Geographic Transfer

Legal Authority

Government Code sections 19994.4 and 19841 and Rules 599.714 and 599.714.1. Moving expenses are paid pursuant to Section 19841.

DPA Rule

A department may involuntarily transfer an employee to another position in the same class, or from one location to another, whether in the same position or to a different position in the same class. The employee may file a protest of transfer with DPA, if he/she alleges that the transfer was for the purpose of harassment or discipline (Government Code section 19994.3). A geographic transfer is one where the employee is reasonably required to change his/her residence.

Note: When an employing department includes a transfer as part of the penalty in a notice of adverse action, the action is only appealable to the SPB, pursuant to Government Code section 19579 and following, and Carole DeHart (1994) SPB Dec. No. 94-22.

Notice Required

If the transfer requires a change of residence, as defined in Rules 599.714 and 599.714.1, the appointing power must give the employee written notice 60 days before the effective date of the transfer, unless the employee waives this right. The notice must set out in clear and concise language the reasons for the transfer.

Time Limits

The protest must be made to DPA, with a copy to the appointing power, within 30 days of the time the employee is notified of the transfer (Government Code section 19994.4).

Type of Hearing

Full evidentiary hearing. The proposed decision of the ALJ is accepted or rejected by DPA.

Issues

The employee bears the burden of proof that the transfer was made for the purpose of harassment or discipline. If the transfer was for an improper purpose, the employee will be transferred back and be made whole.

Contract Variations

Unit 1 (SEIU) Professional, Administrative, Financial and Staff Services - Article 15.1

Unit 2 (CASE) Attorneys and Hearing Officers - Article 13.14

Unit 3 (SEIU) Professional Educators and Librarians - Article 15.1

Unit 4 (SEIU) Office and Allied - Article 15.1

Unit 7 (CAUSE) Protective Services and Public Safety - Article 16.11

Unit 9 (PECG) Professional Engineers - Article 15.2

Unit 10 (CAPS) Professional Scientific - Article 16.4

Unit 11 (SEIU) Engineering and Scientific Technicians - Article 15.1

Unit 14 (SEIU) Printing and Allied Trades - Article 15.1

Unit 15 (SEIU) Allied Services - Article 15.1.15

Unit 16 (UAPD) Physicians, Dentists and Podiatrists - Article 14.3

Unit 17 (SEIU) Registered Nurses - Article 16.2

Unit 19 (AFSCME) Health and Social Services/Professional - Article 15.9

Unit 20 (SEIU) Medical and Social Services - Article 15.1

Unit 21 (SEIU) Education Consultants and Library - Article 15.2

An involuntary transfer which reasonably requires an employee to change his/her residence may be grieved only if the employee believes it was made for the purpose of harassing or disciplining the employee.

Unit 12 (IUOE) Craft and Maintenance - Article 17.5

Unit 13 (IUOE) Stationary Engineers - Article 14.5

An involuntary transfer which reasonably requires an employee to change his/her residence may be grieved only if the employee believes it was made for the purpose of harassing or disciplining the employee.

Updated October 31, 2007 at 11:44 AM.