District Initiated Transfers. 8.5.1 Unit members shall not be transferred arbitrarily, capriciously, or without a rational basis in fact.
8.5.2 Unit members shall be transferred only after a meeting or telephone conversation with the responsible administrator to communicate to the unit member the need for the transfer.
8.5.3 Transfer policy shall not be used as a disciplinary measure.
District Initiated Transfers a. Employees shall be allowed the right to consultation with their immediate supervisor prior to any contemplated District-initiated transfer.
b. The district-initiated transfer will take place only after a meeting among the following:
(i) Employee
(ii) Director of Personnel
(iii) Site administrator or designee
(iv) Appropriate Specialist Services administrator or designee
c. The request of the administrator to transfer an employee shall be honored to the extent that the transfer does not conflict with the instructional needs of the school district and/or the best interests of the students.
d. Transfer of a District employee under non-emergency conditions shall be completed by July 1. In any non-emergency situation, transfer may also occur after July 1 with mutual consent.
e. In the event of an emergency situation, prior to the transfer, the employee, at the employee's option, shall be allowed an opportunity for consultation. This consultation shall include the immediate supervisor, LPPA representative, and the Director of Personnel.
f. When a choice of positions is available, the employee may indicate an order of preference. If two or more employees to be transferred request the same assignment, the one best qualified, in the judgment of the Director of Personnel, in consultation with the appropriate administrative staff, shall be recommended. If the qualifications of those involved are judged to be equal, years of experience within the Unit and then within the District shall be considered.
District Initiated Transfers. 10.5.1 Whenever practicable, District-initiated transfers shall be effective at the beginning of the academic year, and the teacher being transferred shall be notified in writing of such move by the end of the preceding academic year.
10.5.2 When a principal or supervisor initiates a request for transfer of a teacher from the school to which the teacher is assigned, the principal or supervisor shall inform the teacher in writing of such request at the same time the principal or supervisor submits the request to the Department of Human Resources, or designee. Upon the teacher’s written request, to the Department of Human Resources, or designee, the teacher will be granted a hearing regarding the reasons for the transfer. The request must be filed within three (3) work days of the principal’s or supervisor’s written notification to the teacher. The Department of Human Resources, or designee, will conduct said hearing within seven (7) work days. Within seven (7) work days of the close of the hearing, the Department of Human Resources, or designee, will communicate a written decision to the teacher.
District Initiated Transfers. The District may transfer employees when such action is deemed to be in the best interest of the educational program of the District. The employee shall be informed and definitive reasons for the transfer will be given during the conference held with the employee prior to the change of assignment. Written reason(s) for such transfer shall be supplied to the employee upon the employee’s request.
District Initiated Transfers a. The District Superintendent shall, subject to the approval of the Governing Board, assign all employees of the District to positions to which they are to serve. Such power to assign includes the power to transfer from one school location to another location within the District when the Superintendent concludes that such transfer is in the best interest of the District.
b. An employee may be involuntarily transferred based upon the justifiable needs and best interest of the District provided that such transfer shall not result in loss of pay or benefits to the employee. The employee shall be given a minimum of five (5) working days notice prior to transfer. Reasons for transfer shall be given upon request of the transferred employee.
District Initiated Transfers. 1. A permanent employee may be transferred based upon the needs and best interest of the District and/or employee, provided that such transfer will not result in loss of pay or benefits to the employee.
2. An employee shall be notified five (5) days prior to the effective date of the transfer whenever practical.
3. CSEA shall be notified of the transfer, provided the employee involved approves such notice. The employee will be provided with a form to sign acknowledging that the District has informed him/her of the right to have CSEA representation.
District Initiated Transfers. 14.9.1 All District-initiated transfers shall be considered tentative until the affected unit member is notified in writing by the Assistant Superintendent, Human Resources that the transfer is definite.
14.9.2 Such transfers shall be based on the educational needs of the District, which shall include but not be limited to the following: Declining enrollment at a particular school, filling a vacancy, accommodating special staffing needs/requirements at a school or department, balancing class size, reducing or terminating a program(s), starting or expanding a program(s), staffing shortages or surpluses which routinely occur in the administration of schools, meeting the requirements of the District affirmative action policy, or meeting State or Federal regulations.
14.9.3 Factors that shall be considered in evaluating candidates for involuntary transfer shall be consistent throughout the District. Involuntary transfers shall not be decided arbitrarily. The factors and their weighting that shall be considered in evaluating candidates for involuntary transfer are: 10% State Authorization in the subject area (except emergency credentials) 20% Seniority within the district 20% Experience in the subject/work area of need 20% Specific school needs at both the home school of the individual and the receiving school which have previously been identified.
District Initiated Transfers. 1. District-initiated transfers are those in which a teacher is transferred at the initiation of the District.
2. When a District-initiated transfer is being considered, it will first be discussed in a meeting with the affected teacher.
3. An involuntary transfer will only be made after a meeting between the teacher and the building principal involved, at which time the teacher will be informed, in writing, of the reasons for the transfer and given an opportunity to discuss the change.
4. The teacher may request a meeting with the superintendent to discuss his/her dissatisfaction and may write a statement for his/her personnel file with a copy to the superintendent expressing such dissatisfaction.
5. When an involuntary transfer is necessary, a teacher's length of service in the District, certification, areas of competence and major or minor fields of study will be considered.
District Initiated Transfers. 1. Transfers shall not be initiated arbitrarily, capriciously, or in retaliation against the employee for exercising the employee’s legal or contractual rights or as a pre- text for reasons, which violate the employee’s legal or contractual rights.
2. Reasonable efforts will be made to accomplish needed adjustments through a voluntary process; i.e., qualified volunteers will be considered first and will be transferred or reassigned unless there is an emergency operational need of the District to do otherwise.
3. It is the desire of the parties that as much advance notice as possible be given regarding involuntary transfers. Except in urgent cases,(where a vacant staff posi- tion needs filling within five days of it’s being opened, or of when the District is directed by the New Mexico Public Education Department to create a new position) reasonable prior notice will be given to employees prior to making an involuntary transfer or reassignment. In the case of certified employees, reasonable normally means fifteen (15) days.
4. When considering involuntary transfers the district will consider the qualifica- tions of the employees and their seniority prior to implementing the action. For the purposes of this section, “seniority” shall be defined as the length of an employee’s continuous service with the District within the employee’s current job classification provided, however, if two (2) or more employees were hired on the same date for the same job classification, and one (1) or more of the affected employees have prior continuous service with the District in another job classification, the affected employee(s) with the continuous District service in another job classification may apply that service when determining seniority status. Time earned prior to a break in service shall not be counted. If two affected employees have the same date of hire, the time a contract is signed shall be determinative.
5. An involuntary transfer or reassignment will only be made after a meeting be- tween the employee involved and the Office of Human Resources, at which time the employee will be notified of the reason therefore. The notice will state that the employee may, at his/her option, have a representative of the Association present at such meeting.
6. An employee being involuntarily transferred or reassigned will not be reduced in rank or have his/her rate of pay reduced other than as a part of disciplinary action for cause as provided in Article 26,
District Initiated Transfers. 10.5.1 When a principal or supervisor initiates a request for transfer of a teacher from the school to which the teacher is assigned, the principal or supervisor shall inform the teacher in writing of such request at the same time the principal or supervisor submits the request to the Department of Human Resources, or designee. Upon the teacher’s written request, to the Department of Human Resources, or designee, the teacher will be granted a hearing regarding the reasons for the transfer. The request must be filed within three (3) work days of the principal’s or supervisor’s written notification to the teacher. The Department of Human Resources, or designee, will conduct said hearing within seven (7) work days. Within seven (7) work days of the close of the hearing, the Department of Human Resources, or designee, will communicate a written decision to the teacher.
