SB565: Bill Text

SB565,,130 230.32 (4) Any person appointed to fill the position of an employee on such military or civilian leave shall be designated as a substitute or replacement employee and upon the return and reemployment of the original employee the substitute employee shall be transferred to a similar position with the same employing agency if one is available, or if not, he or she shall be eligible for reinstatement or have the right of restoration in accordance with this subchapter and the rules of the director. The status of any person who is appointed to fill the place of an employee on military or civilian leave under this section shall be governed by the rules of the director pursuant thereto.

SB565,70 Section 70. 230.34 (1) (a) (intro.) of the statutes is renumbered 230.34 (1) (a) and amended to read:

SB565,,132 230.34 (1) (a) An employee with permanent status in class or an employee who has served with the state as an assistant district attorney or an assistant state public defender for a continuous period of 12 months or more may be removed, suspended without pay, discharged, reduced in base pay, or demoted only for just cause. It is just cause to remove, suspend without pay, discharge, reduce the base pay of, or demote an employee for work performance or personal conduct that is inadequate, unsuitable, or inferior, as determined by the appointing authority, but only after imposing progressive discipline that complies with the administrator’s standards under s. 230.04 (13m). It is just cause to remove, suspend without pay, discharge, reduce the base pay of, or demote an employee without imposing progressive discipline for any of the following conduct:

SB565,71 Section 71. 230.34 (1) (a) 1. to 9. of the statutes are repealed.

SB565,72 Section 72. 230.34 (1) (am) of the statutes is amended to read:

SB565,,135 230.34 (1) (am) If an employee fails to report for work as scheduled or to contact his or her supervisor, the appointing authority may discipline the employee. If an employee fails to report for work as scheduled, or to contact his or her supervisor for a minimum of 3 5 consecutive working days during a calendar year, the appointing authority shall consider the employee’s position abandoned and may discipline the employee or treat the employee as having resigned his or her position. If the appointing authority decides to treat the position abandonment as a resignation, the appointing authority shall notify the employee in writing that the employee is being treated as having effectively resigned as of the end of the last day worked.

SB565,73 Section 73. 230.34 (2) (intro.) of the statutes is amended to read:

SB565,,137 230.34 (2) (intro.) Employees with permanent status in class in permanent, sessional and seasonal positions in the classified service and employees serving a probationary period in such positions after promotion or transfer may be laid off because of a reduction in force due to a stoppage or lack of work or funds or owing to material changes in duties or organization but only after all original appointment probationary and limited term employees in the classes used for layoff, are terminated.

SB565,74 Section 74. 230.34 (2) (a) of the statutes is repealed and recreated to read:

SB565,,139 230.34 (2) (a) The order of layoff of such employees may be determined by seniority or performance or a combination thereof or by other factors.

SB565,75 Section 75. 230.34 (2) (b) of the statutes is repealed and recreated to read:

SB565,,141 230.34 (2) (b) The director shall promulgate rules governing layoffs and appeals therefrom and alternative procedures in lieu of layoff to include voluntary and involuntary demotion and the exercise of a displacing right to a comparable or lower class, as well as the subsequent employee right of restoration or eligibility for reinstatement.

SB565,76 Section 76. 230.35 (3) (d) of the statutes is amended to read:

SB565,,143 230.35 (3) (d) Employees of the state are entitled to reasonable paid leaves of absence to compete in promotional evaluations examinations and interviews. The administrator shall promulgate rules governing the lengths of time allowable for such leaves, their frequency and the provisions for their use.

SB565,77 Section 77. 230.37 (1) of the statutes is amended to read:

SB565,,145 230.37 (1) In cooperation with appointing authorities the administrator shall establish an employee performance evaluation program to provide a continuing record of employee development and, when applicable, to serve as a basis for pertinent personnel actions. Under the employee performance evaluation program established under this subsection, the administrator shall require each appointing authority to conduct at least an annual performance evaluation of each employee appointed by the appointing authority. Similar evaluations shall be conducted during the probationary period but may not infringe upon the authority of the appointing authority to retain or dismiss employees during the probationary period.

SB565,78 Section 78. 230.40 (3) of the statutes is created to read:

SB565,,147 230.40 (3) A person who separates from the classified service to fill an elective position shall have reinstatement privileges for 5 years following termination from the classified service or for one year following termination from the elective position, whichever is longer.

SB565,79 Section 79. 230.43 (1) (title) of the statutes is amended to read:

SB565,,149 230.43 (1) (title) Hiring process; obstruction Obstruction or falsifications of examinations.

SB565,80 Section 80. 230.43 (1) (am) of the statutes is amended to read:

SB565,,151 230.43 (1) (am) Willfully defeats, deceives or obstructs any person in respect of the rights of application examination or registration under this subchapter or any rules prescribed pursuant thereto.

SB565,81 Section 81. 230.43 (1) (b) of the statutes is amended to read:

SB565,,153 230.43 (1) (b) Willfully or corruptly, falsely marks, grades, estimates, or reports upon an application or resume examination, or proper standing of any person evaluated examined, registered, or certified, pursuant to this subchapter, or aids in so doing.

SB565,82 Section 82. 230.43 (1) (c) of the statutes is amended to read:

SB565,,155 230.43 (1) (c) Willfully or corruptly makes any false representations concerning the same, or concerning an applicant the person examined.

SB565,83 Section 83. 230.43 (1) (d) of the statutes is amended to read:

SB565,,157 230.43 (1) (d) Willfully or corruptly furnishes any person any special or secret information for the purpose of either improving or injuring the prospects or chances of any persons so evaluated examined, registered, or certified, being appointed, employed, or promoted.

SB565,84 Section 84. 230.43 (1) (e) of the statutes is amended to read:

SB565,,159 230.43 (1) (e) Personates any other person, or permits or aids in any manner any other person to personate him or her in connection with any examination, registration, application, or request to be evaluated examined or registered.

SB565,85 Section 85. 230.43 (5) of the statutes is amended to read:

SB565,,161 230.43 (5) Taxpayers’ suits. The right of any taxpayer to bring any action to restrain the payment of compensation to any person appointed to or holding any office or place of employment in violation of this subchapter shall not be limited or denied by reason of the fact that the office or place of employment has been classified as, or determined to be, not subject to a competitive hiring process examination; however, any judgment or injunction in any such action shall be prospective only, and shall not affect payments already made or due to such persons by the proper disbursing officers, in accordance with the rules of the administrator in force at the time of such payments.

SB565,86 Section 86. 230.44 (1) (c) of the statutes is amended to read:

SB565,,163 230.44 (1) (c) Demotion, layoff, suspension or discharge. If an employee has permanent status in class, or an employee has served with the state as an assistant district attorney or an assistant state public defender for a continuous period of 12 months or more, the employee may appeal a demotion, layoff, suspension, discharge or reduction in base pay to the commission as the final step in the state employee grievance process procedure established under s. 230.445 230.04 (14), if the appeal alleges that the decision was not based on just cause.

SB565,87 Section 87. 230.44 (1) (e) of the statutes is amended to read:

SB565,,165 230.44 (1) (e) Discretionary performance awards. This subsection does not apply to decisions of an appointing authority relating to discretionary performance awards under s. 230.12 (5) or under the discretionary merit award program established under s. 230.04 (19), including the evaluation methodology and results used to determine the award or the amount awarded.

SB565,88 Section 88. 230.445 of the statutes is repealed.

SB565,89 Section 89. 321.65 (3) (g) of the statutes is amended to read:

SB565,,168 321.65 (3) (g) Veterans preferences. The right of a person to reemployment under this subsection does not entitle the person to retention, preference, or displacement rights over any person who has a superior claim under s. 45.03 (4), 62.13 (4) (d), 63.08 (1) (f) or (fm), 63.37, 63.39 (2m), 66.0509 (1), 230.15 (2m), 230.16 (7) or (7m), 230.21 (1m), 230.25, or 230.275.

SB565,90 Section 90. 323.2915 (1) and (2) of the statutes are amended to read:

SB565,,170 323.2915 (1) Notwithstanding s. 230.445 (2) and (3), 2021 stats., an employee does not waive his or her right to appeal an adverse employment decision if the employee does not timely file the complaint or appeal during the public health emergency declared on March 12, 2020, by executive order 72. The tolling period under s. 230.445 (3) (a) 1., 2021 stats., begins 14 days after the termination of such public health emergency.

SB565,,171 (2) Notwithstanding s. 230.445 (3) (a) 2., 2021 stats., an appointing authority or his or her designee is not required to meet with a complainant in person during the public health emergency declared on March 12, 2020, by executive order 72, when conducting an investigation under s. 230.445 (3) (a) 2., 2021 stats.

SB565,91 Section 91. Initial applicability.

SB565,,173 (1) Hiring preferences for veterans. The treatment of ss. 63.08 (1) (fm) and 230.25 (1g) and (1m) first applies to a position that is posted on the effective date of this subsection.

SB565,,174 (2) Probationary periods. The treatment of s. 230.28 (1) (a), (am), and (c) first applies to a probationary period that begins on the effective date of this subsection.

SB565,,175 (3) Standards for adverse employment actions. The treatment of s. 230.34 (1) (a) (intro.) and (am) first applies to employee discipline for conduct that occurs on the effective date of this subsection.

SB565,,176 (4) Grievance procedures. The treatment of s. 230.44 (1) (c) first applies to an action taken against an employee on the effective date of this subsection.

SB565,,177 (5) Reinstatement privileges, separation from classified service. The treatment of s. 230.40 (3) first applies to a person who separates from the classified service on the effective date of this subsection.

SB565,,178 (end)