3.08.150 Termination of Employment

A. Voluntary Terminations. To resign in good standing, an employee must give the employee’s Department Head or the City Manager a written notice of resignation at least fourteen (14) calendar days prior to the effective date of the employee’s resignation. The employee’s Department Head or the City Manager may agree to a shorter period of notice if an employee so requests, in writing, and provides a suitable explanation for the shorter notice period. An employee who fails to provide at least fourteen (14) calendar days’ notice and fails to obtain permission for a shorter notice period may be ineligible for rehire. Unless otherwise approved in advance by the employee’s Department Head and the City Manager, or as otherwise required by law, an employee who voluntarily resigns must be present and on the job for one full week immediately prior to the employee’s termination date and must work on the termination date. If an employee takes any unauthorized leave during the employee’s final week of employment, the employee may be ineligible for rehire with the City, and the City may, at its discretion, alter the employee’s termination date.

Upon receipt of a notice of resignation, the City reserves the right, at the City’s option, to designate a termination date which is earlier than the termination date designated by the employee. If the City elects to designate an earlier termination date, the City shall pay the employee for all wages and leave that would have accrued and shall maintain all benefits to which the employee would have been entitled if the employee had worked through the termination date designated by the employee.

1. Layoffs/Reductions in Force. Restructure of the organization, a reduction in budgeted positions, lack of work, or shortage of funds may result in the layoff of employees. In the event of layoff, the City may transfer affected employees into vacant positions for which the affected employees are qualified, in the judgment of the hiring Department Head. When a decision is made to lay off employees, the City will base layoff decisions on the following factors:

a. Job skill level;

b. Ability;

c. Experience;

d. Education;

e. Training;

f. Work record;

g. History of discipline and/or corrective actions;

h. Knowledge of the program, department, and organization;

i. Special skills or certifications;

j. Longevity with the City.

Seniority may be considered when the qualifications and abilities of employees are relatively equal. The City shall notify affected employees of a layoff at least thirty (30) calendar days in advance of the layoff.

1. An employee loses all longevity and seniority in the event of:

a. Voluntary termination for greater than three (3) months except under special circumstances as approved by the City Manager.

b. Discharge for cause.

c. A layoff period longer than eighteen (18) months.

d. Failure to report to work at the termination of a leave of absence.

e. Acceptance of other employment without permission of City while on a leave of absence.

f. Retirement.

2. Time off during a layoff period shall not count toward seniority or longevity accrual.

3. An employee shall not lose seniority with a department if the employee transfers from one division or position to another division or position within the same department.

D. Recall After Layoff. If approval is given to rehire after a layoff, employees will be rehired in the inverse order of layoff; that is, employees laid off last shall be called back first. Employees shall retain a right to recall for eighteen (18) months from the effective date of a layoff. If employees are recalled from a layoff, the following recall procedures shall be followed:

1. For layoffs of less than five (5) days, employees may be notified of recall in person or by telephone and shall have until the next work day following the notification to report to work.

2. For layoffs of five (5) days to one month in duration, employees shall be notified of recall by first class mail and by certified mail, return receipt requested, sent to the employee at the employee’s last known address, and the employee shall have seven (7) days from the date the certified notice of recall is mailed to report to work.

3. For layoffs longer than one month in duration, employees shall be notified of recall by first class mail and by certified mail, return receipt requested, sent to the employee’s last known address, and the employee shall have fourteen (14) days from the date the certified notice of recall is mailed to report to work.

Employees are obligated to notify the City Human Resources Department in writing of any change of address for the employee. Unless a longer period to report to work following a notice of recall is agreed to in writing by the City, employees shall report to work within the applicable time period specified in subsection D.1, D.2, or D.3 above. If an employee does not respond to a notice of recall within the applicable time period designated in this section, the employee shall lose all recall rights.

E. Death. In the event of the death of a City employee, all wages and all eligible leave earned and unpaid to the employee shall be paid to the employee’s designated PERS/OPSRP beneficiary or, in the absence of such, the employee’s estate.

F. Final Paycheck. Final paychecks will be delivered to terminated employees in accordance with Oregon law. Employees shall be paid for all eligible accrued and unused leave at the time of termination. Payment for any eligible accrued and unused leave shall be paid with the employee’s final paycheck and shall be paid at the employee’s rate of pay in effect at the time of termination.

1. Purpose. The purpose of the exit interview is:

a. To gain insight into the effectiveness of City personnel and management practices, to determine where personnel policies and procedures may be in need of review or revision, to determine whether supervisory or managerial practices need review, modification or improvement, and to obtain other information which could be of assistance to the City and the employee’s department.

b. To provide the employee with information related to the employee’s separation from employment with the City, including, but not limited to, information related to continuation of health benefits for the employee and eligible dependents of the employee.

2. Conducting the Exit Interview. Unless waived by the City Manager or refused by the employee, an exit interview is to be conducted with every employee separating from a benefited City position, regardless of length of service, position, or the circumstances of separation.

3. Responsibility of Human Resources Department. Although departments may also conduct interviews with terminating employees, the Human Resources Department shall conduct all City exit interviews. The Human Resources Department will analyze the results of each interview to determine how the information received may relate to current personnel policies and procedures and whether any changes in City employment policies or procedures may be needed or beneficial.

4. Timing of Exit Interview. The employee’s Department Head is responsible for notifying the Human Resources Department as soon as the Department Head learns an employee is separating from City employment. The Human Resources Department will then schedule a time for the exit interview.

5. Forms and Records. The results of exit interviews will be recorded on forms prescribed by the Human Resources Department. The record of the interview shall be maintained by the Human Resources Department. (Ord. 3192 § 57, amended, 11/17/2020; Ord. 3078, added, 11/20/2012)