Senate Bill sb0620

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    Florida Senate - 2002                                   SB 620

    By Senator Saunders





    25-54A-02

  1                      A bill to be entitled

  2         An act relating to correctional officers;

  3         creating s. 943.105, F.S.; creating the "Job

  4         Protection for State Correctional Officers

  5         Act"; providing for certain employment appeals

  6         to a complaint review board; providing for a

  7         definition of just cause; providing for the

  8         creation of ad hoc complaint review boards;

  9         providing for the function of such boards;

10         providing for membership; providing procedures

11         with respect to appeals; providing an effective

12         date.

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14  Be It Enacted by the Legislature of the State of Florida:

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16         Section 1.  Section 943.105, Florida Statutes, is

17  created to read:

18         943.105  Job Protection for State Correctional Officers

19  Act; appeals; complaint review board; procedures.--

20         (1)  This section may be cited as the "Job Protection

21  for State Correctional Officers Act."

22         (2)  Notwithstanding any other law, in lieu of using

23  any career service procedure or protection in effect on

24  January 1, 2002, a nonprobationary correctional officer of the

25  rank of captain or below who is certified under chapter 943

26  and employed full-time by a state agency, or a nonprobationary

27  correctional probation officer of the rank of senior

28  supervisor or below who is certified under chapter 943 and

29  employed full-time by a state agency, may, at his or her sole

30  discretion, appeal certain adverse employment actions to an ad

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    Florida Senate - 2002                                   SB 620
    25-54A-02




  1  hoc complaint review board established by the Department of

  2  Corrections in accordance with the following criteria:

  3         (a)  A state correctional officer or state correctional

  4  probation officer who has permanent status may only be

  5  suspended or dismissed for cause. Cause shall include, but not

  6  be limited to, negligence, inefficiency or inability to

  7  perform assigned duties, insubordination, willful violation of

  8  law or agency rules, conduct unbecoming a public employee,

  9  misconduct, habitual drug abuse, or conviction of any crime

10  involving moral turpitude.

11         (b)  Ad hoc complaint review boards shall be appointed

12  as provided in this section for the purpose of hearing appeals

13  of permanent employees arising from personnel actions that

14  result in dismissal, suspension, demotion, transfer, or

15  reduction in pay. Reprimands, oral or written, and suspensions

16  of 4 working days or less are not appealable to a board.

17  However, not more than one such action of suspension may occur

18  within 1 calendar year without the right to appeal, regardless

19  of the length of suspension.

20         (c)1.  Membership of each board shall consist of five

21  state correctional officers or, in the case of correctional

22  probation officers, five state correctional probation officers

23  who are assigned within the county of the officer's

24  employment. Two members shall be selected by the Department of

25  Corrections, two members shall be selected by the employee

26  filing the appeal, and the fifth member, who shall serve as

27  chairperson of the board, shall be selected by the four

28  members, with the concurrence of the department and the

29  employee requesting the hearing. Any person shall have the

30  right to decline to serve as a member of the board, and

31  persons selected to serve on the board shall serve without

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    Florida Senate - 2002                                   SB 620
    25-54A-02




  1  additional compensation or overtime compensation with respect

  2  to such service. Once selected to a board, the members shall

  3  serve until final action is taken by the board with respect to

  4  the purpose for which the board was selected, at which time

  5  the board shall be dissolved.

  6         2.  If the chairperson, or fifth member, cannot be

  7  agreed upon within 10 working days after the appeal is

  8  submitted, the parties shall jointly request the Federal

  9  Mediation and Conciliation Service to furnish a panel of seven

10  names from which each party shall have the option, within 5

11  days after receipt, of striking three names in alternating

12  fashion. The seventh or remaining name shall serve as the

13  chairperson. The parties shall jointly notify the arbitrator

14  of his or her selection. Either party may object to all names

15  on the list if the objection is made prior to the commencement

16  of the striking process. If this occurs, the objecting party

17  may request the Federal Mediation and Conciliation Service to

18  furnish another list of arbitrators. No more than two lists

19  may be requested. The costs of the arbitrator shall be shared

20  equally by the parties.

21         (d)1.  An appeal of an action specified in paragraph

22  (a) shall be made to the Secretary of Corrections in writing,

23  and must be received by the department no later than 14

24  calendar days after the employee is notified of the action on

25  which the appeal is based.

26         2.  A complaint review board shall be selected and must

27  meet for purposes of hearing the appeal no later than 30

28  working days after the selection of the chairperson of the

29  board unless the time limit is extended by the board or with

30  the mutual agreement of the parties to the proceeding.

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    Florida Senate - 2002                                   SB 620
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  1         3.  During any hearing, the employee filing the appeal

  2  shall have the right to be heard publicly, to be represented

  3  by a person of his or her choice, and to present any

  4  evidential facts in his or her behalf, and during such

  5  hearings the technical rules of evidence do not apply. The

  6  board shall, in the conduct of such hearings, have the power

  7  to administer oaths; issue subpoenas; compel the attendance of

  8  witnesses; and require the production of books, records,

  9  accounts, papers, documents, and testimony. In case of refusal

10  of any person to comply with an order of the board or a

11  subpoena issued by the board, or upon the refusal of a witness

12  to testify on any matter regarding which he or she may be

13  lawfully interrogated, a county judge of the county in which a

14  person resides, upon application of a member of the board,

15  shall compel obedience by proceeding as for contempt. Each

16  witness who appears in obedience to a subpoena before the

17  board shall receive compensation for attendance fees and

18  mileage as provided for witnesses in civil cases in the courts

19  of this state. Such payments shall be made by the party

20  calling the witness, except that with respect to any witnesses

21  called by the board, payments shall be made by the department

22  upon presentation of proper vouchers and approval by three

23  members of the board.

24         4.  The department shall bear the burden of

25  establishing that the adverse personnel action was for just

26  cause by a preponderance of the evidence and that the

27  discipline imposed was appropriate under the circumstances.

28         5.  A board shall by majority vote dispose of the

29  appeal for which it was appointed by making findings of fact

30  and issuing a written decision. Such decision shall sustain or

31  not sustain the action being appealed. If an action by the

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    Florida Senate - 2002                                   SB 620
    25-54A-02




  1  department is not sustained by a board, the board shall order

  2  such remedial action as is appropriate, which may include

  3  reinstatement with back pay, and may modify any personnel

  4  action that was the subject of the appeal. A board may not

  5  impose on an employee any penalty that is harsher than that

  6  which formed the basis of the appeal.

  7         6.  The decision of the board is final and binding on

  8  the employee and the Department of Corrections.

  9         Section 2.  This act shall take effect upon becoming a

10  law.

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12            *****************************************

13                          SENATE SUMMARY

14    Creates the "Job Protection for State Correctional
      Officers Act." Provides for the creation of ad hoc
15    complaint review boards for the purpose of hearing
      appeals of permanent state employees who are correctional
16    officers or correctional probation officers from
      personnel actions that result in dismissal, suspension,
17    demotion, transfer, or reduction in pay. (See bill for
      details.)
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