Transfers - Consecutive and Specific Situations
SPB RULE 435
In general, Rule 435 prohibits single or consecutive transfers that result in classification-level increases equivalent to two or more salary steps. This is to ensure adherence to the basic principle that promotions in civil service must occur through competitive examinations. However, when an employee transfers to a deep classification, subsequent range advancements within the deep classification may move the employee to a salary level that is two steps or more higher than the pay level of the last classification in which the employee held a list appointment. Even though this occurs, the employee should still be allowed to transfer out of the deep classification to other classifications that are exactly at or below the pay level reached in the deep classification, since by providing a deep classification the SPB has sanctioned movement to that level by meeting alternate range criteria, rather than by examination. However, further advancement cannot be allowed without a list appointment, except that the employee may transfer to a classification to which s/he could have transferred directly from his/her last or highest list appointment classification.
In summary, a consecutive transfer involving a deep classification is appropriate when:
- The employee could have transferred into the “to” classification from the classification of his/her last or highest list appointment.
For example: An employee with a list appointment to Management Services Technician who progresses to Range B of that classification, transfers to Staff Services Analyst, Range A, then progresses through Range B, to Range C, could later transfer to Range B of Park and Recreation Specialist, even though Range C of that classification is three steps higher than the maximum range of Staff Services Analyst. This is permissible because the employee could have transferred to the Park and Recreation Specialist, Range B from the last or highest list appointment classification, Management Services Technician.
- The highest range of the “from” classification is equal to or higher than the highest range of the “to” classification in which the employee gains permanent status (has passed probation).
For example: An employee who transfers to Staff Services Analyst Range A, progresses through Range B, to Range C, could later transfer to any classification with a maximum salary range of Staff Services Analyst, Range C or lower.
It is important to note that these special controls apply only to subsequent transfers of employees who have transferred into a deep classification. Employees with list appointments to deep classifications may transfer out based on the regular standards outlined in SPB Rule 433.
DGS encourages its staff to consider voluntary transfers within the appropriate legal and policy requirements. However, specific transfer situations may require additional analysis on a case-by-case basis in collaboration with the Classification and Pay (C&P) Analyst.
|TYPE OF TRANSFER||RULE|
|Office Assistant/Office Technician to Program Technician (PT)/PT II||If an appointment was a permanent list appointment to Office Technician (OT), then the employee can transfer to Program Technician II as both of these classifications are at the senior level.|
|SSM II Supervisory to SSM II Managerial||Transfer between the SSM II Supervisory and SSM II Managerial classifications is allowed since the examination content for both classifications are identical.|
|Transfer from journey level classification in one series to supervisory classification in another series||Pursuant to the State Personnel Board (SPB), transfer from a journey level classification in one series to a supervisory classification in another series would be considered a promotion regardless of salary conditions. However, if an employee received a Staff Information Systems Analyst (Supervisory) vs. Specialist, these classifications are still considered to be the same level (same minimum qualifications, same level on the classification specification; only one is a super advanced specialist vs. first-line supervisor). If someone transferred into the specialist classification, you need to analyze if the supervisory classification would be beyond their transfer of eligibility (salary) and if there is a promotional relationship based on the employee’s highest permanent appointment (A01). Therefore, DGS must look at how the two levels were established. If they were established as equivalent, then they continue to be equivalent even though the supervisor classification may make five percent or more.|
|Transfer/appointment to accounting/auditing classifications||DGS Office of Human Resources (OHR) is currently in discussions with the SPB regarding a draft policy issued in June 1989, which prohibited the transfer/appointment to certain accounting/auditing classifications unless the employee had taken and passed a written examination. As stated earlier and with SPB’s reiteration, DGS has the discretion to set departmental policy to impose a “transfer restriction as long as the restriction ties back to the minimum qualifications of the “to” classification. Therefore, DGS can require an employee to meet certain restrictions prior to transferring to the classification, such as meet the minimum educational requirements, pass a written test, etc.|
Laws and Regulations
- CalHR Rule 599.714
- Government Code section 18804, 19253.5, 19786, 19841
- SPB Rule 438-444, 548.95-.96
Other Resource Materials
Responsible Control Agencies
- Department of Human Resources
- State Personnel Board
Department of General Services
Office of Human Resources
West Sacramento, CA 95605
Contact your assigned Classification & Pay Analyst.