2009 California Government Code - Section 19994-19994.4 :: Chapter 5. Transfers

19994.  (a) When the state takes over and there is transferred to it
a function from any other public agency, the department may
determine the extent, if any, to which the employees employed by the
other public agency on the date of transfer are entitled to have
credited to them in the state civil service, seniority credits,
accumulated sick leave, and accumulated vacation because of service
with the former agency. Granting of seniority credit under this
section is subject to review by the State Personnel Board pursuant to
Section 19816.2.
   (b) The department shall limit that determination to the time any
transferred employees were employed in the specific function or a
function substantially similar while in the former agency and the
seniority credits and accumulated sick leave and accumulated vacation
shall not exceed that to which each employee would be entitled if he
or she had been continuously employed by the State of California.
This section is applicable to any function heretofore transferred to
the state, whether by state action or otherwise, as well as to any
future transfers of a function to the state, whether by state action
or otherwise.

19994.1.  (a) An appointing power may transfer any employee under
his or her jurisdiction: (1) to another position in the same class;
or (2) from one location to another whether in the same position, or
in a different position as specified above in (1) or in Section
19050.5.
   (b) When a transfer under this section or Section 19050.5
reasonably requires an employee to change his or her place of
residence, the appointing power shall give the employee, unless the
employee waives this right, a written notice of transfer 60 days in
advance of the effective date of the transfer. Unless the employee
waives this right, the appointing power shall provide to the employee
60 days prior to the effective date of the transfer a written notice
setting forth in clear and concise language the reasons why the
employee is being transferred.
   (c) If this section is in conflict with a memorandum of
understanding reached pursuant to Section 3517.5, the memorandum of
understanding shall be controlling without further legislative
action, except that if the memorandum of understanding requires the
expenditure of funds, it shall not become effective unless approved
by the Legislature in the annual Budget Act.

19994.2.  (a) When there are two or more employees in a class and an
involuntary transfer is required to a position in the same class, or
an appropriate class as designated by the State Personnel Board, in
a location that reasonably requires an employee to change his or her
place of residence, the department may determine the methods by which
employees in the class or classes involved are to be selected for
transfer. These methods may include seniority and other
considerations.
   (b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if the provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.

19994.3.  (a) If a transfer is protested to the department by an
employee as made for the purpose of harassing or disciplining the
employee, the appointing power may require the employee to transfer
pending approval or disapproval of the transfer by the department. If
the department disapproves the transfer, the employee shall be
returned to his or her former position, shall be paid the regular
travel allowance for the period of time he or she was away from his
or her original headquarters, and his or her moving costs both from
and back to the original headquarters shall be paid in accordance
with the department rules.
   (b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if such provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.

19994.4.  (a) At the time it is filed with the department a copy of
the protest shall be filed with the appointing power. Such a protest
shall be made within 30 days of the time the employee is notified of
the transfer.
   (b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if such provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.