HR2403 RIF POLICY - CLEAN VERSION.PDF
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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. Page 2 of 8 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. Page 3 of 8 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. Page 4 of 8 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. Page 5 of 8 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. Page 6 of 8 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. Page 7 of 8 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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