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establish separate Probationary and Permanent Seniority Lists for each classification targeted for layoff. The names of all City employees holding permanent and probationary status appointments in a given classification will be listed on the appropriate list in descending order by City Seniority Service Date in the entry level positions and by Rank Seniority Service Date in the promotional position of Police Sergeant. Except as provided in retreat rights below, employees on all lists shall be laid off on the basis of their Seniority Service Date, (i.e., employees with the least amount of total service shall be laid off first). All emergency, temporary, and provisional employees working in classifications similar to those identified for layoff must be terminated prior to the layoff of probationary or permanent status employees. Employees on the Probationary Status Seniority List for a specific classification will be laid off prior to employees on the Permanent Status Seniority List for that class. Probationary or permanent status employees temporarily acting out of classification or holding a provisional appointment in another classification will only be listed on a Seniority List of the class in which they hold permanent or probationary status targeted for layoff. If two (2) or more employees on a Seniority List have identical Seniority Service Dates, the tie shall be broken based on established Departmental procedures for awarding serial numbers in such instances. Before an employee with permanent or probationary status may be laid off from employment with the City of San Leandro, consideration must be given to the employee's right to voluntarily demote to a lower level classification from which he or she was originally promoted or any subsequently created intermediate level classification for which the employee possesses the basic minimum qualifications. In the process of retreating, the Rank Seniority Date List shall be utilized. Employees with the least amount of Rank Seniority shall retreat first. Any voluntary demotion to a rank below the employee's current rank shall be based on a Rank Seniority Date which is derived from a combination of all credited service in the rank to which the employee has voluntarily demoted and all credited service in higher ranks held on a probationary or permanent status. The demoting employee has a right to be retained in the highest pay step possible which is equal to or less than his or her present pay step. An employee involved in a layoff does not have a right of mandatory placement to positions with a higher pay step, i.e. promotion. Provisional employees shall be notified individually, in writing, of pending layoff as soon as possible, with no less than fifteen (15) calendar days' notification if targeted for release or reassignment. Permanent and probationary status employees should be notified individually, in writing, of pending layoffs as soon as possible, with no less than fifteen (15) calendar days' notification if targeted for release or demotion. Notice to an employee absent from work for any reason shall be sent by U.S. Mail - Return Receipt Requested. If an employee fails to accept a bona fide offer of demotion within five (5) calendar days after receipt of the offer, the employee forfeits further right to employment retention. Acceptance of a demotion does not remove the right of appeal under the appeal procedure described below. 15 SLPOA 07 Final