ARTICLE 46 LAYOFF AND RECALL Section 1. As used herein, a reduction in force is defined as occurring because of economic, budgetary, or operational considerations, and does not refer to relieving an officer from active duty for a reason which is specific to that individual. Section 2. In the event of a reduction in force among unit personnel, the following provisions shall apply: A. It shall be the City's proper right and function to determine if and when any reduction in force shall take place, as well as the extent of any such reductions. B. No regular full-time unit employee shall be laid off unless part-time bargaining unit members serving as a prisoner transporter have been laid off first. If additional layoffs are needed, all members who are currently serving a new position probation will be laid off. If additional layoffs are needed, Seasonal School Resource Officers (“SSRO”) shall be laid off and full-time officers will be allowed to replace an SSRO. C. In the event that regular full-time unit employees are to be laid off, selections for layoff will be made on the basis of seniority, and those laid off will be recalled working, in reverse order of layoff, before new unit personnel are hired, subject to the remaining provisions of this Article. Section 3. Seniority, for the purpose of this Article, is defined as the employee's length of continuous service for the City as a sworn law enforcement officer in whatever rank. The employee's service will be deemed continuous, so long as he or she remains in employment status with the City as such a sworn officer except that the following periods of time shall not be counted but will not otherwise cause a break in seniority: A. Unpaid leave of absence for 180 consecutive calendar days or more, in which event the entire period of leave shall be deducted. B. Any period of disciplinary suspension for fifteen (15) consecutive calendar days or more, in which event the entire suspension period shall be deducted. C. Any period of time that is deducted from an employee's seniority in whole or partial settlement of a dispute as to a disciplinary action. Section 4. A laid off employee must maintain a valid law enforcement officer certification and comply with the provisions of Chapter 943, Florida Statutes, to be considered for recall, and will also be subject to loss of recall rights up to a maximum of two (2) years on continuous layoff. If the employee is unable to return to work when recalled because of non-serviceconnected physical or mental disability but subsequently recovers prior to two (2) years
99
