RULE NUMBERS: 3.304-ER (emergency rule adoption) and 3.304 (regular development), "Retention Agreement for Administrative Professional, Managerial, Confidential and Miscellaneous Personnel."

SUBJECT AREA TO BE ADDRESSED: Retention Agreements with certain classifications of employees who have key skill sets, e.g., related to the PeopleSoft ERP system.

PURPOSE AND EFFECT & SUMMARY OF THE PROPOSED RULE: This Rule will allow the School District to enter into Retention Agreements with certain classifications of employees who have key skill sets (e.g, certain employees related to the implementation of the PeopleSoft ERP system). These agreements will provide supplements as a means to retain their employment. The Policy includes a description of the method of selection for recipients; general parameters, terms, and standards for individual Retention Agreements; and a description of employment rights of the recipient.

SPECIFIC RULEMAKING AUTHORITY: Fla. Stat. §§ 215.425; 1001.41(2); 1001.42(5)(a), (23); 1001.43(11); 1012.22 (1); 1012.23(1).

LAWS IMPLEMENTED: Fla. Stat. § 1012.22 (1).

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY, OR WELFARE, NEEDING EMERGENCY RULE ADOPTION: The District has invested training and development in its employees in connection with the implementation of the PeopleSoft ERP system. The Rule will allow the District to encourage retention of these key employees critical to the successful business operations of the District with the PeopleSoft implementation, and thus avoid an immediate danger to the welfare of the public and District as to these important and significant functions. The Rule needs to be adopted as soon as possible due to the current risk of loss of these select individuals.

REASONS FOR CONCLUDING THAT THE PROCEDURE USED IS FAIR UNDER THE CIRCUMSTANCES: A notice is being published promptly in the newspaper and on the District’s Web site and by distribution to representatives of employee organizations, and to the schools, to inform the affected persons and the public; and the emergency adoption will occur at a public hearing with public notice.

CONTACT PERSON: Mark Mitchell, 3300 Forest Hill Blvd., West Palm Beach, FL 33406.

THE PRELIMINARY TEXT may promptly be obtained without cost from the School District's web site at www.SchoolBoardPolicies.com/revisions.htm .

UPON APPROVAL BY THE BOARD, THIS EMERGENCY RULE WILL TAKE EFFECT MAY 2, 2007 and will remain in effect up to 90 days, or until superseded by adoption of the regular rule before that date (substantially the same content will be developed through the regular rulemaking process, which should be completed within the 90 days).

PUBLIC HEARING NOTICE: Emergency adoption is anticipated to be considered at the School Board's Special Meeting on May 2, 2007, anticipated to begin about 3:35 p.m. (an approximate time, as the actual start time may vary earlier or later) in the Board Chambers at 3300 Forest Hill Blvd., West Palm Beach, Fla. Regular development of the Policy is anticipated to be considered at the School Board's Special Meeting on Policies on May 30, 2007, anticipated to begin at 4:00 p.m. (an approximate time, as the actual start time may vary earlier or later) in the Board Chambers at 3300 Forest Hill Blvd., West Palm Beach, Fla. A person may submit written comments (12 copies) about the proposed action to the Clerk no later than the time of the public hearing. Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this hearing is asked to advise the agency at least 48 hours in advance by contacting the Board clerk at 434-8139. These hearings are open to the public.

Publish: May 2, 2007