§ 16-188. Separation — Reduction-in-force.

(a)

A duly authorized and allocated classified service position or positions may only be abolished under one (1) of the following sets of circumstances:

(1)

Where the County Executive, pursuant to Section 822 of Article VIII of County Charter, revises a department or agency work program by reducing the expenditure level of such department or agency due to an ascertained shortfall in revenue during any fiscal year and a reduction in the number of allocated positions within said department or agency is necessary in order to satisfy such reduction in the departmental or agency expenditure level;

(2)

Where the Classification Plan is amended through classification action by abolishing an established class of work and, by virtue of the provisions of Section 16-177, the abolition of all positions allocated to said class of work;

(3)

Where a legislative act, or an executive order issued and approved pursuant to Section 503 of Article V of County Charter, abolishes a department, agency, or office, or any division or other portion thereof, and there is no provision set forth in such legislative act or executive order governing and effectuating the transfer of employees, positions, and funds from such department, agency or office, or division or other portion thereof;

(4)

Where a reduction in the compensation level of a department, agency, or office is effectuated in the County's approved, annual expense budget;

(5)

Where an appointing authority requests that a position or positions under the appointing authority's jurisdiction be abolished during any fiscal year and the Director of Human Resources Management authorizes such request; or

(6)

Where the County Executive, pursuant to Section 822 of Article VIII of County Charter, revises a department or agency work program by reducing or abolishing a unique service or function.

(b)

Whenever a position or a group of positions is scheduled to be abolished under any one (1) of the sets of circumstances described in Subsection (a), above, the Director of Human Resources Management shall implement the following procedures prior to initiating any final action to separate any employee under a separation — reduction-in-force action:

(1)

The Director of Human Resources Management shall suspend the filling of any vacant position within the classes of work to be affected by the scheduled reduction-in-force action, and may, in his discretion, suspend all lower graded classes within all class series from the date the Director of Human Resources Management is advised of the scheduled abolition of the position or group of positions until the effective date of the separation of an employee or employees under the separation — reduction-in-force action. Such action will not preclude the transfer to any existing vacant position of an individual who would otherwise be subject to reduction-in-force.

(2)

Whenever any one (1) of the sets of circumstances cited in Subsection (a), above, with respect to the abolition of a position or a group of positions is not specific as to the class or classes of work affected and/or the number of positions to be abolished, the Director of Human Resources Management shall request the appropriate appointing authority or appointing authorities, as the case may be, to supply the Director of Human Resources Management with a written statement setting forth each class of work to be affected by the separation — reduction-in-force action and the number of positions to be abolished within each such class. The written statements by appointing authorities with respect to the number of positions to be abolished within their departments, agencies, or offices and the classes of work so affected, as required in the preceding sentence, shall be made at the sole discretion of such appointing authorities and shall be binding upon the Director of Human Resources Management for purposes of any separation — reduction-in-force action taken by the Director of Human Resources Management thereafter.

(3)

The Director of Human Resources Management shall develop a retention register for each class of work within which a position or a group of positions is scheduled to be abolished.

(4)

With respect to any retention register developed for a single class of work, the Director of Human Resources Management shall place the names of all employees occupying positions in each such class of work within the department, agency, or office (highest organizational unit or entity) within which the position or group of positions is scheduled to be abolished into priority categories on each such register as follows:

(A)

All permanent status employees shall be placed in the first priority category;

(B)

All probationary status employees, all limited-term status employees, and any employee that receives an aggregate performance rating equivalent to "less than satisfactory" during the official annual performance ratings period preceding the reduction-in-force shall be placed in the second priority category; and,

(C)

All exempt status employees occupying classified service positions under the terms of temporary/provisional and temporary/emergency appointments shall be placed in the third priority category.

(5)

The Director of Human Resources Management shall compute a retention points score for each permanent status employee whose name appears in any class of work on a retention register. The retention points score for each such employee shall be equal to the product of the sum of the points per month granted for the total months of service in any classified service position multiplied by the quotient of the sum of the points granted for the official annual performance ratings received for the preceding three (3) years divided by the sum of the number of such official performance ratings where:

(A)

Each such employee shall be granted points for each month or part thereof of classified service in any classified service position, as follows:

RETENTION POINTS
Up to 24 months	1 point
25 to 60 months	1.5 points
61 months or more	2 points

 

provided, however, that no points shall be granted for any month of service in a classified service position for which an employee receives a retirement payment;

(B)

Each such employee shall be granted three (3) points for any official annual performance rating equivalent to "outstanding;" two (2) points for any official performance rating equivalent to "exceeds satisfactory;" one (1) point for any official performance rating equivalent to "satisfactory;" and a point value of zero (0) for any official performance rating equivalent to "less than satisfactory;" provided, however, that:

(i)

Where any such employee, upon initial appointment, has completed the required probationary period but has yet to receive the first official performance evaluation at the time of the scheduled abolition of a position or positions giving rise to the reduction-in-force action, then, and in such event, the official probationary performance rating shall be utilized for purposes of computing the quotient of performance evaluation points, as provided above; and

(ii)

Where any such employee's official performance rating for any year, or any such employee's probationary performance evaluation, where applicable, is absent from the employee's official personnel file, as certified to in writing by the Director of Human Resources Management, or where any such employee has initiated a grievance under the provisions of Section 16-200 with respect to the employee's official, probationary performance rating, where applicable, or the employee's latest, official performance rating, and said grievance is pending unresolved at the time of the scheduled abolition of a position or positions giving rise to the reduction-in-force action, then, and in such event, the Director of Human Resources Management shall exclude any such performance rating for purposes of computing the quotient of performance evaluation points, as provided above.

(6)

The Director of Human Resources Management shall arrange the names of all permanent status employees within the first priority category within each class of work on any retention register in descending order with the name or names of the employee or employees with the highest retention points score placed at the top of each such priority category.

(c)

Upon the development of any retention register in accordance with the procedures stipulated in Subsection (b), above, the Director of Human Resources Management shall adhere to the following retention schedule for purposes of separating employees whose names appear within each class of work on such retention register wherein a position or a group of positions has been scheduled to be abolished:

(1)

All exempt status employees whose names appear in the third priority category within each such affected class of work on such retention register, as provided in paragraph (b)(4)(C), above, shall be separated from their class of work prior to the separation of any employee whose name appears in the second or first priority categories within the same class of work on such retention register. It shall be the sole discretion of the appointing authority to determine which employees in the third priority category are to be separated from their class of work.

(2)

All limited-term employees, probationary status employees, and any employee receiving an aggregate official annual performance rating of "less than satisfactory" for the period preceding the reduction-in-force will appear in the second priority category within each such affected class of work on such retention register, as provided in paragraph (b)(4)(B), above, and shall be separated from their class of work prior to the separation of any employee whose name appears in the first priority category with the same class of work on any such register. It shall be the sole discretion of the appointing authority to determine which employees in the second priority category are to be separated from their class of work.

(3)

All permanent status employees whose names appear in the first priority category within each such affected class of work on such retention register, as provided in paragraph (b)(4)(A), above, shall be the last category of employees to be separated from their class of work. The separation of permanent status employees shall be effectuated in inverse order to the standing of such employees within the first priority category in the same class of work on such retention register. Where any permanent status employees within the first priority category in the same class of work have the same retention points score, it shall be the sole discretion of the appointing authority to determine which of the employees with the same retention points score are to be separated from their class of work. However, in any case where any such set of employees with the same retention points score includes employees who are veterans, all nonveteran employees shall be separated by the appointing authority prior to the separation of any such veteran employees. For purposes of the preceding sentence of this subparagraph, a "veteran" shall mean any such employee who would qualify as a veteran under the provisions of Section 16-163(a)(1).

(d)

Prior to the effective date of any separation — reduction-in-force action, the Director of Human Resources Management shall attempt to effectuate the reassignment, transfer, or demotion of employees whose positions are to be abolished into existing vacant positions in accordance with the provisions of Sections 16-148(a)(2), (3), (4), and (6).

(e)

Any employee who is subject to a separation — reduction-in-force action shall be given at least a fourteen (14) calendar day advance written notice thereof by the Director of Human Resources Management. Each such notice shall state the reason or reasons for the separation — reduction-in-force action and the effective date thereof; and, where the notice of separation is given to a permanent, probationary, or limited-term status employee occupying a position under the terms of a limited-term reassignment, transfer, or promotion, said notice shall also state any such employee's right to appeal such action in accordance with the procedures stipulated in Section 16-201.

(f)

Any permanent status employee who is separated under a separation — reduction-in-force action shall be entitled to have the employee's name placed on a reemployment priority register and, by virtue thereof, shall be entitled to be reemployed in certain vacant positions in accordance with the procedures stipulated in Section 16-148(a)(5).

(g)

Notwithstanding any provision in this Section to the contrary, whenever any department or agency contains a separate organizational unit which is funded solely from funds derived under the terms of Federal, State or other grant-in-aid program, such separate organizational unit shall be deemed a "department, agency, or office" for the purpose of effecting a reduction-in-force.

(h)

Whenever a department or agency receives a reduction in grant funds appropriated for a particular program or purpose that requires a reduction-in-force, such action may be limited to employees occupying positions which are funded by that grant.

(i)

Notwithstanding any provision of this Section to the contrary, whenever any department or agency can effectively demonstrate that a separate organizational unit or division exists to provide a unique service or function, with the approval of the Director of Human Resources Management, that unit or division shall constitute a single "department, agency, or office" for purposes of effecting a reduction-in-force.

(CB-1-1976; CB-98-1982; CB-44-1991; CB-43-1993; CB-25-1995; CB-18-2000; CB-22-2000; CB-91-2003)

Editor's note

Article 24, Section 1-107, Annotated Code of Maryland, provided that a county or municipality may not discriminate between residents and other citizens of the State in employment, promotion, demotion, layoff, and discharge decisions except under limited circumstances.