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 Transfers (a) 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. (b) Employees shall remain in their current position at their current site for two years prior to being eligible to request a transfer; however, if the time spent in the current position at the current site is less than two years, but the position the employee is requesting would provide a salary increase, then the employee may request the transfer to the new position. Once the employee accepts a new position, the two-year requirement to be eligible to transfer shall commence once again. (c) All known vacancies and new positions shall be posted on the Federation bulletin board located in each school. A copy of the posting shall also be sent by mail to the Federation office. (d) Any employee desiring to transfer from his position to one of the vacant positions must file an application containing such information as may be required by the Department of Human Resources by the deadline established for applying. Vacancy postings shall provide a minimum of seven (7) workdays prior to the deadline for application. Application forms will be made available in each school building. (e) Transfer requests shall be granted in filling vacancies to the applicant(s) possessing the greatest number of years of service in the St. Tammany Parish School System except as follows: (1) When the applicant does not have the needed experience for the position; (2) When the position requires special qualifications; (3) Where the position requires special training; (4) If the applicant is not willing or able to assume special responsibilities required by the position, as specified at the interview; (5) When the applicant is not the individual deemed best able to meet the needs of the school or building site; and/or (6) When the principal or building supervisor deems it appropriate, based on the criteria number (4) and (5) above, to review the qualifications of new applicants prior to making his decision, in which case all applicants will be considered for the position before it is filled. (f) The principal or building supervisor will then make a recommendation to the Supervisor of Human Resources. (g) The principal or building supervisor shall provide written reasons, on request of any unsuccessful applicant, through the Department of Human Resources, explaining the basis for the selection he made. (h) A transfer request may be withdrawn in writing any time prior to the applicant’s acceptance of the position. (i) The Board shall implement all voluntary transfers for which vacancies exist before implementing involuntary transfers. This does not preclude the Board from acting upon subsequent voluntary transfer requests as vacancies become available.
