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House Bill 1281er

ENROLLED 1997 Legislature HB 1281 1 2 An act relating to Hillsborough County; 3 amending chapter 96-519, Laws of Florida, 4 relating to the Civil Service Act; amending and 5 adding definitions; providing guidelines for 6 the adoption of a salary schedule; providing an 7 effective date. 8 9 Be It Enacted by the Legislature of the State of Florida: 10 11 Section 1. Section 5 of chapter 96-519, Laws of 12 Florida, is amended to read: 13 Section 5. Definitions.--As used in this act, the 14 term: 15 (1) "Appointing authority" means any person or agency 16 authorized under this act or other statutory authority to 17 employ personnel to carry out the responsibilities of the 18 agency. 19 (2) "Appointment" means selection by an appointing 20 authority of a certified eligible person to perform assigned 21 duties and responsibilities in a specified position in the 22 classified service. 23 (3) "Benefits plan" means a schedule of employment 24 benefits to include all leave and holidays. 25 (4) "Board" means the Hillsborough County Civil 26 Service Board. 27 (5) "Budget authority" means any agency or authority 28 to which this act applies and which is empowered to develop 29 and adopt its budget without approval of any other agency or 30 authority. 31 1 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature HB 1281 1 (6)(5) "Certification" means the process of providing 2 the names of those eligible for a class of positions to be 3 considered in filling a vacancy. 4 (7)(6) "Civil Service" means that part of the 5 employment system within Hillsborough County to which this act 6 is applicable pursuant to section 4. 7 (8)(7) "Classified employee" means an employee whose 8 position is subject to the rights contained in this act and in 9 rules adopted by the board. 10 (9)(8) "Class of positions/classifications" means all 11 positions that are sufficiently similar as to kind or subject 12 matter of work, level of difficulty or responsibilities, and 13 qualification requirements of the work to warrant the same 14 treatment as to title, pay range, and other personnel 15 transactions. 16 (10)(9) "Classification plan" means a document that 17 formally describes the concepts, rules, and class 18 specifications used in the classification and reclassification 19 of positions in the classified service. 20 (11)(10) "Demotion" means moving an employee from a 21 position in one class to a position in another class having a 22 lesser degree of responsibility and lower pay grade. 23 (12)(11) "Dismissal" means the discharge of an 24 employee from the service by the appointing authority. 25 (13)(12) "Executive manager" means a position so 26 designated by any appointing authority. The identifying 27 characteristics of an executive manager position are: 28 (a) Having primary responsibility for the 29 administration of a department or division that is major in 30 scope in terms of a countywide program except as may be 31 limited by municipal programs or; and 2 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature HB 1281 1 (b) Being entrusted with developmental or confidential 2 information and high level responsibility for: 3 1. Program research, development, implementation, and 4 monitorship; 5 2. Formulation of policies; or 6 3. Day-to-day operations, administration, and 7 departmental or divisional decisionmaking. 8 (14)(13) "Exempt employee" may be used interchangeably 9 with an "unclassified employee" and means an employee whose 10 position is subject to any rights provided by the employee's 11 appointing authority and who is enumerated in section 6(2). 12 (15)(14) "Initial probationary period" means a period 13 of 6 months of conditional employment in the same position, 14 which may be extended for an additional 6 months during which 15 time an employee may be dismissed without appeal to the board. 16 (16)(15) "Leave" means absence of a classified 17 employee from employment authorized by the appointing 18 authority in accordance with rules adopted by the board. 19 (17)(16) "Part-time employee" means one who works less 20 than 50 percent of the normal work period. 21 (18)(17) "Pay plan" means a document containing one or 22 more salary schedules schedule establishing an appropriate 23 salary range for each class of position which includes an 24 initial or entrance salary, a maximum salary, and a method of 25 progression from initial to maximum. 26 (19)(18) "Promotion" means moving an employee from a 27 position in one class to a position in another class having a 28 greater degree of responsibility and a higher pay grade. 29 (20)(19) "Reduction in force" means dismissal, for 30 reasons including, but not limited to, shortage of funds, 31 abolition of a position, or material changes in job duties or 3 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature HB 1281 1 organizational structure in accordance with rules adopted by 2 the board. 3 (21)(20) "Reemployment" means appointment of a person 4 who was dismissed due to reduction in force in accordance with 5 rules adopted by the board. 6 (22)(21) "Resignation" means an employee's voluntary 7 election to terminate the employee's employment. 8 (23) "Salary schedule" means a document which is 9 adopted by the annual budget process or which is established 10 by a collective bargaining or impasse procedure. Salary 11 schedules must be adopted or established by any budget 12 authority for those employees whose positions it funds and 13 which employees are subject to the terms of this act. A 14 salary schedule must include the salary range and a minimum 15 and a maximum rate of pay and any intermediate points within a 16 salary range. 17 (24)(22) "Substitute employee" means an employee who 18 is temporarily employed to fill the position of a permanently 19 employed person who is on approved leave of absence. A 20 substitute employee may not fill any given position for a 21 period exceeding 120 calendar days from the first day of 22 appointment by the appointing authority. 23 (25)(23) "Suspension" means the removal of an employee 24 from the service for a temporary period of time. 25 (26)(24) "Temporary employee" means an employee whose 26 employment is not intended to exceed 120 calendar days from 27 the first day of appointment by the appointing authority. 28 (27)(25) "Tenure" means a status granted after 29 successful completion of an initial probationary period, 30 entitling the employee to all rights and protections provided 31 in this act. 4 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature HB 1281 1 (28)(26) "Transfer" means the change of an employee 2 from one position to another position. 3 Section 2. Paragraph (l) of subsection (3) of section 4 7 of chapter 96-519, Laws of Florida, is amended to read: 5 Section 7. Creation of civil service board; method of 6 conducting business; powers and duties.-- 7 (3) The board shall: 8 (l) Establish a procedure for reductions in force and 9 a method for from reemployment. 10 Section 3. Section 13 of chapter 96-519, Laws of 11 Florida, is amended to read: 12 Section 13. Recommendation and adoption of 13 classification and pay plans.-- 14 (1) At least once annually, on or before March 31, the 15 board shall recommend any revisions to the classification and 16 pay plan and shall immediately forward them to each appointing 17 authority. The pay plan shall provide, for each class of 18 position in the classification plan, a salary with an initial 19 entrance salary, intermediate points steps, a method of 20 recognizing longevity, and a maximum salary. Thereafter, but 21 not later than April 30, the board shall prepare a final 22 recommendation, taking into consideration any responses 23 received from any appointing authority and including as backup 24 material copies of all such responses. If the final 25 recommendation is for a change to the pay plan, the 26 classification plan, or both, the recommendation shall be 27 presented, along with the backup material, to each budget 28 authority the board of county commissioners for the classified 29 employees whose positions it funds. Each budget authority. 30 The board of county commissioners must approve, amend, or 31 reject a salary schedule the amended pay plan for the its 5 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature HB 1281 1 classified employees it funds by the date of adoption of its 2 annual budget. A budget authority shall not adopt a salary 3 schedule for any employee whose salary is funded by any other 4 budget authority. The board shall adopt the salary schedule 5 adopted by each budget authority and include each in the 6 board's pay plan. The board shall also adopt salary schedules 7 established in accordance with any collective bargaining or 8 impasse resolution procedures of any of the agencies or 9 authorities to which this act applies, and shall also include 10 each salary schedule so established within the board's pay 11 plan. 12 (2) The maximum salary shall be established and used 13 for each class within a salary schedule. The salary schedule 14 shall be used unless the board makes a determination that: 15 (a)1. It is in the best interests of Hillsborough 16 County to approve a salary exceeding the maximum to avoid loss 17 of pay for an employee; and 18 2. Either: 19 a. A pay grade is being reduced by administrative 20 action, including reclassification to a position with a lower 21 pay grade, regrading of a class to a lower pay grade, or 22 demotion through reduction in force to a class with a lower 23 pay grade; 24 b. An employee is voluntarily demoted; or 25 c. An employee's position is incorporated into civil 26 service; or 27 (b) It is necessary to implement a court order, 28 settlement, or contract or to avoid impairing a property 29 interest. 30 Section 4. This act shall take effect upon becoming a 31 law. 6