Notice of Proposed Rule

DEPARTMENT OF MANAGEMENT SERVICES
Personnel Management System
RULE NO: RULE TITLE
60L-32.007: Selected Exempt Service Extraordinary Payment Plan
PURPOSE AND EFFECT: Creates a new rule establishing the criteria to allow excluded Selected Exempt Service employees to be eligible to receive extraordinary pay.
SUMMARY: The rule allows excluded Selected Exempt Service employees to be eligible to receive extraordinary compensation; sets forth the eligibility requirements and procedures for such payments; allows the agency/department head the discretion to create and activate an agency-wide extraordinary payment plan.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 110.1055, 110.201(1), 110.602, 110.605(1), (2) FS.
LAW IMPLEMENTED: 110.201, 110.603 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: December 10, 2008, 10:00 a.m.
PLACE: Department of Management Services, 4050 Esplanade Way, Room 101, Tallahassee, FL 32399-0950
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Mr. Phil Spooner, phil.spooner@dms.myflorida.com. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mr. Phil Spooner, Workforce Design and Compensation Manager, 4050 Esplanade Way, Suite 235, Tallahassee, FL 32399-0950

THE FULL TEXT OF THE PROPOSED RULE IS:

60L-32.007 Selected Exempt Service Extraordinary Payment Plan.

Notwithstanding the provisions of subsection 60L-34.0031(3), F.A.C., an agency/department may propose, for Department approval, an agency-wide plan to compensate excluded Selected Exempt Service employees who are directed to work hours in excess of the contracted hours in the regular work period due to extraordinary circumstances or critical agency/department need subject to the following:

(1) The plan must be activated in writing by the agency/department head or designee and must document the critical agency/department need, or extraordinary circumstances which include danger or potential danger to life, physical or mental health of employees, clients, the public or other recipients of services provided by the agency which justify activation.

(2) Plan activation shall be contingent upon the availability of budget and revenue to fund the payments and shall include a beginning and ending date.

(3) Payment shall be made at the employee’s straight time hourly regular rate of pay on an hour-for-hour basis for any hours worked in excess of the contracted hours during the regular work period.

(4) A record must be maintained of all hours worked and payments made in connection with each plan activation.

Specific Authority 110.1055, 110.201(1), 110.602, 110.605(1), (2) FS.  Law Implemented 110.201, 110.603 FS. History–New_________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Ms. Sharon D. Larson, Director of Human Resource Management, Department of Management Services
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Ms. Linda H. South, Secretary of Management Services
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 18, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 26, 2008