§ 3. Displacement Procedures.

A laid-off employee has the right to displace the employee with the fewest retention points in the classification from which the employee was laid off or in a lower or equivalent classification, in the following order:

A.

Within the classification from which the employee was laid off;

B.

Within the classification series from which the employee was laid off.

An employee laid off in the classified service shall displace the employee within the same employing unit in the following manner:

A.

Each laid off employee possessing more retention points shall displace the employee with the fewest retention points in the next lower classification or successively lower classification in the same classification series; except that a laid-off provisional employee shall not have the right to displace a certified employee;

B.

Any employee displaced by an employee possessing more retention points shall displace the employee with the fewest retention points in the next lower classification or successively lower classification in the same classification series; except that a displaced provisional employee shall not displace a certified employee. This process shall continue, if necessary, until the employee with the fewest retention points in the lowest classification of the classification series of the same layoff jurisdiction or appointing authority has been reached and if necessary, laid off.

The Commission shall presume that any laid off employee will exercise their displacement rights. Employees not wishing to exercise their displacement rights shall notify the principal appointive officer of their department or appointing authority, in writing, of their intention within five working days after receiving notice of layoff. Employees not wishing to exercise their displacement rights will be laid off.

No employee shall displace an employee for whose position or classification there exists special minimum qualifications, as established by a position description, classification specifications, or by bona fide occupation qualification, unless the employee desiring to displace another employee possesses the requisite minimum qualifications for the position or classification.