To implement changes to the administrative rule as required by Ch. 2008-126, Laws of Florida, which amended Section 110.227, F.S.

DEPARTMENT OF MANAGEMENT SERVICES
Personnel Management System

RULE NO: RULE TITLE
60L-33.004: Workforce Reduction and Employee Transition
PURPOSE AND EFFECT: To implement changes to the administrative rule as required by Ch. 2008-126, Laws of Florida, which amended Section 110.227, F.S.
SUMMARY: Requires agencies to develop objective measures to assess employee retention in layoff situations and give consideration to employee’s length of service.
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), 110.227(2) FS.
LAW IMPLEMENTED: 110.201, 110.227 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: September 15, 2008, 2:00 p.m.
PLACE: Department of Management Services, 4050 Esplanade Way, Room 101, Tallahassee, Florida 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 7 days before the workshop/meeting by contacting: Phil Spooner, [phone]. 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-33.004 Layoff Workforce Reduction and Employee Transition.

(1) A workforce reduction is the deletion of positions. Agencies may delete both vacant and filled positions. Agencies may effect a layoff delete positions for a variety of reasons, including budget cuts, program reductions resulting from outsourcing or privatization efforts, or program phase-outs. Agencies shall accomplish a layoff workforce reductions in an orderly, systematic, and uniform manner in accordance with this rule.

(2) Each agency shall have a Department-approved workforce transition plan. The goal of the plan is to ensure that the agency makes reasonable efforts to provide a smooth transition for the career service employees adversely affected by the layoff workforce reduction. The plan shall identify the steps the agency will take during the layoff workforce reduction to advance this goal. The following steps are reasonable and shall be included in any plan, unless the plan justifies in writing why they are not included:

(a) Appoint a workforce transition team, which is responsible for overseeing and administering the layoff workforce reduction.

(b) Develop a communications plan, designed to ensure open, honest, and frequent communication regarding staffing changes. Provide clear avenues for employees to seek and obtain information and assistance. Address necessary communications with the Department, the Agency for Workforce Innovation, and unions.

(c) Assess the positions to be deleted and the mission and goals of the residual program (that is, the program area that will remain after the deletion of functions and positions). Identify the employees and programs or services that will be affected by the layoff workforce reduction. Identify the knowledge, skills, and abilities that employees will need to carry out the residual program.

(d) Assess employees.

1. If the layoff workforce reduction affects law enforcement or correctional officers, firefighters, or professional health care providers, develop procedures to establish the relative merit and fitness of these employees. Include a formula for uniform application within a competitive area, taking into consideration the type of appointment, the length of service, and the evaluation of the employee’s performance within the last five years of employment. The Department may authorize selective competition within the competitive area, based upon specific qualifications deemed necessary for a position, if the duties and responsibilities requiring such qualifications are clearly reflected in the official position description on file with the agency.

2. If the layoff workforce reduction affects any other career service employee, develop assessment procedures which shall base employee retention on objective measures that include the following considerations: the comparative merit, demonstrated skills, and experience and length of service in the State Personnel System of each employee. In determining which employees to retain, the primary retention considerations should be the employees’ job performance, the job-related skills possessed by employees and consider which employees will best enable the agency to advance its mission. I; in this context, consider how each employee fares with respect to the following factors: commitment, cooperation, excellence, fairness, honesty/integrity, initiative, respect, and teamwork. An employee’s experience and length of service in the State Personnel System shall also receive consideration for employee retention and may be used in those instances where employees receive equal assessments.

(3) A permanent career service employee with permanent status in their current position facing layoff as a result of a work force reduction shall have an opportunity for first interview within any agency for a vacancy for which the employee is qualified and has applied.

(4) Before laying off a permanent career service employee with permanent status in their current position as part of a work force reduction, an agency shall provide the employee reasonable notice of the intended action. Where possible, the agency shall provide at least thirty days notice, and in all cases the agency shall provide at least ten days notice or, in lieu thereof, pay or a combination of notice and pay.

(5) The Agency for Workforce Innovation through its existing programs shall make available placement assistance to affected agencies and employees.

(6) Agencies shall prepare update and maintain a the workforce transition spreadsheet database and provide the spreadsheet to the Department upon request any additional information related to the database.

(7) A Consequences of a workforce reduction, including a layoff is, are not a disciplinary actions therefore, it may not be appealed to the Public Employees Relations Commission.

Specific Authority 110.1055, 110.201(1), 110.227(2) FS. Law Implemented 110.201, 110.227 FS. History–New 1-1-02, Amended 4-3-03,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Sharon D. Larson, Director of Human Resource Management, Department of Management Services
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: David A. Faulkenberry, Deputy Secretary of Human Resource Support, Department of Management Services
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 18, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 25, 2008