T0: All Personnel Officers
SUBJECT: Revision of Rule 5.1 Transfer to Foster Increased
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:
- 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.
- 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).
- 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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