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 and states under what circumstances relatives ...

 

DEPARTMENT OF CORRECTIONS

RULE NO.:RULE TITLE:
33-208.004Employment 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 and states under what circumstances relatives can be employed and under what circumstances relatives cannot be employed.
SUMMARY: 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.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: upon review of the proposed changes to these rules and incorporated forms, the department has determined that the amendments will not exceed any one of the economic analysis criteria in a SERC as set forth in s. 120.541(2)(a), FS.
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.
RULEMAKING AUTHORITY: 945.0311 FS.
LAW IMPLEMENTED: 112.3135, 945.0311 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: LaDawna Fleckenstein, 501 South Calhoun Street, Tallahassee, Florida 32399-2500.

THE FULL TEXT OF THE PROPOSED RULE 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) Retirement (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__________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Glory Parton, Director, Office of Human Resources
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Kenneth S. Tucker, Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 10-29-12
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 11-1-12