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DEPARTMENT OF ADMINISTRATIVE & FINANCIAL SERVICES
BUREAU OF HUMAN RESOURCES
March 21, 2005
CIVIL SERVICE BULLETIN 15.1
|TO:||Agency Heads, Directors of Administrative Services and Human Resource Representatives|
LAYOFF WITHIN THE MAINE MANAGEMENT SERVICE
The purpose of this bulletin is to ensure that employees assigned to the Maine Management Service (MMS) receive appropriate procedural due process when a layoff is implemented that includes MMS employees.
MMS employees in the classified service are subject to the layoff provisions of State of Maine Civil Service Rules, Chapter 15, Section 8. These MMS employees are subject to the “for cause” provision of 5 MRSA, § 7051, sub-§ 7.
In the event of a reduction in force, the State of Maine Civil Service Rules, Chapter 15, Section 8, sub-section 4, provides that ability and qualifications and the quality of past performance be considered first when determining which MMS employees may be laid off, transferred, or demoted. Length of service is the determining factor only after the appointing authority considers the relative ability and qualifications and demonstrable differences in the quality of past performance among MMS employees.
Given these provisions of the State of Maine Civil Service Rules, in the event a MMS employee with “for cause” protection under the Civil Service Law is designated to be laid off, the employee is, according to a recent holding of the U.S. Court of Appeals for the First Circuit, entitled to certain procedural protections of notice and an opportunity to respond.1 Effective immediately, all notifications of layoff for MMS employees with “for cause” protection under the Civil Service Law must include the following information:
This bulletin does not apply to employees who occupy positions in bargaining units or confidential employees who are not members of the MMS. An appointing authority should refer to Civil Service Rules, Chapter 15, when a layoff is contemplated. Civil Service Rules may be accessed at the Bureau of Human Resources website highlighted below.
S/ Frank A. Johnson
Frank A. Johnson, Acting Director
Bureau of Human Resources
1Reference Whalen v. Massachusetts Trial Court, et. al., 395 F. 3d 19 (1 st Cir. 2005). See also Cleveland Bd. of Education v. Loudermill, 470 U.S. 532 (1985).