California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 3 - Department of Human Resources › Subchapter 1 - General Civil Service Rules › Article 20 - Layoff and Demotion › Section 599.844 - Procedure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In making layoffs, the appointing power shall first
						communicate with the Department regarding the designation of the subdivision,
						if any, to be considered and submit a list of employees in the unit of layoff
						who are in the class or classes of layoff. The Department shall compute in the
						manner prescribed by the Government Code a layoff list showing the seniority
						score of each employee. After receiving this list the appointing power shall
						notify the employee or employees to be laid off. An employee compensated on a
						monthly basis shall be notified in writing at least 30 days prior to the date
						of layoff and the notice shall contain the reason for the layoff. The
						appointing power shall immediately thereafter render a written report to the
						Department on such form as may be prescribed, such report to state the name or
						names of the employees so laid off and the reasons therefor.
When the layoff is to be made in a class designated by
						the Department as a professional, scientific, administrative, management or
						executive class the appointing power shall also submit a report which rates the
						employees' current performance on the form and in the manner prescribed by the
						Department. Such form shall make provision for rating an employee in one of the
						following seniority categories: entirely satisfactory, improvement needed, or
						unsatisfactory. In computing seniority scores an employee shall have deducted
						from the seniority score twelve (12) points for a rating of improvement needed
						and thirty-six (36) points for a rating of unsatisfactory. The appointing power
						shall give the employee a copy of this report and inform the employee of the
						right to appeal this rating to the Department on the grounds that it was not
						made in good faith or was otherwise improper. Such an appeal shall be filed
						under the provisions of section
						599.903 of these regulations within
						10 days from the date the employee received a copy of the report. The filing of
						such an appeal shall not delay the effective date of the layoff. Ratings after
						they become final under this section shall not be reviewable on appeal under
						Government Code section
						19997.14.
						Whenever a demotion in lieu of layoff requires a layoff in a lower class the
						points deducted from an employee's seniority score in the higher class shall
						not be deducted from the seniority score in the lower class.
1. Change
						without regulatory effect renumbering former section
						599.844 to section
						599.843 and renumbering former
						section 599.845 to section
						599.844, including amendment of
						section and NOTE, filed 9-9-2014 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2014, No. 37).
Note: Authority cited: Sections
						  18502 and
						  19815.4(d),
						  Government Code. Reference: Sections
						  19997.3
						  and
						  19997.13,
						  Government Code.