8-30-318 - Transfers.
8-30-318. Transfers.
(a) An appointing authority may at any time assign an employee from one position to another position in the same class or rank in the division. Upon making such assignment, the appointing authority shall forthwith give written notice of such action and the reasons for such action to the commissioner. A transfer of an employee from a position in one division to a position in the same class or rank in another division may be made with the approval of the commissioner and of the appointing authorities of both divisions and the appointing authority, or authorities, acting with the approval of the commissioner, shall have authority to make such a transfer for any reason that they may deem to be for the good of the service; provided, that their actions shall not be reviewable by the commission or the courts except as provided by § 8-30-328.
(b) No employee shall be transferred from a position in one class to a position of another class of a higher rank or for which there are substantially dissimilar requirements for appointment, unless the employee is appointed to such latter position after certification of the employee's name from a list in accordance with the provisions of this chapter.
(c) Any change of an employee from a position in one class to a position in a class of a lower rank shall be considered a demotion, except that employees who change from a position in one class to a position in a class of lower rank at their own request, with the concurrence of the department or agency, or because of a change in the organizational structure of the government entity, or the abolishment of a position, or as the result of a reduction in force, or reasons caused by organization necessity or as a result of compliance with § 8-30-212, shall not be considered to be demoted and shall not be required to serve a period of probation.
[Acts 1939, ch. 221, § 24; C. Supp. 1950, § 1034.46 (Williams, § 423.24x); impl. am. Acts 1959, ch. 9, § 4; Acts 1959, ch. 146, § 1; impl. am. Acts 1961, ch. 97, §§ 2, 4; Acts 1979, ch. 262, § 1; T.C.A. (orig. ed.), § 8-3218; Acts 1981, ch. 423, § 1; 1986, ch. 869, § 18.]