VOLUNTARY TRANSFERS AND REASSIGNMENTS 12.3.1 A listing of tentative vacancies for which the District will interview shall be posted annually in each school on or about March 30 and April 15. The transfer or reassignment closing date will be April 30. Those employees applying within this window shall receive placement prior to consideration of outside applicants.
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.
Involuntary Reassignment 1. The following guidelines shall be observed in making an involuntary reassignment: a. No vacancy will be filled by means of a reassignment or outside hire without first considering a properly certified volunteer available to fill such position. Such decisions will not be made on an arbitrary, capricious, or discriminatory basis. b. Tentative teaching schedules will be made available to staff by the end of the school year. Notification of reassignments will be made as soon as possible, but no later than July 10 except in the case of unforeseen emergencies such as late vacancies, classroom course enrollment, or problems with data processing equipment/systems. c. When an involuntary reassignment is necessary, a teacher’s area of certification and length of service in the District shall be considered when determining who will be reassigned. The District will move the belongings and materials of bargaining unit members who are involuntarily reassigned. d. If said involuntary reassignment is from building to building, the reassignment will be made only after an opportunity for a meeting between those involved and the Superintendent or his/her designee. Those involved will have at least forty-eight (48) hours’ notice of the opportunity for a meeting and the subject to be discussed. The teacher may, at his/her option, have a representative of the Association present at such a meeting. If the involuntary reassignment is at the building level, reassignment will be made only after an opportunity for a meeting between those involved and the Building Principal and/or the Superintendent. e. Before the involuntary reassignment occurs, a list of posted positions in the District will be made available to all teachers being reassigned. Such teachers may request the positions, in order of preference, to which they desire to be reassigned. Every effort will be made by the Administration to honor that assignee’s first choice of assignment. f. A teacher being involuntarily reassigned will be placed in a position which involves no reduction in rank or in total compensation and/or impairment of seniority. g. No teacher in K-4 core subjects shall be involuntarily reassigned two (2) consecutive years. No teacher shall be involuntarily transferred mid year unless such transfers are the result of a reduction in force.
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.
Voluntary Transfers A voluntary transfer is the voluntary movement of an employee from one worksite or school to another worksite or school. Any member of the Bargaining Unit shall have the right to request a voluntary transfer.