FORCE AND FURLOUGHS Current Adoption Date: 08-21-2019 6. Appeal: Classified employees affected by a RIF may file an appeal with the Merit Commission consistent with provisions set forth in the applicable Employee Merit System Resolution and Rules. D. Priority Placement 1. Employees affected by a RIF may apply for Priority Placement into positions within the department that are vacant and available for recruitment. 2. The employees must meet the minimum qualifications for the position and the available position’s market range midpoint must be at or below the employees’ current market range midpoint. 3. Employees who meet the minimum qualifications for a Priority Placement position shall receive priority consideration and receive an interview for the vacant position. 4. The rate of pay for employees offered positions under Priority Placement will be determined by HR Compensation and shall not exceed the affected employee’s current pay rate. VII. FURLOUGHS Furloughs may be used independently or in conjunction with a RIF because of a budget deficit or shortfall. A. Furlough Justification Memo – Should Contain: 1. A detailed justification for the Furlough, including how the positions were selected for Furlough. 2. The scope of the Furlough (e.g., entire department, specific division or market range/working titles). 3. A list of all positions affected to include the employee’s name, market range title, working title, position control number, salary, assigned work unit, and position status (e.g. classified, unclassified, etc.). 4. A timeline of the Furlough events. B. Approval Process 1. Appointing Authorities must notify their Deputy/Assistant County Manager of a proposed Furlough as soon as the decision to request such an action has been made and work with their HR Group Manager on the Furlough process. 2. HR Group Manager submits a Furlough Justification Memo to the HR Director for approval. 3. If approved, HR Group Manager provides the memo to the Deputy/Assistant County Manager. 4. The Deputy/Assistant County Manager will seek the County Manager’s approval of the memo. 5. A copy of the approved memo should be submitted to Human Resources. Page 5 of 6 Policy Title: Policy Number: HR2403 REDUCTIONS IN FORCE AND FURLOUGHS Current Adoption Date: 08-21-2019 C. Furlough Implementation 1. Employee Written Notification: Once the Furlough Justification Memo is approved, the Appointing Authority shall notify the affected employees in writing to include: a. The reason for the Furlough. b. The dates and total hours of the Furlough. c. The rules for employees on a Furlough. i. Employees accrue leave and remain eligible for holiday pay if a Furlough is taken before or after a holiday, or other paid time off, as appropriate. ii. Employees will not at a later time be compensated for their unpaid Furlough days. iii. Employees are not to perform any work for the County whatsoever while on a Furlough. d. Additional information as determined by the Appointing Authority and HR Director. 2. Department Notification: Once the employees affected by a Furlough are notified, the Appointing Authority may inform other department employees of the Furlough and any additional information deemed appropriate (e.g., explanations of the scope, impact, and justification for the action). 3. Concerns: Employees with concerns regarding the manner in which the Furlough was implemented should discuss their concerns with their Department HR and Appointing Authority for resolution. 4. Appeal: Classified employees affected by a Furlough may file an appeal with the Merit Commission consistent with provisions set forth in the applicable Employee Merit System Resolution and Rules. Revision History Version Revision Date Description of Revision 1 07-1998 Initial version 2 05-20-2009 Added a new section on furloughs. (C-31-09-014-6-00) 4 12-09-2015 Minor revisions to align with Employee Merit System Rules’ changes. (C-31-16-016-6-00) 5 10-4-2017 Added language for re-creating RIF positions. Modified Priority Placement to within a department. Eliminated Preferential Placement. (C-31-18-008-6-00) 6 08-21-2019 Updated language for consistency, eliminated requirements for draft memos, and outlined the approval process. (C-31-18-008-6-01) Page 6 of 6