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L BOOK 109 FAGt i Staff requests consideration of the information contained in the attached memorandum at the April 27, 1999, regular meeting of the Board of County Commissioners. Recommendation Staff recommends Board approval to add the County Attorney and the Executive Aide to the Board to the Senior Management Service Class of the Florida Retirement System. „ APR 1999 TO: James Chandlery ADMINISTRATORS County Administrator `s OFFICE FROM: Ro&er Personnel Director 1F0�6�Q2 DATE: April 15, 1999 SUBJECT: Senior Management Service Class - Florida Retirement System In response to the discussion we had yesterday regarding the Florida Retirement System's Senior Management Service Class (SMSC), the following is a more in-depth explanation of at -will employment, the steps involved to designate a position to the SMSC, and a comparison of the benefits provided in the Regular Class and SMSC. First of all, in speaking again with Hobart Lawrence, Benefits Program Supervisor at the Division of Retirement, he concurred with my definition of an at -will employee as being an employee who can be terminated at the will of the employer for good cause, bad cause, or no cause at all as long as it is not unlawful. An at -will employee cannot be terminated because of his race, religion, age, sex, etc. Employment at -will is common in the private sector, but employees in the public sector have the protection of the 5th and 14th Amendments of the Constitution and typically cannot be terminated without just cause. This protection is addressed in section AM -807.1 ofthe County's Administrative Policy Manual, Comment No. 1, which states: "Due Process": This policy recognizes that public employees' expectation of continued employment is a property right. As such, the employee is entitled to the Due Process elements of the Fourteenth Amendment to the U.S. Constitution. The employer provides due process in any suspension or termination action for cause and any appeal process from a suspension or termination decision for disciplinary reams. Employees who are appointed by an elected officer(s) are an exception to the rule. They are not protected by the Constitution and are considered at -will employees. Indian River County has three at -will employees; they are the County Administrator, County Attorney, and Executive Aide to the Board. One of the criteria for designating a position to the SMSC is that the position must be filled by an employee who is not subject to a continuing contract who serves at the pleasure of the employer without will service protection. In other words, the position must be filled by an at -will employee. Also, the position must head an organizational unit or have responsibility to effect or recommend personnel, budget, expenditure, or policy decisions in his/her areas of responsibility, and the position APRIL 27, 1999 24 0 0