No Fault Termination In Baltimore
Article VII, section 100(b), of the Baltimore City Charter provides:
Each person discharged for the purpose of reducing the force and without fault shall receive a certificate so stating and all persons so discharged shall be placed on the eligible list in the order of the length of their service in their classifications at the time of being laid off . . . . Persons so discharged shall have preference in the order of their seniority over others on the eligible list . . . .
The rules of the Civil Service Commission for the City spell out the rights of employees who have been discharged "through no fault of their own." Civil Service Rule 52C reads:
Whenever it becomes necessary to reduce the work force in any organizational unit because of lack of work or lack of funds, the appointing officer shall notify the Department of Personnel of the names and classifications of the affected employees for the purpose of entering their names on appropriate re-employment lists as provided in Rule 39, and shall furnish each person so laid off or removed with a certificate to that effect, as required by Section 102 of the City Charter.
Civil Service Rule 29A states:
For initial appointments, the Personnel Director shall first certify to the appointing officer from the appropriate re-employment list the names of persons, equal in number to the positions to be filled, who have been laid off pursuant to the provisions of Rule 52. All names shall be selected or removed from a re[-]employment list for a class before any selections may be made from an employment list for the same class.
Certifications for promotions to a class for vacancies in an organizational unit in which a layoff occurred may not be made while the re-employment list for that class contains the names of eligibles from that organizational unit. Certifications for promotions to the class for vacancies in other organizational units may be made only if no new or additional names were placed on the re-employment list within the 90 days prior to the date of request for certification.
Lastly, Civil Service Rule 39 reads, in pertinent part:
B. the names of persons laid off in accordance with Rule 52 shall be placed on the re-employment list for the appropriate class in the order of the length of their service in their classifications at the time of being laid off and in other classifications in the Classified Civil Service in which they may have served previously.
C. Persons laid off under Rule 52 shall have absolute preference in re-employment, in the order of their standing on the re-employment list, when certified for the class in accordance with the provisions of Rule 29 and shall not be required to serve a probationary period upon re-employment in their former organizational unit.