HB 0601 2004
1	A bill to be entitled
2	An act relating to Palm Beach County; amending chapter 93-
3	367, Laws of Florida, as amended; revising provisions
4	relating to employees of the Palm Beach County Sheriff;
5	revising the definition of "career service employee" and
6	providing restrictions for reduction in rank of certain
7	employees; providing applicability; specifying rights of
8	such employees; revising procedures for appeal of
9	disciplinary actions and complaints against employees;
10	revising provisions for the appointment of boards to hear
11	appeals and procedures with respect thereto; revising
12	provisions relating to monetary emoluments based on
13	performance; providing an effective date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1. Chapter 93-367, Laws of Florida, as amended, is
18	amended to read:
19	Section 1. Employees of the Palm Beach County Sheriff;
20	applicability of act; permanent status of employees; transition;
21	administration.--
22	(1) CAREER SERVICE EMPLOYEES.--The term "career service
23	employee" as used in this act shall mean those employees hired
24	at the entry level (nonsupervisory, nonmanagement position)who
25	have successfully completed their probationary period. Employees
26	who are hired directly into supervisory or management positions
27	below the rank of Major, or its civilian equivalent, must
28	complete 10 years of full-time service to be considered a career
29	service employee.Colonels, Majors, Directors, or their
30	executive staff equivalents promoted through the ranks (hired at
31	entry level and successfully completed probationary period as a
32	nonsupervisory, nonmanagement employee, and successfully
33	completed the probationary period in all successive promotions
34	through ranks in which the employee served)shall be considered
35	career service employees, and during any transition may only be
36	reduced to the rank of Captain or its civilian equivalent. The
37	sworn officer status and Florida Retirement System Special Risk
38	status of sworn staff may not be affected through actions taken
39	pursuant to this section. Colonels, Majors, Directors, Assistant
40	Directors, or their executive staff equivalents directly
41	appointed by the Sheriff laterally to those ranksmust have
42	completed 10 years of service in the appointed rank to be
43	considered career service employees. The Undersheriff shall at
44	no time be considered a career service employee. Career service
45	employees below the rank of Major or its civilian equivalent
46	shall not be subject to dismissal or demotion without just
47	cause.
48	(2) APPLICABILITY.--
49	(a) The provisions of this act shall apply to all
50	certified and noncertified persons in the employ of the Sheriff
51	of Palm Beach County, including deputy sheriffs. The provisions
52	of this act do not apply to the Sheriff, Undersheriff, special
53	deputies appointed pursuant to s. 30.09(4), Florida Statutes,
54	members of the Sheriff's posse, reserve units or persons
55	appointed as part-time deputy sheriffs, as defined by the
56	Criminal Justice Standards and Training Commission, unless any
57	such person is also employed full time by the Office of the
58	Sheriff. As used in this act, the terms “employee,” “employ,”
59	and “employment” refer to all persons, whether employed or
60	appointed, to whom the act applies.
61	(b) Nothing in this act shall be construed as affecting
62	the budget-making authority and power of the Palm Beach County
63	Board of County Commissioners.
64	(c) Approved and authorized reductions in staff shall be
65	accomplished on a seniority basis within the Office of the
66	Sheriff.
67	(3) CAREER SERVICE STATUS; CAUSE FOR SUSPENSION OR
68	DISMISSAL.--
69	(a) When an employee of the Sheriff to whom the provisions
70	of this act apply has served in such employment for a period of
71	1 calendar year from the date the employee first enters the
72	Sheriff's orientation program or the beginning of field
73	training, whichever comes first, such employee shall have
74	attained career service status in the Office of the Sheriff;
75	however, if an employee is placed on disciplinary probation for
76	a period of 6 months or more or is terminated and rehired at a
77	later date, the employee shall be required to complete 1
78	calendar year of service from the date of the disciplinary
79	action before being granted the right to appeal as provided in
80	section 2. Any employee who is required to serve a probationary
81	period attendant to a promotion shall retain permanent status in
82	the Office of the Sheriff, but may be returned to his or her
83	prior rank during such probationary period without the right of
84	appeal as provided in section 2. For the purpose of determining
85	career service status as defined by the provisions of this act,
86	all time in the employment of the Office of the Sheriff while in
87	the police academy or other comparable training for
88	certification as a sworn officer or deputy sheriff shall not be
89	counted or considered in any manner in determining whether the
90	employee has attained 1 calendar year of minimum service for
91	career service protection.
92	(b) Any employee who has achieved career service status in
93	the Office of the Sheriff may only be suspended or dismissed for
94	cause, provided that, prior to such action, the employee has
95	been furnished written notice of the proposed action and has
96	been offered an opportunity to respond to the reasons for the
97	suspension or dismissal. In extraordinary situations, however,
98	such as when delay could result in damage or injury, an employee
99	may be suspended or dismissed immediately and then provided
100	notice thereof and reasons therefor within 48 hours, or as soon
101	as is practical if circumstances surrounding such extraordinary
102	situation makes notice within 48 hours impractical. Cause for
103	suspension or dismissal includes, but is not limited to,
104	negligence, inefficiency, or inability to perform assigned
105	duties, insubordination, violation of provisions of law or
106	office rules, conduct unbecoming a public employee, misconduct,
107	proof of alcohol abuse, proof of abuse of prescription drugs, or
108	proof of use of illegal drugs. Cause for suspension or dismissal
109	also includes, but is not limited to, adjudication of guilt by a
110	court of competent jurisdiction, a plea of guilty or of nolo
111	contendere, or a verdict of guilty when adjudication of guilt is
112	withheld and the accused is placed on probation, with respect to
113	any felony, misdemeanor, or major traffic infraction. The filing
114	by a law enforcement agency of felony, misdemeanor, or major
115	traffic infraction charges against an employee or an arrest of
116	an employee for such infractions constitutes cause for
117	suspension.
118	(4) TRANSITION OF EMPLOYEES.--
119	(a) When a newly elected or appointed Sheriff assumes
120	office, the new Sheriff shall continue the employment of all
121	currently employed career service personnel unless cause for
122	dismissal, as provided herein, exists. The incoming Sheriff may
123	maintain the current staff personnel assigned to the position of
124	Undersheriff, Colonel, Major, Director, or their executive staff
125	equivalents. However, in the event that the incoming Sheriff
126	fills such positions with new personnel, the current occupants
127	of those positions who are career service employees shall be
128	reduced to no lower than the rank of Captain, or its equivalent,
129	which rank shall be permanent unless later reduced by
130	disciplinary demotion or increased through subsequent promotion.
131	Their regular base salaries may be reduced accordingly. Actions
132	taken pursuant to this subsection affecting the Undersheriff,
133	Colonels, Majors, Directors, or their executive staff
134	equivalents shall not be appealable under section 2.
135	(b) Dismissals or demotions pursuant to across-the-board
136	actions directed by the Palm Beach County Board of County
137	Commissioners, resulting from county fiscal impacts, shall not
138	be appealable under the provisions of section 2.
139	(5) ADMINISTRATION.--The Sheriff shall have the full
140	authority toadopt such rules, regulations, and procedures
141	necessary for the administration and implementation of this act.
142	The rules, regulations, and procedures shall meet or exceed
143	approved Standards of Accreditation for Law Enforcement
144	Agencies.
145	Section 2. Hearing review boards; function; membership;
146	procedures.--
147	(1) FUNCTION OF BOARDS.--Ad hoc hearing review boards
148	shall be appointed as provided herein for the purpose of hearing
149	appeals of career service employees arising from personnel
150	actions brought under the rules, regulations, or policies of the
151	Office of the Sheriff which result in dismissal, suspension,
152	demotion, or reduction in pay. Lateral transfers, shift changes,
153	reprimands, oral or written, and suspensions of 2 working days
154	or less shall not be appealable to the board; however, no more
155	than one such action of suspension may occur within 1 calendar
156	year without the right to appeal. The scope of the review board
157	is limited to disciplinary proceedings and termination actions.
158	Review boards have the authority to conduct hearings and make
159	findings of fact and recommendations to the Sheriff. The Sheriff
160	shall not be bound by the findings or recommendations of such
161	boards, but will consider them in making his or herfinal
162	decision. Except in the case of termination, the decision of the
163	Sheriff is final and not appealable within the office.
164	(2) MEMBERSHIP AND RESPONSIBILITY OF BOARD.--
165	(a) The Hearing Review Board shall consist of five members
166	of the Office of the Sheriff. The Sheriff shall select two
167	members, with at least one member above the rank of Lieutenant
168	to serve as the board chairperson. Two members shall be selected
169	by the employee requesting the hearing. The fifth member shall
170	be selected by the other four members. Each selected member
171	shall have the right to decline to serve.
172	(b) All members of the Hearing Review Board shall be
173	selected on the basis of fairness, objectivity, and
174	impartiality. The board shall have no investigative powers and
175	shall function in the capacity of a fact finder in an effort to
176	arrive at a fair and equitable recommendation in all matters
177	brought before it. Selected members shall have no involvement
178	with the issues under consideration. Membership on ofthe board
179	is not mandatory voluntary and without remuneration. Members
180	will not discuss matters to be heard before the board until the
181	board convenes and then may only discuss said matters during the
182	officially convened sessions of the board.
183	(c) The Hearing Review Board chairperson shall have the
184	responsibility to:
185	1. Chair all meetings utilizing parliamentary rules of
186	order.
187	2. Convene an organizational meeting of the board to
188	select a fifth member.
189	3. Request that the employee provide the names of any
190	witnesses.
191	4. Schedule and provide written notification of all
192	meetings to the Internal Affairs Bureau, witnesses, board
193	members, and employees.
194	5. Provide copies of all charges to board members.
195	6. Ensure compliance with hearing procedures.
196	(3) PROCEDURE WITH RESPECT TO HEARINGS.--
197	(a) Any career service employee may request a hearing
198	before the Hearing Review Board for any appealable disciplinary
199	action of his or her superiors which adversely affects his or
200	heremployment.
201	(b) Requests for a hearing shall be made in writing to the
202	employee's immediate supervisor within 10 working days of notice
203	of appealable disciplinary action. The request shall contain a
204	brief statement of the matters to be considered by the board and
205	the names of the two employees selected to be members of the
206	board.
207	(c) The immediate supervisor shall forward the hearing
208	request to the Sheriff and the appropriate division commander
209	without delay. The Hearing Review Board will be impaneled and a
210	hearing date will be scheduled by the Sheriff within 10 working
211	days of receipt.
212	(d) Legal questions or case law must be submitted to the
213	chairperson 10 days before the board convenes.
214	(e) The employee and his or her representative have has
215	the right to be present, to present the employee's hiscase, to
216	explain or defend, and to cross examine all witnesses and
217	complainants, provided that neither the employee nor his or her
218	representative shall disrupt the proceedings. The qualification
219	of disruptive conduct shall be in the exclusive determination of
220	the chairperson of the Hearing Review Board.
221	(f) The employee has the right to be represented during
222	the hearing by counsel or other representative of choice who
223	shall serve as an observer and advisor to the employee. If the
224	employee elects to be represented by counsel or other
225	representative, the employee must be present throughout the
226	hearing and must The representative may notactively participate
227	in the proceedings.
228	(g) The employee shall not discuss the circumstances of
229	the matter being brought before the board except through the
230	chairperson.
231	(h) All witnesses shall be notified in writing of the date
232	and time of the Hearing Review Board through the appropriate
233	chain of command by the chairperson of the board. Written
234	statements from nonemployee witnesses should be used in lieu of
235	personal appearance. Nonemployee witnesses should only be called
236	to appear before the board at the request of the board.
237	(4) CONDUCT OF HEARING.--
238	(a) Hearing review boards are designed to determine the
239	truth while maintaining an atmosphere of fundamental fairness
240	and shall not be controlled by civil or criminal rules of
241	procedure.
242	(b) Board members are authorized to receive verbal or
243	written testimony concerning any matter considered relevant by
244	the board. The board may review any record, including, but not
245	limited to, performance evaluations and disciplinary files.
246	(c) Employees and their representativesshall have an
247	opportunity to present evidence, conduct cross examination, and
248	submit rebuttal evidence, and present opening and closing
249	statements.
250	(5) FINDINGS AND RECOMMENDATIONS OF THE REVIEW BOARD.--
251	(a) Each complaint shall receive a separate finding and
252	recommendation by the majority of the board. Each finding shall
253	consider the seriousness of the complaint, any extenuating
254	circumstances, the tenure of the employee, and past conduct
255	record. The board shall submit to the Sheriff its written
256	findings of fact and recommendations within 5 days after the
257	hearing.
258	(b) The board may place before the Sheriff any recommended
259	disposition that the board believes may be of benefit to the
260	Office of the Sheriff, including, but not limited to: oral or
261	verbal reprimand; suspension; reduction of rank; termination of
262	employment; sustaining or reversing the original decision; or
263	recommending a more severe disposition.
264	(c) The Sheriff will review the findings and
265	recommendations of the board and may either approve or
266	disapprove them. The Sheriff has the sole discretion to overrule
267	the findings of the board.
268	(d) The Sheriff will notify the employee of the final
269	results of the Hearing Review Board and the reasons therefor.
270	(e) In the event the employee is exonerated, the employee
271	shall be reinstated without prejudice or penalty.
272	(f) When summary discipline is imposed by any supervisor,
273	the Sheriff may order a board to convene and review the action
274	of the supervisor.
275	(g) Except for termination, there shall be no further
276	appeals within the Office of the Sheriff. Terminations may be
277	appealed to the Termination Review Board.
278	(h) All proceedings of the board shall be recorded and
279	retained by the Internal Affairs Bureau. Rest periods shall be
280	duly noted and there shall be no unrecorded questions or
281	statements by any parties or witnesses. Recordings shall be
282	properly marked and identified prior to filing.
283	(i) All associated reports, paperwork, and personnel
284	action taken as a result of the Hearing Review Board shall be
285	retained by the Internal Affairs Bureau.
286	(6) TERMINATION REVIEW BOARD.--
287	(a) In the event of termination, the employee may request
288	that the termination decision be resubmitted to the board which
289	originally heard the appeal within 10 days of notice of
290	termination.
291	(b) Upon review of their original recommendation and the
292	Sheriff's rationale for termination, the board may uphold or
293	reverse the decision of the Sheriff, provided that any reversal
294	shall require at least four members of the board voting to
295	reverse. The reversal shall be binding upon the Sheriff, who
296	shall reinstate the employee within 72 hours of the board's
297	reversal. The board's original findings and decisions regarding
298	discipline shall also be binding upon the Sheriff.
299	(c) In the event the termination is based upon criminal
300	charges, the charges must be disposed of prior to a
301	determination by the Termination Review Board.
302	Section 3. Preservation of employment benefits and
303	emoluments.--
304	(1) The provisions of this section shall apply to all
305	certified and noncertified persons in the employ of the Sheriff
306	of Palm Beach County, including deputy sheriffs, as specified in
307	section 1(2)(a) of chapter 93-367, Laws of Florida, except that
308	this section shall not apply to those employees beyond the rank
309	of Captain or its civilian equivalent.
310	(2) Existing employer-paid benefits and emoluments for
311	active and retired employeeswith regard to the pay plan,
312	longevity plan, tuition-reimbursement plan, career-path program,
313	health insurance, life insurance, and disability benefits may
314	not be substantiallyreduced, except in the case of exigent
315	operational necessity, except all moneys which would have been
316	allocated to longevity pay for those at the rank of captain or
317	its civilian equivalent shall be disbursed in accordance with
318	objective performance-related criteria. The objective
319	performance-related criteria shall take into consideration input
320	from a committee including those at the rank of captain or its
321	civilian equivalent.
322	(3) Nothing in this act shall preclude the Sheriff from
323	enhancing those benefits and emoluments for active and retired
324	employees and appointeesof the Palm Beach County Sheriff's
325	Office.
326	(4) Nothing in this act shall be construed as affecting
327	the budget-making authority and power of the Palm Beach County
328	Board of County Commissioners.
329	Section 2. This act shall take effect upon becoming a law.