Fifth Judicial District - Department of Correctional Services

DISTRICT POLICIES

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TITLE: Lateral Entry And Transfer

POLICY

The 2003-2005 Collective Bargaining Agreement Between State of Iowa and American Federation of State, County, and Municipal Employees, Council 61 AFL-CIO Appendix S, pages 214 through 225, explains eligibility for transfers, transfers within districts, transfers between districts, definition of permanent vacancy, and transfer limitations for bargaining unit covered employees.

PROCEDURE

The following process will be used for internal and external transfers into positions in this District.

  1. Maintaining Transfer Records
    1. Transfer Requests The Personnel Technician shall file all transfer requests, by job classification requested, as they are received.
    2. Record of Hiring for Bargaining Unit Positions The Personnel Technician shall maintain all Personnel Action Forms for each position, with all other hiring records for that position.
  2. Posting of Vacant Positions for Contractual Transfer
    1. Contractual Posting Requirements All hiring for permanent bargaining unit positions must begin with a posting of the position for contractual transfer. At the discretion of the Director, the vacancy may also be posted for promotion/demotion opportunities and for new hires at the same time. To request that vacant positions be posted for transfer hiring, Supervisors shall contact the appropriate Assistant Director or Division Manager. The Assistant Director or Division Manager will notify the Personnel Technician to post the vacant position.
    2. Probation/Parole Officer Postings When filling Probation/Parole Officer II vacancies, individuals who are currently classified as Probation Officers II must be given the first opportunity for the position.
    3. Preparation of Job Posting The posting of the job opening will be prepared by the Personnel Technician and will contain the following information:
      1. Organizational Unit of the Agency
      2. Work unit
      3. Shift
      4. Days off
      5. Dates of posting period.
      6. Any special requirements for performing the job functions.
    4. Approval of Job Posting The posting shall be approved by the appropriate Assistant Director and Director prior to distribution.
    5. Distribution of Posting A copy of the posting shall be sent to Supervisors and Managers in all units.
    6. Locations for Posting The announcement of the job opening shall be posted in all geographic office locations of the district.
    7. Posting Period The posting period shall be for five (5) working days per Collective Bargaining Agreement.
    8. Responsibility for Posting The Supervisor or Manager in each unit shall post and remove all postings that are sent to that unit, in accordance with the dates included in the announcement.
  3. Determining Transfer Eligibility
    1. Listing of Individuals Eligible After the closing of the posting period, the Personnel Technician shall review all of the requests for transfers that were previously on file.
    2. Denying Transfer Requests Prior to offering a position to any individual who has requested transfer, the hiring supervisor must first determine that no conditions exist which would warrant denial of the transfer request. Transfer requests may be denied if any of the following conditions exist.
      1. The individual does not possess the ability to perform the duties as assigned and/or does not meet any special qualifications or selective certification requirements. Conditions that must be met are as follows:
        1. The individual must possess or be able to obtain a valid Driver's license.
        2. The individual must be able to be insured under the Department's auto insurance coverage.
        3. No disciplinary action has been taken against the employee within the last twelve (12) months.
      2. The transfer would substantially impair the Department's ability to maintain operational efficiency. (Note: The Department is not obligated to re-train employees in order to qualify them for transfers.)
      3. Granting the transfer would result in more than four transfers being granted because of any given original vacancy.
      4. The employee does not have permanent status in his or her current classification. Transfer requests may be denied only after obtaining approval from the appropriate Assistant Director. In the event that an individual's transfer request is to be denied, the Personnel Technician shall inform the individual in writing before offering the position to any individual with less seniority.
    3. Transfer Limitations Employees may not transfer under these provisions more often that once every six (6) months, unless reassigned by the Department within the six (6) month period.
  4. Filling the Position
    1. Step A: Transfer Within Districts
      1. The employee must have filed a transfer request for the position by the end of the posting period to be eligible for the transfer at this step.
      2. The employee must be in the same classification (see Collective Bargaining Agreement, Appendix A, Pay Grades and Classification for Community Corrections) as the vacant position to be eligible for the transfer at this step.
      3. The Personnel Technician shall first offer the position to the most senior eligible employee who has requested transfer. The Personnel Technician shall confirm the offer in writing, requesting a written response accepting or refusing the offered position.
      4. If the employee refuses the offered position, the Personnel Technician shall then offer the position to next most senior employees eligible at this step.
      5. The Personnel Technician shall confirm the offer in writing, requesting a written response accepting or refusing the offered position. The employee offered the position at this step, whether accepting or refusing the transfer, must submit a written response to the Personnel Technician.
      6. If no employee accepts the position at this step, or there are no more eligible employees, the Personnel Technician shall proceed to the next applicable step.
    2. Step B: Recall
      1. In the event that a recall of an individual who has been laid off, or who bumped in lieu of layoff, is to be considered under this step, the Personnel Technician will note this. After determining that the individual is qualified for the position, the Personnel Technician shall coordinate either of these steps.
      2. Employees who have been offered the position at this step, but refuse the transfer must submit a written statement to the Personnel Technician.
      3. If the position is not filled at this step, the Personnel Technician shall proceed to step C.
    3. Step C: Transfer Between Districts
      1. An employee of another Judicial District Department of Correctional Services must have filed a transfer request for the position prior to the announcement of vacancy being posted to be eligible for transfer at this step.
      2. An employee of another Judicial District Department of Correctional Services must be in the same classification as the vacant position to be eligible for transfer at this step. (Interchangeable classifications are not applicable.)
      3. The hiring supervisor shall first consider the most senior eligible applicant who has requested transfer.
      4. The Personnel Technician shall complete a reference check on the applicant and may require a personal interview between the applicant and the hiring supervisor. Prior to offering the position, the hiring supervisor shall consult with the Assistant Director or Division Manager for final approval. The Personnel Technician shall confirm the offer in writing, requesting a written acceptance or refusal of the offered position.
      5. If the most senior applicant refuses the offered the position, the hiring supervisor shall consider the next most senior applicant eligible at this step.
      6. Applicants offered the position at this step must submit a written acceptance or refusal to the Personnel Technician.
      7. If it is determined that granting the transfer could substantially impair the Department's ability to maintain operational efficiency, the Assistant Director or Division Manager shall consult with the Director to determine whether the transfer request should be denied.
      8. If there are no more eligible applicants at this step, or if the hiring supervisor wishes to consider additional applicants prior to making a hiring decision, the hiring supervisor shall proceed to Step D.
    4. Step D: Reallocation
      1. In the event that a reallocation (reassignment) of an existing position is to first be considered under this step, the Personnel Technician will indicate this on his/her records. The hiring supervisor shall contact the Assistant Director or Division Manager to coordinate either of these steps.
      2. In the event that reallocation is not to be considered, the hiring supervisor shall proceed to Step E.
    5. Step E: Part-Time to Full Time or Full-Time to Part-Time Within District
      1. The employee must have filed a transfer request for the position by the end of the posting period to be eligible for transfer at this step.
      2. The employee must be in the same classification (see Collective Bargaining Agreement, Appendix B2, page 132 and 133) and same employing district (Appendix B, page 131) as the vacant position to be eligible for transfer at this step.
      3. The Personnel Technician shall first offer the position to the most senior eligible employee who has requested transfer.
      4. If the employee refuses the position, the Personnel Technician shall then offer the position to the next most senior employee eligible at this step.
      5. An employee offered the position at this step, must submit a written statement to the Personnel Technician either accepting or refusing the offered position.
      6. If no employee accepts the position at this step, or there are no more eligible employees, the hiring supervisor shall proceed to Step F.
    6. Step F: Promotion, Demotion and New Hires NOTE: The Collective Bargaining Agreement provides no contractual right to promotion or demotion, either within a District, or between Districts.
      1. If the non-contractual announcement of position was not made previously, the hiring supervisor shall contact the Personnel Technician to arrange for the announcement.
      2. Current Departmental employees and employees from other Districts who did not have transfer rights to the vacant position may apply for the position and be considered among the applicants at this stage.
      3. Interviews of selected applicants and reference checks shall be conducted according to the Department's hiring procedures for all positions.
      4. The hiring supervisor may hire from the applicants interviewed at this step or from individuals considered under Step C of the hiring process
  5. Completing the Hiring
    1. Starting Date If the selected individual is currently employed in the Fifth District, the hiring supervisor shall contact the employee's current supervisor to arrange a mutually agreeable date for the employee's transfer.
    2. Employment Records The hiring supervisor is responsible for arranging an orientation date with the Personnel Technician for completing all paperwork necessary to effect the employee's transfer or hire.
    3. Notifying other Districts of Transfer Declinations The Personnel Technician shall review all transfer applicants for the particular position and send notices to their District Departments of applicants who declined transfer opportunities.
    4. Notifying other Applicants of Decision The Personnel Technician will notify, in writing, all persons who were interviewed but not hired, of the final hiring decision.
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