Notices of Proposed Rulemaking

Published: May 1st, 1996

Category: Memos

Pamela J. Bernard, General Counsel

Attached are copies of the Notices of Proposed Rulemaking for rules which are proposed for adoption or revision by the University. Please distribute and post the notices upon receipt.


NOTICE OF PROPOSED RULEMAKING

NAME OF AGENCY:
University of Florida

RULE TITLE:                                                         RULE NO.:
University of Florida; Affirmative Action Search                    6C1-1.0062
        and Screen Procedures for Instructional and
        Research Faculty and Administrative and Professional
        Staff Members; and Affirmative Action Files
University of Florida; Layoff                                       6C1-1.017

PURPOSE AND EFFECT:

Rule 6C1-1.0062 clarifies current position vacancy announcement procedures and identifies appropriate points of contact.

Rule 6C1-1.017 provides for consistent layoff procedures given repeal of BOR Rule 6C-5.770, F.A.C. and implementation of BOR Rule 6C-5.955, F.A.C. Gives notice to employees regarding designation of layoff units, consideration of special qualifications and relevant experience, and consideration for vacant positions.

SUMMARY:

Rule 6C1-1.0062 provides for receipt of SUS position vacancy announcements by the Office of the Assistant Director of the Central Employment Center. Deletes language regarding late applications as unnecessary.

Rule 6C1-1.017 provides that the President will designate the USPS and A&P layoff units at the University of Florida as Health Affairs, the Institute of Food and Agricultural Sciences, and the Educational and General areas. Layoffs within these layoff units will be determined by administrative reporting. Provides for the consideration of special qualifications and relevant experience required for specific positions as determined by the administrator of the designated layoff unit. Requires that employees in pending layoff status be considered for placement in vacant positions as a first within their layoff unit and then outside the unit. If placement to a vacant position cannot occur then layoff procedures shall be implemented consistent with the revised BOR Rule 6C-5.955, F.A.C. University Personnel Services will make an initial assessment of the layoff candidate’s rights and determine appropriate position matches and communicate same to the department.

SPECIFIC AUTHORITY:
        6C1-1.0062:     240.227(1)(5)(19), F.S.
        6C1-1.017:      240.209(1), (5), (19), F.S.

LAW IMPLEMENTED:
        6C1-1.0062:     120.53(1), 240.227(5)(19), F.S.
        6C1-1.017:      120.53(1), 240.227(1), (5), and (19), F.S.

SUMMARY OF THE ESTIMATE OF ECONOMIC IMPACT OF THE RULE:
There is no economic impact other than the cost of rulemaking and publication of this rule.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

TIME AND DATE:
9:00 a.m. on May 23, 1996

PLACE:
J. Wayne Reitz Union, Room 349

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS:
Mrs. Karon S. Grabel, Clerk of the University, 207 Tigert Hall, University of Florida, Gainesville, Florida 326ll.

NAME OF PERSON ORIGINATING PROPOSED RULE:
Mr. Bob Willits, Associate Director, University Personnel Services.

NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE:
Mr. Gerald Schaffer, Vice President for Administrative Affairs.

DATE PROPOSED RULE APPROVED:
April 26, 1996


NOTICE OF PROPOSED RULEMAKING

NAME OF AGENCY: University of Florida

RULE TITLE:                                                         RULE NO.:
Administrative Affairs; Traffic & Parking; Miscellaneous6           C1-3.008
        Provisions

Administrative Affairs; Employment Staff Selections and             6C1-3.048
        Appointments for University Support Personnel Positions
Administrative Affairs; University Support Personnel                6C1-3.050
        System Evaluations
Administrative Affairs; Promotion; Administrative                   6Cl-3.054
        and Professional Staff
Administrative Affairs; Resignation and Non-reappointment           6C1-3.056
        of Administrative and Professional Staff
Administrative Affairs; Pay Upon Appointment; University            6C1-3.059
        Support Personnel System Employees

PURPOSE AND EFFECT:

Rule 6C1-3.008 is amended to require annual safety inspections on motor vehicles owned by the University.

Rule 6C1-3.048 To provide notice to applicants and employees regarding the services and procedures of the university’s Central Employment Center (“CEC”) pertaining to announcing vacant positions, application procedures, and eligibility determination.

Rule 6C1-3.050 Provides for consistent performance evaluations of USPS employees consistent with revised BOR Rule 6C-5.925, F.A.C.

Rule 6C1-3.054 provides uniform six (6) month stability period to employees in a university position before promotion, demotion, or reassignment. Increases appointment process efficiency by decentralizing pay upon appointment decision making authority to department level where appointment decisions are made.

Rule 6C1-3.056 reduces non-reappointment notice period to six (6) months for employees with one (1) or more years of service. Documents existing university practice that no appointment creates any right, interest, or expectancy in obtaining any other appointment.

Rule 6C1-3.059 provides for consistent pay upon appointment for original appointments and those occasioned by promotion, demotion or reassignment. Maintains consistency of pay upon appointment and promotion by establishing parameters for hiring authority decision making including whether adequate funds are available and the unit’s budgetary officer has approved of the salary adjustment. Provides for similar treatment in instances of demotion and reassignment.

SUMMARY:

Rule 6C1-3.008 is amended to require all University motor vehicles to pass an annual safety inspection.

Rule 6C1-3.048 Provides that CEC will distribute job vacancy announcements and distribute and advertise them in various media. Follows current practice of announcing USPS vacancies for a minimum of 7 days except for open postings, emergency and temporary vacancies. Specifies conditions for open postings. Details application procedures and articulates guidelines for making applicant eligibility determinations.

Rule 6C1-3.050 Details probationary appraisal requirements. Provides for annual performance appraisal of employees with permanent status. Further provides for retention of previous performance rating in the event that an annual performance appraisal is not completed. Notifies employees of conditions for conducting special appraisals. Requires written communication of necessary improvements to employees who receive appraisals or letters documenting a failure to meet performance standards. Establishes time frames for conducting appraisals. Follows current practice of removing employees from the job classification who fail to meet performance standards within the designated follow-up period.

Rule 6C1-3.054 requires that employees complete six (6) month period of satisfactory service before being promoted, demoted, or reassigned outside their current college or division. Decentralizes pay upon appointment authority in departments where appointment decisions are made rather than in University Personnel Services. Requires advanced approval of salary offers that exceed minimum of unit’s budgetary officer.

Rule 6C1-3.056 provides clear notice to employees that no appointment shall create any right, interest, or expectancy in any other appointment beyond its specific terms. Clarifies that the three (3) month notice period for employees in their initial year of employment runs from the effective date of non-reappointment. Changes non-reappointment notice period from one (1) year to six (6) months for employees with one (1) or more years of service.

Rule 6C1-3.059 continues to allow hiring authority to pay above pay grade minimum for applicants receiving regular or promotional USPS appointments provided adequate funds and rate are available and the unit’s budgetary officer has approved the increase before any commitment to the employee is made regarding the salary adjustment. Provides for reduction in pay of employee who has not achieved permanent status following promotion but provides for payment of any scheduled salary adjustments that would have been received by employee in the lower classification. Requires that pay be commensurate with duties assigned to employee who is demoted after achieving permanent status. Clarifies that demotion may be effected without a reduction in base rate of pay and further provides that such employees are ineligible for promotion salary increases within a six (6) month period following demotion. Similarly provides that employees reassigned within the same pay grade shall receive pay commensurate with responsibilities assigned but pay shall not be increased as a result of such reassignment.

SPECIFIC AUTHORITY:
        6C1-3.008:              240.227(1), 240.264, F.S.
        6C1-3.048:              120.53(1), 240.227(1)(5)(19), F.S.
        6C1-3.050:              240.227(1)(5)(19), F.S.
        6C1-3.054:              240.227(1)(5), F.S.
        6C1-3.056:              240.227(1)(5), F.S.
        6C1-3.059:              120.53(1), 240.227(1)(5), F.S.

LAW IMPLEMENTED:
        6C1-3.008:              240.227(1), 240.263(2), 240.264, F.S.
        6C1-3.048:              120.53(1), 240.227(1)(5), F.S.
        6C1-3.050:              120.53(1), 240.227(1)(5)(19), F.S.
        6C1-3.054:              120.53(1), 240.227(1)(5), F.S.
        6C1-3.056:              120.53(1), 240.227(1)(5), F.S.
        6C1-3.059:              120.53(1), 240.227(1), F.S.

SUMMARY OF THE ESTIMATE OF ECONOMIC IMPACT OF THE RULE:
There is no economic impact other than the cost of rulemaking and publication of this rule.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

TIME AND DATE:
9:00 a.m. on May 23, 1996

PLACE:
J. Wayne Reitz Union, Room 349

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS:
Mrs. Karon S. Grabel, Clerk of the University, 207 Tigert Hall, University of Florida, Gainesville, Florida 326ll.

NAME OF PERSON ORIGINATING PROPOSED RULE:
Mr. Otis Jones, Assistant Vice President for Administrative Affairs and Mr. Bob Willits, Associate Director, University Personnel Services.

NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE:
Gerald Schaffer, Vice President for Administrative Affairs.

DATE PROPOSED RULE APPROVED:
April 26, 1996

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