Common use of Transfer – Involuntary Clause in Contracts

Transfer – Involuntary. ‌ 9 1. The Superintendent or designee has the right to transfer involuntarily any employee within 10 their discretion except that no involuntary transfer shall be for disciplinary reason(s) only, 11 and no employee assigned within a county shall be transferred involuntarily to an 12 assignment outside of that county. 13 2. The Superintendent or designee has the right to transfer involuntarily any employee on a 14 temporary basis within their discretion, subject to the limitations in paragraph number one 15 (1) immediately above. Any employee involuntarily transferred on a temporary basis shall 16 receive reimbursement for mileage based on the difference between travels involving the 17 regular assignment from travel required by the temporary assignment. 18 3. If Education Code Section 45101 (e) is applicable to any involuntary transfer under this 19 Article, then any such involuntary transfer shall be consistent with Education Code Section 20 45101 (e). 21 4. An employee involuntarily transferred or transferred due to layoff shall be reimbursed at 22 the current approved mileage rate for total new round trip miles less the previous round trip 23 commute. In order to qualify, the new round trip must be at least 20 miles more than the 24 previous round trip. An employee shall be reimbursed such excess mileage up to 36 25 months, unless one or both of the following occur: 26 a) Commute becomes less than previous commute and does not meet the qualifying 27 conditions stated above. 28 b) Employee voluntarily changes jobs, even if at the same job site. If an employee’s 29 commute increases due to a living location change, reimbursement amount does not 30 change.

Transfer – Involuntary. ‌ 9 12 1. The Superintendent or designee has the right to transfer involuntarily any employee within 10 their 13 discretion except that no involuntary transfer shall be for disciplinary reason(s) only, 11 14 and no employee assigned within a county shall be transferred involuntarily to an 12 15 assignment outside of that county. 13 16 2. The Superintendent or designee has the right to transfer involuntarily any employee on a 14 17 temporary basis within their discretion, subject to the limitations in paragraph number one 15 18 one (1) immediately above. Any employee involuntarily transferred on a temporary 19 basis shall 16 receive reimbursement for mileage based on the difference between travels 20 involving the 17 regular assignment from travel required by the temporary assignment. 18 21 3. If Education Code Section 45101 (e) is applicable to any involuntary transfer under 22 this 19 Article, then any such involuntary transfer shall be consistent with Education 23 Code Section 20 45101 (e). 21 24 4. An employee involuntarily transferred or transferred due to layoff shall be reimbursed 25 at 22 the current approved mileage rate for total new round trip miles less the previous 26 round trip 23 commute. In order to qualify, the new round trip must be at least 20 miles 27 more than the 24 previous round trip. An Effective October 1, 1995, an employee shall be 28 reimbursed such excess mileage up to 36 25 months, unless one or both of the following 29 occur: 26 30 a) Commute becomes less than previous commute and does not meet the qualifying 27 31 conditions stated above. 28 1 b) Employee voluntarily changes jobs, even if at the same job site. If an employee’s 29 2 commute increases due to a living location change, reimbursement amount does 3 not 30 change.

Transfer – Involuntary. ‌ 9 7 1. The Superintendent or designee has the right to transfer involuntarily any employee within 10 8 their discretion except that no involuntary transfer shall be for disciplinary reason(s) only, 11 9 and no employee assigned within a county shall be transferred involuntarily to an 12 10 assignment outside of that county. 13 11 2. The Superintendent or designee has the right to transfer involuntarily any employee on a 14 12 temporary basis within their discretion, subject to the limitations in paragraph number one 15 (1) immediately above. Any employee involuntarily transferred on a temporary basis shall 16 14 receive reimbursement for mileage based on the difference between travels involving the 17 15 regular assignment from travel required by the temporary assignment. 18 16 3. If Education Code Section 45101 (e) is applicable to any involuntary transfer under this 19 17 Article, then any such involuntary transfer shall be consistent with Education Code Section 20 18 45101 (e). 21 19 4. An employee involuntarily transferred or transferred due to layoff shall be reimbursed at 22 20 the current approved mileage rate for total new round trip miles less the previous round trip 23 21 commute. In order to qualify, the new round trip must be at least 20 miles more than the 24 22 previous round trip. An employee shall be reimbursed such excess mileage up to 36 25 23 months, unless one or both of the following occur: 26 24 a) Commute becomes less than previous commute and does not meet the qualifying 27 25 conditions stated above. 28 26 b) Employee voluntarily changes jobs, even if at the same job site. If an employee’s 29 27 commute increases due to a living location change, reimbursement amount does not 30 28 change.