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Appeal of involuntary geographic transfer

Appeal of Involuntary Geographic Transfer

Legal authority

Government Code sections 19841; 19994 through 19994.4 and Title 2, California Code of Regulations, sections 599.714 (rank-and-file); 599.714.1 (excluded).

 

An appointing power may transfer any employee under his or her jurisdiction: (1) to another position in the same class; or (2) from one location to another whether in the same position, or in a different position as specified above in (1). When a transfer reasonably requires an employee to change his or her place of residence, the appointing power must give the employee, unless the employee waives this right, written notice of transfer 60 days in advance of the effective date of the transfer. The appointing power shall provide written notice setting forth in clear and concise language the reasons why the employee is being transferred.

 

The employee may file an appeal of transfer if he or she alleges the transfer was for the purpose of harassment or discipline. See Johnston v. DPA (1987) 191 Cal.App.3d 1218.

 

Note: When an appointing power includes a transfer as part of the penalty in a notice of adverse action, the action is only appealable to the State Personnel Board (SPB), pursuant to Government Code section 19579, et seq. (Carole DeHart (1994) SPB Dec. No. 94-22.)

 

Timeline to file

The appeal must be filed within 30 days of the time the employee is notified of the transfer. Filing of an appeal may be extended an additional 30 days after the end of the period in which the appeal should have been filed if the petitioner demonstrates good cause for a late filing (Title 2, California Code of Regulations, section 599.904). (Gonzales v. SPB (1977) 76 Cal.App.3d 364.)

 

Type of hearing

A full evidentiary hearing is conducted by an Administrative Law Judge (ALJ). The proposed decision of the ALJ is accepted or rejected by the Director of the California Department of Human Resources.

 

Rank-and-file employees: PLEASE REVIEW THE CURRENT YOUR BARGAINING UNIT MEMORANDUM OF UNDERSTANDING

  Updated: 9/9/2013
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