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A. Reason for Layoff. The city has the sole and exclusive discretion to lay off employees due to the following:

1. Budgetary and/or fiscal constraints;

2. Elimination of a position, a reduction in force, or a material change in departmental organization;

3. Failure of an employee to successfully complete the probationary period following promotion or transfer;

4. Material change in the duties of the position for which the employee lacks the necessary skills, knowledge or aptitude; and

5. Any other legitimate business reason determined by the mayor in his or her sole and exclusive discretion.

B. Layoff Procedure. No employee who has attained a regular appointment shall be laid off without first receiving at least two weeks’ advance notice, unless the employee waives such notice, or an emergency requires less notice. In lieu of notice, a laid off employee may be provided with severance pay at the sole discretion of the mayor. The mayor shall determine what constitutes an emergency. The mayor may offer an employee subject to layoff another vacant position at the same or lower pay within the department or any other department which may be available, if the employee meets the minimum qualifications for that position as determined by the mayor, or arrange for training opportunities to qualify for a change in the skills needed for a position, if feasible. Nothing in this section or these rules requires the mayor to find an employee an alternative to layoff if the mayor determines that an alternative does not exist.

C. Eligibility for Reemployment. A layoff of more than one year shall constitute a break in service for the purpose of a person’s entitlement to preferential reemployment rights. Acceptance of an appointment, other than a temporary or provisional appointment, to a position with the city constitutes satisfaction of an employee’s reemployment rights. (Ord. 14-16(AM) § 8, 2014; Ord. 03-33(SUB)(AM) § 2, 2003)