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478-1.19 REDUCTION IN FORCE PROCEDURE. The following procedures shall be controlling in any reduction in force required by any other provision of these rules.
SECTION 19.100. GENERAL PROVISIONS.
PAR. 19.101. A reduction in force is the separation from a job or the reduction in time-status of one or more employees as the result of a shortage of work or funds, a change in organization, or otherwise. Reduction in force shall not be used to circumvent the rules on dismissal. (09-19-96/10-01-96)
PAR. 19.102. No employee will be laid off by reduction in force except in accordance with a plan previously approved by the Commissioner. (09-19-96/10-01-96)
PAR. 19.103. The reduction in force plan submitted to the Commissioner will contain: (12-14-84/12-27-84)
A. A brief statement of the circumstances requiring the reduction in force and the proposed effective date; (12-14-84/12-27-84)
B. A definition of the competitive area; (12-14-84/12-27-84)
C. A cutoff date after which performance evaluations will not be accepted; (12-14-84/12-27-84)
D. A list of employees in each competitive job in order of retention credits on a form prescribed by or acceptable to the Commissioner, provided that retention credits need not be calculated or included on such list when any competitive job consists of only one employee or all incumbents of all jobs in the competitive area are to be separated effective the same date; (03-26-98/04-02-98)
E. Justification of any retentions under PAR. 19.700; and, (12-14-84/12-27-84)
F. The manner by which the order of retention shall be determined when employees are tied in total retention credits. (09-19-96/10-01-96)
PAR. 19.104. The Commissioner will examine the proposed plan for conformity with the rules. If the plan is not acceptable, the Commissioner will notify the department of the changes necessary. When the plan is in accordance with the rules, the Commissioner will approve the plan and notify the department. The department, on notice that the plan is approved, may proceed with the reduction in force. (09-08-92/09-21-92)
PAR. 19.105. Employee Notice. (Reference: O.C.G.A. 45-20-19) (06-26-97/06-30-97)
PAR. 19.105.1. Each employee separated or reduced in time-status by a reduction in force will be notified in writing at least thirty (30) calendar days prior to the action. Such notice shall contain at a minimum: (06-26-97/06-30-97)
a. A statement of the nature of the proposed action to be taken with respect to the affected employee; (06-26-97/06-30-97)
b. An explanation of the rights of the affected employee with respect to any right of appeal; (06-26-97/06-30-97)
c. Any opportunities with respect to possible continued employment or opportunities to apply for employment with any public or private party assuming the functions of the employee or any other similar opportunities; and, (06-26-97/06-30-97)
d. An explanation of any rights and options with respect to employment benefits, including, but not limited to, any right to continue participation in any retirement system or insurance plan. (06-26-97/06-30-97)
PAR. 19.105.2. If a reduction in force would result in the elimination of twenty-five (25) or more classified positions or the termination of twenty-five (25) or more classified employees, the appointing authority shall, at least fifteen (15) days prior to notifying employees of the proposed action, notify the President of the Senate and the Speaker of the House of the proposed reduction. The notice shall: (06-26-97/06-30-97)
a. Identify the facility(ies) and operation(s) to be affected and the estimated number of employees to be affected; and, (06-26-97/06-30-97)
b. State the reasons for the proposed action. (06-26-97/06-30-97)
PAR. 19.105.3. Par. 19.105.1 and Par. 19.105.2 shall not apply to a reduction in force which must become effective immediately if the department or agency has insufficient funds available to pay the salaries of the affected employees. (06-26-97/06-30-97)
PAR. 19.106. A copy of the approved reduction in force plan will be made available by the appointing authority for inspection by any employee or former employee who was directly affected as a result of the reduction in force. (09-19-96/10-01-96)
PAR. 19.107. Notwithstanding other paragraphs of this rule, an appointing authority may file a plan with the Commissioner to place employees in non-pay status as provided in PAR. 18.404.4. as a temporary reduction in force. As a part of the plan, the appointing authority shall define the method of determining the order employees are to be placed in non-pay status; provided, however, that any method used shall place all affected employees in the same job in non-pay status for the same amount of time. The plan will contain all other elements of a reduction in force plan except that retention credits and the order of layoff need not be considered if all employees holding positions of a particular job within the competitive area are to be placed in non-pay status for the same period of time. (09-19-96/10-01-96)
PAR. 19.108. Notwithstanding other paragraphs of this rule, an appointing authority may file a plan with the Commissioner to reduce the salary of employees as provided in Par. 17.502. Such reductions shall be made applicable to the competetitive area defined in the plan and shall reduce the salary of all affected employees for the same amount of time. The plan will contain all other elements of a reduction in force plan except that retention credits need not be calculated. (03-27-97/04-09-97)
SECTION 19.200. COMPETITIVE AREAS.
The competitive area is defined by the appointing authority as any clearly identifed organizational, budgetary, or geographic part of the department to which a reduction in force is to apply. (09-25-97/09-25-97)
SECTION. 19.300. EMPLOYEE COMPETITION.
PAR. 19.301. Competitive Jobs. The competitive jobs are those job titles/numbers to which the reduction in force is to apply. (09-19-96/10-01-96)
PAR. 19.302. Competition shall be among all employees in a job in the competitive area except as provided in Section 19.700. Each job shall be treated separately and employees shall be reduced as provided in Section 19.500. (09-19-96/10-01-96)
SECTION 19.400. TERMINATION AT ADMINISTRATIVE DISCRETION. (09-19-96/10-01-96)
PAR. 19.401. In the event of a reduction in force, employees in the competitive job in the competitive area who are on working test or contingent leave without pay shall be the first to be separated, except as provided in Section 19.700. (09-19-96/10-01-96)
PAR. 19.402. Employees on working test following a promotion shall revert to the job in which they hold permanent status and shall, if necessary, compete with other employees in that job, provided the job exists in the competitive area. (Reference: O.C.G.A. 45-20-2 (17)). (09-19-96/10-01-96)
PAR. 19.403. Employees on working test following interdepartmental transfer who have more than five (5) years continuous classified service shall revert to the last lower job, if any, in which they held permanent status. Such employees shall compete, if necessary, with other employees in the lower job, provided the job exists in the competitive area. (09-19-96/10-01-96)
SECTION 19.500. SEQUENCE FOR REDUCTION OF PERMANENT EMPLOYEES.
PAR. 19.501. Within a competitive area the order of reduction in force of employees in each job shall be: (09-19-96/10-01-96)
A. First, in ascending order of retention credits, employees who are not honorably discharged veterans of a period of armed conflict and whose average summary performance evaluation rating is lower than one (1); (09-08-92/09-21-92)
B. Second, in ascending order of retention credits, employees who are honorably discharged veterans of a period of armed conflict and whose average summary performance evaluation rating is lower than one (1); (09-08-92/09-21-92)
C. Third, in ascending order of retention credits, employees who are not honorably discharged veterans of a period of armed conflict and whose average summary performance evaluation rating is one (1) or higher; and, (09-08-92/09-21-92)
D. Fourth, in ascending order of retention credits, employees who are honorably discharged veterans of a period of armed conflict and whose average summary performance evaluation rating is one (1) or higher. (09-08-92/09-21-92)
PAR. 19.502. Within the above described groups the sequence for reduction of permanent employees shall be in ascending order of the total number of retention credits. If two or more employees are tied in the total number of retention credits and one or more but not all employees so tied are to be reached for reduction, the appointing authority shall determine the manner in which the order of retention shall be determined. (09-08-92/09-21-92)
SECTION 19.600. RETENTION CREDITS
PAR. 19.601. Retention credits shall be based upon the average summary rating of performance evaluations and length of service. (04-25-96/05-07-96)
PAR. 19.602. Summary ratings of Responsibilities on performance evaluations shall be assigned the following numerical values for the purpose of computing retention credits: (04-25-96/05-07-96)
A. One (1) for a summary rating of "Meets Expectations"; (04-25-96/05-07-96)
B. Two (2) for a summary rating of "Exceeds Expectations"; and, (04-25-96/05-07-96)
C. Three (3) for a summary rating of "Far Exceeds Expectations". (04-25-96/05-07-96)
PAR. 19.603. The average summary rating shall be derived by adding the numerical values assigned to the summary ratings of all performance evaluations issued in the two years immediately prior to the performance evaluation cutoff date and dividing the sum thereof by the number of ratings, rounded to the nearest half of a point. If no performance evaluation was issued during the two-year period, an employee will be assigned a presumptive average summary rating of one (1). (04-25-96/05-07-96)
PAR. 19.604. If, because of the provisions of Par. 19.603, a summary rating from a performance appraisal issued prior to February 1, 1996 must be used in computing the average rating of the performance appraisals, each such summary rating shall be assigned a numerical value as follows: (04-25-96/05-07-96)
A. One (1) for an appraisal rating of 3.0 through 3.9; (04-25-96/05-07-96)
B. Two (2) for an appraisal rating of 4.0 through 4.5; and, (04-25-96/05-07-96)
C. Three (3) for an appraisal rating of 4.6 through 5.0. (04-25-96/05-07-96)
PAR. 19.605. The average summary performance evaluation rating which results from the computation of ratings on performance evaluations shall be assigned the following numerical values for the purpose of computing retention credits: (04-25-96/05-07-96)
A. 76 for an average rating of 1.0; (04-25-96/05-07-96)
B. 84 for an average rating of 1.5; (04-25-96/05-07-96)
C. 92 for an average rating of 2.0; (04-25-96/05-07-96)
D. 100 for an average rating of 2.5; and, (04-25-96/05-07-96)
E. 108 for an average rating of 3.0. (04-25-96/05-07-96)
PAR. 19.606. To the numerical value shall be added one point for each full year or major fraction thereof of continuous service under the Merit System including any period of leave which has been allowed in accordance with these rules. One-half year or more will be considered as one year; less than one-half year will be disregarded. No numerical value shall be given for an average summary performance appraisal rating of less than one (1), but retention credits for length of service shall be given. The sum of the numerical value assigned for performance and the credits for length of continuous service will constitute the total number of retention credits for an employee. (09-19-96/10-01-96)
PAR. 19.607. For the purpose of determining years of continuous service as provided in Par. 19.606, service shall be computed up to the effective date of the reduction in force. (04-25-96/05-07-96)
SECTION 19.700. EXCEPTIONS IN SPECIAL CASES.
No employee shall be retained in preference to another employee in the competitive area and job who is higher in the order of reduction in force, except under the following conditions: If the position of an employee is not to be abolished and its duties cannot be satisfactorily performed, after a reasonable training period, by an employee higher in the order of selection whose position is to be abolished, the employee may be retained in preference to other employees higher in the order of retention. In such case a statement of the facts must be made in the plan of reduction of force. (04-25-96/05-07-96)
SECTION 19.800. REINSTATEMENT.
An employee who has been laid off or demoted as a result of an approved reduction-in-force plan, and who meets all the qualifications (including any licensure and certification requirements and special qualifications), shall retain status in and right to reinstatement to a classified position in the job in the competitive area from which the employee was separated for a period of one year from the date of separation or demotion and shall be reinstated in inverse order to the order of layoff or demotion. A refusal by the employee of reinstatement upon reasonable notice by the appointing authority nullifies the right to reinstatement. (06-22-00/07-14-00)
SECTION 19.900. REPORT OF REDUCTION IN FORCE.
When a reduction in force has been completed, the appointing authority shall certify to the Commissioner that such was accomplished in accordance with the plan approved by the Commissioner. (09-19-96/10-01-96)
Authority O.C.G.A. 45-20-3; 45-20-3.1; 45-20-4.
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