Department of Corrections and Rehabilitation - Operations Manual

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Chapter 3 – Personnel, Training, and Employee Relations

Article 20 – Personnel Policies

Revised November 20, 2013

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33010.22.3 Responsibilities

  • Organization

    • The organization (e.g., parole region, facility) experiencing the budget reduction, closure of an office, deactivation, etc. provides OWP with a written notice describing the cause of the surplus and need for involuntary transfer and sends a copy to the Office of Labor Relations (OLROffice of Labor Relations) and the Regional Accounting Office. The classifications and the names of all employees holding appointments in those classifications shall be listed. Any special circumstances surrounding the need for involuntary transfer should be explained. A contact person from the organization shall be identified to act as liaison between the organization and OWP on the process. CDC Form 1822, Involuntary Transfer Worksheet, and Request to Implement Involuntary Transfer Process are to be completed and attached to the memorandum to OWP. It is imperative that OWP be notified as soon as the anticipated involuntary transfer of employees is realized. Ninety days advance written notice will ensure sufficient time for OWP to effect the involuntary transfer of surplus staff. This advance notice will relieve the organization of their surplus situation in a timely manner.

  • Office of Workforce Planning

    • Upon receipt of written notice of an anticipated need to involuntarily transfer employees, OWP staff will review the request, outline the process, and meet with organization staff to discuss the process.

    • There may be specific Bargaining Unit (BU) requirements, seniority calculations, or other considerations to be made prior to the movement of employees. It is essential to carefully review the current MOUMemorandum Of Understanding for the method of seniority calculation to be used for involuntary transfer.

    • The need to involuntarily transfer employees often varies in that a “surplus” of employees may or may not require that the seniority of all employees in the classification is calculated to ensure that the least senior employees are transferred.

    • Following are conditions under which involuntary transfer may be necessary:

      • There are 50 employees in the classification of Office Assistant (OAOffice Assistant) (Typing) (T) and the program has 50 authorized budgeted OAOffice Assistant (T) positions. The program is required to reduce their OAOffice Assistant (T) positions by 10 percent which equates to five positions. In order to identify the five least senior employees who will be subject to involuntary transfer to vacant OAOffice Assistant (T) positions elsewhere in the Department, seniority must be calculated for all 50 employees. OWP will order seniority from CalHRCalifornia Department of Human Resources (formerly DPA and SPB) and effectuate the involuntary transfer of the five least senior employees.

      • The closure and movement of an office.

      • A field office is being closed due to the conclusion and nonrenewal of the lease. Another office in another location has been obtained and leased for a lesser cost. Transferring the employees to the new office location would not necessitate seniority calculations, as long as all the employees are being transferred to the same location (new office). However, the employees and affected unions must be given notice consistent with policy, applicable laws, and MOUs. OWP would initiate the notices.

      • Abolishment of a program.

      • A vocational program is abolished. There are two positions and both are filled. This classification is used elsewhere in the Department. The classification is frozen through the DROADepartmental Restrictions Of Appointment process.

        • OWP staff and the Institutional Personnel Officer explore options available to the affected employees such as voluntary transfer to other classifications.

      • If there are other vacant positions in this classification in the Department, OWP will order seniority scores from CalHRCalifornia Department of Human Resources (formerly DPA and SPB) and implement the involuntary transfer of staff. If the vacant positions exist in separate locations, the most senior employee is offered first choice.

      • OWP prepares and assures the delivery of CDC Form 1822, in accordance with this policy, applicable laws, MOUs, or other negotiated agreements between the State and the unions.

  • Office of Labor Relations

    • The OLROffice of Labor Relations receives a copy of the initial notice sent to OWP of the possible involuntary transfer of employees. The OLROffice of Labor Relations staff reviews any MOUMemorandum Of Understanding restrictions or requirements with regard to those represented employees affected by an involuntary transfer. Notification of the union(s) is made by OLROffice of Labor Relations staff. If requested by the union, a meet-and-confer on impact will be scheduled. A coordinated effort between OWP and OLROffice of Labor Relations is essential to effectuate a smooth transition of affected employees.

  • Accounting Services

    • The Relocation Coordinator located at Sacramento Accounting Office (SAO) receives a copy of the initial notice sent to OWP of the possible involuntary transfer of employees. The SAO will address any concerns of the employee(s) regarding claiming relocation and moving reimbursement after CDC Form 1822 has been delivered. Upon authorization for the move, the SAO will send a moving and relocation package to the employee. The STDStandard Form (DGS) Form 255, Moving Service Authorization, is included in the package to the employee.

    • The employee may receive relocation payment or reimbursement of actual and necessary moving, traveling, lodging, and meal expenses when the employee is required to change residences, as a result of an involuntary transfer for the advantage of the State or a transfer in lieu of layoff.

    • The actual and necessary relocation expenses incurred by a relocating employee, both before and after the change of residence, are defined and controlled pursuant to the State Administrative Manual (SAMState Administrative Manual) 0721 through 0774, 3800 through 3885, 8572.1 and DPADepartment of Personnel Administration (see CalHR) Rules 599.714 through 599.724.

    • Actual and necessary moving expenses include the following (the amounts are subject to change; consult with the SAO for current per diem rates, etc.):

      • Meals, lodging, and incidental expenses while locating a permanent residence at the new headquarters within the limits of CalHRCalifornia Department of Human Resources (formerly DPA and SPB) Rules 599.721 and 599.722. Relocation per diem is allowed up to a maximum of 60 days and shall terminate immediately upon establishment of a permanent residence.

        • The BU contract should always be referenced to obtain per diem and other expense allowances at the time the transfer is to be made.

      • Although some expenses do not require receipts in order to receive reimbursement, the employee should retain sufficient documentation as proof that the amounts claimed do not exceed actual expenses in the event they are audited by the Internal Revenue Service.

      • Movement of household goods are allowed within the limitations of CalHRCalifornia Department of Human Resources (formerly DPA and SPB) Rules 599.718 and 599.719.

      • Expenses incurred for dissolution of the household and/or establishment of the new household are allowed in accordance with CalHRCalifornia Department of Human Resources (formerly DPA and SPB) Rule 599.715.

      • Expenses incurred for the actual and necessary cost to sell a residence will be reimbursed as determined by prevailing practices within the area of the sale and within the limitations of CalHRCalifornia Department of Human Resources (formerly DPA and SPB) Rule 599.716.

      • The settlement of an unexpired lease agreement up to the maximum of one year will be reimbursed within the limitations of CalHRCalifornia Department of Human Resources (formerly DPA and SPB) Rule 599.717.

    • When involuntary transfer is utilized in lieu of employee layoff and/or due to budget reductions, the Department may negotiate a lesser relocation package than the procedures listed above. The above procedures and rules are governed by CalHRCalifornia Department of Human Resources (formerly DPA and SPB), SAMState Administrative Manual, and the employee’s BU contract; however, the Department has the discretion to modify or eliminate certain portions of the relocation expense reimbursement with the agreement of CalHRCalifornia Department of Human Resources (formerly DPA and SPB) and the appropriate BU. An example of a modified package may include 30 days of per diem expense, 30 days of storage, movement of household goods, and the elimination of the sale of residence reimbursement.

    • Upon receipt of a Std. Form 262, Travel Expense Claim, the SAO will process the claim within 30 days.

  • Employee

    • The employee may waive the 30-day or 60-day notice and choose to report to the new headquarters at an earlier date; however, no employee shall be coerced or forced to waive his/her right to such notice. Employees shall be assured that they will not be subject to reprisal, if they do not waive this right. An employee has the right to file an appeal with CalHRCalifornia Department of Human Resources (formerly DPA and SPB), if he/she believes the involuntary transfer is being made for the purpose of harassment or discipline.

    • An employee faced with involuntary transfer cannot elect to voluntarily demote and displace a lower senior employee in order to remain at the “old headquarters.” An employee who refuses an involuntary transfer may seek a permissive transfer to another agency; seek a permissive transfer to a vacant position in the Department; resign in lieu of the transfer; or retire, if eligible. If the employee fails to report to the new headquarters as instructed, he/she may be separated (Absent Without Leave {AWOLAbsent Without Leave}) five working days after the effective date of the involuntary transfer (in accordance with the California Supreme Court decision Coleman vs. DPADepartment of Personnel Administration (see CalHR) and General Services), or be subject to other types of adverse action.

    • For BU 6 employees, the MOUMemorandum Of Understanding recognizes additional procedural steps when processing an AWOLAbsent Without Leave separation. Therefore, the Department may elect to use the Adverse Personnel Action procedures to process an AWOLAbsent Without Leave separation for BU 6 employees. When making a determination as to which process to use, program staff should consult with OLROffice of Labor Relations and OWP for guidance.