GOVERNMENT
OF
DEPARTMENTAL/AGENCY
PROCEDURES FOR
LAYOFF,
DEMOTION, OR SALARY REDUCTION
PURSUANT
TO SECTION 13 OF PUBLIC LAW 17-5
GG-100 A. GROUNDS
OF LAYOFF
The Administrator
may, acting in good faith, layoff any employee in the classified service
holding a permanent appointment whenever it is necessary because of lack of
work, or funds, or to promote efficiency, or in the interest of economy.
The Administrator shall
exhaust all available alternatives in relocating or reassigning employees
before a layoff is initiated.
When a
layoff is being planned, the Hospital shall be required to freeze all
non-essential personnel actions on positions substantially similar or closely
related to those occupied by employees who are subject to layoff. For example, if a department decides to
layoff an Accountant III, there shall be no recruitment, promotion, transfer,
reclassification or related action to be taken on substantially similar or
closely related positions such as Accountant I and II, Accounting Technician
class series, or other fiscal positions.
B. DEFINITIONS
1. Class or Class of Positions: The logical and reasonable grouping of duties
and responsibilities with respect to the kind or subject matter of work, level
of difficulty and responsibility, and qualification requirements of the work to
warrant similar treatment in personnel and pay administration. (Examples:
Clerk I, Clerk-Typist I, Planner IV, Painter II, Teacher IV, etc., are
classes of positions.)
2. Demotion (Voluntary): The voluntary movement of an employee from a
higher to a lower position with the same or lower salary in the same
department/agency in order to retain employment when layoff from his position
is forthcoming.
3. Government of Guam Employment Service: All employment service (with pay) in the
government of
4. Layoff: The involuntary termination of an employee
for other than disciplinary reasons which does not reflect discredit on the
service of the employee and includes a reduction-in-force for any of the
reasons stated in GG-100A.
5. Performance Rating: The appraisal or evaluation of the work
performance of an employee by each Division Manager as required in their
respective Personnel Rules and Regulations.
6. Position: The work, consisting of the duties, functions
and responsibilities, assignable to an employee.
7. Reduction in Salary: The lowering of an employee's salary while
continuing to occupy the same position in order to retain employment when layoff
from his position is forthcoming and the action is voluntary on the part of the
employee.
8. Transfer (Voluntary): The voluntary movement of an employee from
one position to another in the same or to a different department/agency with
the same pay grade and salary and to the same position title or to another
position (with the same pay grade and salary) having substantially similar
duties and responsibilities and qualification requirements in order to retain
employment when layoff from his position is forthcoming.
9. Transfer and Demotion
(Voluntary): The voluntary movement of
an employee from a higher to a lower position and pay grade with the same or
lower salary in the same or to a different department/agency in order to retain
employment when layoff from his position is forthcoming.
10. Transfer
and Reduction in Salary (Voluntary):
The voluntary movement of an employee from one position to another in
the same or to a different department/agency while retaining the same pay grade
but to a lower pay step in the salary schedule in order to retain employment
when layoff from his position is forthcoming.
11. Vacancy: An established, budgeted, and unencumbered
position.
C. COVERAGE
This
procedure covers all departments, bureaus, agencies, commissions, or other
instrumentalities, whether autonomous, semi-autonomous, or non-autonomous, in
the Executive Branch of the government of
GG-105 A. WRITTEN
NOTICE
Any
employee, including casual or non-regular employee, in the classified service
who is subject to layoff shall be given written notice of at least 60 calendar
days prior to effective date of layoff.
1. In situations where for the convenience
of the government it is necessary to terminate an employment without giving the
60 calendar day notice, the employee shall be retained in pay status until the
notice period shall have run. This
provision shall not apply to a person whose employment is terminated for cause.
2. In instances where an employee has been
continued in pay status but has been relieved of duties, the employee shall not
be given a lump sum payment for the period of notice to which entitled but
shall, instead, be paid on a biweekly basis and such payment shall continue
only so long as the employee certifies under oath that he has not obtained new
employment. The obtaining of new
employment during the notice period shall constitute a waiver by the employee
to any further claim for the pay to which he would otherwise be entitled.
3. An employee must immediately report to his
Division Manager the effective date of his new employment obtained during the
60 calendar day notice period. A written
certification from his new employer must be presented to the Division Manager,
stating the effective date of his new employment.
4. An employee who continues to receive
layoff payments from the government after becoming newly employed, shall
reimburse the government for all payments received from the effective date of
his new employment to the expiration date of the 60 calendar day notice period.
5. The contents of the written notice of
layoff shall include the following information:
a. The specific layoff action to be taken.
b. The effective date of the action.
c. The employee's retention standing.
d. The place where the employee may
inspect the regulations and records pertinent to his case.
e. The written notice of layoff must
include a provision that the employee has the right to appeal to the Civil
Service Commission within 20 calendar days from either the date the notice was
received, or the date of release, as provided in GG-140 on appeal.
6. A copy of the layoff procedures shall
be provided to each employee subject to layoff.
GG-110 A. ORDER OF
LAYOFF
The order of
layoff shall be determined by the Administrator in accordance with the
following formula, and shall be applied on a department-wide or agency-wide
basis:
1. The Administrator shall determine where
in the hospital the layoff shall occur.
2. The Administrator shall determine the
position class(es) (e.g., Clerk-Typist I, II, and III) and the number of
positions to be eliminated.
3. Affected employees of the
department/agency occupying the same position class(es) shall be released in
the following order:
a. First - Part-time, short term or
seasonal
b. Second - Provisional
c. Third - Temporary or limited-term
d. Fourth - Probationary (initial)
4. If additional layoffs are necessary,
all employees not covered under GG-110(A)(3) shall be subject to layoff based
on the following procedures:
a. A combination of performance rating and
seniority based on actual GovGuam employment service will be utilized in
determining the order of layoff. For
example, if a Division Manager decides to layoff a Clerk-Typist III, then the
performance rating and seniority of service shall be based on the total actual
government of Guam employment service, including services held by the employee
in other position(s) within the government of
1. One
point shall be allowed for each complete month of actual GovGuam employment
service.
2. Two points shall be allowed for each
satisfactory performance rating on the present position held.
3. Four points shall be given for each
outstanding performance rating on the present position held.
4. One point shall be allowed for each
satisfactory performance rating on all prior position(s) held.
5. Two points shall be allowed for each
outstanding performance rating on all prior position(s) held.
6. An employee, on pay status, who was
(is) on in-service training during a performance rating period, who did not
receive a performance rating shall be deemed to have performed satisfactorily
during this period, provided he or she continuously participated in the
in-service training program. Two points
shall be given for the rating period in question if the present position was
the position held during training, otherwise, only one point shall be given.
b. Should a tie score occur in determining
who shall be retained, the total points shall be broken in the following
manner:
1. The employees' length of service in the
class to which the employees have rights shall be awarded one point for each
month of service in the class.
2. If
a tie still exists, the employee with the earliest date of employment with no
break in GovGuam service shall be retained.
3. If a tie still exists, the employee
with the earliest date and time of receipt of employment application shall be
retained.
GG-115 A. LAYOFF
RECORDS
The
Administrator shall maintain records of layoff computations and each notice of
layoff; a copy of which shall be furnished each employee who has been
identified for layoff and the Civil Service Commission.
A copy of
the Hospital’s layoff list shall be posted on the Hospital's official bulletin
board accessible to employees.
GG-120 A. TRANSFER
In lieu of
layoff, an employee may elect to transfer to another comparable vacant position
in the same or to a different department/ agency for which he is qualified with
the same or lower salary, provided that the salary shall not be greater than
the maximum step of any pay schedule and provided funds are available.
GG-125 A. REDUCTION
IN SALARY/DEMOTION
In lieu of
layoff, an employee may elect reduction in salary and/or demotion to a lower
vacant position class for which he is qualified, provided funds are
available. Employees voluntarily demoted
and/or reduced in salary shall retain promotion rights to their former position
or salary for a period of two calendar years conditioned upon availability of
funds. After two calendar years, subject
employee may be given priority consideration upon applying and meeting the
current minimum qualification requirements of the position.
When an
employee is offered his promotion rights during the two year calendar period,
he is entitled to no further promotion rights if he accepts an offer, rejects
an offer, or fails to reply to an offer within five working days following receipt
of offer. An acceptance or reply
communicated through the postal system will be deemed timely if postmarked
within the five day period (it is recommended that the acceptance or reply be
sent
through certified mail) and if received within 10 calendar days of the
postmarked date.
GG-130 A. RIGHTS TO
OTHER POSITIONS
If there are
no vacant positions available to permit a transfer or voluntary demotion under
Rules GG-120 and 125, or if an employee refuses transfer or demotion, the
employee shall have the right to displace (bump) another employee in the same
or lower class series with less retention points, as calculated under Rule
GG-110(A)(4) -- (For example a Clerk III may bump a Clerk III, Clerk II, or
Clerk I with lesser retention points). A
bumped (displaced) employee may then resort to Rules GG-120(A), GG-125(A) and
GG-130(A) to determine his layoff status.
If a
transfer, demotion, or bumping is unavailable, the employee will be subject to
layoff.
Qualifications
shall be determined pursuant to qualification standards established for the
class of position in question. Employees
have the right to examine the order of layoffs established to determine where
he or she falls with respect to the layoff.
GG-135 A. LAYOFF
REINSTATEMENT LIST
Permanent
and probationary employees subjected to layoff shall be placed on the Hospital's
Layoff Reinstatement List for the position class involved in the layoff for a
period of two calendar years and may be reinstated by the Hospital initiating
the layoff. The names of permanent and
probationary employees who have been released or voluntarily demoted who have
served at least three months of consecutive satisfactory service shall be
placed on the Layoff Reinstatement List for the class of position at the time
of layoff in reverse order of layoff.
Each person on such a list shall retain eligibility for appointment
there from for a period of two calendar years from the date of his layoff. A permanent employee who had been released
and is being reinstated in the same department/agency shall have permanent
status restored. Probational employees
who are on the Layoff Reinstatement List and are reinstated shall be given full
credit for the probational time already served.
Hospital Layoff
Reinstatement List established as a result of a layoff, shall take priority
over the normal reemployment or employment eligibility lists. Employees reinstated to the same class of
position held at the time of layoff, shall be paid at the rate to which he is
entitled had he remained in service, but that no credit shall be given toward
progressive salary step increases within any pay schedule.
When an
employee is offered his reinstatement rights during the two-year calendar
period, his name shall be removed from the Layoff Reinstatement List, if he
accepts a reinstatement, rejects a reinstatement, or fails to reply to an offer
of reinstatement within five working days following receipt of offer. An acceptance or reply communicated through
the postal system will be deemed timely if postmarked within the five day
period (it is recommended that the acceptance or reply be sent through
certified mail) and if received within 10 calendar days of the postmarked date.
GG-140 A. APPEAL
An employee
who is given a written notice of layoff or who is released pursuant to a
layoff, has 20 calendar days to appeal to the Civil Service Commission from the
date of receipt of the notice of layoff, or the date released (if no notice was
given) when he believes that the Hospital incorrectly applied the layoff
procedure or when the action of the department or agency head was taken in bad
faith.
The appeal
must be in writing and must state specifically what provisions of the layoff
procedures were incorrectly applied, if such is alleged, and/or the reasons or
actions constituting bad faith, if bad faith is alleged.
An employee
subject to layoff, may appeal only once as a matter of right under either a
release or written notice, so that if, prior to release, an employee appeals
upon a written notice of layoff, he or she may not appeal again upon being
released.