§ 28-91. Procedure.

All separations of employees from positions in the service of the County shall be designated as one of the following types and shall be accomplished in the manner indicated.

(a)

Resignation. An employee may resign by notifying his department head (or in the case of department heads, the Manager) of the effective date as far in advance as possible. A minimum of two weeks is requested of all resigning personnel.

(b)

Reduction-in-Force. It is the policy of the County to maintain as stable an employment workforce as possible. In the event that the Board of County Commissioners determines a reduction in force is necessary such as for a shortfall in funds, shortage of work, abolishment of a position or other material change in duties of the organization, the County Manager, or other hiring authority, may separate an employee.

(1)

Retention of employees in the affected classes shall be based on systematic consideration, and at a minimum the following factors shall be considered: the type of appointment, the length of service, the relative efficiency, and actual or potential adverse impact on the diversity of the work force.

(2)

When a Reduction in force is necessary, the County Manager shall develop a reduction plan. The plan shall document the reasons for the reduction in force, the factors considered in deciding the particular course of action, and the specific positions scheduled for abolishment or redesign.

(3)

The duties performed by an employee laid off may be reassigned to other employees already working who hold positions in appropriate classes. No permanent employee (those who have satisfactorily completed a probationary period) will be laid off while another person is employed in the same or related class in a temporary, probationary or a trainee position, unless the permanent employee is not willing to transfer to the position held by the non-permanent employee, or the permanent employee does not have the knowledge and skills required to perform the work of the alternate position within a reasonable period of orientation and training given to any new employee.

(4)

To avoid possible layoffs, the County Manager, or other hiring authority, shall be authorized to develop appropriate alternatives to the reduction in force that improve or maintain County services. Possible alternatives to the reduction in force include, but are not limited to, transfer or reassignment of employees to vacant position within the County in the same, related or lower class, separation of employees in temporary, probationary or trainee positions, eliminating overtime hours, job sharing, and reducing work hours.

(5)

Length of services is defined as length of service with Orange County and includes any time in which the employee may have been deployed on Military Leave as described in Section 28-44 while with Orange County.

(6)

Notice. Employees who are to be laid off because of a reduction in force will be notified in writing as soon as practicable, and in any event, they will be notified at least thirty (30) days prior to the anticipated date of the layoff.

(7)

The County Manager will develop written Administrative Regulations for the reduction in force that meets the County needs and provides for a reduction in force in a systematic manner.

(c)

Disability. An employee may be separated for disability when the employee cannot perform the required duties because of a physical or mental impairment. Action may be initiated by the employee or the County, but in all cases it must be supported by medical evidence as certified by a competent physician. The County may require an examination at its expense and performed by a physician of its choice. Before an employee is separated for disability, a reasonable effort shall be made to locate alternative positions within County service for which the employee may be suited.

(d)

Retirement. Whenever an employee meets the conditions set forth under the provisions of any retirement plans adopted by the Commissioners for County employees, the employee may elect to retire and receive all benefits earned under the retirement plan.

(e)

Death. All compensation due in accordance with this Ordinance will be paid to the estate of a deceased employee. The date of death shall be recorded as the separation date for computing compensation due.

(Ord. of 06-07-1976, eff. 08-01-1976; Amend. of 04-20-2010, Art. IX § 3.0, eff. 06-01-2010)