Massachusetts § 35 - Transfers

§ 35. Transfers

Section 35. Subject to the provisions of section forty-one governing the transfer of persons who have served as tenured employees since prior to October fourteen, nineteen hundred and sixty-eight, a tenured employee may be transferred to a similar position in the same or in another departmental unit after request in writing for approval of such transfer made to the administrator by the appointing authority or authorities for such unit or units and with the approval of the administrator, provided such request includes reasons which, in the opinion of the administrator, are sound and sufficient to show that the transfer will be for the public good and will not impose unreasonable hardship on such employee. A position shall not be considered similar if it has a title higher than that of the position from which the transfer is to be made or if the requirements for appointment to such positions are substantially different.

Such transfer may be permanent or temporary, as the appointing authority or authorities shall determine, with the consent of the administrator, and, if temporary, shall be for such period of time as the appointing authority or authorities shall determine, with the consent of the administrator. A temporary transfer shall not affect the date from which length of service is computed for purposes of determining the seniority of the person transferred; nor shall such transfer be deemed to interrupt the period of service in the position from which such person is transferred where such period of service is required for eligibility for any promotion under the civil service law and rules.

Without the consent of the administrator but otherwise subject to the requirements of the two preceding paragraphs, a transfer from a civil service position within a department, as defined by section one of chapter twenty-nine, within any of the executive offices established by chapters six A and seven, to another similar position within the same department may be made with the written consent of the secretary having charge of such executive office upon submission of notice of such transfer to the administrator in such form as he shall prescribe, and subject to the provisions of the civil service law and rules; provided, however, that the duration of any temporary transfer, whether to a temporary position or to a permanent position, shall be subject to the approval of the administrator. If at any time the administrator shall determine that any transfer so consented to by such secretary has been made in violation of any such provision, the administrator shall terminate such transfer.

A person who is aggrieved by a transfer, other than an emergency transfer or assignment, made pursuant to this section but who is not subject to the provisions of section forty-one with respect to such transfer, may appeal to the commission pursuant to the provisions of section forty-three and shall be entitled to a hearing and a decision by the commission in the same manner as if such appeal were taken from a decision of the appointing authority made, after hearing, under the provisions of section forty-one.

An appointing authority for a departmental unit may make an emergency transfer or emergency assignment of any employee where the public safety or health would be seriously impaired by delay in the performance of essential duties.

Any permanent employee in a departmental unit may apply in writing to his appointing authority for transfer to a similar position within such unit, or may apply in writing to the appointing authorities for such unit and for any other departmental unit for transfer to a similar position in such other departmental unit. With the written consent of such appointing authority or authorities, as the case may be, and with the written consent of the administrator, such person may be so transferred.