CODING: Words stricken are deletions; words underlined are additions.House Bill 0983
Florida House of Representatives - 1997 HB 983
By Representatives Turnbull, Chestnut, Mackenzie and
Constantine
1 A bill to be entitled
2 An act relating to employment equity in
3 postsecondary education; amending s. 240.2475,
4 F.S., relating to the State University System
5 equity accountability program; requiring each
6 state university to maintain an equity plan to
7 increase the representation of women and
8 minorities in faculty and administrative
9 positions; providing for the submission of
10 reports; requiring the development of a plan
11 for achievement of equity; providing for
12 administrative evaluations; requiring the
13 development of a budgetary incentive plan;
14 providing for an appropriation; amending s.
15 240.3355, F.S., relating to the State Community
16 College System equity accountability program;
17 requiring each community college to maintain a
18 plan to increase the representation of women
19 and minorities in faculty and administrative
20 positions; providing contents of an employment
21 accountability plan; requiring the development
22 of a plan for corrective action; providing for
23 administrative evaluations; providing for
24 submission of reports; requiring the
25 development of a budgetary incentive plan;
26 providing an effective date.
27
28 Be It Enacted by the Legislature of the State of Florida:
29
30 Section 1. Section 240.2475, Florida Statutes, is
31 amended to read:
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1 240.2475 State University System employment equity
2 accountability program.--
3 (1) No later than August 1, 1992, Each state
4 university shall maintain an annual equity develop a plan for
5 appropriate representation increasing the number of women and
6 minorities in senior-level administrative positions, within
7 tenure-track faculty, and within faculty granted tenure. Such
8 plan shall be maintained until appropriate representation has
9 been achieved. As used in this subsection, the term:
10 (a) "Appropriate representation" means category
11 employment representation that at least meets comparable
12 national standards for at least two consecutive reporting
13 periods.
14 (b) "Category" means major executive, administrative,
15 and professional grouping, including senior-level
16 administrative and professional positions, senior academic
17 administrative-level positions, and tenure-track faculty for
18 increasing the number of women and minorities in ranked
19 faculty positions, and for increasing the number of women and
20 minorities granted tenure. The plan must include specific
21 measurable goals and objectives, specific strategies for
22 accomplishing these goals and objectives, a time period for
23 accomplishing these goals and objectives, and comparative
24 national standards. The plan shall be submitted to the
25 Legislature on or before September 1, 1992.
26 (2)(a) By April 1 October 31 of each year, each state
27 university president shall submit an annual equity
28 accountability report to the Chancellor and the Board of
29 Regents. The equity report shall consist of a status update,
30 an analysis, and a status report of selected personnel
31 transactions. As used in this paragraph, the term, "selected
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1 personnel transactions" means new hires in, promotions into,
2 tenure actions in, and terminations from a category. Each
3 university shall provide the job classification title, gender,
4 race, and appointment status of selected personnel
5 transactions. The status update shall assess
6 underrepresentation in each category. The status report shall
7 consist of current category employment representation,
8 comparable national standards, an evaluation of
9 representation, and annual goals to address
10 underrepresentation. which shows the number of administrative
11 positions in the faculty and in the administrative and
12 professional pay plans which were filled in the previous
13 fiscal year. Administrative positions include faculty
14 positions that, in whole or in part, are defined as academic
15 administration under standard practice CM 87-17.1 and
16 positions in the administrative and professional pay plans
17 that are defined as administrative positions under the Board
18 of Regents' classification of occupational groupings. The
19 report must include the following information pertaining to
20 the employees hired in those positions:
21 1. Job classification title;
22 2. Gender;
23 3. Ethnicity;
24 4. Appointment status pursuant to chapter 6C-5.105,
25 Florida Administrative Code;
26 5. The salary at which the individual was hired;
27 6. Comparative information including, but not limited
28 to, composite information regarding the total number of
29 positions within the particular job title classification for
30 the university by race, gender, and the average salary or
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1 salary range, where applicable, compared to the number of new
2 hires;
3 7. Guidelines for ensuring a gender-balanced and
4 ethnically balanced selection committee for each vacancy;
5 8. Steps taken to develop a diverse pool of candidates
6 for each vacancy; and
7 9. An assessment of the university's accomplishment of
8 annual goals and of long-range goals for hiring and promoting
9 women and minorities in senior-level administrative positions.
10 (b) After 1 year of implementation of a plan, and
11 annually thereafter, for those categories in which prior year
12 goals were not achieved, each university shall provide, in its
13 annual equity report, a narrative explanation and a plan for
14 achievement of equity. The plan shall include guidelines for
15 ensuring balanced membership on selection committees and
16 specific steps for developing a diverse pool of candidates for
17 each vacancy in the category. The plan shall also include a
18 systematic process by which those responsible for hiring are
19 provided information and are evaluated regarding their
20 responsibilities pursuant to this section. Each university's
21 equity accountability report must also include the following
22 information pertaining to candidates formally applying for
23 tenure:
24 1. Rank;
25 2. Gender;
26 3. Ethnicity;
27 4. The salary at which the individual was hired; and
28 5. Comparative information including, but not limited
29 to, composite information regarding the total number of
30 positions within the particular classification for the
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1 university by race, gender, and the average salary or salary
2 range, where applicable, compared to the number of new hires.
3 (c) The equity report shall include an analysis and
4 assessment of the university's accomplishment of annual goals,
5 as specified in the university's affirmative action plan, for
6 increasing the representation of women and minorities in
7 tenure-earning and senior-level administrative positions. The
8 report must also include:
9 1. The requirements for achieving tenure;
10 2. The gender and ethnic composition of the committees
11 that review tenure recommendations at the department, college,
12 and university levels;
13 3. Guidelines for ensuring the equitable distribution
14 of assignments that would enhance tenure opportunities for
15 women and minority faculty; and
16 4. Guidelines for obtaining feedback on the annual
17 progress towards achievement of tenure by women and
18 minorities.
19 (d) The equity report shall also include the current
20 rank, race, and gender of faculty eligible for tenure in a
21 category. In addition, each university shall report
22 representation of the pool of tenure-eligible faculty at each
23 stage of the transaction process, and provide certification
24 that each eligible faculty member was apprised annually of
25 progress toward tenure. Each university shall also report on
26 the dissemination of standards for achieving tenure; racial
27 and gender composition of committees reviewing recommendations
28 at each transaction level; and dissemination of guidelines for
29 equitable distribution of assignments.
30 (3)(a) A factor in the evaluation of university
31 presidents, vice presidents, deans, and chairpersons shall be
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1 their annual progress in achieving the annual and long-range
2 hiring and promotional goals and objectives, as specified in
3 the university's equity plan and affirmative action plan.
4 Annual budget allocations for positions and funding shall be
5 based on this evaluation. A summary of such evaluations Such
6 evaluation shall be submitted to the Chancellor and the Board
7 of Regents as part of the university's annual equity report.
8 (b) Beginning January 1994, The Chancellor and the
9 Board of Regents shall annually evaluate the performance of
10 the university presidents in achieving the annual equity and
11 long-term goals and objectives. A summary of the results of
12 such evaluations shall be included as part of the annual
13 equity progress report submitted by the Board of Regents to
14 the Legislature and the State Board of Education.
15 (4) The Board of Regents shall submit an annual equity
16 progress report to the President of the Senate, the Speaker of
17 the House of Representatives, Legislature and the State Board
18 of Education on or before August December 1 of each year.
19 (5) Each university shall develop a budgetary
20 incentive plan to support and ensure attainment of the goals
21 developed pursuant to this section. The plan shall specify, at
22 a minimum, how resources shall be allocated to support the
23 achievement of goals and the implementation of strategies in a
24 timely manner. After prior review and approval by the
25 university president and the Board of Regents, the plan shall
26 be submitted as part of the annual equity report submitted by
27 each university to the Board of Regents. Effective July 1,
28 1993, positions that become vacant in the faculty or the
29 administrative and professional pay plans at a university
30 shall be transferred into a pool at that university to be
31 allocated by the administration to departments to reward
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1 department managers for attaining equity goals. Each
2 university president shall develop rules regarding the filling
3 of vacant positions and the transferring of positions into the
4 pool. Such rules must provide for a total cap on the vacant
5 position pool at 10 percent of the number of vacant positions
6 for the university as of the date of the preparation of the
7 initial operating budget for each year. The rule must also
8 provide that the number of positions to be transferred into
9 the vacant position pool, at the departmental level, may not
10 exceed 10 percent of the total number of authorized positions
11 for the department as of the date of the preparation of the
12 initial operating budget for each year. Subject to available
13 funding, the Legislature shall provide an annual appropriation
14 to be allocated to the department managers in recognition of
15 the attainment of equity goals and objectives.
16 (6) Relevant components of each university's
17 affirmative action plan may be used to satisfy the
18 requirements of this section.
19 (7) Subject to available funding, the Legislature
20 shall provide an annual appropriation to the Board of Regents
21 to be allocated to the universities to further enhance equity
22 initiatives and related priorities that support the mission of
23 departments, divisions, or colleges in recognition of the
24 attainment of equity goals and objectives.
25 Section 2. Section 240.3355, Florida Statutes, is
26 amended to read:
27 240.3355 Community College System employment equity
28 accountability program.--
29 (1) No later than May 1, 1993, Each community college
30 shall include in its annual equity update plan must include a
31 plan for increasing the representation number of women and
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1 minorities in senior-level administrative positions and, for
2 increasing the number of women and minorities in full-time
3 ranked faculty positions, and for increasing the
4 representation number of women and minorities who have
5 attained continuing-contract status. Positions shall be
6 defined in the personnel data element directory of the
7 Division of Community Colleges. The plan must include specific
8 measurable goals and objectives, specific strategies and
9 timelines for accomplishing these goals and objectives, and
10 comparable national standards as provided by the Division of
11 Community Colleges a time period for accomplishing these goals
12 and objectives. The goals and objectives shall be based on
13 meeting or exceeding comparable national standards and shall
14 be reviewed and recommended by the State Board of Community
15 Colleges as appropriate. Such plans shall be maintained until
16 appropriate representation has been achieved and maintained
17 for at least 3 consecutive reporting years.
18 (2)(a) On or before May 1 of each year, each community
19 college president shall submit an the annual employment
20 accountability plan equity update to the Executive Director of
21 the State Board of Community Colleges. The accountability
22 plan equity update must show faculty and administrator
23 employment data according to requirements specified on the
24 federal Equal Employment Opportunity (EE0-6) report the number
25 of deans, associates, assistant deans, vice presidents,
26 associate and assistant presidents, provosts, legal counsel,
27 and similar administrative positions which were filled in the
28 previous 12-month period. Administrative positions include
29 faculty positions that, in whole or in part, are defined as
30 academic administration by rule and positions that are defined
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1 as administrative positions under the Community College
2 System's classification of occupational groupings.
3 (b) The plan report must show the following
4 information for those positions including, but not limited to:
5 1. Job classification title.;
6 2. Gender.;
7 3. Ethnicity.;
8 4. Appointment status.;
9 5. Salary information. At each community college,
10 salary information shall also include including the salary
11 ranges in which new hires were employed compared to the salary
12 ranges for employees with comparable experience and
13 qualifications. at which the individual was hired compared to
14 the salary range for the respective position and to other
15 employees in the same job title classification;
16 6. Other comparative information including, but not
17 limited to, composite information regarding the total number
18 of positions within the particular job title classification
19 for the community college by race, gender, and salary range
20 compared to the number of new hires.;
21 7. A statement certifying diversity and balance in the
22 gender and ethnic composition of the selection committee for
23 each vacancy, including a brief description of guidelines used
24 for ensuring balanced and diverse membership on selection and
25 review committees.;
26 8. Steps taken to develop a diverse pool of candidates
27 for each vacancy; and
28 (c)9. The annual employment accountability plan shall
29 also include an analysis and an assessment of the community
30 college's attainment accomplishment of annual goals and of
31 long-range goals for increasing the number of women and
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1 minorities in faculty and senior-level administrative
2 positions, and a corrective action plan for addressing
3 underrepresentation.
4 (d)(c) Each community college's employment equity
5 accountability plan report must also include:
6 1. The requirements for receiving a continuing
7 contract.;
8 2. A brief description of the process used to grant
9 The gender and ethnic composition of the committees that
10 review continuing-contract status. recommendations;
11 3. A brief description of the process used to annually
12 apprise each eligible faculty member of progress toward
13 attainment of continuing-contract status. The enhancement of
14 continuing-contract opportunities for women and minority
15 faculty; and
16 4. Written documentation of feedback on the annual
17 progress towards achievement of continuing-contract status by
18 women and minorities.
19 (3) Community college presidents and the heads of each
20 major administrative division shall be evaluated annually on
21 the progress made toward meeting the goals and objectives of
22 the community college's employment accountability equity
23 update plan.
24 (a) The community college presidents, or the
25 president's designee, shall annually evaluate each department
26 chairperson, dean, provost, and vice president in achieving
27 the annual and long-term goals and objectives. A summary of
28 the results of such evaluations shall be reported annually by
29 the president of the community college to the board of
30 trustees. Annual budget allocations by the board of trustees
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1 for positions and funding must take into consideration these
2 evaluations this evaluation.
3 (b) Beginning January 1994, Community college district
4 boards of trustees shall annually evaluate the performance of
5 the community college presidents in achieving the annual and
6 long-term goals and objectives. A summary of the results of
7 such evaluations shall be reported to the Executive Director
8 of the State Board of Community Colleges as part of the
9 community college's annual employment accountability plan, and
10 to the Legislature and State Board of Education as part of the
11 annual equity progress report submitted by the State Board of
12 Community Colleges.
13 (4)(c) The State Board of Community Colleges shall
14 submit an annual equity progress report to the President of
15 the Senate, the Speaker of the House of Representatives,
16 Legislature and the State Board of Education on or before
17 January December 1 of each year.
18 (5) Each community college shall develop a budgetary
19 incentive plan to support and ensure attainment of the goals
20 developed pursuant to this section. The plan shall specify,
21 at a minimum, how resources shall be allocated to support the
22 achievement of goals and the implementation of strategies in a
23 timely manner. After prior review and approval by the
24 community college president and the State Board of Community
25 Colleges, the plan shall be submitted as part of the annual
26 employment accountability plan submitted by each community
27 college to the State Board of Community Colleges.
28 (6)(4) Subject to available funding, the Legislature
29 shall provide an annual appropriation to the State Board of
30 Community Colleges to be allocated to community college
31 presidents, faculty, and administrative personnel to further
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1 enhance equity initiatives and related priorities that support
2 the mission of colleges and departments the department
3 managers in recognition of the attainment of the equity goals
4 and objectives.
5 Section 3. This act shall take effect July 1, 1997.
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8 SENATE SUMMARY
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With respect to the State University System and State
10 Community College System equity accountability programs,
requires each state university and community college to
11 maintain a plan to increase the representation of women
and minorities in faculty and administrative positions.
12 Provides for the submission of reports. Requires the
development of a plan for corrective action. Provides for
13 administrative evaluations. Requires the development of
a budgetary incentive plan.
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