FLORIDA GOVERNMENT E-XPO 2001 SERVICE FIRST Proposed Personnel Rules Department of Management Services 1
PROPOSED RULE DEVELOPMENT May 14, 2001 SB 466 signed into law as Chapter law 2001-43. Section 42 repeals all rules relating to Chapter 110 on January 1, 2002 and authorizes the Department of Management Services to readopt rules necessary to implement Chapter 110. 2
PROPOSED RULE PROCESS Seven months of rule process Steering committee and work groups established Career Service Advisory Group Significant private sector consultation Weekly Personnel Officer meetings E-mail address at Servicefirst@dms.state.fl.us 20+ hours of publicly noticed workshops Each revision posted online to MyFlorida.com Noticed in the Florida Administrative Weekly 3
PRIVATE SECTOR EXPERTISE Associated Industries of Florida Council of 100 Florida Chamber of Commerce Florida TaxWatch AAA Blue Cross/Blue Shield The Bonita Bay Group Centex Rooney Discount Auto Parts Disney Florida Hospital Waterman Ford Motor Company Franklin Covey Home Depot HR Logic Publix Super Markets RJW Consulting Rinker Materials Corporation Robins Shepard Schenck Company Spherion Corporation Southwest Airlines SunTrust Tropicana Products, Inc. UniRoyal Technology Corporation Wal-Mart Watkins Motor Lines, Inc. W.S Badcock Corporation W.W Gay Mechanical Contractors 4
SIGNIFICANT PROPOSED RULE CHANGES Delegates to agencies more authority to manage workforce effectively Rules designed to compliment not repeat Statutory language or Federal Guidelines such as FLSA Vastly streamlined and simplified Current Rules 44 chapters scattered over 4 sections Proposed Rules 11 chapters in single section (60L-FAC) 5
CURRENT 60K RULES Classification Plan Pay Plan Recruitment and Selection Appointments, Status, Transfers and Separations Attendance and Leave Disability Leave with Pay Educational Leave with Pay Review and Performance Planning Disciplinary Actions, Grievances and Appeals Personnel Programs, Records and Reports Procedures for Bringing Positions under the Career Service Political Activities, Unlawful Acts and Penalties Definitions Employer Relationships with Regulated Entities Workforce Reduction 6
CURRENT 60L RULES Uniforms, Clothing, Laundry Services and Footwear Approval of Perquisites for State Officers and Employees Sale of Goods and Services to State Officers and Employees Overlap in Positions Salary Underpayments and Overpayments Payment of Employee s Moving Expenses Designation of Special Risk Classes Sick Leave Pools for State Employees Tuition Free University Courses Other Personal Services Employment State Training Program Lump-Sum Bonus Payment State Child Care Program Equal Employment Opportunity and Affirmative Action Family Supportive Work Program Florida State Employees Charitable Campaign (FSECC) Dual Employment in Excess of One Full-Time Equivalent Position Volunteers Sexual Harassment 7
CURRENT 60M RULES Selected Exempt Service Selected Exempt Service Employee Relationship with Regulated Entities 8
CURRENT 60N RULES Senior Management Service Senior Management Service Employee Relationship with Regulated Entities 9
PROPOSED RULES 10
DEFINITIONS (60L-29) 11
One rule with necessary definitions instead of many rules with redundant and inconsistent definitions. State Personnel System means the employment system comprised of positions within the Career Service, Selected Exempt Service, or Senior Management Service, and within all agencies except those in the State University System, the Florida Lottery, the Legislature, the Justice Administration System, or the State Courts System 12
PERSONNEL PROGRAMS AND RECORDS (60L-30) 13
No disruption to agency practices Anticipates transition to electronic records and Human Resource Outsourcing 14
COMPENSATION AND BENEFITS (60L-32) 15
Few substantive changes sunsetting provision until broadbanding plan is implemented mid-2002 Broadbanding is a classification and compensation plan that provides for greater flexibility and pay 16
Establishes general responsibilities of DMS Establishes agency responsibility for maintaining position descriptions Establishes authority for classifying established positions 17
COMPENSATION AND BENEFITS (60L-32) 18
Sunsetting provision until broadbanding is implemented Increases agencies ability to retain and attract talented employees -- no more micromanaging of salary Provides authority to set the base rate of pay upon appointment anywhere within salary range 19
Provides for increases to base rate of pay within pay range based on justified documentation Provides for temporary salary additives Defines reduction in pay Instructs computation of hourly rate 20
Establishes agency responsibilities for dual employment and compensation Establishes approval process for perquisites and the sale and goods of services Establishes benefits including adoption. Establishes pay provisions for OPS employees 21
APPOINTMENTS AND STATUS (60L-33) 22
Defers entirely to statute on recruitment and selection of employees, which streamlines the hiring process Establishes the types of appointments Establishes that a person appointed must meet the minimum qualifications or equivalent Establishes that employees not permanent in the Career Service serve at the pleasure of the agency head 23
Implements legislative changes eliminating class-based probation and requiring new employees to serve probation new to an agency or to an occupational level Provides for reinstatement appointments Provides for shared employment Provides for veterans preference in appointment Establishes criteria for using executive search firms 24
Implements changes to the workforce reduction process Establishes guidelines for the use of volunteers Implements the provisions of Equal Employment Opportunity and Affirmative Action statutes 25
ATTENDANCE AND LEAVE (60L-34) 26
Establishes general agency responsibilities for monitoring time worked and leave usage Authorizes agencies to establish work schedules Requires agencies to comply with Fair Labor Standards Act for overtime regulations Establishes compensation for holidays 27
Outlines general requirements for earning, approval and use of leave Establishes required recordkeeping (Positive time reporting is not mandated beyond FLSA) Establishes amount of annual leave earned and terminal payment. (24 hour yearly pay-out of annual leave with 240 hour lifetime cap) Establishes amount of sick leave earned and guidelines for use of sick leave, sick leave pools and transfer plans. (No longer accepting accrued sick leave from cities or counties) 28
Provides for earned regular compensatory leave and payment. (Requires compensatory time to transfer from CS to SES) Provides for earned special compensatory leave and payment. (Requires compensatory time to transfer from CS to SES) Establishes the Family Supportive Work Program Establishes criteria for Leave of Absences without pay 29
Establishes guidelines for use of disability leave Establishes guidelines for the use of military leave Establishes guidelines for the use of administrative leave Establishes the Educational Leave with Pay Program 30
DRAFT CAREER PATHING (60L-35) 31
Establishes career pathing system --- career assessments, performance appraisals and career development Requires semi-annual review using uniform scale Links performance to bonuses 32
CONDUCT OF EMPLOYEES (60L-36) 33
Establishes guidelines and procedures for political activities Establishes guidelines for agencies to monitor relationships with regulated entities Designates agency responsibilities in developing and implementing procedures for sexual harassment 34
Implements statewide disciplinary standards justifying dismissal Delegates to agencies primary authority and responsibility for applying standards Defers to statute on grievance procedures 35
SAVINGS/SHARING PROGRAM (60L-37) 36
Implements new program rewarding employees for saving state money Replaces guidelines on state awards program 37
STATE CHILD CARE PROGRAM (60L-38) 38
Implements the State Child Care Program Establishes the criteria for Child Care Centers and the procedures for requesting child care services Outlines the responsibilities of the service providers 39
CHARITABLE CAMPAIGN (60L-39) 40
Implements the Florida State Employees Charitable Campaign Establishes the application procedures for organizations to participate Outlines for duties and responsibilities of the Fiscal Agent Specifies an appeal process for organizations determined ineligible 41
CONCLUSIONS The proposed rules further implement the Service First initiative by: Modernizing Florida s personnel system Rewarding performance Providing greater benefit and choice for employees Continuing protection against patronage and discrimination 42
CURRENT DRAFT RULES MAY BE OBTAINED ON OUR WEB SITE WWW.MYFLORIDA.COM CLICK ON QUICK TOPICS PERSONNEL RULES 43
60L-29 DEFINITIONS 60L-30 PERSONNEL PROGRAMS AND RECORDS L-31 CLASSIFICATION L-32 COMPENSATION AND BENEFITS L-33 APPOINTMENTS AND STATUS L-34 ATTENDANCE AND LEAVE L-35 CAREER PATHING Cross-Walk Cross-Walk Cross-Walk Cross- Walk Cross-Walk Cross - Walk Cross - Walk 60K-14, Defintions References from other rules 60K-10, Personnel Programs, Records and Reports 60K-1, Classification Plan, 60-K-11, Procedures for Bringing Positions Under the Career Service System, 60L-13, Other Personnel Services, 60 M-1, Selected Exempt Services 60N-1, Senior Management Service 60K-2, Pay Plan 60L-8, Salary Underpayment and Overpayments, 60L-26, Dual Employment, Dual Employment Guidelines, 60L-1, Uniforms, Clothing, Laundry Services and Footwear, 60L-2, Approval of Perquisites, 60L-3, Sale of Goods and Services, 60L-9, Moving Expenses 60L-25, Adoption, 60 M-1, Selected Exempt Services 60N-1, Senior Management Service 60K-4, Appointments, Status, Transfers and Separations; 60L-7, Overlap in Positions; 60L-13, Other Personal Services; 60L-27, Volunteers 60K-17, Workforce Reduction 60l-21, Equal Employment Opportunity and Affirmative Action 60 M-1, Selected Exempt Services 60N-1, Senior Management Service 60K-5, Attendance and Leave; 60K-6, Disability Leave with Pay; 60K-7, Educational Leave with Pay; 60L-11, Sick Leave Pools for State Employees; 60L-23, Family Supportive Work Program, 60M-1, Selected Exempt Service, 60N-1, Senior Management Services 60K-8, Review and Performance Planning System; 60L-18, Lump-Sum Bonus Payment; 60M-1, Selected Exempt Service; 60N-1, Senior Management Service L-36 CONDUCT OF EMPLOYEES L-37 SAVINGS/ SHARING PROGRAM L-38 STATE CHILD CARE PROGRAM L-39 CHARITABLE CAMPAIGN Cross - Walk 60K-9, Disciplinary Actions, Grievances, and Appeals; 60K-13, Political Activities, Unlawful Acts, and Penalties; 60K-15, Employer Relationships with Regulated Entities; 60L-28, Sexual Harassment 60M-2, SES, Employee Relationship with Regulated Entities; 60N-2, SMS Employee Relationship with Regulated Entitites Cross - Walk Guidelines and Procedures for Meritorious Service Awards Program Cross - Walk 60L-20, State Child Care Program Cross - Walk 60L-24, Florida State Employees' Charitable Campaign (FSECC) NOTE: CURRENTLY THERE ARE: 18 - K RULES 22 - L RULES 4 - M & N RULES 44