12/15/2008 Minutes - Laserfiche WebLink

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"Section 3: Abolishment of Position a. "Abolishment of Position " means the permanent deletion of a position from the organization or structure of the appointing authority due to lack of continued need for the position. Conditions under which abolishment can occur shall be in accordance with Ohio Revised Code Section 124.321 (D) and (E). b. Prior to abolishing a civil service position, the appointing authority must provide the Commission with a statement of rationale and supporting documentation for the proposed abolishment, and thereafter must file a notice of abolishment with the Commission. Section 7: Appeal A classified employee may appeal a layoff, or a displacement that is the results of a layoff, to the Civil Service Commission. The appeal shall be filed or postmarked no later than ten days after the receipt of a notice of layoff or displacement. " A general discussion commenced regarding the draft, statement of rationale, notice of abolishment, amending the draft. Rule XI, Section 3a refers to the Ohio Revised Code 124.321 (D) and (E). This describes the circumstances which would warrant the abolishment of a position due to lack of work, lack of funds and reorganization. The added Section 7 language is taken from the O.R.C. 124.328. The amendment will make the rule book more a little more user friendly. The rules are putting the employer on notification. It is by law the employer's obligation to copy the employee with the statement of rationale and notice of the abolishment. A suggestion was made to have this clearly reflected in the rule. The employee will have the notice of abolishment, the reasons, and then determines how to proceed. Firefighter, Todd Kirkpatrick, inquired about Rule XII, Reduction, Suspensions, Removals & Probationary Periods, Section 6, Appeal Procedure; it specifically indicates following the appointing authority's notice of discipline, the employee may appeal. An abolishment of a position, a lay off due to lack of work or lack of funds is not necessarily a discipline procedure. The Commission is adding language that addresses what it has been doing and have already completed; an abolishment of a position and a result of a displacement at the Waste Water Treatment Plant. The Secretary II at the plant was displaced, had seniority, and bumped another employee and filed an appeal. The displaced employee filed an appeal and the Commission heard both. There was no explicit guidance from the rules and regulations. Rule XIII, Hearing Procedure, stands separate and apart from the limitations in Rule XII that refer to disciplinary matters. The addition of Section 7 of Rule XI, would read "A classified employee may appeal a layoff, or a displacement that is the results of a layoff, to the Civil Service Commission. The appeal shall be filed or postmarked no later than ten days after the receipt of a notice of layoff or displacement." According to the rules as of April of this year, the Civil Service Commission shall apply its rules and require response to them only in situations not covered by the unions' collective bargaining agreement. A general discussion commenced regarding Rule XI, Section 3b and a suggestion was made to amend Section 3b from the draft to "Prior to abolishing a civil service position, the appointing authority shall provide the Commission and the affected employee(s) with a statement of rationale, supporting documentation for the proposed abolishment, and file a notice of abolislunent."