8-30-402 - Reduction in work force Department of children's services Fulfillment of consent decree. [Effective until June 30, 2010. See the Compiler's Notes.] - Tennessee Statutes

8-30-402. Reduction in work force Department of children's services Fulfillment of consent decree. [Effective until June 30, 2010. See the Compiler's Notes.]

(a)  In the event that a reduction-in-force is implemented, in order to meet the necessary budgetary constraints but still fulfill the requirements of the Brian A. consent decree and notwithstanding any other law to the contrary, including, but not limited to, any related rules, policies, practices or procedures, the commissioner of children's services, in addition to any other existing powers, is authorized to move qualified employees by transfer, promotion, reduction in rank, or lateral reclassification within the department of children's services. The commissioner is also authorized to suspend the provisions of §§ 8-30-320 and 8-30-322, and any rules, policies, practices or procedures related to layoff or reduction-in-force and any provision of § 8-30-208(f) and any rules, policies, practices or procedures related to the rights of certain executive service employees to return to career service positions; provided, however, that, regarding divisions of the department of children's services and employees of the department not affected by the requirements of the Brian A. consent order, the commissioner may not suspend or otherwise alter provisions related to the employee's “bumping” and “retreating” rights as defined by § 8-30-101 and related statutes, rules, policies, practices and procedures.

(b)  The commissioner of children's services shall adopt a plan to administer this section. This plan shall be posted on the department of children's services' web site.

(c)  Notwithstanding the provisions of this section, in the event that a reduction-in-force is implemented, any full-time career employee who is terminated shall be entitled to ninety (90) days' written notice of termination or equivalent pay and certain benefits, including the employer portion of insurance payments for a maximum of ninety (90) days and longevity pay, if the employee would have otherwise been entitled to the longevity pay during the ninety (90) days following the initial notice of layoff. The ninety-day notice or equivalent pay and benefits in lieu of notice shall be in addition to payment for the employee's unused annual and compensatory time, if applicable.

[Acts 2009, ch. 1, § 1.]