The purpose and effect of the proposed rule is to implement Section 945.0311(2), Florida Statutes, by creating a rule that outlines how the Department handles the employment of persons who are related.

 

DEPARTMENT OF CORRECTIONS

RULE NO.: RULE TITLE:
33-208.004: Employment of Relatives
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to implement Section 945.0311(2), Florida Statutes, by creating a rule that outlines how the Department handles the employment of persons who are related.
SUBJECT AREA TO BE ADDRESSED: Employment of Relatives.
RULEMAKING AUTHORITY: 945.0311 FS.
LAW IMPLEMENTED: 112.3135, 945.0311 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: LaDawna Fleckenstein, 501 S. Calhoun Street, Tallahassee, Florida 32399.

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

33-208.004 Employment of Relatives.

(1) Definitions.

(a) Employee-Any individual on the payroll of the Department of Corrections.

(b) Hiring Authority-The Secretary, Deputy Secretary, Chief of Staff, General Counsel, Inspector General, Assistant Secretaries, Deputy Assistant Secretaries, Directors, Regional Directors, Bureau Chiefs, Wardens, Circuit Administrators, or his designee(s).

(c) Line of Authority-The direct chain of command or supervisory path that organizationally links positions within the Department. This includes the supervisory-subordinate relationship in which one employee has the authority by law, rule, regulation or delegation to appoint, employ, promote or advance, discharge, assign, reward, rate, or discipline another employee or to effectively recommend such actions; or one employee is under the line authority of another employee through intervening level(s) of direct supervision.

(d) Relative-An individual who is related to an employee as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister. 

(e) Organizational Unit- An organizational unit includes:

1. A unit of a state correctional institution such as security, health services, classification, maintenance, food service, etc. A work camp or other annex of a state correctional institution is considered part of the institution and not a separate unit. 

2. An area of a regional office such as personnel, medical, administrative services, probation and parole, or community facilities.

3. A correctional work center, road prison, or work release center.

4. A probation and parole circuit office or a sub-office within a circuit.

5. A bureau of the Office of the Secretary or of any of the assistant secretaries.

(2) The employment of a person in a position in which one employee would be in the line of authority over/under his relative is prohibited. The hiring authority will be responsible for strictly prohibiting work assignments that will violate this procedure among employees who are relatives.

(3) If employees in line-authority relationships marry or otherwise become relatives, the hiring authority will act to sever the conflicting work relationship. If the conflicting relationship cannot be remedied according to subsection (4) below, the hiring authority will direct that for one or more related employees the following will occur:

(a)  Reassignment;

(b) Transfer;

(c) Demotion;

(d) Termination; or

(e) Reitrement (if at the employee’s request).

(4) When circumstances exist where the employment of relatives in a capacity prohibited by this procedure is beneficial to the Department, the hiring authority will make requests for such exceptions through his chain of command to the Secretary.

(5) In accordance with section 112.3135, F.S., an employee is prohibited from appointing, employing, promoting, advancing or advocating for appointment, employment, or advancement any relative to a position in the Department or to a position over which the employee exercises jurisdiction or control.  In the event of an emergency as defined in section 252.34(3), F.S., the Secretary is authorized to approve the temporary employment of      individuals whose employment would otherwise be prohibited by section 112.3135, F.S., when such employment is necessary to carry out emergency management responsibilities.

Rulemaking Authority 945.0311 FS. Law Implemented 112.3135, 945.0311 FS. History–New,             .