Section 1120-02-.12 - EMPLOYEE TRANSFER, LATERAL RECLASSIFICATION, INVOLUNTARY DEMOTION, AND VOLUNTARY DEMOTION(1) Transfer. A transfer is authorized in accordance with the following: (a) An Appointing Authority may transfer an employee from one position to another position in the same classification or rank in the same agency.(b) An employee may be transferred from a position in one agency to a position in the same classification in another agency with the approval of both appointing authorities and the Commissioner.(2) Lateral Reclassification. A lateral reclassification is authorized in accordance with the following: (a) An Appointing Authority may laterally reclassify any employee who meets the minimum qualifications from one position to another position in another classification in the same agency with the approval of the Commissioner.(b) A qualified employee may be laterally reclassified from a position in one agency to a position in another classification in another agency with the approval of both appointing authorities and the Commissioner.(3) Involuntary Demotion. With the approval of the Commissioner, an agency may involuntarily demote an employee who has failed to render satisfactory service in the current position held but is considered worthy of employment. The agency shall notify the employee in writing of the effective date of the involuntary demotion and the appeal process, if applicable. The change of an employee from a position in one classification to a position in another classification is not considered an involuntary demotion if the change is the result of: (a) The employee's request, with the concurrence of the department or agency;(b) A change in the organizational structure of the government entity;(c) Because of the abolishment of a position;(d) A reduction in force;(e) Organizational necessity; or(f) Compliance with T.C.A. § 8-30-205.(4) Voluntary Demotion. A voluntary demotion occurs when an employee requests assignment to a lower classification and the Appointing Authority concurs. A voluntary demotion may require a salary reduction and the completion of an initial or subsequent probationary period, not to exceed twelve (12) months. A voluntary demotion cannot be appealed.Tenn. Comp. R. & Regs. 1120-02-.12
(For history prior to January 2, 1988, see pages 1-2 of the Introduction at the beginning of the chapters.) Repeal and new rule filed November 18, 1987; effective January 2, 1988. Repeal and new rule filed December 14, 2010; effective May 31, 2011. Repeal and new rule filed July 5, 2012; effective October 3, 2012. Rule was previously numbered 1120-02-.14 but was renumbered 1120-02-.12 with the deletion of original rules 1120-02-.04 and 1120-02-.09 filed January 18, 2023; effective 4/18/2023. Amendments filed January 18, 2023; effective 4/18/2023.Authority: T.C.A. §§ 8-30-104, 8-30-105, 8-30-312, and 8-30-313.