Chapter 3 – Personnel, Training, and Employee Relations

33010.22.1 Authority

• GCGovernment Code:

  • GCGovernment Code 19841 provides the right to moving and relocation expenses when all criteria are met.

  • GCGovernment Code 19050.5 states that involuntary transfer of an employee may be made to a different classification under the jurisdiction of the appointing power, however, advance approval of the CalHRCalifornia Department of Human Resources (formerly DPA and SPB) is required.

  • GCGovernment Code 19994.1 states that 60 days written advance notice of involuntary transfer is required, unless the employee waives this right, when a change in the employee’s residence is reasonably required.

  • GCGovernment Code 19994.2 states that the CalHRCalifornia Department of Human Resources (formerly DPA and SPB) may determine the method by which employees are selected for involuntary transfer when two or more employees are involved.

• CalHRCalifornia Department of Human Resources (formerly DPA and SPB):

  • CalHRCalifornia Department of Human Resources (formerly DPA and SPB) Rule 434 describes involuntary transfer between classification: When the transfer between classifications is not voluntary on the part of the employee, the classification to which the employee is transferred shall have prior executive officer (CalHRCalifornia Department of Human Resources (formerly DPA and SPB)) approval.

  • Rule 599.714 defines “reasonably required to relocate” as stated in GCGovernment Code 19994.1. The employee is reasonably required to change residence, and therefore, receives 60 days advance written notice of involuntary transfer, when the following criteria are met:

    • At least 35 miles between the old headquarters and the new headquarters.

    • At least 35 miles between the old residence and the new headquarters.

• Regardless of whether the employee chooses to change residence, a 60-day written advance notice must be given when the above criteria are met.

• Additionally, an employee is entitled to moving and relocation expenses when all of the following criteria are met:

  • At least 35 miles between the old headquarters and the new headquarters.

  • At least 35 miles between the old residence and the new residence.

  • At least 35 miles between the old residence and the new headquarters.

  • The new residence shall not be farther from the new headquarters than the old residence is from the new headquarters.

• For further information on moving and relocation expenses, contact the Travel Coordinator at the CDCRCalifornia Department of Corrections and Rehabilitation Corcoran Regional Accounting Office, Travel Unit.

• MOUMemorandum Of Understanding:

  • If this policy is in conflict with a MOUMemorandum Of Understanding reached pursuant to GCGovernment Code 3517.5, the MOUMemorandum Of Understanding shall be controlling without further legislative action, except if the MOUMemorandum Of Understanding requires the expenditure of funds, it shall not become effective unless approved by the Legislature in the annual Budget Act.