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Chiefs hired from outside the bargaining unit cannot demote to a line position. There is no provision for this in the 1974 MOU, LPFD Management Compensation Plan or LPFD Personnel Rules. It is against existing personnel rules as a person demoted must have previously served in the position and also be allowed to move back because the Fire Chief also finds they are still qualified for the prior position. Section 24. Resignation, Reinstatement and Layoff 24.1 Automatic Resignation Failure to return at the expiration of a leave of absence or being absent without leave shall be considered an automatic resignation. The Fire Chief may rescind such a resignation if the employee submits satisfactory reasons for his/her absence within three (3) calendar days of the date his/her resignation was effected. 24.2 Voluntary Resignation An employee may resign in good standing by submitting to the Fire Chief a written resignation stating the reasons therefore and effective date thereof at least two (2) weeks prior thereto. 24.3 Reinstatement With the approval of the Fire Chief, an employee who has resigned in good standing may be reinstated within two (2) years of the effective date of resignation to a vacant position in the same or comparable class. Upon reinstatement, the employee, for all purposes, shall be considered as though the employee had received a new appointment. When an employee is reinstated within a two year period, the employee's seniority date shall be the date of the reinstatement, not the original appointment date except for service time with Ca1PERS, if the employee has contributions in PERS when reinstated and except for calculating service credit time for retiree medical purposes with the LPFD. Reinstated employees may use prior service credit for promotional eligibility purposes. Reinstated employees may petition the Fire Chief after six months to be removed from probationary status. 24.4 Layoff The Fire Chief may lay off an employee because of material changes in duties, organization or shortage of work or funds. The employee having the least length of total continuous service with the department in the classification, in which the Fire Chief is laying off, shall be laid off first. Employees scheduled to be laid off may, however, displace the least senior employee in the next lower paying classification of like work who has less seniority. Employees laid off or who through 28