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State Personnel Management Manual

Policy Bulletin #83-01

 1840 (Transfers)
January 25, 1983

T0: All Personnel Officers

SUBJECT: Revision of Rule 5.1 Transfer to Foster Increased Career Mobility

The Governor recently signed Resolutions 206 and 207 amending Rule 5.1 Transfers that will foster increased career mobility for State employees. Attached are copies of the signed Resolutions for your reference.

Specifically, Rule 5.1 Transfers was amended to:

  1. Allow a transfer to be effected under Section 70.1 in the face of a departmental or an interdepartmental promotion eligible list. However, a transfer under Section 70.4 will be allowed only if appointment from an open-competitive eligible list would be in order. In those cases where both an open-competitive and a promotion examination were held, the presence of three or more acceptors on the promotion eligible list will prevent a transfer under Section 70.4.
  2. Remove the requirement that the losing agency must approve the transfer. Previously, an agency could prevent a transfer of an employee to another agency by disapproving the requested transfer. The employee was placed in the position of remaining with his or her current agency or resigning and subsequently be reinstated to the new agency. Under the new rule, the losing agency must allow the transfer, which in effect requires that the losing agency grant a leave of absence for the duration of the probationary period as specified by Rule 4.5(d).
  3. Remove the existence of a field for promotion as impediment to the reassignment of an employee to a different promotion unit. Agencies using proper management discretion can reassign an employee to a position in the same title in a different promotion unit within the agency.

A copy of the revised transfer checklist has been attached to assist your staff in processing transfers under the revised rules. [Not attached. Replaced by subsequent TM's. See 1840 (D)] Any questions on the general policy or specific situations should be directed to your Staffing Services Representative.

[The copy of the revised rule attached to the original bulletin does not appear here.]

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