Final Rules (Amended 2022 09 19)_Rule 1 Corrected (1) - Flipbook - Page 35
RULE 8
(1) Employee Right to Transfer: If a transfer opportunity is available, the employee
shall have the opportunity to transfer subject to Transfer provisions set forth in these
Rules.
(2) Information Regarding Available Transfer Opportunity:
Provide general
information regarding any available transfer opportunities, e.g. classification title,
department, work schedule, etc.
(3)
Employee’s Right To Resign : The affected employees, upon being advised of
their rights, shall have the right to resign if neither employee wishes to exercise the right
to a transfer opportunity or if said opportunity is not available. The resignation shall
be effective within a reasonable time period, not to exceed thirty (30) calendar days
after the resignation decision or notice of transfer unavailability.
(4) Consequences of Employees Failing To Decide Who Will Resign: The decision
regarding who shall resign may be made by the affected employees. However, if no
decision is made within thirty (30) calendar days of the written notice, the following
shall apply:
i.
Employee Removed From Duty: The employee with the most recent
appointment, transfer or promotion which resulted in the application of the
Anti-Nepotism Policy shall be removed from duty by the employee’s appointing
authority.
ii.
Employee Returned To Previous Permanent Position: The employee
who is removed from duty shall be returned to their previous permanent
position, provided a vacancy exists in said classification.
iii.
City Terminates Employee: In the event that no vacancies exist in the
classification in which the affected employee previously held permanent
status, the appointing authority shall terminate the employee.
Due process shall be given to the affected employees whenever applicable.
d.
Right To Appeal: When an employee is affected by the Anti-Nepotism Policy, the employee
may appeal such determination to the Civil Service Commission for a final administrative
adjudication of the matter. If the employee to whom the Rule has been determined to apply
is an immediate family member of any member of the Civil Service Commission, that
Commission member shall abstain from voting on the appeal. The Civil Service Commission,
in its discretion, may use the services of a hearing officer.
e.
Anti-Nepotism Policy Administrative Procedures Not Grieveable: The procedures
contained in the Anti-Nepotism Policy shall constitute an employee’s exclusive administrative
remedy.
An employee may not file a grievance or other form of complaint for any
determination, decision or action taken under the Anti-Nepotism Policy, except as provided
herein.
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