41-763.04. Reduction in force procedures

A. The director shall establish reduction in force procedures to be used by all state agencies if reductions are required by reason of lack of monies or work, abolition of a position, a material change in duties or organization or the introduction of other cost reduction initiatives and for reemployment of employees separated by reduction in force.

B. The procedures shall give substantially equal consideration in both reduction in force and reemployment to the person's performance record and seniority in service. Consideration of the person's performance is limited to performance, as measured by up to the three most recent performance evaluations conducted using a performance measurement system approved by the director, during a period of not more than the two years immediately preceding the reduction in force. Consideration of the person's seniority is limited to tenure in the current job class series as defined in the personnel rules during the five years immediately preceding the reduction in force.

C. The procedures shall provide for a reduction in force to be limited to a single agency or organizational unit of an agency or agency operations within a geographic area.

D. The procedures shall provide for an expedited review of any determinations made during a reduction in force.

E. The procedures shall provide that if, by legislative action or otherwise, part or all of the functions of one department or agency are transferred to another department or agency, the affected employees shall be accepted as transfers by the receiving department or agency at the same pay grade unless the receiving department or agency has no need for the particular position or positions. If this is true the rules concerning reduction in force apply, and the employees shall not be transferred to the receiving department or agency with the transfer of the function and these employees have reduction in force rights in the department or agency from which the function has been abolished or transferred.

41-763.04. Reduction in force procedures

A. The director shall establish reduction in force procedures to be used by all state agencies if reductions are required by reason of lack of monies or work, abolition of a position, a material change in duties or organization or the introduction of other cost reduction initiatives and for reemployment of employees separated by reduction in force.

B. The procedures shall give substantially equal consideration in both reduction in force and reemployment to the person's performance record and seniority in service. Consideration of the person's performance is limited to performance, as measured by up to the three most recent performance evaluations conducted using a performance measurement system approved by the director, during a period of not more than the two years immediately preceding the reduction in force. Consideration of the person's seniority is limited to tenure in the current job class series as defined in the personnel rules during the five years immediately preceding the reduction in force.

C. The procedures shall provide for a reduction in force to be limited to a single agency or organizational unit of an agency or agency operations within a geographic area.

D. The procedures shall provide for an expedited review of any determinations made during a reduction in force.

E. The procedures shall provide that if, by legislative action or otherwise, part or all of the functions of one department or agency are transferred to another department or agency, the affected employees shall be accepted as transfers by the receiving department or agency at the same pay grade unless the receiving department or agency has no need for the particular position or positions. If this is true the rules concerning reduction in force apply, and the employees shall not be transferred to the receiving department or agency with the transfer of the function and these employees have reduction in force rights in the department or agency from which the function has been abolished or transferred.