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30 <br /> <br />18.4 Layoff <br />The Fire Chief may lay off an employee because of material changes in duties, organization or <br />shortage of work or funds. <br />at least 16 weeks prior to the anticipated date of lay off. <br />The employee having the least length of total continuous service with the Department in the <br />classification, in which the Fire Chief is laying off, shall be laid off first. <br />Employees scheduled to be laid off may, however, displace the least senior employee in the next <br />lower paying classification of like work who has less seniority. Employees laid off or who through <br />displacement have changed classification shall have their name placed upon a re-employment list <br />in seniority order. The employee with the highest seniority on a re-employment list for a particular <br />classification when a vacancy exists in that classification shall be offered the appointment. Each <br />name shall be carried on a re-employment list for a period of one (1) year from the date of lay off <br />from Department service or change of classification through displacement. The Fire Chief may <br />extend the name(s) on a re-employment list for an additional one (1) year. No name shall be <br />carried on a re-employment list for a period longer than two (2) years from the date of lay off <br />from Department service or change of classification through displacement unless authorized by <br />the City Manager. <br />Section 19. Discipline <br />The Department acknowledges that Battalion Chiefs are not at-will employees. Battalion Chiefs <br />are entitled to Skelly rights and all rights and protections afforded by the Firefighters Procedural <br />Bill of Rights Act Government Code Section 3250 et seq (FFBRA) with respect to investigations <br />. <br />Letters of Written Reprimand <br />four (4) years after the date of issuance at the request of the affected employee. Letters of Written <br />Reprimand not removed after the four (4) year period will be disregarded. <br />Section 20. Grievances <br />20.1 A grievance is any dispute, which involves the interpretation or application of any <br />provision of this Memorandum of Understanding excluding, however, those <br />provisions of this Memorandum of Understanding, which specifically provide that <br />the decision of any Fire Department official shall be final, the interpretation or <br />application of those provisions not being subject to the grievance procedure. <br />Any dispute which involves the interpretation or application of department policies <br />outside this Memorandum of Understanding is not considered a grievance and is <br />subject to an informal dispute process as follows: <br />a. The dispute will be presented, in writing, to the applicable Deputy Fire <br />Chief. The applicable Deputy Fire Chief will render a determination. <br />Page 307 of 674