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, Outs...
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 Transfers. 19841 Provides relocation expenses for involuntary transfer or promotion requiring a change in residence. 19994.1 Authorizes involuntary transfers. Requires 60-day prior written notice when transfer requires change in residence. 19994.2 Allows seniority to be considered when two or more employees are in a class affected by involuntary transfers which require a change in residence.
Involuntary Transfers. (1) When it becomes apparent that a transfer from a building must take place, the principal (or other equivalent supervisor) will talk to all members of the staff in the building who are in the grade levels or subject field from which it is necessary to transfer someone. If one of these teachers states a willingness to be transferred, that person will be chosen for the transfer. Such a transfer will be considered to be an involuntary transfer.
(2) Notice of the necessity for transfers will be given to teachers as soon as practical and, under normal circumstances, not later than the end of the semester preceding the effective date of transfer.
(3) In making involuntary transfers, the convenience and wishes of the individual teacher will be honored to the extent possible, as long as these considerations do not conflict with the best interests of the school system as a whole. If no teacher who is certified for the open position volunteers, the teacher in the building with the least service in the District, who is certified for the open position, has taught in the same grade grouping (K-3 or 4-5) or contiguous grade level (elementary) or in the subject area (secondary) in the last five years, will be transferred.
(4) An involuntary transfer for which no teacher volunteers will be made only after a meeting between the teacher involved and the superintendent or his designee at which time the teacher will be notified of the reasons for the decision on the transfer. In the event that a teacher objects to the transfer at this meeting, upon the request of the teacher, the Association will be notified and the superintendent or designee will meet with the Association's representatives to discuss the transfer. Disputes under Article XVII, B. 2. b. (4), will be subject to the grievance procedure, but the decision of the Board, unless arbitrary, capricious, or without basis in fact, will be final.
(5) Postings for open positions in the District will be made available to all teachers being involuntarily transferred. Preference will be given in filling such positions on the basis of certification majors, teaching experience, demonstrable programs needs and length of service in the District. Disputes under Article XVII, B. 2. b. (5), will be subject to the grievance procedure, but the decision of the Board, unless arbitrary, capricious, or without basis in fact, will be final. When the transfer has been made, the transferred teacher will be assigned to classes on an equal b...
Involuntary Transfers a. The District may seek volunteers before involuntarily transferring a unit member to fill a vacancy unless such unit member is being transferred to improve his/her performance pursuant to section 6c of this article.
b. A teacher who is to be involuntarily transferred shall be given the reasons in writing, if requested, for the impending transfer. The teacher to be involuntarily transferred shall have the right to indicate preference from a list of vacancies, if more than one vacancy exists. The Superintendent or designee may honor such preferences.
c. An involuntary transfer may be initiated by the District due to changes in enrollment, school closure and openings, staffing shortages or surpluses within a school and/or department, educational needs, or to improve performance as documented by evaluation(s), or to otherwise meet State and/or Federal requirements, including but not limited to American With Disability Act requirements. In a non-evaluation year, or after a written evaluation has been given in an evaluation year, other substantive documentation may be used to justify an involuntary transfer to improve performance. No unit member shall be involuntarily transferred for arbitrary, capricious or discriminatory reasons.
d. Written notice of an involuntary transfer, and specific reasons when requested by the unit member, shall be given to the unit member during a conference with the originator of said change prior to implementation of the involuntary transfer. A minimum of five (5) days notice shall be provided to the unit member prior to implementation of such transfer.
e. Unit member(s) involuntary transferred may be placed in open positions comparable as possible to the previously held position(s).
f. An involuntary transfer shall not result in the loss of compensation, seniority, or any fringe benefit to a teacher.
g. If a teacher is involuntarily transferred within less than fifteen days notice to a position he/she is not presently prepared to teach, he/she shall be given released time for lesson preparation before the actual transfer takes place up to a maximum of ten (10) working days.
Involuntary Transfers. 12.4.1 Involuntary Transfers may be made for the following reasons: enrollment shifts or trends; program reduction or elimination; educational course or program requirements; disciplinary or school climate requirements, provided that the conduct requiring discipline has been documented to at least Level Two or that the investigated circumstances impacting school climate have been set out in writing by the administration; state or federal requirements.
12.4.2 With the exception of individuals being transferred under disciplinary or school climate requirements, it shall be the most junior member meeting the following criteria defined in 12.4.3 who shall be transferred. Seniority shall be determined District-wide rather than site-level.
12.4.3 Involuntary transfers by the District shall be based on the following criteria: credential authorization, state and federal mandates relative to the requirements of the position, and co-curricular needs limited to Levels 1, 2, and 3 (excluding assistant coaches) from the extra duty classification levels and, to the extent possible, Department Chairs.
12.4.4 Involuntary transfers will not be made in an arbitrary, discriminatory, or capricious fashion.
12.4.5 Except in unusual circumstances, individual teachers shall not be involuntarily transferred more than once in three years.
12.4.6 Those to be involuntarily transferred may indicate a preference of assignments to the Superintendent.
12.4.7 Those to be involuntarily transferred shall, upon written request, have written reason for the impending transfer from the Superintendent.
12.4.8 In subsequent school years, priority consideration to return to a former worksite will be given to a request from an employee who was involuntarily transferred from said site in the past, provided the employee is properly qualified for said vacancy and the reasons for the transfer no longer exist, and the transfer is in compliance with Education Code § 35036.
12.4.9 If a unit member who was transferred involuntarily due to enrollment shifts and/or decline, or boundary changes, the unit member shall be offered the first opportunity to return to the unit member’s school if a subsequent vacancy develops in the department from which the employee had been involuntarily transferred.
12.4.10 Involuntary transfers shall not result in loss of contract salary, seniority, or fringe benefits.
12.4.11 ln the event there is a unification, the District and Federation agree to meet and negotiate the ramif...
Involuntary Transfers. An involuntary transfer may be made after the Voluntary Transfer provisions in Section 1. above do not result in filling the posted vacancy; or when management determines that it is in the best interest of all Parties involved to involuntarily transfer an employee. Management will conduct a meeting between the employee involved and the principal or department head, and a Union representative if requested by the employee. During this meeting, the employee shall be provided valid reason(s) for the involuntary transfer and such reason(s) shall not be arbitrary or capricious. Such factors as length of service, job competency, and geographic location should be given consideration to the extent that these factors do not, in the opinion of the Superintendent, interfere with the best interest of the District. The employee shall be given a minimum of three (3) workdays notice prior to the involuntary transfer.
Involuntary Transfers. Should an employee be involuntarily transferred or reassigned on a permanent basis, the Assistant Superintendent-Business and Operations shall meet with the employee and the Union to discuss the reasons for the transfer or reassignment and to consider any unreasonable hardships that may be incurred as a result of the transfer or reassignment prior to its implementation. No loss of pay or hours shall result from any such transfer or reassignment.
Involuntary Transfers. Any involuntary transfer of teachers shall be governed by any one or all of the following non-prioritized items: • Volunteers • Certification requirements • Academic and professional preparation beyond minimum certification requirements • Length of service in current assignment/building/district/total experience • Balance of experience among staffs • Department or grade level/principal/director recommendation • Overall performance evaluation If the application of the above criteria does not clearly identify the employee(s) for involuntary transfer, then the administration, in the best interests of the school environment, shall review the records contained in the official personnel files to identify the employee(s) for involuntary transfer who best fit the specific needs of the district. Every attempt shall be made by the Superintendent, designee, principal or director to have dialogue with the teacher involved before any involuntary transfer is made. Any teacher transferred after school begins shall receive three working days without students to adequately prepare for the new assignment.
Involuntary Transfers. Involuntary transfers shall be made in such a way as to prevent undue disruptions of the instructional programs. Such transfers may result from a Principal’s recommendation to the Executive Director of Elementary/Middle or Secondary Schools, as appropriate, and then to the Chief Human Capital Officer, a directive of other governmental agencies, compliance with staffing requirements defined by the Board of School Commissioners, or judicially imposed. When an involuntary transfer results from directives of other governmental agencies, it shall be made on the basis of the system-wide seniority of the teachers within the affected school. Teachers shall be notified of a transfer at least ten (10) school days prior to the effective date of the transfer, unless by law, the special education teacher is required to be transferred in less than ten (10) school days. A teacher may request a meeting with the persons responsible for the transfer. This meeting (the three (3) day meeting), if requested, shall take place within three (3) school days of the transfer notice. The teacher shall be provided with the reasons for the transfer at this meeting. If unsatisfied with this meeting, the Union may request an additional meeting with the appropriate administrator to further discuss the reasons for the transfer. Reasons shall not be arbitrary, capricious or unreasonable. The Board and Administration will make every effort to minimize the number of involuntary transfers. Both parties will strive to accomplish all meeting requirements within the same ten (10) day period. If a three-day meeting is requested, the transfer shall not be carried out until after the three-day meeting and subsequent appeal meeting with the Executive Director of Elementary/Middle or Secondary Schools Instructional Leader Executive Director, the Executive Director of Secondary Schools, or appropriate BCPSS administrator have taken place.
