HB 0601

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

CODING: Words stricken are deletions; words underlined are additions.