Voluntary Transfer An employee who transfers within the same class shall receive no salary adjustment. An employee who transfers between classes shall receive the minimum adjustment necessary to bring his/her salary to the minimum rate of the new class. However, an employee receiving a rate of pay in excess of the range maximum shall continue to receive that rate of pay.
Voluntary Transfers 1. Unit members may request a voluntary transfer for the following school year on the District form submitted to the Human Resources Development. The District will send out notifications of each voluntary transfer opportunity to bargaining unit members.
2. For purposes of making a selection to fill a vacancy between a current bargaining unit member and an outside applicant, a current bargaining unit member who meets the criteria in paragraph 3.a below who submits a voluntary Interest Form indicating the school site and grade level or subject area for the vacancy shall be granted an interview before the vacancy is filled.
3. For purposes of making a selection to fill a vacancy between two (2) current bargaining unit members, the following criteria shall apply:
a. The qualifications of the bargaining unit member relative to training, major and minor fields of study, credentials, experience, competencies, preferred criteria as listed in job flyer and good standing in the current position held.
b. After interviews, seniority of the bargaining unit member shall be the tie- breaking criterion between the top two (2) candidates if the qualifications in 3.a. are ranked substantially equal.
4. Within ten (10) working days after the vacancy is filled, all applicants will receive written notice of the outcome. In the event that a bargaining unit member discovers an error in the implementation of the voluntary interest process, the District and the Association shall work collaboratively to resolve the issue.
5. A transfer request can be made at any time during the school year. Requests for transfer to a posted vacancy shall remain valid until the position has been filled.
6. To ensure the continuity of the education program, transfers shall be coordinated with the normal breaks in the school year. To help insure adequate notice to parents of their child’s school schedule, no voluntary transfers will occur during the three (3) weeks immediately preceding the first contractual work day of the school day.
7. Transfers after the commencement of the student year shall not be completed until an acceptable replacement has been found for the bargaining unit member.
8. In accordance with Section 35036 of the California Education Code, the principal of a school that is ranked in deciles 1 to 3, inclusive, on the Academic Performance Index may refuse to accept the transfer request of a bargaining unit member.
Involuntary Transfer a. If employees are being considered for involuntary transfer they shall be consulted prior to a decision. The employee being considered for a transfer can discuss his/her personal desires at that time. At the superintendent’s discretion, teachers with only one year of experience in the current assignment or the district, or teachers assigned to other than regular classrooms, may be exempt from a transfer. An employee receiving notice of a transfer may request a meeting with the superintendent at which meeting the employee is entitled to employee representation. At the request of the employee, a written statement of the reasons for the transfer shall be provided by the superintendent with input from the principal(s). The building administration shall proceed through a process for an involuntary transfer considering the following criteria:
1. Every attempt shall be made to replace staff from within the building first.
2. The building administrator shall meet informally with staff to make an amiable transfer.
3. The building administrator shall request volunteers.
4. The building administrator shall notify the Association if the only option appears to be an involuntary transfer.
5. In cases where no voluntary transfer is found, the employee with the least seniority shall be selected so long as academic program requirements can be met.
6. The building administrator shall work to not cause multiple moves.
7. The administration shall make the final decision. This process is not an attempt to produce movement without cause but to improve education.
b. An employee chosen to be transferred (to a new building or a new room within a building) shall have the option to use two (2) days at per diem. These days shall be used on site the week prior to the regular report day for teachers or the week after the last contract day of the current school year, in order to prepare for the new assignment. If approved by the Superintendent, other arrangements for use of the per diem days can be made with the building principal.
c. The affected employee who is requested to transfer shall be informed of the time, and be assisted in moving by the District to a new building or a new room within a building. This assistance shall include the movement of professional equipment and instructional supplies.
d. The transferred employee shall be offered assistance to meet the employee’s and student’s needs. The assistance may include a mentorship, college courses, workshops, resource materials, collaboration, time to review curriculum and other in- service opportunities. In no case shall the district’s financial obligation exceed five hundred dollars ($500.00).
e. Teachers transferred out of their areas of qualifications (majors, minors, or specific certification) shall not be subject to probation/nonrenewal for the first year of such reassignment, if the probation nonrenewal is based solely on deficiencies in knowledge of subject matter.
Involuntary Transfers Any transfer of title or beneficial ownership of Interests upon default, foreclosure, forfeit, divorce, court order or otherwise than by a voluntary decision on the part of a Management Member or Outside Member (each, an “Involuntary Transfer”) shall be void unless such Management Member or Outside Member complies with this Section 12.4 and enables the Company to exercise in full its rights hereunder. Upon any Involuntary Transfer, the Company shall have the right to purchase such Interests pursuant to this Section 12.4 and the Person to whom such Interests have been Transferred (the “Involuntary Transferee”) shall have the obligation to sell such Interests in accordance with this Section 12.4. Upon the Involuntary Transfer of any Interest, such Management Member or Outside Member shall promptly (but in no event later than two days after such Involuntary Transfer) furnish written notice to the Company indicating that the Involuntary Transfer has occurred, specifying the name of the Involuntary Transferee, giving a detailed description of the circumstances giving rise to, and stating the legal basis for, the Involuntary Transfer. Upon the receipt of the notice described in the preceding sentence, and for 60 days thereafter, the Company shall have the right to purchase, and the Involuntary Transferee shall have the obligation to sell, all (but not less than all) of the Interests acquired by the Involuntary Transferee for a purchase price equal to the lesser of (i) the Fair Market Value of such Interest and (ii) the amount of the indebtedness or other liability that gave rise to the Involuntary Transfer plus the excess, if any, of the Carrying Value of such Interests over the amount of such indebtedness or other liability that gave rise to the Involuntary Transfer. Notwithstanding anything to the contrary, any Involuntary Transfer of Override Units shall result in the immediate forfeiture of such Override Units and without any compensation therefor, and such Involuntary Transferee shall have no rights with respect to such Override Units.
Recall Notice Notice of Recall or available position may be made in person or by U.S. Mail, return receipt requested. It is the responsibility of each laid off employee notify the Sheriff of his/her current address.