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A. Reinstatement and Reemployment.

1. Return from Military Leave. A city employee who returns from military leave shall be reinstated to his/her former position if the city is required to do so under state or federal law.

2. Reinstatement as a Result of Successful Appeal. If, through the procedures established in WMC Chapter 3.75, it is determined that an employee who has obtained a regular appointment has been dismissed without just cause, the employee may be reinstated to his or her former position.

3. Reemployment After Layoff. An employee who has attained a regular appointment who is in layoff status for 12 months or less, and who has requested reemployment in writing, may be reemployed within one year from the effective date of the layoff. The mayor may approve reemployment if the candidate qualifies for the vacant position. The service time of a reemployed employee shall be adjusted to include the period of employment prior to layoff. He or she shall be eligible to receive a step increase as provided in WMC 3.55.060 and 3.55.070.

B. Promotion. A promotion is the movement of an employee from a position in one grade to a position in another grade having a higher pay range. Vacancies in the classified service shall be filled by promotion whenever practicable and in the best interest of the city if the employee who applies for promotion is the most qualified applicant for the position. Applicants for promotions must meet the qualifications for the vacant positions as described in the recruitment announcement. The city is not required to promote such employees to vacant positions. Promoted employees will serve a promotional probationary period of six months during which the employee may be disciplined, up to and including dismissal, without just cause. All paid time off and benefits will continue during this probationary period. Employees dismissed during the promotional probationary period may return to their previous position only if it is vacant at the time of dismissal, otherwise the employee will be laid off. Promotions shall be based upon merit and shall be made in accordance with the procedures established in these rules.

C. Transfer. A transfer is the lateral movement from one position to another position in the same grade, without any break in service. The transfer may be within a department, or from one department to another. Transferred employees will serve a transfer probationary period of six months during which the employee may be disciplined, up to and including dismissal, without just cause. A transferred employee will continue to accrue paid time off and receive benefits during this probationary period as long as the employee has already successfully completed a probationary period. Employees dismissed during the transfer probationary period may return to their previous position only if it is vacant at the time of dismissal, otherwise the employee will be laid off. The mayor may require a written exam or other documentation for the purpose of determining the employee’s qualifications for the new position. All transfers shall be reviewed by the mayor prior to taking effect.

1. Within a Department. Transfer of a qualified employee within a department from one position to another in the same grade may be made without examination or certification at the discretion of the department head.

2. Between Departments. At the joint request of department heads and with prior approval of the mayor, a qualified employee may be transferred from one position to another in the same grade, between two departments.

3. Employee Request. An employee may request transfer from one department to another. He or she shall send his or her written request to the mayor with a copy to the department head. If transfer is approved by the mayor, the employee’s name will be added as a candidate to the eligibility list for any position vacancy that occurs, for consideration by the department head concerned.

4. Involuntary. Any transfer between departments without the consent of the employee must be approved in advance by the mayor. The department heads concerned shall initially furnish an explanation in writing of the reasons for the change or transfer, and the employee will receive two weeks’ notice, unless the circumstances warrant less notice or no notice, or the employee waives the notice requirement.

5. Transfers or Promotions. Transfers or promotions shall be completed with the mutual agreement of the department heads concerned and shall normally be effective within two weeks of acceptance, or at the start of the next pay period.

6. Employee Notice of Transfer. Upon approval of the mayor, and before completion of any transfer, the employee shall be notified in writing of any change in status including but not limited to pay and any requirement for serving a probationary period.

D. Demotion. The movement of an employee to a position in one grade to a position in another grade with a lower pay range (“lower grade”) is a demotion. An employee may be demoted into a lower grade position vacancy with the approval of the department head for that vacant position and the mayor. Such a demotion requires that the employee be qualified for the position to which demotion is made. The mayor may require a written examination or other evidence of the employee’s qualifications. A demoted employee shall serve a demotion probationary period of six months during which the employee may be disciplined, up to and including dismissal, without just cause. A demoted employee will continue to accrue paid time off and receive benefits during this probationary period as long as the employee has already successfully completed a probationary period.

1. Reasons.

a. For lack of work or as a result of disciplinary action. An employee may be demoted for lack of work in his or her position, or as a result of disciplinary action. An employee who has attained a regular appointment may challenge his or her demotion for disciplinary reasons in accordance with WMC Chapter 3.75.

b. Employee Requests. If for personal or other reasons, an employee requests in writing that he or she be assigned to a vacant position in a lower grade, the department head for that vacant position may make such a demotion with prior approval of the mayor in writing. In such cases, the demotion will be deemed to have been made on a voluntary basis. Such a demotion shall not be made to a position unless it is vacant.

c. As a result of budget adjustments or personnel reorganization by the mayor or city council, employees may be transferred and/or demoted into other positions at the discretion of the mayor.

2. From Confidential/Managerial to Classified Service.

a. An employee serving in a confidential/managerial position who previously held a position in the classified service, and who requests to return to the classified service, may be placed in a vacant classified position with the approval of the department head and the mayor. Such a demotion shall be allowed only if the employee is qualified to hold the position sought in the opinion of the mayor. The mayor may require a written examination or other evidence of the employee’s qualifications.

b. In all other situations, an employee serving in a confidential/managerial position shall be required to compete for appointment to a position in the classified service in accordance with the provisions of this title.

3. Demotions are accompanied by a pay decrease. (Ord. 16-01(AM) § 4, 2016; Ord. 09-44 § 7, 2009; Ord. 03-33(SUB)(AM) § 2, 2003)