Section 1. Voluntary Demotion: An employee may, with the agreement of the appointing authority and the approval of the Civil Service Commission, be reclassified and transferred to a vacant position, which he is qualified to fill, in a class having lower compensation.
Section 2. Involuntary Demotion Resulting from Disability: When an employee becomes disabled and cannot perform the duties of his classification, he may, upon request of the appointing authority or upon his own request, be reclassified and transferred to a vacant position, which he is able to fill, in a class having lower compensation. He first shall be served with a written notice of such demotion and have a fair chance to file an explanation. Complete facts regarding such a change in classification shall be reported to the Commission in the manner set forth in appeals from dismissals (see Rule 17). The reclassification shall not become effective until approved by the Commission.
An employee demoted as a result of a disability may, or the appointing authority may, at any time after the effective date of a demotion request the Civil Service Commission to effect the reclassification of the demoted employee to the classification from which the employee was previously demoted, provided that such appeal shall not be filed after the date of service eligibility retirement. The demoted employee must pass an examination administered by the City Physician, or by a licensed physician designated by the applicable public employees retirement board, showing that the employee has recovered from the disability.
Section 3. Any permanent employee who has been voluntarily demoted and is in good standing may be:
A. Reinstated to a vacancy in his former classification with the approval of the Commission, within a year from the date of the voluntary demotion, provided there is no existing promotional eligible list or other preferred list for the classification and there are no employees who have been laid off and whose names appear on a layoff list for the class. The appointing authority may be heard prior to the reinstatement.
B. Restored to the appropriate eligible list with the approval of the Commission within a period of one year from the date of the voluntary demotion. The employee will be placed on the eligible list in accordance with the grade he received if the list from which he was appointed is still in effect. In the case that the eligible list from which he was appointed has expired, or if the employee requesting to be restored to the eligible list for a classification from which they previously served but did not take an examination, the employee will be placed at the bottom of the appropriate eligible list.