HR2403 RIF POLICY - CLEAN VERSION.PDF

Maricopa County — Formal (2017-10-04)

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MARICOPA COUNTY INTERNAL POLICY
Policy Number: HR2403
Policy Title:
Current Adoption MM-DD-YYYY
REDUCTIONS IN FORCE AND FURLOUGHS Date: (Pending)
Current MM-DD-YYYY
Implementation Date: (Pending)
Board Agenda
Approved by:
Number:
BOARD OF SUPERVISORS Original Adoption
07-1998
Date:
I. PURPOSE
This policy establishes 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, including
fair employment practices and equal employment opportunities. It explains the process for accurate
and orderly identification of positions that will be subject to a RIF or Furlough and the requirements for
notifying employees that will be affected.
II. AUTHORITY
This policy, as it applies to classified employees, is based on and consistent with provisions of Maricopa
County Employee Merit System Resolution and Rules and other applicable County policies.
III. APPLICATION
This policy applies to all appointed departments and Maricopa County Special Districts. This policy
shall apply to County elected officials unless the County elected official has implemented a policy for
conducting Reductions in Force and Furloughs specific to their respective Office.
The provisions of this policy pertain 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: The employee’s assigned internal human resources office. If there is no
departmental human resources office, then Department HR refers to 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 Reduction in Force and is not considered a suspension for purposes of merit appeals.
D. HR Director: The Director of the Maricopa County Human Resources Department or the
designated representative authorized to act in this capacity.

Policy Title: Policy Number: HR2403
REDUCTIONS IN FORCE AND FURLOUGHS Current Adoption MM-DD-YYYY
Date: (Pending)
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 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 volunteer for and receive priority
consideration and possible placement within the department for vacant positions identified as
available under the provisions of 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 due to a lack of funds
or lack of work.
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. Severance Agreement: The payment of consideration in exchange for the employee's full release
of all claims against Maricopa County, offered pursuant to Policy HR2423 Severance Pay.
M. 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/or essential job
tasks.
V. POLICY
A. Appointing Authorities may seek approval for implementing a RIF when business conditions
indicate a need to eliminate positions. Typical reasons for a RIF include: a lack of funds, lack of
work, organizational change, or change of job responsibilities. Furloughs may be used as an
alternative to a RIF to accomplish a budget reduction.
B. Appointing Authorities must ensure that the process for selecting positions for a RIF or Furlough is
fair and equitable to affected employees. Detailed justification for a RIF or Furlough that supports
the proposed action must be provided in a written format to the HR Director and County Manager.
The County Human Resources Department will support the Appointing Authority and Department
HR staff throughout the process. Departments considering a Furlough in conjunction with a RIF
may combine the proposed actions into a single Justification Memorandum. The HR Director and
County Manager must approve the Justification Memorandum prior to implementation.
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Policy Title: Policy Number: HR2403
REDUCTIONS IN FORCE AND FURLOUGHS Current Adoption MM-DD-YYYY
Date: (Pending)
C. The Appointing Authority may, based on the business needs of the department, establish the
Retention Criteria for a RIF and the criteria for selecting positions that will be subject to Furlough.
The proposed criteria are subject to review and approval by the HR Director to ensure the factors
are designed to meet the stated business objective, are not designed to retain, release, or select
specific employees, and are applied consistently and equitably to the affected employees. No
individual criteria category shall be assigned a weight of over 50%, nor may any category be
assigned a weight of less than 5%.
D. Appointing Authorities may provide employees affected by a RIF with one of these two options or
neither:
1. A Job Search Assignment for up to 160 hours (4 weeks) for full-time employees (prorated for
less than full-time employees). Affected employees with 5 or more years of County service
may be placed on Job Search Assignment for up to an additional 160 hours (4 weeks) based
upon their years of County service. For purposes of this calculation, affected employees may
receive an additional 40 hours (1 week) of Job Search Assignment for each full year of County
service, beyond 4 years. Under no circumstances will an affected employee be placed on Job
Search Assignment for more than 320 hours (8 weeks). The decision to offer Job Search
Assignment shall be at the discretion of the Appointing Authority, consistently applied to all
similarly situated employees and contingent upon available funding; or
2. A Severance Agreement that provides for up to 160 hours (4 weeks) of regular pay for full-time
employees (prorated for less than full-time employees). Affected employees with 5 or more
years of County service may also receive up to an additional 160 hours (4 weeks) based upon
their years of County service. For purposes of this calculation, affected employees may receive
40 hours (1 week) of regular pay for each full year of County service, beyond 4 years. Under
no circumstances will an affected employee receive more than 320 hours (8 weeks) of regular
pay through a Severance Agreement. The decision to offer a Severance Agreement as well
as the amount of severance offered shall be at the discretion of the Appointing Authority,
consistently applied to all similarly situated employees and contingent upon available funding.
E. Under no circumstances will an Appointing Authority have the ability to re-create a Substantially
Similar Position that was abolished as a result of a RIF within 12 months of the effective date of the
RIF without the written approval of the HR Director and County Manager.
F. A RIF or Furlough may have a significant impact to the employees affected, as well as remaining
employees. Appointing Authorities shall ensure the RIF or Furlough process is conducted in a
professional manner in which all employees are treated with respect. 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, anxiety, insecurity, and rumors. 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. PROCEDURES
A. Reduction in Force Approval
1. The Appointing Authority must notify the HR Director of a proposed RIF as soon as the decision
to request such an action has been made. Every effort should be made to notify the HR Director
as early as possible of a proposed RIF, including the proposed RIF timeline, in order to ensure
there is adequate time for the review/approval process.
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Policy Title: Policy Number: HR2403
REDUCTIONS IN FORCE AND FURLOUGHS Current Adoption MM-DD-YYYY
Date: (Pending)
2. The Appointing Authority will prepare a draft RIF Justification Memorandum for the HR
Director's review that explains the specific business reason(s) for the RIF and documents how
the department will maintain services after the positions have been eliminated. The draft RIF
Justification Memorandum will contain the following information for review:
a. A detailed justification for the RIF;
b. The scope of the RIF (entire department, specific division, positions funded by a specific
grant, function, work unit, or market range/working title);
c. A list of all positions selected for RIF. For each position, include the market range, working
title, position control number, budgeted salary rate, assigned work unit, position status (e.g.
classified, unclassified, etc.), market range minimum and maximum, and whether the
position is occupied or vacant;
d. 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;
e. A list of all department positions that are available for immediate recruitment (i.e., currently,
or soon to be, vacant). For each available position, include the position control number,
market range title, working title, assigned work unit, market range minimum and maximum,
and position status (e.g. classified, unclassified, etc.). For any vacant position that is not
currently available for recruitment, provide the reason the position is not available;
f. The Appointing Authority's decision and justification for providing the affected employees
with Severance Agreements and/or Job Search Assignment, or neither;
g. The Retention Criteria that will be 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;
NOTE: The Rating Matrix shall not be used to determine any employee’s Retention
Points until the HR Director has reviewed and approved the Retention Criteria. This
approval must be done in writing in advance of the final approval of the RIF Justification
Memorandum.
h. Organizational charts depicting the department at the time of submission of the draft RIF
Justification Memorandum and how the department will be structured after the proposed
RIF is implemented; and
i. A proposed timeline for RIF events.
3. When the draft RIF Justification Memorandum is submitted to the HR Director for review, all
recruitments for positions within the department that are at or below the market range of any
position that may be eliminated in the RIF will be suspended unless the department requests
and receives a written exemption from the HR Director.
4. The HR Director will review the draft RIF Justification Memorandum and consult with the
Appointing Authority.
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Policy Title: Policy Number: HR2403
REDUCTIONS IN FORCE AND FURLOUGHS Current Adoption MM-DD-YYYY
Date: (Pending)
a. If applicable, the HR Director will provide written approval of the Retention Criteria included
in the draft RIF Justification Memorandum. Once approval of the Retention Criteria is
received, the Appointing Authority may enter Retention Criteria into a Rating Matrix to
determine the Retention Points and which employees will be affected by the RIF. The
Rating Matrix and Retention Criteria result for each employee evaluated will be validated
by the HR Director prior to approval to ensure there are no calculation errors.
5. After consultation(s) with the HR Director on the draft RIF Justification Memorandum has
concluded, the Appointing Authority shall submit a final RIF Justification Memorandum to the
HR Director and County Manager for approval, which will include all of the information listed in
this section. A RIF shall not proceed and approval is not final until the final memorandum has
been signed by the HR Director and County Manager.
B. Reduction in Force Implementation
1. Prior to final approval of the RIF Justification Memorandum, Appointing Authorities may
exercise their discretion, in consultation with the HR Director, to provide advance notice to their
department or divisions within their department that a reorganization or RIF is being considered
based on the situation and circumstances involved. Factors influencing the decision to provide
advance notice, and the amount of advance notice, may include but are not limited to: funding,
projects, job knowledge, records and County-issued items that may need to be transferred or
reallocated. Any employees who are given advance notice of a possible RIF remain
accountable to the applicable Merit Rules, County Policies, and Department Policies
throughout their employment.
2. After the final RIF Justification Memorandum 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 that all or some of the positions are being eliminated.
3. At the same Initial RIF Notification meeting, each employee in the Substantially Similar
Positions affected by the RIF will have an opportunity to review their applicable Rating Matrix
documents for accuracy, if applicable. This review should occur during or immediately following
the Initial RIF Notification meeting to allow any discrepancies to be addressed within 24 hours
of the Initial RIF Notification meeting.
4. Each affected employee will receive written notification that includes:
a. Pertinent dates, including deadlines for all RIF related events (e.g., expected last date of
employment with the department for those employees whose position is eliminated,
deadline for submitting Priority Placement declaration of interest and submission of an
online application, if applicable, etc.);
b. An explanation of the offer of a Severance Agreement as provided by Policy HR2423 and/
or any period of Job Search Assignment, if either of these options are applicable; and
c. A list of all vacant department positions available under the Priority Placement provision of
this policy.
5. HR Employment Services, in concert with other department representatives as needed, will
meet with the affected employees immediately following the Initial RIF Notification meeting to
provide information on topics relevant to the RIF. Topics may include but are not limited to:
Priority Placement, County benefits, and important contact information.
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Policy Title: Policy Number: HR2403
REDUCTIONS IN FORCE AND FURLOUGHS Current Adoption MM-DD-YYYY
Date: (Pending)
6. If applicable, once the Rating Matrix has been confirmed, a written notification shall be provided
to employees whose positions will be eliminated, confirming the available options for that
employee consistent with the RIF Justification Memorandum and the RIF timeline.
7. Once employees affected by the RIF have been notified, the Appointing Authority may inform
other department employees of the RIF and any additional information deemed helpful or
appropriate such as explanations of the scope, impact and justification for the action.
8. Classified employees affected by a RIF may file an appeal with the Merit Commission
consistent with provisions related to RIF as set forth in the applicable Merit System Resolution
and Rules.
C. Priority Placement
1. The Priority Placement process shall be handled by HR Employment Services, which shall
develop and apply procedures consistent with this policy. Any concerns about an employee’s
compliance with the established procedures shall be addressed by HR Employment Services,
so long as this is consistent with the departmental reasons and timeline set forth in the RIF
Justification Memorandum.
2. Employees affected by a RIF may declare interest in and apply for Priority Placement into
positions within the department that are vacant and available for recruitment.
a. The affected employee must meet the minimum qualifications for the position AND the
available position must be at or below the affected employee's current market range title
minimum and maximum compensation rates.
3. Unclassified employees are ineligible to be considered for any vacant, classified positions. If
an exemption has been requested and approved by the County Manager to include contract
and temporary employees, they are also ineligible to be considered for any vacant, classified
positions.
4. Affected employees who have declared interest in Priority Placement may be placed on paid
administrative leave through the duration of the Priority Placement process.
5. The Appointing Authority and HR Employment Services will make every effort to place qualified
employees that declare interest in and apply for Priority Placement into available positions
within the department.
6. The rate of pay for employees retained in positions under Priority Placement will be determined
by HR Compensation consistent with the County’s compensation policy and shall not exceed
the affected employee’s current pay rate.
7. Employees who are not retained as a result of Priority Placement will, if applicable, receive a
Severance Agreement or be placed on Job Search Assignment for the period set forth in the
RIF Justification Memorandum or until otherwise employed, whichever comes first.
D. Furlough Approval
1. The Appointing Authority must notify the HR Director of a proposed Furlough as soon as the
decision to request such an action has been made. Every effort should be made to expedite
the Furlough approval process in order to meet the proposed Furlough timeline.
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Policy Title: Policy Number: HR2403
REDUCTIONS IN FORCE AND FURLOUGHS Current Adoption MM-DD-YYYY
Date: (Pending)
2. The Appointing Authority will prepare a draft Furlough Justification Memorandum for the HR
Director's review that documents the specific business reason(s) for the Furlough and how the
department will maintain services during the Furlough. The draft Furlough Justification
Memorandum will contain the following information for review:
a. A detailed justification for the Furlough, including how the specific positions were selected
for Furlough;
b. The scope of the Furlough (entire department, specific division, function, work unit, or
market range/working title);
c. A list of all positions affected. For each position, include the employee’s name, market
range title, working title, position control number, budgeted salary, assigned work unit, and
position status (e.g. classified, unclassified, etc.).
d. A timeline of the Furlough events.
E. Furlough Implementation
1. After consultation(s) with the HR Director on the draft Furlough Justification Memorandum has
concluded, the Appointing Authority shall submit a final Furlough Justification Memorandum to
the HR Director and County Manager for approval, which will include all of the information listed
in Section E.2.a-e of this policy. A Furlough shall not proceed and approval is not final until the
final memorandum has been signed by the HR Director and County Manager.
2. Once the final Furlough Justification Memorandum is approved, the Appointing Authority shall
notify the employees affected by the Furlough. Each employee will receive written notification
that includes:
a. The reason for the Furlough.
b. The total hours of the Furlough.
c. The dates of the employee’s Furlough or the procedure for determining the dates.
d. The rules for employees on a Furlough.
i. Employees on Furloughed status shall 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 subject to a Furlough 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 they are on
Furlough status.
e. Additional information as determined by the Appointing Authority and HR Director.
3. Employees affected by a Furlough should also be informed on other topics that may include
but are not limited to: how the Furlough will affect the employee’s tenure with the County,
Arizona State Retirement System status, and the use of paid leave in lieu of the Furlough.
4. Once the employees affected by a Furlough have been notified, the Appointing Authority may
inform other department employees of the Furlough and any additional information deemed
helpful or appropriate such as explanations of the scope, impact and justification for the action.
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Policy Title: Policy Number: HR2403
REDUCTIONS IN FORCE AND FURLOUGHS Current Adoption MM-DD-YYYY
Date: (Pending)
5. 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.
Classified employees affected by a Furlough may file an appeal with the Merit Commission
consistent with provisions related to Furloughs as set forth in applicable 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 permitting the furlough of classified, unclassified and
contract employees, with rules and requirements applicable to such furloughs.
In order to avoid inconsistent language between and among the Maricopa
County Employee Merit System Resolution and Rules, the Maricopa County
Employee Leave Plan, and Maricopa County policy HR2403, “Reductions in
Force and Furloughs,” this proposed amendment excludes any language
conferring limited appeal rights to employees affected by a furlough pending
further consideration of this issue by the Maricopa County Employee Merit
Commission (C-31-09-014-6-00).
3 04-13-2011 Approved an exemption to the Maricopa County Voluntary Reduction in
Force, Reduction in Force and Furloughs Policy HR2403 to allow
unclassified General and Special Litigation employees affected by the
restructuring of the County Attorney Civil Services Division, to continue to
receive full salary and benefits for 30 days after receiving final RIF
notification, during which time they will be assigned to the Maricopa County
Career Center (C-31-11-015-6-00).
4 12-09-2015 Minor revisions to align with changes to Employee Merit System Rules (C-
31-16-016-6-00).
5 MM-DD-YYYY Modified language from “Career Center” to “Job Search Assignment”;
Clearly delineates options that exist for an Appointing Authority to provide
affected employees with either Job Search Assignment, Severance or nothing;
Prohibits an Appointing Authority from re-creating a substantially similar
position that was abolished as a result of a RIF, within 12 months of the
effective date of RIF without the written approval of the HR Director and
County Manager; Priority Placement has been modified to only allow
affected employees the opportunity to be considered for vacant positions that
exist within the department; Preferential Placement Program has been
eliminated, meaning, affected employees who are not placed through Priority
Placement will not receive any special consideration for other employment
opportunities either within or outside of their current department.
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