RULES OF THE



RULES OF THE

DEPARTMENT OF MANAGEMENT SERVICES

SELECTED EXEMPT SERVICE

CHAPTER 60M-1

SELECTED EXEMPT SERVICE

60M-1.001 Scope.

60M-1.002 General Provisions.

60M-1.003 Designation of Included Positions.

60M-1.004 Classification and Pay Plan.

60M-1.005 Recruitment.

60M-1.006 Appointment.

60M-1.007 Performance Appraisals.

60M-1.008 Attendance and Leave.

60M-1.009 Insurance Benefits.

60M-1.010 Records; Post-audit.

60M-1.011 Transition Provisions.

60M-1.001 Scope.

The purpose of this Chapter is to implement the provisions of Part V of Chapter 110, Florida Statutes which authorize the Department of Management Services (hereinafter department) to adopt rules for the administration of the Selected Exempt Service.

Specific Authority 110.605(1) FS. Law Implemented 110.602 FS. History --New 2-1-87, Formerly 22SE-1.001.

60M-1.002 General Provisions.

(1) The Selected Exempt Service is designed to provide the delivery of high quality performance in selected exempt classifications by facilitating the state's ability to attract and retain qualified personnel in these positions, while also providing sufficient management flexibility to ensure that the work force is responsive to agency needs.

(2) The Selected Exempt Service is created by Part V, Chapter 110, Florida Statutes. In addition, the provisions of Part I, Chapter 110 and other applicable statutes, along with any implementing rules, may affect particular aspects of the Service.

(3) The anti-discrimination provisions of Section 110.105(2), Florida Statutes, and other anti-discrimination laws shall be observed in the Selected Exempt Service.

(4) The Governor shall be deemed to be the public employer for all public employees included in the Selected Exempt Service for the purpose of Chapter 447, Florida Statutes.

(5) Members of the Selected Exempt Service shall serve at the pleasure of the agency head, and shall be subject to suspension, dismissal, reduction in pay, demotion, transfer, or other personnel action at the discretion of the agency head. Such personnel actions are exempt from the provisions of Chapter 120.

Specific Authority 110.605(1) FS. Law Implemented 110.601, 110.602, 110.105, 447.203(2) FS. History--New 2-1-87, Formerly 22SE-1.002.

60M-1.003 Designation of Included Positions.

(1) The Selected Exempt Service is composed of positions in the executive branch which pursuant to Section 110.205(2), Florida Statutes, are exempt from the Career Service System and have a salary set in accordance with the Selected Exempt Service classification and pay plan.

(2) The duties and responsibilities for each position in the Selected Exempt Service shall be assigned by the agency, and the agency head shall be responsible for justifying the designation of Selected Exempt Service positions that are not designated by name under Section 110.205, Florida Statutes.

(3) Positions to be assigned to the Selected Exempt Service shall be determined by the specific designations under Section 110.205, Florida Statutes, and the organization structures determined in accordance with Chapters 20 and 216, Florida Statutes, or other applicable law. Positions that are not specifically designated by Florida Statute as being within the Selected Exempt Service may be so designated by the department taking into account as a minimum:

(a) The authority of the position to make final policy decisions, the nature of such decisions and the effect of such policy decisions on the agency's operation and effectiveness;

(b) The effect of independently made policy decisions on the public or other state agencies;

(c) The size and nature of the total budget, including the administrative operating budget, for which the position has final responsibility;

(d) The total number of professional, supervisory and managerial employees, both salaried and OPS, for which the position has managerial responsibility;

(e) The organization level of the position in the agency;

(f) The limit of positions to be included as specified in Section 110.602, Florida Statutes, is not exceeded;

(g) For positions requested to be exempt under Section 110.205(2)(m)1., Florida Statutes, as policymaking, the following criteria for justifying the exemption shall apply:

1. The position's primary responsibilities are certified by the agency head to be policymaking.

2. The position reports to a Senior Management Service or Selected Exempt Service position and is typified by board responsibility for policy implementation.

3. Where the exemption of a position as policymaking requires rescinding a previously approved exemption of another position because the agency has used its full allotment of policy-making exemptions the agency head must certify that a formal reorganization, requiring approval by the Executive Office of the Governor which affects the program responsibilities of the units in which the position to be exempted and the position to be returned to the Career Service are located, has necessitated the rescinding of one position and the exemption of another. If no formal reorganization has taken place, the agency head must provide evidence of and certify that a change in program priorities necessitates the removal of the exemption from one position in order to exempt another position needed to facilitate meeting the program priorities. Certification provided by the agency head will not require approval by the department.

(4) The presence of similar positions currently in the Selected Exempt Service shall not be justification for the designation of other positions to the Selected Exempt Service.

(5) The designation of a position for inclusion in or exclusion from the Selected Exempt Service may be reviewed at any time by the department.

(6) Any action of the department relative to a position in a department headed by a Cabinet Officer or headed by the Governor and Cabinet may be reviewed by the Administration Commission which may change the decision of the department by majority vote. Such requests for review shall be submitted through the Secretary of Management Services for consideration by the Administration Commission.

Specific Authority 110.605(1) FS. Law Implemented 110.205(2), 110.602 FS. History--New 2-1-87, Amended 3-16-89. Subparagraph (3)(g)3. was, in part, formerly subparagraphs 2. and 3. of Section 22K-16.003(1)(a), F.A.C., Formerly 22SE-1.003.

60M-1.004 Classification and Pay Plan.

(1) The department shall establish and maintain a classification and pay plan applicable to all positions in the Selected Exempt Service.

(2) The employing agency shall prepare a position description for each position to be placed in the Selected Exempt Service and shall maintain such position descriptions on a current basis. Each position description shall accurately present information as prescribed by the department. The department shall be furnished a copy of each position description.

(3) The department shall assign each position to its appropriate class according to the position description.

(4) The Selected Exempt Service Classification and Pay Plan shall include:

(a) All approved pay ranges,

(b) The allocation of each position to a pay range, and

(c) The provisions of these rules governing the administration of the plan.

(5) The department shall conduct periodic studies and surveys to determine if changes are needed in order to maintain the classification and pay plan on a current basis.

(6) The agency head shall notify the Secretary of Management Services in writing if any Selected Exempt Service position is not assigned duties and responsibilities that exempt the position from the provisions of the Fair Labor Standards Act. The department will then advise the agency as to what actions are necessary to comply with the provisions of the Fair Labor Standards Act.

(7) Upon making an original or any subsequent appointment to a Selected Exempt Service position, the employing agency shall set the salary at an amount within the assigned pay range.

(8) Based on the member's initial or subsequent appraisal, the employing agency may give a member an increase in salary provided the total salary is within the assigned pay range, funds are available for such increase, and such increase is not specifically prohibited by act of the Legislature.

(9) A member may be paid less than the minimum of the assigned pay range due to budget limitations if approved by the Secretary of Management Services.

(10) Unless a different reporting procedure is prescribed by the Secretary of Management Services, the employing agency shall promptly report to the department the initial salary for each appointment to a Selected Exempt Service position and each subsequent change in such salary.

(11) The department may adjust any or all salary ranges in the Selected Exempt Service classification and pay plan at any time such adjustments are deemed appropriate. When such adjustments are made by the department instructions as to how members' salaries will be affected shall be issued by the department to all employing agencies.

(12) If unusual conditions exist which justify a pay increase not provided for in these rules, the Secretary of Management Services may approve a special pay increase for any member and attach any special instructions applicable to the situation.

Specific Authority 110.605(1) FS. Law Implemented 110.603 FS. History--New 2-1-87, Formerly 22SE-1.004.

60M-1.005 Recruitment.

(1) Recruiting efforts to fill current or anticipated vacancies shall be the responsibility of the employing agency. Each agency shall develop procedures to provide for, as a minimum, the following:

(a) Each vacant position that is not filled by the lateral movement (within the same pay grade) of another member of the Selected Exempt Service, or by an acting appointment pursuant to Subsection 60M-1.006(3), shall be advertised within and outside the agency for a minimum of fourteen (14) calendar days prior to appointment.

(b) Each vacant position shall be advertised by a Job Opportunity Announcement which shall identify the position and provide sufficient information to effectively inform applicants as to the position and provide appropriate information to facilitate statewide listing of the position vacancy. Job Opportunity Announcements shall be reproduced and distributed in sufficient amounts and in such a manner as to advertise the position vacancy to sources of applicants from outside the hiring agency.

(c) Each agency shall assure that special recruitment programs are implemented to attract qualified minorities and women.

(2) Each agency shall assure that its recruiting efforts are planned and carried out in accordance with Subsection 110.105(2), Florida Statutes, and Subsection 110.605(3), Florida Statutes.

(3) The procedures adopted by the department and each employing agency under this part shall comply with all federal regulations necessary to permit the state agencies to be eligible to receive federal funds.

Specific Authority 110.605(1) FS. Law Implemented 110.605 FS. History--New 2-1-87, Formerly 22SE-1.005.

60M-1.006 Appointment.

(1) An appointment to a Selected Exempt Service position shall be made only after the position is classified in accordance with Section 60M-1.004, F.A.C.

(2) An appointment to a Selected Exempt Service position shall be made in accordance with these rules. No position shall be filled by more than the equivalent of one full-time member; however, an overlap may be made in accordance with Chapter 60L-7, F.A.C. Members shall normally be full-time and required to work the entire normally established workweek of the agency; however, any member appointed for less than full-time employment shall have the salary, leave and benefits prorated based on the normal hours of work.

(3) The agency head may make an acting appointment to fill a vacancy within the Selected Exempt Service. Such appointment shall not be subject to the announcement provisions of Section 60M-1.005. A person who is given an acting appointment shall not receive leave or any other benefits provided in this chapter while serving in such appointment; however, if the acting appointment is of a current state employee, the employee shall continue to earn leave and receive benefits of the employee's permanent position. Current state employees may be granted a temporary salary increase by the agency head for a period of no more than 90 days, unless the Department of Management Services approves an extension of the period necessitated by difficulty in recruitment to fill the position by original appointment. Such temporary salary increase shall be in accordance with Section 60M-1.004 and shall be withdrawn when the acting appointment is terminated.

Specific Authority 110.605(1) FS. Law Implemented 110.605 FS. History--New 2-1-87, Amended 3-16-89, Formerly 22SE-1.006.

60M-1.007 Performance Appraisals.

(1) The department shall develop uniform guidelines which shall be utilized by all agencies in developing their individual agency performance appraisal system for members of the Selected Exempt Service. The department's guidelines shall, as a minimum, require that each agency's performance appraisal system take into consideration individual and organizational efficiency, productivity and effectiveness.

(2) Each agency head shall develop an individual performance appraisal system in accordance with the guidelines furnished by the department. Such agency system may include any elements that the agency head feels are appropriate for appraising performance in relationship to the requirements of the position filled by the member so long as such requirements do not conflict with the department's guidelines.

(3) The performance of a Selected Exempt Service member may be appraised at any time deemed appropriate. However, each member's performance must be appraised at least once each calendar year.

Specific Authority 110.605(1) FS. Law Implemented 110.605 FS. History--New 2-1-87, Formerly 22SE-1.007.

60M-1.008 Attendance and Leave.

(1) Inasmuch as a member's service is performance based, a member is expected to work whatever hours may be required by the position and no overtime or compensatory leave may be earned or paid. The head of each agency shall, by written procedures, establish the work hours and attendance and leave requirements for members of the Selected Exempt Service. Such written procedures shall comply with the provisions of this Chapter, and as a minimum, shall require that an accurate record of the time worked and leave taken be maintained and that any full-time member who works less than the normal number of hours in the pay period (biweekly period-80 hours; monthly period-hours required by Comptroller) shall be required to utilize annual, sick or administrative leave, or leave without pay to bring the member's total for the pay period up to the minimum hours required. The same requirements shall apply to part-time members, except that the normal working hours in the pay period shall be prescribed by the agency head.

(2) Selected Exempt Service members are entitled to observe the holidays observed by the agency unit managed or advised by them.

(3) Upon appointment and on each anniversary of the date of appointment to the Selected Exempt Service (hereinafter anniversary date), each Selected Exempt Service member shall be credited with 176 hours of annual leave and 104 hours of sick leave. Accurate records of the accumulation and use of all annual and sick leave credits shall be maintained by the agency.

(4) DROP participants will continue to accrue leave in the same manner as prior to entry into the DROP. DROP is the Deferred Retirement Option Program, a program created by Section 121.091(13), Florida Statutes, effective July 1, 1998, for eligible employees who retire and elect to defer their retirement benefits while continuing employment for a limited period.

(5) Upon appointment to a Selected Exempt Service position of a member moving from a position in state government outside the Selected Exempt Service, any leave accrued and unused by the member in the prior position shall be subject to the following:

(a) Special compensatory leave credits shall not be transferred and shall be paid for in accordance with the rules governing the system from which the person is transferring.

(b) Regular compensatory leave shall not be transferred into the Selected Exempt Service.

(c) Unused annual leave not paid for shall be retained and be credited to the member's account for use by the member with approval of the agency head pursuant to Subsection 60M-1.008(3).

(d) Unused sick leave not paid for shall be retained and credited to the member's account for use by the member in accordance with this chapter. Such leave shall be subject to terminal payment in accordance with 60M-1.008(8).

(6) Annual leave shall be used at the discretion of the member and with approval of the agency head. Annual leave credits in excess of 480 hours at the close of business on the day prior to the member's anniversary date shall be converted to sick leave on an hour per hour basis.

(7) Upon transfer of a Selected Exempt Service member to a position in state government outside the Selected Exempt Service, unused annual leave credits shall not be paid for and may be transferred subject to the rules governing the system into which the member is transferring. All annual leave credits accrued on the member's last anniversary date shall be prorated at the rate of 14.667 hours monthly or 6.769 hours biweekly for each pay period, or portion thereof, worked subsequent to the member's last anniversary date.

(8) Annual leave will be paid for on termination from state government. Termination from state government shall mean that the person is not on any state payroll for at least thirty-one (31) calendar days following separation from the Selected Exempt Service.

(9) Members electing to participate in the DROP may request payment for accrued annual leave up to 480 hours upon entry into the DROP. Any hours in excess of 480 will be carried forward. However, an employee electing payment of this leave is not eligible for any accrued annual leave payment upon separation from service, except to the extent the employee has earned additional annual leave which combined with the hours of the original payment does not exceed 480 hours.

(10) Use of sick leave shall be authorized for the purposes stated in Chapter 60K-5, F.A.C. Sick leave may be accrued without limit and be subject to terminal payment in accordance with Section 110.122, Florida Statutes.

(11) Upon transfer of a Selected Exempt Service member to a position in state government outside the Selected Exempt Service, all sick leave hours earned shall be credited providing that all sick leave credits accrued on the member's last anniversary date shall be prorated at the rate of 8.667 hours monthly or 4 hours biweekly for each pay period, or portion thereof, worked subsequent to the member's last anniversary date.

(12) Upon separation from state government payment for unused sick leave accrued in accordance with 60M-1.008(3) on the member's last anniversary date shall be calculated at the rate of 8.667 hours per month, or 4 hours biweekly, for each pay period, or portion thereof, worked subsequent to the member's last anniversary date.

(13) Administrative leave and disability leave may be, and maternity leave shall be, granted and used in accordance with the provisions for such leave for Career Service employees as set forth in Chapter 60K-5, F.A.C. Military leave shall be granted and used in accordance with Section 250.48 or Chapter 115, Florida Statutes, whichever is applicable.

(14) An employee who resigns from the government of a county or other political subdivision in Florida to accept appointment to a Selected Exempt Service position, within 31 calendar days from the employee's last day of such employment, may be credited with up to a maximum of 480 hours of unused sick leave which was accrued while so employed. The maximum of 480 hours shall be transferred as follows: 80 hours upon date of appointment and 80 hours upon each of the first five anniversaries of that date.

(15) With agency head approval, a member may be granted a leave of absence without pay for up to one year.

Specific Authority 110.605(1) FS. Law Implemented 110.603, 121.091(13) FS. History--New 2-1-87, Formerly 22SE-1.008, Amended 7-5-98.

60M-1.009 Insurance Benefits.

(1) Employees in the Selected Exempt Service shall be enrolled in the Regular Class of the Florida Retirement System, unless approved for membership in the Special Risk Class, as provided in Chapter 121, Florida Statutes.

(2) Subject to appropriation of funds, the State shall pay for the following insurance coverage for each full-time Selected Exempt Service employee:

(a) 100% of the premium for the state individual life insurance policy;

(b) 100% of the premium for the individual or family state group health insurance plan; or up to an equal dollar amount for a health maintenance organization premium; and

(c) 100% of the premium for the state individual disability insurance policy.

(3) In addition, the State may pay 100% of the premium for an individual or family dental insurance plan, provided that premiums are funded by the Legislature through the appropriations act or otherwise absorbed within the existing budget authority of the employing agency.

Specific Authority 110.605(1) FS. Law Implemented 110.603, 110.205(2)(k), FS. History --New 2-1-87, Formerly 22SE-1.009, Amended 1-11-2000.

60M-1.010 Records; Post-audit.

(1) The employing agency shall maintain a personnel file for each member which shall include copies of performance evaluations, and the reports of salary amounts, and shall maintain a record of each member's accumulation and use of sick and annual leave.

(2) The department shall maintain a current organizational listing of all Selected Exempt Service positions.

(3) The department shall post-audit the records for each employing agency annually for compliance with the statutes and these rules.

Specific Authority 110.605(1) FS. Law Implemented 110.605 FS. History --New 2-1-87, Formerly 22SE-1.010.

60M-1.011 Transition Provisions.

On the effective date of this Chapter, the following transition provisions shall apply:

(1) Members of the Selected Exempt Service who were members of the Senior Management Service on January 31, 1987, shall be transitioned into the Selected Exempt Service on February 1, 1987, and shall retain their previous anniversary date. No additional annual or sick leave shall be accrued as a result of transitioning into the Selected Exempt Service; however, all unused annual and sick leave balances shall be transferred and credited in the same amounts to the Selected Exempt Service.

(2) Members placed in the Selected Exempt Service from a system which allows for the accumulation of compensatory leave credits shall retain all such unused leave credits to be utilized with the approval of the agency head; provided, however, that all such credits must be used within 12 months of the date the members were placed in the Selected Exempt Service by such legislation.

(3) Effective February 1, 1987, members who were members of the Selected Professional Service on January 31, 1987, shall retain their previously established anniversary date and shall be credited with an additional amount of annual leave on a prorated basis for that period of time from February 1, 1987, to the member's next anniversary date. Such additional annual leave credits shall be calculated at the rate of 0.666 hours monthly or 0.307 hours biweekly for each pay period or portion thereof.

(4) The provisions of subsection 60M-1.008(6) to the contrary notwithstanding, a member who transfers from the Selected Exempt Service to a position in state government outside the Selected Exempt Service, and who accrued annual leave credits in the Selected Professional Service prior to February 1, 1987, shall have such unused annual leave credits prorated at the rate of 14 hours monthly or 6.461 hours biweekly for each pay period or portion thereof worked between the member's last anniversary date and January 31, 1987. All unused annual leave credits accrued after January 31, 1987, shall be prorated at the rate of 14.667 hours monthly or 6.769 hours biweekly for each pay period or portion thereof.

Specific Authority 110.605(1) FS. Law Implemented 110.603 FS. History--New 2-1-87, Amended 5-12-87, Formerly 22SE-1.011.

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