STATE OF LOUISIANA

DEPARTMENT OF STATE CIVIL SERVICE

BATON ROUGE, LOUISIANA

May 23, 2001

General Circular No. 001437

To: Heads of State Agencies and Human Resource Directors

Subject: Proposed Layoff and Layoff-Related Rule Changes

Issue Date: May 23, 2001

The State Civil Service Commission will hold a public hearing on Wednesday, July 11, 2001 to consider the following layoff and layoff-related rule changes. The hearing will begin at 9:00 a.m. and will be held in the Department of Civil Service, Second Floor Hearing Room, DOTD Annex Building, 1201 Capitol Access Road, Baton Rouge, Louisiana.

Chapter 17, which covers layoff avoidance measures and layoffs, is proposed to be repealed in its entirety. A new Chapter 17 is proposed. It is organized into three sections: 1) layoff avoidance measures, 2) layoffs and 3) post layoff. Both major and minor changes have been made throughout the chapter. Related rule changes are also proposed. Explanations for the major changes in Chapter 17 follow the proposed rule amendments in this General Circular.

The following will be considered at the meeting:

1.13   'Department Preferred Reemployment List' means a list of permanent employees who have been laid off or demoted in lieu of layoff. Employees on such a list are given preferential hiring rights in the department or agency affected by a layoff.

This amendment clarifies that only permanent status employees go on this list. This proposed amendment removes from eligibility employees who displace laterally in lieu of layoff.

1.21.1  'Organizational Unit' for the purposes of layoff and layoff avoidance measures means the area subject to a layoff or layoff avoidance measure, as approved by the Director. It shall normally be one of the following:

This amendment adds the words "and layoff avoidance measures" to make it clear that this definition applies to layoff avoidance measures as well as layoffs.

This amendment removes any reference to reduction in pay as a layoff avoidance measure as this measure is proposed to be repealed.

1.39.2  ‘State Service’ for the purposes of layoff and layoff avoidance measures, means the total length of Classified State Service in the equivalent full-time years, months and days as an employee of a state agency or agencies subject to the following:

4. Any military service that interrupts Classified employment, including military service consisting of active duty in the armed forces of the United States for not more than six years of voluntary service or an indefinite period of involuntary service, subject to the provisions of Rule 17.17.

6. …

7. Periods of time that the layoff avoidance measures stated in Rule 17.1(a) are in effect for full-time employees shall count as full-time employment.

8 - 9 …

(c) …

This amendment reflects the new Chapter 17 rule numbers which apply here.

5.6 Status of Incumbent When Position is Reallocated

(a) - (b) …

(c) If the duties which caused the reallocation are returned or removed, the incumbent shall be entitled to remain in the position. Subject to the provisions of Rule 17.9(c), if the position is declared a new position, the former shall be deemed abolished and the incumbent shall be removed therefrom by layoff.

This amendment reflects the new Chapter 17 rule number which applies here.

6.4 Rates of Pay in the Pay Plan Plus Base Supplement

(a) …

(b)  Subject to the provisions of Rules 6.11, 6.15, 6.16 and 17.11(a) and (b)2, each employee shall be paid at a rate within the range for the grade to which his position is allocated, or at a rate within the base supplement approved for his position in accordance with the provisions of Rule 6.16(f).

This amendment reflects the new Chapter 17 rule number which applies here.

6.10 Rate of Pay Upon Demotion.

Subject to the provisions of Civil Service Rules 6.15 and 17.11(a) and (b)2, when an employee is demoted for any reason under any circumstances, his pay shall be reduced as follows:

(a) - (d) …

This amendment reflects the new Chapter 17 rule number which applies here.

6.15 Red Circle Rates.

…

(a) - (e) …

(f) When an employee is subject to a demotion in a layoff, including a layoff as provided for in Rule 17.9(c), . . .

1. …

2. …

(g) - (h) …

This amendment reflects the new Chapter 17 rule number which applies here.

8.10 Restricted Appointment.

(a) …

1.  It is used only for the following reasons: a) for work of a temporary nature; b) to substitute for another employee; c) pending filling the position in a regular manner, or, d) to address an emergency or work overload situation. An agency shall maintain written justification stating the reason for the temporary appointment. This rule is subject to Rules 17.16(b)4 and 17.26 concerning layoff-related restricted appointments.

2. - 7. …

(b) - (e) …

This amendment reflects the new Chapter 17 rule numbers which apply here.

(a) … This rule is subject to Rules 17.16(b)4 and 17.26 concerning layoff-related job appointments.

(b)-(g) …

This amendment reflects the new Chapter 17 rule numbers which apply here.

8.16   (a) - (c) …

(d) Detail to Special Duty.

1.  …
2.  … This rule is subject to Rules 17.16(b)4 and 17.26 concerning layoff-related details.
3 - 5 ...

This amendment reflects the new Chapter 17 rule numbers which apply here.

8.27 Status of Nonclassified Employees Whose Positions are Declared to be in the State Classified Service or are Acquired by a State Agency

(a) …

(b) - (k) …

This amendment reflects the new Chapter 17 rule number which applies here.

(a)  …

1.-2. …

3.  Non-competitive re-employments based on prior service, except as provided in Rules 17.25(a) and 9.3.

(b) - (g) …

Explanation

This amendment reflects the new Chapter 17 rule number which applies here.

Amend Rule 11.9(b)

(a)…

(b) No employee shall be required to reduce his accrued annual leave to less than 240 hours except:

2. …

3. if the leave is required during closures in accordance with Rule 17.1(b) as a layoff avoidance measure.

This amendment makes clear that annual leave can be enforced for layoff avoidance purposes as stated in Rule 17.1(b), even if it reduces an employee's accrued annual leave below 240 hours.

12.6  Non-disciplinary Removals

(a) …
(b) ...
(c) When an employee is removed under this Rule, the adverse consequences of Rules 6.5(c); 7.5(a)7; 8.9(c); 8.13(a)7; 8.15(d); 8.18(d); and (e); 11.18(b) and 17.25(e)4 shall not apply.

This amendment reflects the new Chapter 17 rule number which applies here.

17.1 Types of Layoff Avoidance Measures

(a) Layoff Avoidance Measures Needing Civil Service Approval 

These measures consist of the following: 1) withholding of merit increases, 2) reduction in work hours, and 3) furloughs without pay.

(b) Layoff Avoidance Measure Not Needing Civil Service Approval - Required Annual Leave During Closures

A department or agency, when the efficiency of operations dictates a temporary closure, may require employees to use up to a maximum of ten (10) days of annual leave per calendar year. Employees who have less than thirty (30) days of annual leave may be required to take annual leave under this provision. Employees who have exhausted annual leave shall be placed on leave without pay, but not for more than ten (10) days per calendar year.

17.2 Approval of Layoff Avoidance Measures

(a) A written plan for layoff avoidance measures listed in Rule 17.1(a) shall be submitted to the Director prior to the effective date of the measures. The Director may:

1. Approve the plan.
2. Disapprove the plan.
3. Refer the plan directly to the Commission for consideration at its next regularly scheduled meeting.

(b) Exceptions, if any, to layoff avoidance rules must be requested in the written plan, with justification. For exceptions, the Director may:

1. Grant interim approval subject to ratification by the Commission at its next regularly scheduled meeting.
2. Refer the exceptions directly to the Commission for consideration at its next regularly scheduled meeting.

17.3 Uniform Measures

17.4 Notification to Employees

17.5 Exceptions to Regular Measures

1. Exclusion of employees who possess particular qualifications needed to complete an essential program or to maintain essential services necessary to preserve the life, health or welfare of the public.
2. Other exceptions that are based on rational business reasons.

1. He shall certify that his department does not have sufficient funds to give such increases to all employees. The request shall include the reasons for this action, the names and jobs of those employees to be excluded, if any, and reasons for their exclusion, the proposed effective dates and periods of time involved, the organizational unit and geographic area(s) affected.
2. Such withholding of merit increases shall not exceed one period of 12 consecutive months.
3. Employees whose merit increases are withheld shall retain their eligibility for such increases for a three-year period.

(b) Such reductions shall not exceed one period of 12 consecutive months.

(c) The number of work hours reduced for an employee shall not exceed 16 hours per biweekly payroll period.

17.8  Furlough without Pay

When an appointing authority determines that it is necessary to furlough employees without pay to avoid or reduce layoffs, his request is subject to the following:

1. He shall include reasons for the furlough, the names and jobs of those employees to be excluded, if any, and reasons for their exclusion, the total work hours or days for each employee, the dates and period of time involved, the organizational unit and the geographic area(s) affected. He shall also specify if employees will be recalled from furlough at the same time. If employees will be recalled at different times, the recall schedule must be specified and justified.
2. An employee shall not be furloughed for more than a total of 240 work hours in any 12 consecutive-month period without approval of the Commission.
3. With approval of the Commission, an employee may be furloughed up to a total of 450 work hours in a 12 consecutive-month period.

17.9 Types of Layoffs; Notice to Director and Approval Required for Each

1. A written plan shall be submitted to the Director at least two calendar weeks prior to the effective date of the layoff. The Director may:

1. Approve the plan.
2. Disapprove the plan.
3. Refer the plan directly to the Commission for consideration at its next regularly scheduled meeting.

2. Exceptions, if any, to layoff rules shall be requested in the written plan, with justification. For exceptions, the Director may:

1. Grant interim approval subject to ratification by the Commission at its next regularly scheduled meeting.
2. Refer the exceptions directly to the Commission for consideration at its next regularly scheduled meeting.

In layoffs involving probational employees only, the appointing authority shall provide written notice to the Director of such layoffs prior to the effective date.

(a)  For layoffs involving permanent employees, the following notices are required:

1. The appointing authority shall, as soon as it is reasonably determined that a layoff will be necessary, make a reasonable attempt to notify all employees who could be affected.
2. Once a layoff plan is approved by the Director, it shall be made generally available to the employees who could be affected.
3. Employees in positions proposed for abolishment shall be so notified at least five (5) calendar days prior to approval of the plan by the Director.
4. Employees shall be notified of displacement offers, or layoff notification if there is no offer to make. There shall be at least five (5) calendar days between the last such notice and the effective date of layoff.

(c)  When it is determined that a new lower position exists and the old encumbered position must be abolished, the appointing authority shall notify the affected employee in a manner consistent with the Director's approval of his layoff. Notification for a regular layoff shall be in compliance with subsection (a) of this rule, or, if the employee is demoted in lieu of layoff to the new position, he shall be notified of his eligibility for the department preferred reemployment list.

17.11 Pay Upon Demotion (Downward Displacement) for Different Types of Layoffs

For primarily non-budgetary layoffs, no pay reductions shall occur when employees are displaced to lower jobs. This is subject to those situations involving base supplement addressed in Rule 6.15(f).

1. He may reduce pay upon displacement to lower jobs. Pay reductions shall be uniform in their percentage for all affected employees. Such pay cuts shall not result in an employee's being paid above the range maximum or base supplement maximum of the lower job or below the range minimum,

2. If the pay is not reduced, the provisions of subsection (a) of this rule shall apply.

17.12 Changes in Allocations and Effect This Has on Layoff

1. He shall read or otherwise make himself aware of agency-distributed information concerning the layoff.
2. He shall supply all information required by the agency to determine adjusted state service date in the format and by the deadline set by the agency.
3. If he is absent from work, he shall leave with the personnel specified in his agency, correct and current information as required by the agency on how he may be reached at all times when his agency will be making job offers during the layoff.
4. He shall comply with the deadline for responding to a job offer in a manner determined by the agency. Failure to do so in the proper manner and by the deadline shall be considered a declination of the job offer.
5. If meeting the job qualifications of the offered job requires a grade from Civil Service, he must have had the grade effective no later than the date the layoff plan is submitted to Civil Service to be eligible for that position. The grade need not be active; it may be expired. However, it must have the same series number as the test currently in use and must be verifiable, either in the automated applicant record at Civil Service or by the employee producing the original grade notice.
6. Once he gives his acceptance or declination of a job offer, his decision is final and the agency is not required to re-work any job offers already made.

1. In a layoff, the agency may exempt from displacement a number of employees, the total of which does not exceed 20% of the number of positions selected for abolishment. These exemptions must be made for rational business reasons which may include employees who have exceptional performance and/or who possess particular qualifications needed to complete an essential program or to maintain essential services necessary to preserve the life, health or welfare of the public. Exemptions and their reasons must be stated in the layoff plan.
2. For rational business reasons, the appointing authority may request exceptions to these rules.
3. The Director may, on his own initiative, expand career fields.

1. The affected organizational unit. (Refer to Rule 1.21.1)
2. Reasons why the layoff is being proposed.
3. Any budgetary measures which may have been taken to help avoid the layoff.
4. Proposed effective date of the layoff.
5. The definition of commuting area used for this layoff. (Refer to Rule 1.9.01)
6. The displacement method to be used for this layoff. (Refer to Rule 17.22)
7. Percentage of pay reductions, if any, that will be applied in a budgetary layoff.
8. The parishes where the abolished positions are domiciled.
9. List the following for the abolished positions: a) Job titles and number of positions for each, and b) their career fields.
10. If any employees are in Career Field 9999, propose an appropriate expansion of their career field, with justification. If no expansion is proposed, explain why.
11. Exemptions made, if any, under Rule 17.14(a) and reasons for these.
12. Exceptions requested, if any, under Rule 17.14 (b), and reasons for these.
13. Names and pay of employees with unclassified authority under Rule 4.1(d)1 or 4.1(d)2.
14. Contracts either currently in effect or anticipated that may be causative or related to the layoff.

1. Period of Freeze; Positions Affected

Beginning the date the Director approves the layoff plan, no appointments shall be made in the affected department to job titles abolished in the layoff or to equivalent or lower jobs in those career fields and commuting areas, except that job offers made prior to this approval date may be honored. This freeze on appointments shall end upon the establishment of the Department Preferred Reemployment List.

2. Exceptions to the Freeze Not Requiring Director's Approval

1. Reinstatement of an employee as the result of an appeal decision.
2. Internal demotion.
3. Restoration of a former employee returning from military duty in accordance with Rule 8.19.
4. Restricted appointments, job appointments, details to special duty, and use of temporary staffing service employees, none of which shall extend beyond three months after the effective date of layoff.

17.17 Special Provisions for Veterans in Layoffs

1. A veteran who has been restored to duty under the provisions of Rule 8.19 and who thereafter competes in a layoff shall be granted prior service credit for the period of time served as a member of the armed forces of the United States on which the restoration was based.
2. An employee being restored to duty under the provisions of Rule 8.19 shall not be required to compete with other employees in a layoff conducted to permit his restoration.

17.18 Domicile for Displacement Purposes

1. The domicile for an employee shall be the parish in which he reports to work.
2. Employees whose official domicile is "Statewide" shall, for the purpose of displacement offers, be considered domiciled in the parish in which they officially reside.
3. Employees who live and work outside of Louisiana shall, for the purpose of displacement offers, be considered domiciled in the parish in which they have an official residence. If they have none, their domicile shall be at their department's central headquarters.
4. Agencies may request a different domicile assignment in situations not addressed in this rule through the exception procedure in Rule 17.14(b).

17.19 Displacement Rights

(a) Employees with No Displacement Rights

1. Non-permanent employees
2. Permanent employees whose two most recent official performance evaluation ratings were "Needs Improvement" and/or "Poor" (a re-rating counts as one of the two most recent ratings). If displaced or laid off, these employees shall retain their review and appeal rights stated in Rules 10.13 and 10.14. If the review or appeal results in a rating change to "Meets Requirements" or higher after displacement offers have begun, the agency shall give the employee the offer, if any, he would have been given.

(b) Employees Who Have Displacement Rights

1. For purposes of this rule, a permanent employee with a rating of "Un-rated" shall be considered as having a rating of "Meets Requirements" for that rating period.
2. For purposes of this rule, an employee serving a probational period under the circumstances defined in Rule 8.10.1 shall be considered as having permanent status for layoff purposes [Rule 8.10.1(b)1], and shall have the displacement rights granted to permanent employees in this rule.

1. into a job with a higher pay range
2. into a job for which he does not meet the Civil Service minimum qualification requirements
3. outside of his organizational unit (defined in rule 1.21.1)
4. outside of his career field, (defined in rule 1.5.2), unless the appointing authority has chosen the option of offering vacancies and/or non-permanently filled positions outside the career field.
5. outside of his commuting area (defined in rule 1.9.01)
6. under circumstances described in Rule 17.22(c)3, if the agency has chosen to use performance ratings in displacement offers

Employees who displace into another position shall retain permanent status, even if they displace a non-permanent employee who occupies an ongoing position such as one allocated in the department’s Table of Organization.

Exceptions to this are as follows:

1. If an employee with permanent status displaces into a position subject to Rule 8.10.1, he shall revert to probational status.
2. If an employee displaces out of a position subject to Rule 8.10.1, he shall revert to permanent status in the new position.
3. If an employee displaces laterally or downwardly into a position subject to Rule 8.10.1 from another such position, he shall be eligible for permanent status in the new position between the sixth and twenty-fourth month of the probational period which began prior to the change in position.

17.20 Factors Affecting Displacement Offers

1. Vacancies are not required to be offered. Vacancies either in the employee's career field or outside the career field may be offered in lieu of filled positions as long as they are not lower than the highest offer to a filled position in the career field.
2. Positions filled by non-permanent appointments outside the affected career field(s) are not required to be offered. Such positions may be offered in lieu of filled positions as long as they are not lower than the highest offer in the employee's career field.
3. If a training series position is offered, it shall be offered at the highest level for which the employee meets the Civil Service minimum qualification requirements, as long as it is not higher than his current job.
4. All offers shall be made with a minimum reduction in pay range.
5. A part-time position shall be offered only if there is not a full-time position to offer. The appointing authority may request an exception to this provision.
6. If the employee declines the offer or if there are no offers to make to him, he is subject to layoff.

17.21 Accommodation for Permanent Employees When No Displacement Offer Exists

1. Employees whose performance ratings make them eligible for displacement offers shall be given offers according to length of service, with employees having the most state service being given first preference, regardless of the method chosen for displacement.
2. An employee shall be given a job offer, if one is available, in accordance with subsection (c) of this rule. Within this offer, an employee(s) who has no displacement rights shall be displaced before a permanent employee with the least state service.
3. The appointing authority shall choose from the following options for displacement. Any agency may use option 1 or 2 below. Only those agencies having 10% or less incidence of "Un-rated" ratings for the previous year ending June 30 may use option 3.

1. Offers When Layoff is Limited to Career Field

Subject to Rules 17.19 and 17.20, affected eligible employees shall be given the first available job offer of an ongoing position, such as one in the agency's Table of Organization, as listed below.

a. a position with the same job title
b. an equivalent position in the career field
c. the next lower position available in the career field

2. Offers When Layoff is NOT Limited to Career Field

If the appointing authority has chosen to offer vacancies and/or positions occupied by non-permanent employees outside the career field, then the employee shall have the choice of:

1. the first available offer in the career field as defined in subsection (c)1of this rule,

OR

2. the highest available non-career field offer, as long as this offer is higher than the first available career-field offer.

3. Offers Incorporating Performance Ratings

When using this method of making displacement offers, the appointing authority shall use the method stated in either subsection (c)1 or (c)2 of this rule, subject to the following:

1. Employees with a current rating of "Meets Requirements" shall not be eligible to displace employees with a current rating of "Outstanding" or "Exceeds Requirements", regardless of length of state service.
2. Employees whose most recent rating is "Poor" or "Needs Improvement", and whose previous rating was "Meets Requirements" or better, shall displace only those employees who have no displacement rights as stated in Rule 17.19(a).

17.23 Methods of Breaking Ties

17.24 Reporting Requirement after Layoff

17.25 Department Preferred Reemployment List

(a)  The Department Preferred Reemployment List is a list of names of permanent employees who have been laid off or demoted in lieu of layoff. Employees on such a list shall be given preferential hiring rights for their department or agency subject only to the exceptions stated in Rule 17.26. Such employees shall be appointed with permanent status, except for reemployment into a position which must be filled with a probational appointment under Rule 8.10.1. Upon appointment from this list, the employee's pay shall be set in accordance with Rule 6.5.1.

(b) Only employees who have displacement rights (and those in probational status as a result of Rule 8.10.1) who have been laid off or demoted in lieu of layoff shall be eligible for this list. Eligibility shall be limited to:

1. The agency or department where the layoff action occurred.
2. The employee's parish of domicile at the time of layoff and any other parishes he may list for availability.
3. The same job title the employee held at the time of the layoff action and equivalent or lower level jobs for which the employee qualifies in his career field. However, an employee who demoted in lieu of layoff shall be eligible only for jobs down to but not including those in the pay range to which he demoted.

1. Those who displaced to a lateral position.
2. Those whose two most recent official performance ratings at the time of layoff were "Needs Improvement" and/or "Poor" (includes a re-rating).
3. Non-permanent employees. This does not include those employees in probational status as the result of Rule 8.10.1.
4. Those who have retired from state service.

(d)  Employees shall be ranked in the order of length of state service they had at the time of the layoff. The employee with the most state service for a given job and parish shall be given the first offer. Those tied shall be considered as having the same ranking.

1. He is offered reemployment to a permanent position from this list. His name shall then be removed for that job as well as for all others to equivalent or lower jobs, but shall remain on the list for higher jobs.
2. He declines or fails to respond to an offer. He shall then be removed for that job, equivalent jobs, and all lower jobs.
3. He attains permanent classified status in any position in any department. His name shall then be removed from all such lists for equivalent and lower jobs.
4. Those who were dismissed or resigned to avoid dismissal (except those who are reinstated) after the layoff action.
5. It is removed by the Director when he determines that a person is not qualified, is not available, or, upon investigation, is not found suitable for appointment to the position.
6. His name has been on the list for two (2) years from the effective date of the layoff.

(f)  If the employee's job has undergone a change in the minimum qualification requirements or title or pay range (including one that has changed upward) since the layoff, at the request of the employee, he may have his name placed on the list for the newly revised job title and equivalent and lower level jobs in his career field. He shall not be required to meet the new qualifications if sufficient evidence is presented to the Director to show, as determined by the Director, that he is returning to a job having essentially the same duties he was performing when affected by the layoff. The exception to this is if the lacking qualification is one required by law or under a recognized accreditation program.

Restricted or job appointments which exceed three (3) months past the effective date of layoff shall first be offered to the first person on the list. If the person accepts or declines such a temporary appointment, his name shall remain on the list for permanent appointments.

The Department of Civil Service shall establish a Layoff Referral List of permanent employees actually laid off, i.e., separated from state service. Agencies shall not be required to hire from this list, but may use the list as an aid for recruiting. Employees shall be placed on this list only for those job titles for which they are also on the Department Preferred Reemployment List and shall remain on this list for one year past the effective date of their layoff. Placement on this list gives laid off employees no special rights or eligibilities beyond the regular noncompetitive reemployment eligibility stated in Rule 8.18. The Department of Civil Service shall establish procedures to administer this list.

1. Prior approval for layoff avoidance measures in Rule 17.1(a) will be needed. There is no minimum notice required, but the agency must notify the Director prior to the effective date the measure begins.
2. The avoidance measure of reduction in pay without a reduction in work hours (current Rule 17.11) has been omitted as a layoff avoidance measure because it was never used and was the least desirable measure.
3. The present rules allow an agency to request exclusion of employees who are within three years of retirement eligibility, and allow the agency to apply the layoff avoidance measure later if the employee does not retire. This provision has been removed from the rules, but will be explained in the State Personnel Manual as an exception an agency may wish to request. The present rule has caused confusion and led some employees to think it is their right to be excluded, not only from avoidance measures, but also from layoffs, if they are near retirement.
4. Employees whose merit increases are withheld as a layoff avoidance measure will retain eligibility for the increases for three years.
5. These proposals remove the requirement that agencies separate temporary employees prior to implementation of a layoff avoidance measure. Temporary employees are frequently cost-effective and help reduce the need for layoffs.
6. The provision allowing an agency to request volunteers for layoff avoidance measures has been omitted. This was not used frequently and was not effective in saving money.
7. The prohibition against optional pay increases while an avoidance measure was in effect has been omitted, as it was confusing and unnecessary.

1. For layoffs of probational employees only, the agency must submit prior written notice to the Director.
2. For permanent employees, there will be a 5-day period, rather than a 10-day period, between the last displacement offer or notice of layoff if there is no offer to make, and the effective date of layoff.
3. It would no longer be required that pay reductions be effected for demotions in budgetary layoffs. This decision would be at the option of the appointing authority.
4. Current rules allow an agency to exempt from displacement a number of employees, the total of which does not exceed 15% of the number of positions selected for abolishment. This percentage has been changed to 20%.
5. The layoff plan will require additional information, since an agency will now have some options and will need to state which options it will be using.
6. Current rules require a freeze on appointments beginning the date the Director approves the layoff plan. This will change to the extent that the agency may now honor any job offers which were made prior to the date the Director approved the layoff, even if the employment start date is after the approval date.
7. Proposed changes to displacement rules include the following:

1. Agencies will be able to choose from among three displacement methods:

1. Length of service limited to career field; 2. Length of service not limited to career field (can displace into vacancies and positions filled by non-permanent employees outside the career field); and 3. the incorporation of PPR ratings, which can only be used by those agencies whose incidence of "Unrated" ratings is 10% or less (see "f" below).

2. Displacement of non-permanent employees outside the career field is now optional at the discretion of the appointing authority.
3. The commuting area may be only the parish of the abolished position, or one or more adjoining parishes, as determined by the agency.
4. Multiple displacement offers are eliminated, unless the agency chooses to offer vacancies and/or positions filled by non-permanent employees outside the career field.
5. Permanent employees whose two most recent official ratings (including re-ratings) are "Needs Improvement" and/or "Poor" will have no displacement rights. Under the current rules, such employees have limited preference over employees who are probational and who have no displacement rights. Under the new rules, these employees will be considered the same as probational employees, that is, they will have no displacement rights.
6. If the agency chooses to use the displacement method which incorporates PPR ratings, then an employee whose current rating is "Meets Requirements" shall not be eligible to displace employees with ratings of "Exceeds Requirements" or "Outstanding", regardless of length of service. Employees with the two higher ratings are not similarly limited, in that they may displace an employee with less service in an equivalent or lower level job in an affected job, regardless of the person's rating.
7. What job offer must be offered in displacement has been simplified.
8. An employee serving a probational period due to having been promoted into a position which requires a probational appointment (Rule 8.10.1) shall be considered as having permanent status for layoff purposes. Employees who displace into such a position shall become probational, but an agency may request an exception to this. An employee who displaces OUT of one of these positions into a position not required to be filled by probation, shall immediately be granted permanent status.
9. If a training series position is offered, it will be offered at the highest level for which the employee qualifies, as long as it is not higher than the employee's current job.
10. Part-time employees may displace full-time employees (but must be willing to accept the full-time work). A part-time position shall be offered only if there is no full-time job to offer.

8. There is a new optional accommodation for permanent employees for whom no displacement offers exist to ongoing positions. The agency may re-hire the employees, based on seniority, without a break in service, into positions occupied by job or restricted (temporary) appointments. These will continue to be temporary appointments, and the employees will remain on the department preferred list.
9. The list of employee responsibilities in a layoff has been rewritten and includes the fact that an employee may need a Civil Service test grade to displace into certain jobs.

1. The hiring freeze for jobs affected by the layoff will now end upon establishment of the department preferred reemployment list, rather than end either 30 days after the layoff or establishment of such list, whichever came first.
2. New data will be required on the post-layoff report to Civil Service to expedite the establishment of the department preferred reemployment list.
3. Changes to eligibility for the department preferred reemployment list include:

a.  An employee is not eligible to be on the list if his two most recent ratings were "Poor" and/or "Needs Improvement." This includes a re-rating.

b.  Employees who displace laterally will not be eligible for the list. The list will be limited only to those laid off or demoted.

4. The Open Preferred Reemployment List will no longer exist. Instead, a Layoff Referral List would be established and would include names of laid off employees to help agencies recruit, but hiring from this list would not be mandatory.
5. After the layoff, prior Director’s approval would no longer be needed to move an employee within the same pay grade, as long as the position move does not circumvent the department preferred reemployment list.

Persons interested in making comments relative to these proposals may do so at the public hearing or by writing to the Director of Civil Service at Post Office Box 94111, Baton Rouge, Louisiana 70804-9111. If any accommodations are needed, please notify us prior to the meeting.

Sincerely,

Allen H. Reynolds

Director