8-30-320 - Layoffs Notice Abolishment of positions Placement.
8-30-320. Layoffs Notice Abolishment of positions Placement.
(a) (1) (A) In accordance with the rules, an appointing authority may lay off an employee in the career service whenever the appointing authority deems it necessary by reason of shortage of work or funds, or the abolition of a position or other material change in duties or organization.
(B) Any career employee whose position is abolished because of a reduction-in-force shall be provided written notice containing the reason for the layoff at least ninety (90) days in advance of the effective date of the position abolishment. Any career service employee identified for possible layoff as the least senior in a job classification in a competitive area affected by the reduction-in-force procedure shall be notified of the possibility of a layoff no less than ninety (90) days before the effective date of the layoff. Subject to certification by the commissioner of finance and administration that the rainy day fund is likely to fall below one hundred million dollars ($100,000,000), any notice required by this section may be reduced to a period of time no less than thirty (30) days. Nothing in this section shall place the state in a position of liability for the federal or grant portion of any employee's salary in cases where the state had less than one hundred twenty (120) days' notice of the funding reduction, nor shall the requirement for notice prohibit any agency from closing the fiscal year with a balanced budget. In such cases, employees shall be provided the maximum layoff notice period possible. This ninety (90) day period shall be used for career counseling, job testing and placement efforts. Upon receipt of notice, the employee shall be eligible for placement on the layoff list as provided for in § 8-30-322.
(2) In determining the order of layoffs, departmental and total state service shall be the predominant factors. Departmental service shall be counted on a year-for-year basis and other state service shall be added on a year for one (1) year basis to determine total seniority. Any employee involuntarily transferred from an agency, board, or department pursuant to § 4-4-102, or by any other means, shall be entitled to count the state service seniority from the department from which involuntarily transferred at full credit. A person entitled to military preference in appointment shall be credited for an additional five (5) years of departmental state service. Prior to the initiation of any reduction in force action, former career service employees who are in a job-sharing situation shall, where possible, be given the opportunity to return to full-time employment, within their competitive area, with career status. Such return to full-time employment shall not displace any career employee. Performance ratings may be considered in a manner prescribed by rule in determining the order of layoff only when the seniority calculations produce an order of layoff difference of less than one (1) year. Nothing in the preceding sentence shall be construed to prevent the precedence of any affirmative action program or goal which may be implemented by a state agency. The appointing authority shall give written notice to the commissioner of every proposed layoff a reasonable time before the effective date thereof, and the commissioner shall make such orders relating thereto as the commissioner considers necessary to secure compliance with the rules.
(b) A position in the career service shall not be considered to have been abolished as provided in subsection (a) if the same or essentially similar duties are incorporated in a new position in the same agency within two (2) years of the date a career service employee is required to transfer, bump, retreat, or is placed in layoff status because of the position abolishment. Any career service employee so affected by such position abolishment shall be offered the newly established position without further competition.
(c) If layoffs are required as a result of reductions in funding levels, an appointing authority may also reduce the scheduled hours of work, with the approval of the commissioner, to produce required agency expenditure reductions only in the event the reduction thereby lessens the number of layoffs necessary. Notwithstanding any other law to the contrary, including, but not limited to, § 4-4-105, the reduction of scheduled hours of work authorized by this section shall include the closing of any or all state departments on any day or partial day of the week when determined to be necessary by the governor as a result of reductions in funding levels.
(d) Every effort will be made to provide career employees notified of a reduction-in-force with comparable job placement within state agencies. Such placements shall be for positions for which the employees meet necessary job qualifications.
(e) If at any time prior to or during any reduction-in-force the governor determines that the reduction-in-force will impair and/or disrupt governmental services to the public, the governor shall notify the speaker of the senate and the speaker of the house of representatives of the anticipated impairment and/or disruption of such governmental services. The governor shall advise the speakers of the actions which shall be undertaken by the governor and the affected department or departments to minimize the impairment and/or disruption of such governmental services.
(f) Any involuntary reduction in rank sustained by any career service employee as a result of a reduction-in-force may not result in any salary reduction below the range maximum of the employee's new job classification. The salary of any career service employee who receives an involuntary reduction in rank may not be reduced if it falls within the salary range of the lower classification.
[Acts 1939, ch. 221, § 30; C. Supp. 1950, § 1034.52 (Williams, § 423.24dd); impl. am. Acts 1959, ch. 9, § 4; impl. am. Acts 1961, ch. 97, §§ 2, 4; T.C.A. (orig. ed.), § 8-3220; Acts 1984, ch. 658, § 1; 1986, ch. 869, § 7; 1987, ch. 69, §§ 2, 3; 1988, ch. 576, § 1; 1988, ch. 778, § 1; 1992, ch. 792, §§ 1, 2; 1993, ch. 268, §§ 1, 2; 1999, ch. 534, § 1; 2003, ch. 355, § 11; 2009, ch. 1, § 2.]