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Appeal of involuntary non-geographic transfer

​Appeal of Involuntary Non-Geographic Transfer

Legal authority

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

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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