Transfer of Membership Interest The Sole Member may Transfer any part or all of its rights and interest (including, but not limited to, its Capital Account) in the Company (each a “Membership Interest”) now owned or hereafter acquired to any Person, and the transferee of such Membership Interest shall become a Member of the Company.
Involuntary Transfers Any transfer of title or beneficial ownership of Interests or Special Membership Interests, as applicable, upon default, foreclosure, forfeit, divorce, court order or otherwise than by a voluntary decision on the part of a Management Member, Outside Investor Member or Other Investor Member (each, an "Involuntary Transfer") shall be void unless such Management Member, Outside Investor Member or Other Investor Member complies with this Section 13.6 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 or Special Membership Interests, as applicable, pursuant to this Section 13.6 and the person or entity to whom such Interests or Special Membership Interests, as applicable, have been Transferred (the "Involuntary Transferee") shall have the obligation to sell such Interests or Special Membership Interests, as applicable, in accordance with this Section 13.6. Upon the Involuntary Transfer of any Interest or Special Membership Interests, as applicable, such Management Member, Outside Investor Member or Other Investor 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 and Special Membership Interests acquired by the Involuntary Transferee for a purchase price equal to the lesser of (i) the Fair Market Value of such Interests or Special Membership Interests, as applicable, 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 or Special Membership Interests, as applicable, over the amount of such indebtedness or other liability that gave rise to the Involuntary Transfer. For purposes of this Agreement, "Carrying Value", with respect to any outstanding Special Membership Interest, means the value equal to the Special Membership Interest Funds advanced by the applicable selling Management Member, Outside Investor Member or Other Investor Member in respect of any such outstanding Special Membership Interest (plus any portion of accrued and unpaid interest on the applicable pro rata outstanding portion of the Bulk Advances that is allocable to the applicable Member pursuant to Section 10.8), less principal amounts paid to such Member in respect of such Member's Special Membership Interest.
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 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. Voluntary transfers will normally not be considered after July 1 to fill vacancies for the ensuing school year.
2. It is not the intent of this procedure that eligible certificated employees within the District be guaranteed a transfer merely upon request. Employees presently in the District will, however, be guaranteed consideration via an interview for any position(s) within the District for which they request a voluntary transfer. Employees who request a voluntary transfer may be refused consideration if they are not highly qualified and/or do not have the proper certification, endorsement, and/or license for the position which they are seeking. Employees not granted interviews, upon their request, shall be notified of the reason for refusal.
3. After obligatory transfers have been placed, the Human Resources Office will compile a list of available vacant positions for the ensuing school year. The vacancy list will be sent weekly to all appropriate sites via the intranet and will be posted for one (1) week. Vacancies will also be posted on voice-mail. Eligible transfer employees must call the site administrator within two (2) working days of the posting to schedule an interview. (Also see Section A)
4. Employees who interview for voluntary transfers shall be notified of the selection results by the interviewing administrator or designee.
5. An employee who has interviewed for voluntary transfer and has not been transferred after five (5) interviews or two (2) consecutive years may submit a request to the appropriate Assistant Superintendent for assistance in securing a transfer. The request shall list those transfer positions for which the employee has interviewed as well as any pertinent information relative to the employee's qualification/certification for the desired position(s).
6. Certificated employees shall be considered for vacancies occurring after July 1, if the individual's selection for the vacant position would result in additional financial remuneration for the ensuing school year.
7. The applicant considered to be the best qualified will be selected for the available position. If all factors are considered equal, the unit administrator shall use seniority within the District as the basis for selecting the successful candidate.
8. Any District-based teacher who is assigned to two (2) or more sites may request consideration for reassignment to a single site if a vacancy occurs after July 1 and prior to August 1. The request must be made in writing to the Assistant Superintendent, Human Resources no later than June 30 and must state the specific nature of the assignment for which he/she is to be considered. Consideration, in this instance, shall mean that the Human Resources Office shall include the teacher’s name in the pool of available candidates offered for consideration by unit administrators.
