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Probationary or permanent status employees temporarily acting out of classification or holding a <br />provisional appointment in another classification will only be listed on a Seniority List of the class <br />in which they hold permanent or probationary status targeted for layoff. <br />If two (2) or more employees on a Seniority List have identical Seniority Service Dates, the tie shall <br />be broken based on established Departmental procedures for awarding serial numbers in such <br />instances. <br />Before an employee with permanent or probationary status may be laid off from employment with <br />the City of San Leandro, consideration must be given to the employee's right to voluntarily demote <br />to a lower level classification from which he or she was originally promoted or any subsequently <br />created intermediate level classification for which the employee possesses the basic minimum <br />qualifications. <br />In the process of retreating, the Rank Seniority Date List shall be utilized. Employees with the least <br />amount of Rank Seniority shall retreat first. Any voluntary demotion to a rank below the <br />employee's current rank shall be based on a Rank Seniority Date which is derived from a <br />combination of all credited service in the rank to which the employee has voluntarily demoted and <br />all credited service in higher ranks held on a probationary or permanent status. <br />The demoting employee has a right to be retained in the highest pay step possible which is equal to <br />or less than his or her present pay step. An employee involved in a layoff does not have a right of <br />mandatory placement to positions with a higher pay step, i.e. promotion. <br />Provisional employees shall be notified individually, in writing, of pending layoff as soon as <br />possible, with no less than fifteen (15) calendar days' notification if targeted for release or <br />reassignment. <br />Permanent and probationary status employees should be notified individually, in writing, of pending <br />layoffs as soon as possible, with no less than fifteen (15) calendar days' notification if targeted for <br />release or demotion. Notice to an employee absent from work for any reason shall be sent by U.S. <br />Mail -Return Receipt Requested. <br />If an employee fails to accept a bona fide offer of demotion within five (5) calendar days after <br />receipt of the offer, the employee forfeits further right to employment retention. Acceptance of a <br />demotion does not remove the right of appeal under the appeal procedure described below. <br />The names of all probationary and permanent employees released or demoted from positions in the <br />competitive service as a result of layoff or demotion must be placed on Reemployment Lists for <br />those classifications from which the employee was removed, as well as all other classifications to <br />which they have demotion rights in accordance with employee retreat rights. <br />The Reemployment List for employees who were laid off shall remain in effect for two (2) years <br />from the date of the layoff. Said list shall remain in effect indefinitely for employees who were <br />demoted. <br />Vacancies in any classification for which there is an active Reemployment List must use the <br />Reemployment List to fill their positions and may not use any other recruitment or appointment <br />method to fill a vacancy until appropriate Reemployment Lists have been exhausted. <br />15 <br />