Non-Geographic Transfer

Legal Authority

Government Code sections 19994-19994.4 and Rule 599.714.

DPA Rule

An 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). See also Johnson v. DPA (1987) 191 Cal.App.3d 1218; 236 (Cal.Rpts. 853).

Notice Required By Appointing Power

No written notice is required.

Time Limits

The protest must be made to the DPA with a copy to the appointing power within 30 days of the time the employee is notified of 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

Whether the purpose of the transfer was to harass or discipline the employee. The appointing power should be prepared to show that the transfer was for legitimate business purposes. If the transfer was for improper purposes, 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

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

Unit 17 (SEIU) Registered Nurses - Article 15.1

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 15.1

An appeal of an involuntary transfer which does not reasonably require an employee to change his/her residence shall not be subject to the grievance and arbitration procedure. It shall be subject to the complaint procedure 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 appeal of an involuntary transfer which does not reasonably require an employee to change his/her residence shall not be subject to the arbitration procedure. It shall be subject to the grievance procedure if the employee believes it was made for the purpose of harassing or disciplining the employee but may only be appealed to the second level of the grievance procedure.

Updated October 31, 2007 at 11:45 AM.