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State Management Personnel Manual

1800 Appointments

1840 Voluntary Transfers in the State Service

.1 BACKGROUND

.110 Legal Basis
Voluntary transfers are "…the change, without further examination, of a permanent employee from a position under the jurisdiction of one appointing authority to a position under the jurisdiction of another appointing authority or to a position in a different title in the same or a higher salary grade under the jurisdiction of the same appointing authority." (Rule 1.2 (b)(1))
The several types of voluntary transfers are authorized by Sections 52.6, 70.1, and 70.4 of the Civil Service Law. Other types of transfers, commonly referred to as "involuntary", and governed by Sections 70.2, 76.3, and 78 of the Civil Service Law and Section 5.8 of the Rules for the Classified Service, are not discussed here.

.111 Voluntary transfers between administrative titles in the same or related or collateral specialties which have substantially equivalent tests or qualifications are permitted by Section 52.6 (c). Positions considered administrative as defined by Section 52.6 (a) are those in the occupational categories of law, personnel, budgeting, methods and procedures, management, records analysis, and administrative research.

.112 Voluntary transfers within a title between appointing authorities, or between titles for which there is not required an examination involving essential tests or qualifications different from or higher than those for the title held by the employee are permitted by Section 70.1.

.113 Voluntary transfers between titles where the employee has passed an appropriate examination for the title to which transfer is sought are permitted by Section 70.4.

.114 There is no provision in the law or rules for voluntary transfers for other than competitive class employees, or for competitive class employees to other jurisdictional classes, or for transfers on other than a permanent basis.

.2 POLICY

.210 General

.211 Voluntary transfers are an alternative to the use of eligible lists for filling competitive class positions.

.212 It is the policy of the Department of Civil Service to encourage voluntary transfers of eligible employees to promote career mobility, where such transfers are in the best interests of the State.

.220 Limitations and requirements

.221 Each voluntary transfer requires:

  1. the consent of the employee, andthe nomination of
  2. the agency having jurisdiction over the position to which transfer is sought, and
  3. that the employee serve a probationary period unless waived by the agency at the time of transfer, and
  4. the approval of the Department of Civil Service.

.222 In addition to meeting the specific criteria required by the relevant law and rules, all voluntary transfers are governed by the following:

  1. * Transferees must be permanent in a competitive class position and have had one year of permanent service at their current salary grade. NOTE: Permanent service in a traineeship leading to the source title may be counted toward the one year requirement. Employees who have not completed probation may transfer if otherwise eligible.
  2. The transfer may not be to a position more than two salary grades or one M-grade higher than the position from which transfer is made.
  3. Consecutive voluntary transfers for the same employee will not be approved if they result in a net increase of more than two S-grades or one M-grade without intervening examination.
    NOTE: The examination associated with a 70.4 transfer is considered an intervening examination.
  4. Voluntary transfers will not be approved if a reemployment list exists for the position to which transfer is sought except:
    1. if the highest ranking acceptor on the ranked reemployment list is simultaneously appointed to the position left vacant by the transfer, or
    2. if any acceptor is so appointed from an unranked reemployment list.
  5. Certain voluntary transfers to redeploy employees who may be affected by layoffs may be permitted in the face of some reemployment lists. See Policy Bulletin 98-01 in this section.
TM-71, Replaces TM-48; +=new; *=revised material; 6/15

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