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..... '"J; , .... 002823 Senior Executive Service - continued Secondary criteria include the number and clas-' sification of subordinates, and the size of budget. Because the statute refers to "highest manage- ment level positions," the target group is inferred to be Management Profiles 13, 14 and 15. How- ever, it is unlikely that all of these positions will qualify. In turn, positions in other management profiles and equivalent classes may be nominated if the department's executive director believes that the positions are under-evaluated. The statute limits the number of SES managers to one half of one percent of the traditional clas- sified work force. The statute also requires that each position nominated for SES be audited by the Depart- ment of Personnel. The final decision on which positions are included in SES is made by the state personnel director, who will work closely with other department heads in reaching decisions. Employees in SES will continue to have the protections provided by the Colorado constitu- tion, which means that they may be terminated only for failure to comply with standards of efficient service or competence, or for willful misconduct, willful failure or inability to perform their duties, or final conviction of a felony or any other offense which involves moral turpitude. They will also have protections of the whistleblower and discrimination statutes. Viola- tions of these rights are appealable directly to the State Personnel Board. The State Personnel Board needs to adopt rules to implement the SES. The SES task force will present recommendations to the Board. . As proposed, a pre-disciplinary meeting (Rule 8-3-3(0)(1) meeting) must be held prior to termination. . In order to avoid precipitous action by a new director, another proposal to the Board will be that a 50-day "freeze" be placed on removal of SES managers for poor perfor- mance upon appointment of a new executive director, except in those cases where a manager's conduct is so flagrant or serious that immediate disciplinary action is essential. . As proposed to the Board, SES managers will not have the right to appeal non-discipli- nary actions which adversely affect pay, status or tenure or have the right to grieve. . Some additional rights for the first group of managers "grandfathered" into SES will be proposed to the State Personnel Board for adoption as rules. Managers who do not wish to move into SES with their positions have a right to another posi- tion within the same department. The intent is to work to place managers who choose not to move into SES in jobS without loss of payor classified status from where they are on Dec. 31, 1992, whether within the same depart- ment or another department, and to avoid bumping. A grandfathered SES manager may later choose to retum (retreat) to the traditional clas- sified service. Under proposed rules, a manager who is retreating for nonperformance-related reasons (e.g., family demands, health problems) would be placed in a newly-created or vacant position which is no lower in pay than Manage- ment Profile 11, step 7. A statutory amendment will be proposed which limits rights to retreat to the Traditional Service to three years. The initial SES salary will be determined by the manager's executive director, but as proposed would not be less than the manager's salary under the Traditional Service. Thereafter, an an- nual performance contract is agreed upon, and annual salary is negotiated by the executive director and the manager during the annual per- formance review process. The minimum salary for entry into SES will be 25 percent below, and the maximum salary will be 25 percent above, the statutory limit for the traditional classified pay lid. Some review process to maintain equity and consistency statewide may be necessary. Please contact your department head if you wish to review a copy of the criteria, performance contract, and proposed rules. Included is an implementation schedule detailing what remains to be done between now and the SES implementation date of Jan. 1,1993. Leaders'Digest Winter 1991 Page 2