Legend: [New policy language] |
#Removed policy language# | Existing policy
Transfer of Contractual Personnel
Transfers of contractual personnel will be governed by the following procedure:
Transfer At Employee Request
- Request submission. An employee desiring to transfer to another college within the College District should indicate such desire in writing to the college president to which he or she wishes to transfer, with a copy to the employee's immediate supervisor. Such submission will be completed prior to the announced deadline for application.
- Approval guidelines. Although the College District is committed to the concept that qualified personnel may be transferred and/or promoted from within, such requests are not automatically approved. In considering requests for transfer, the following guidelines will generally apply:
- Requests will not be approved unless both college presidents approve the transfer.
- It will be understood by the employee that while any requests for transfer will be considered, the applicant for transfer may be competing with other applicants, many of whom may not be presently employed by the College District.
- In evaluating requests for transfer, individual interests will be considered; however, in determining whether a transfer is affected, the primary consideration will be the interests and goals of the College District.
Transfer of Faculty for College District Necessity
The section on transfers at employee request (above) does not apply to transfers for potential overstaffing, and the definitions below on overstaffing apply to faculty only, including counseling and LRC faculty. A college may, at its option, use the definition of potential overstaffing as defined herein.
In this regulation concerning transfers, the following definitions apply:
- Potential overstaffing as it applies to faculty generally at a college means a discipline in which less than 35 percent of total contact hours are taught by faculty members under part-time or extra-service contracts for two consecutive semesters.
- Potential overstaffing as it applies to counseling faculty at a college means a percentage decrease in total student headcount has occurred that equals or exceeds the average percentage that one counselor represents in relation to the full-time counseling faculty during the 1979 through 1981 academic years.
- Potential overstaffing as it applies to LRC faculty at a college means a percentage decrease in total student headcount has occurred that equals or exceeds the average percentage that one LRC faculty member represents in relation to the full-time LRC faculty staff during the 1979 through 1981 academic year.
The College District will use the following transfer procedures to identify and resolve potential overstaffing of faculty:
- The Chancellor's staff will confer no later than mid-spring semester each year to identify and exchange information concerning areas where potential overstaffing exists.
- All faculty members in a college and a discipline where potential overstaffing exists are invited to interview if a position in the discipline becomes vacant at another college in the College District. If a faculty member volunteers who meets the general and specific requirements of a vacant position, the person will be transferred to fill the vacancy.
- If no one volunteers, or if the skills of a volunteer do not meet the needs of a college, the position will be announced throughout the College District. It is assumed that all faculty members are qualified; however, a determination that the skills of a volunteer fail to meet the needs of a college is appropriate if based upon special requirements that are approved by the Chancellor.
- When a position is advertised throughout the College District, the two faculty members with the least College District seniority from the campus with the potential overstaffing will be interviewed together with any volunteers from other colleges. If more than two have equal seniority, all will be interviewed.
- If at least one person exists in the pool of interviewers who meets the general and special requirements of the position, the person who best meets the requirements will be transferred to fill the position. If none of the applicants from the colleges meet the requirements, the position will be advertised and filled from outside the College District.
- If a position is filled by a volunteer from a college where a potential overstaffing does not exist, it is assumed that a vacancy exists in the transferring college. The vacancy will then be filled by following the procedures outlined above unless a decision not to fill the position is approved by the Chancellor.
- The college presidents, appropriate vice presidents, and division chairs/directors of the transferring and receiving colleges will work as a team to ensure that these guidelines are followed. All parties will make every effort to minimize the stress and rumors that may accompany faculty transfer and will handle transfers as expeditiously as possible.
Transfer Of Administrators For College District Necessity
Administrative personnel may be assigned, reassigned, or transferred to any college or College District location during their contractual term with the College District. Such reassignment or transfer may involve other or additional duties for which an administrator is qualified to perform.
The transfer regulations below do not apply to professional support staff positions that are wholly or partially funded by grants. The College District will provide notice to a grant-funded employee as soon as practicable if funding is terminated. Lack of funding may require immediate termination.
Transfer Of Professional Support Staff
Transfers of full-time professional support staff are governed by the following procedures:
- No employee may be involuntarily transferred to another college except as provided in this section. This prohibition does not preclude an employee from applying for another position at any location in the College District and being selected for the position. The College District human resources office will notify persons of vacancies in accordance with DC(REGULATION) of this manual.
Transfer for College District Necessity
- For various reasons, the College District may need to adjust the number of professional support staff members at the colleges by transfer of the personnel from one college to another. These transfer guidelines provide an orderly and fair process for transferring employees from one location to another if positions are available. The guidelines do not create any property right in employment. It is the responsibility of an employee who is transferred or terminated under this procedure and who desires to return to a particular location to keep informed of vacancies at the location.
To accomplish this purpose, the following guidelines will be followed:
- At any time, a college president may identify positions that may be eliminated at the College District.
- After such identification, the appropriate vice chancellor, human resources officer, and any other persons deemed necessary will confer with the college president to determine whether elimination of the identified position is necessary.
- A position that is not occupied may be eliminated. If elimination of a position that is occupied is necessary, the college president will give written notice to the employee who occupies the position within a reasonable time after such identification. The notice will state that:
- The position will be eliminated and reasons therefore;
- The employee is eligible to transfer to a position for which the employee is qualified at another college within 90 days of this notice if a vacancy occurs; and
- The employee's salary will not be reduced if transferred under this procedure if the position to which the employee is transferred is the same pay grade as the employee's current pay grade or one pay grade less. Notwithstanding the above, an employee may voluntarily accept a pay grade that is more than one pay grade less than the employee's current pay grade if the employee will accept an appropriate reduction in salary.
- When a college president eliminates a particular position, all employees who occupy the identical position within the immediate work group at that college will be invited to interview if a position for which the employees are qualified becomes vacant at another college. If an employee who meets the requirements of a vacant position volunteers for a transfer, the College District will transfer the employee.
- If no one volunteers, or if a volunteer does not meet the requirements of a vacant position, the two employees who have the least seniority with the College District will be interviewed for the position. If more than two have equal seniority, all will be interviewed.
- An employee who best meets the requirements of a vacant position will be transferred to fill the vacancy. If a college president determines that none of the employees meet the requirements, the college president will provide justification for such determination to the appropriate vice chancellor and the college president who is eliminating a position. If such justification is accepted, a vacancy will be advertised and filled as provided in DC(REGULATION) of this manual.
- This transfer procedure applies to the College District office as follows:
- A vacancy that occurs at the College District office may be filled by transfer from a college. Likewise, a vacancy at a college may be filled from the College District office.
- The appropriate vice chancellor at a College District office location will function in the same manner as a college president and the Chancellor will function in the same manner as the appropriate vice chancellor under this procedure.
- All other provisions of this transfer procedure apply to the College District office.
- In this section, seniority means continuous full-time employment with the College District.
An employee whose position is eliminated and who is not transferred to another position under this procedure will be terminated from the eliminated position after expiration of the 90-day notice period referred to above.
Positions that are eliminated under this procedure will not be reinstated without written justification and approval of the Chancellor and all vice chancellors.
The College District director of human resources will keep the Chancellor and all vice chancellors apprised of transfer patterns within the total College District and will coordinate all transfers, with the assistance of each college vice president of business. The vice chancellor of planning and development will coordinate affirmative action commitments and obligations.
The employment of former employees who apply for a new position in the College District within three months of their previous termination must be approved by the College District human resources office prior to their employment.
The provision entitled TRANSFER OF PROFESSIONAL SUP-PORT STAFF, above, is not applicable to the College Districtwide reorganization of Financial Aid during 2011.
[Additionally, the following provisions of this regulation, along with any related provisions or any provisions contained thereunder, being inconsistent with the organization’s transition from seven (7) separately-accredited colleges to one college, shall be, and hereby are, inapplicable to the resulting College Districtwide reorganization in 2020: TRANSFER OF CONTRACTUAL PERSONNEL; TRANSFER OF FACULTY FOR COLLEGE DISTRICT NECESSITY; OVERSTAFFING; TRANSFER OF ADMINISTRATORS FOR COLLEGE DISTRICT NECESSITY; TRANSFER OF PROFESSIONAL SUPPORT STAFF; TERMINATION; ELIMINATED POSITION; COORDINATION; AND REEMPLOYMENT.]
Telecommuting is a viable, alternative work arrangement primarily to meet the needs of the College District and its colleges, to use the workforce more efficiently, and to increase productivity. Telecommuting permits an employee to work at home for all or part of the employee's workweek. It is a work alternative that is appropriate for only some employees and positions and requires supervisory approval and a written agreement. The College District may discontinue, limit, reduce, or change the telecommuting program at any time.
This regulation does not apply to faculty. An employee does not have a right to telecommute. As determined at the location, essential personnel are not eligible for telecommuting. A telecommuting agreement does not change the nature of the employment relationship or the terms and conditions of employment.
Jobs generally suitable for telecommuting may include the following elements: analysis and writing, policy development, research, report writing, computer-oriented tasks such as programming, data entry, and web development. Jobs not generally suitable for telecommuting involve tasks that are difficult to perform away from an office and require employees to personally and regularly interact with a supervisor, students, other employees, or the public. At their sole discretion, a supervisor and chief executive officer at the location will determine whether a job is suitable for telecommuting.
Before telecommuting is implemented at any location, the chief executive officer at the location must give primary consideration to the needs at the location for telecommuting, utilization of the workforce, productivity, and security of information.
Telecommuting requires completion of a telecommuting agreement and its approval by an employee's supervisor and chief executive officer at the location.
Prior to approval of this agreement, a supervisor must consult with the supervisor's employee's location human resources office and information technology (IT) to evaluate the following areas:
- Job requirements.
- Employee eligibility.
- Equipment and IT services.
At a minimum, a telecommuting agreement must contain the following elements: work expectations, telecommuting days each week, work schedule, and the manner and frequency of communication. A supervisor may change this agreement upon written notice to the supervisor's employee.
Requirements and Conditions
A full-time or part-time employee is eligible for telecommuting if the employee has been employed by the College District at least 12 continuous months in a traditional, office capacity, has received a successful performance evaluation, has demonstrated good attendance and dependability, has handled responsibility well, has prioritized work effectively, and has utilized good time management skills. However, a chief executive officer at a location may waive the 12-month requirement to hire a new employee if the chief executive officer determines that the other criteria above have been met by the employee at a previous job. Although an employee may be eligible for telecommuting, the employee's job may not be suitable for telecommuting or may not meet the primary considerations as expressed in Board policy, as determined by the supervisor and chief executive officer of the location.
An employee or an employee's supervisor may discontinue the telecommuting agreement at any time for any reason. Generally, the party who cancels this agreement must give a 30-day notice to the other party unless circumstances warrant a shorter or longer notice period as determined by the supervisor. The following are requirements and responsibilities of an employee who is telecommuting:
- Complete all assigned work in a timely manner.
- Participate in all meetings, trainings, and other events as determined by the supervisor. (Examples may include, but are not limited to location-wide meetings, division or department meetings, staff meetings, and training sessions).
- Comply with all College District policies and regulations while using a home-based worksite.
- Maintain a safe and proper worksite without interference from dependents or others in the home.
- Record hours worked in excess of 40 hours per week if an employee is nonexempt under the Fair Labor Standards Act (FLSA). Advance written approval of overtime is required. (Failure to comply with this requirement may result in disciplinary action, up to and including termination, immediate cancellation of a telecommuting agreement, or both).
During the initial period of telecommuting by an employee (a maximum of 90 days), a supervisor will have frequent interaction by telephone, e-mail, or other communication devices with the employee as well as a weekly face-to-face meeting to discuss performance, progress, and issues arising from telecommuting unless the supervisor determines less frequent meetings are necessary. An employee must be accessible through various forms of communication during agreed upon working hours. A supervisor may visit a home-based work site upon two hours' prior written notice to an employee. This notice must be during normal working hours.
An employee may use only copies of College District documents, records, or other documentation at a home-based work site. Original records must always remain at College District locations. In addition, an employee who is telecommuting must preserve and protect all College District data and College District equipment at a home-based work site, and follow all College District security procedures.
When a telecommuting agreement is entered into by an employee, the employee's former office, workspace, parking space, and other similar areas may be assigned to other employees. When a telecommuting agreement ends, an employee may be assigned other space.
The College District will not pay any operating costs that are associated with use of a personal residence as a home-based telecommuting site, including, but not limited to insurance, utilities, and home maintenance.
Parking stipends may be adjusted based upon an employee's work schedule.
Equipment and Service
As indicated in this regulation, a location supervisor in consultation with location IT personnel will determine the equipment and services that are needed for an employee to telecommute, including, but not limited to hardware, software, modem, telephone, data line, facsimile equipment, and printer. The location IT personnel will maintain the equipment. Any employee-owned equipment is the sole responsibility of the employee. A supervisor or IT personnel may change equipment at a home-based site at any time. An employee may use College District equipment for business purposes subject to the College District's Computer Use policy and regulations regarding incidental personal use.
An employee who is telecommuting must sign an inventory list that reflects all College District equipment or other property used in telecommuting and must agree to take appropriate action to protect College District property from damage or theft.
In addition to employees who regularly telecommute, the College District may provide equipment to an employee who is telecommuting for the purpose of completing a special project or for occasional use. This type of ad hoc telecommuting arrangement is subject to the requirements of a telecommuting agreement. This regulation does not apply if an employee works at home with supervisory approval and:
- An emergency arises; or
- IT support is regularly required after hours.
(If, however, an emergency arises that requires an employee to work at home temporarily with supervisory approval, this circumstance does not require a telecommuting agreement.)
All employees who are telecommuting must strictly comply with the College District's policy, regulations, and other procedures regarding information security.
In addition, an employee must receive written supervisory permission to download and/or store confidential information. When confidential information is no longer needed by an employee, the employee must erase, upload, or destroy this information.
An employee who telecommutes must establish an appropriate environment within his or her home for work purposes. The College District is not responsible for costs associated with the initial setup of a home-based work site such as remodeling, furniture, lighting, repairs, or modifications of the site or similar costs.
During agreed upon work hours, an employee who is telecommuting is covered by workers' compensation at the home-based work site. If an injury occurs at this site during work hours, an employee must contact the employee's supervisor before seeking medical attention unless it is an emergency. An employee must also contact the location human resources office as soon as possible and complete appropriate forms regarding the injury. The College District is not responsible for third-party injuries or property damage at a home-based site.
The College District will supply an employee who is telecommuting with appropriate office supplies for exclusive use in completion of job responsibilities. The College District will reimburse an employee for reasonable business-related expenses incurred as a result of job responsibilities and in accordance with College District reimbursement regulations, for example phone calls and shipping costs.
The use of an employee's home may have federal income tax implications, which are the employee's responsibility.