Bill Text: HB 0771

HB 0771

2004

A bill to be entitled

An act relating to Columbia County; providing for career

service for members of the Columbia County Sheriff's

Office; providing for application of the act, career

status of members, and administration; providing for a

procedure with respect to complaints against members;

providing for appeals; providing for certain protections

during the transition of a new Sheriff; providing for a

Career Service Appeal Board; providing for status as

career members; prohibiting certain actions to circumvent

the act; providing for exclusions; providing severability;

providing an effective date.

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

Section 1. Members of the Columbia County Sheriff's

Office; applicability of the act; career status of the members;

administration.--

(1) APPLICABILITY.--

(a) The provisions of this act shall apply to all full-

time certified and noncertified persons in the employ of the

Columbia County Sheriff's Office except as specifically

described in section 6 of this act.

(b) As used in this act, the terms "member," "employee,"

"employ," and "employment" shall refer to all persons, whether

employed or appointed, to whom the act applies. It is not,

however, the intent of this act to grant any rights not

specifically stated in this act beyond the provisions of this

act to persons in the employ of the Columbia County Sheriff's

Office who do not otherwise have those rights pursuant to law.

(2) CAREER STATUS; CAUSE FOR TERMINATION OF EMPLOYMENT.--

(a) After a member of the Columbia County Sheriff's Office

to whom the provisions of this act apply has served in such

employment for a period of 1 calendar year and successfully

completed a probationary training program, such employee shall

have attained career status with the Columbia County Sheriff's

Office, provided that, if an employee is terminated and rehired

at a later date, said employee shall be required to complete 1

calendar year of service from the date of rehire before being

granted the right of appeal provided in section 4 of this act.

(b) Any employee who has achieved career status with the

Columbia County Sheriff's Office may only be terminated for just

cause, provided that prior to such action the employee shall be

furnished written notice of the proposed action and offered an

opportunity to respond to the reasons for the termination.

However, in situations in which delay could result in damage or

injury, an employee may be relieved of duty immediately and

provided notice thereof and reasons therefor within 24 hours.

that may result in termination of employment shall include

violation of the provisions of law or office rules or direct

violation of published Sheriff's Office policy.

(d) Just cause for initiating an internal investigation

shall also include, with respect to any felony or misdemeanor,

adjudication of guilt by a court of competent jurisdiction, a

plea of guilty or of nolo contendere, or adjudication of guilt

withheld and the accused placed on probation.

(e) The filing of felony or misdemeanor charges by the

state attorney against an employee shall constitute just cause

for initiating an internal investigation.

(3) TRANSITION OF CAREER SERVICE EMPLOYEES.--

(a) When a newly elected or appointed Sheriff assumes

office, the new Sheriff shall continue the employment of all

currently employed career personnel unless just cause for

termination of employment, as provided herein, exists. However,

the incoming Sheriff shall have the option of maintaining the

current personnel assigned to the positions of Lieutenant and

above, Executive Assistants, Executive Office Managers, and

Administrative Positions of Trust.

(b) Positions of Trust include the Comptroller, the

Director of Property Management, and Special Investigators

assigned and involved in conducting internal inquiries or

internal investigations.

Lieutenant and above, Executive Assistants, Executive Office

Managers, and Administrative Positions of Trust with new

personnel, the current occupants of those position may be

reduced to the next lower existing rank or civilian designation

and transferred to another assignment within the same division

except that those individuals' basic salaries may not be reduced

but remain frozen until "cost of living" or "across the board"

raises would authorize an increase.

(d) The new rank of the individuals shall be the permanent

rank of the individuals for a period of 6 months and then may be

later changed by independent disciplinary action.

(e) Initial actions taken pursuant to this subsection

affecting the Lieutenants and above and other Executive

Positions of Trust and within the guidelines of section 3 shall

not be subject to appeal under section 4.

(4) ADMINISTRATION.--

(a) The Sheriff shall have the authority to adopt such

rules and regulations as are necessary for the implementation

and administration of this act.

(b) The promulgation of rules and regulations related to

this act by the Sheriff are at his or her sole discretion;

however, nothing in this act shall be construed as affecting the

budget-making powers of the Board of County Commissioners of

Columbia County.

Section 2. Complaints against employees; procedure.--

100

(1) A complaint receipt and processing procedure shall be

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established in order to provide adequately for the prompt

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receipt, investigation, and disposition of complaints against

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members of the Columbia County Sheriff's Office. The complaint

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procedure shall reflect the provisions in section 112.532,

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Florida Statutes.

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(2) After written receipt of the disposition of the

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complaint, if an employee is dissatisfied with the decision of

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the Sheriff regarding disciplinary action resulting in

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termination of employment, the employee may appeal the action to

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the Career Service Appeal Board.

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Section 3. Disciplinary appeal procedure.--

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(1) An appeal of disciplinary action resulting in

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termination of employment shall result in the opportunity for a

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hearing before a Career Service Appeal Board as specified in

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said procedure.

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(2) Immediately following the hearing, the board shall

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report to the Sheriff via the Director of Human Resources or

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other person so designated by the Sheriff.

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Section 4. Career Service Appeal Board; creation;

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membership; duties.--

121

(1) FUNCTION OF BOARD.--

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(a) An ad hoc Career Service Appeal Board shall be

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appointed as provided herein for the purpose of hearing appeals

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from career employees brought under the provisions of this act

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or the Sheriff's Office rules or policies which result in

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termination of employment.

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(b) A board may also, upon the request of the Sheriff,

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provide assistance and advice to the Sheriff in matters

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concerning disciplinary actions and may take any other actions

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as authorized by the Sheriff.

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(2) MEMBERSHIP OF BOARD.--

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(a) When needed upon the call of the Sheriff or the filing

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of an appeal of a termination of employment, an ad hoc Career

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Service Appeal Board shall be appointed. The membership of each

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such board shall consist of two members selected by the Sheriff

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from among the certified law enforcement or correctional

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officers from within the Sheriff's Office who are assigned to

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the same division as the appealing member; two members selected

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by the employee filing the appeal from among the certified law

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enforcement or correctional officers within the Sheriff's Office

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who are members of the same division as the appealing member;

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and one member, who may be any qualified member currently

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employed by the Columbia County Sheriff's Office, selected by

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the other members of the board, who shall serve as chairperson.

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(b) If a noncertified member requests an appeal, the two

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members selected by the noncertified member must be certified

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members but may be selected from any division of the Sheriff's

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Office.

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Appeal Board, the Sheriff shall instruct Human Resources to

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compile a list of members who meet the requirements to serve on

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the board. This list shall be hand delivered to the Sheriff, who

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shall ensure that the list is delivered to the appealing member.

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(d) The appealing member shall have 7 calendar days from

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the date that the request for a hearing was delivered directly

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to the Sheriff, or to one of the Administrative Assistants in

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the Sheriff's office, to select two qualified members willing to

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serve as members of the board and deliver their names directly

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to Human Resources. If, within the 7-day period, the appealing

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member fails to submit the names of two qualified members as

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outlined in this paragraph and paragraphs (a) and (b) who have

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been contacted and are willing to serve, the option to be heard

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by a Career Service Appeal Board is procedurally waived and

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ceases to exist.

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(e) The Sheriff shall, within this same 7-day period,

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deliver to Human Resources the names of his or her two

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selections to serve as members of the board. If, within the 7-

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day period, the Sheriff fails to submit the names of two

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qualified members as outlined in this paragraph and paragraph

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(a), the action against the employee is procedurally waived and

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ceases to exist.

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(f) The four members shall then have 5 calendar days to

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select the fifth member from the list of remaining qualified

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members.

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(g) If an impartial chairperson cannot be agreed upon

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within 5 calendar days after the first four members are

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selected, the Sheriff shall deliver a list of current remaining

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qualified Sheriff's Office members to a judge from within the

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Third Circuit of the state, who shall, within 5 days, appoint a

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chairperson from the list.

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(h) The Sheriff may, on his or her own initiative, appoint

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a Career Service Appeal Board for the purpose of receiving,

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considering, and making a recommendation on matters related to

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the formation or streamlining of rules related to this act or to

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consider any other matter deemed appropriate by the Sheriff,

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excluding disciplinary termination of employment. If the issue

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to be under consideration involves a specific member of the

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Sheriff’s Office and may result in some disciplinary

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recommendation by the board, the Sheriff shall notify the

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individual and offer the opportunity for the individual to

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provide two members to the board to consider the specific

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question at issue. If no specific member is involved, the

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Sheriff shall appoint two members from the Civil Division and

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two members from the Criminal Division, and the Captain of the

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Administrative Division shall serve as the chairperson. A board

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appointed by initiative may only make recommendations.

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(3) HEARING TIME; DATE; COMPENSATION; CONSOLIDATION;

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EXCLUSIONS.--

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(a) Standardized dates and times of meetings shall be

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established by rule and shall occur during normal administrative

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office hours.

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(b) Members selected to serve on the board shall serve

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without additional compensation for meetings occurring during

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their normal work hours. For nonwork hours, compensatory time at

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the rate of 150 percent for the actual hours in session shall be

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credited to the member.

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serve until final action is taken with respect to the purpose

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for which the board was selected, at which time the board shall

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be dissolved.

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(d) A new Career Service Appeal Board shall be selected

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for each separate occurrence; however, multiple parties filing

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appeals on the same incident may request to be heard by a single

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board.

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(e)1. A person may not serve as a member of an ad hoc

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Career Service Appeal Board who:

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a. Is a member of a different division than the grieving

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member except as provided in paragraph (2)(b).

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b. Was involved in the original incident that resulted in

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the disciplinary process that is the subject of the appeal.

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c. Is related to the appellant.

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d. Is currently under investigation or suspension.

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e. Has any ongoing litigation against the Columbia County

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Sheriff's Office.

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f. Is on probation or have received discipline within the

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past year.

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2. Notwithstanding subparagraph 1., the fifth member may

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be from any division, and certified or noncertified, if he or

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she meets the other requirements.

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(4) PROCEDURE WITH RESPECT TO AN APPEAL.--

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(a) An appeal of an action specified in section 3 shall be

232

made to the Sheriff in writing and must be received by the

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Sheriff no later than 5 calendar days after the employee is

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notified of the action on which the appeal is based.

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(b) When a Career Service Appeal Board has been selected

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for purposes of hearing the appeal, the Sheriff shall publish

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and furnish notice to the appealing person of the date,

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location, and time of the hearing before the Career Service

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Appeal Board. In any case, the date of the hearing shall be

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within 10 calendar days, excluding weekends and holidays, after

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notification of the selection of the fifth member.

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agreement of the parties.

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(d) During the hearing, the employee filing the appeal

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shall have the right to be heard, to be represented by a person

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of his or her choice, and to present any relevant evidence on

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his or her behalf, and during the hearing the technical rules of

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evidence shall not apply.

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(e) The board shall, in the conduct of a hearing, have the

250

power to administer oaths, interview witnesses, and review

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books, records, accounts, papers, documents, prior statements,

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and investigative files related to the issue that are in the

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possession of or have been delivered to Human Resources a

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minimum of 24 hours prior to the beginning of the hearing. In

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any case, the board shall restrict its considerations and

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deliberations to the evidence presented at the hearing.

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(f) This board is not governed by the Administrative

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Procedure Act, as codified in chapter 120, Florida Statutes.

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(5) DISPOSITION WITH RESPECT TO A CAREER SERVICE APPEAL.--

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(a) The board shall, by majority vote, dispose of the

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appeal for which it was appointed by making a determination of

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just cause and issuing a written decision. Such decision shall

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be based upon the simple determination of a preponderance of

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evidence (51 percent). In the instance of an appeal to the board

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concerning a termination, the affirmative vote of four members

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of the board shall be required to overturn the Sheriff's

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decision to terminate. All members of the board must be present

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to conduct any official business of the board.

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(b) If the board does not sustain the action by the

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Sheriff, back pay and benefits shall be reinstated. No board

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shall have the authority to impose on any employee any penalty

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that is different than that which formed the basis of the

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appeal. If the board sustains the action of the Sheriff, it may

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also make a recommendation to the Sheriff to reconsider

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mitigating circumstances and reconsider the termination-of-

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employment action. The Sheriff shall review the determination of

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the board and consider its recommendation prior to imposition of

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final action.

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by paper ballot, shall be forwarded to the Sheriff.

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(d) This final decision of the board shall be binding on

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the employee and the Sheriff.

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(e) The Sheriff shall prepare, or cause to be prepared, an

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order and publish the final disposition of the appeal. The final

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disposition shall be binding on the employee and becomes a

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public record at that time.

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(f) The board hearing shall be open to the public,

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recorded, and preserved for the public record. After all

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materials are received and all witnesses heard, the chairperson

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shall declare the hearing completed for the purpose of beginning

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deliberations.

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(g) Official written minutes of the deliberations shall be

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kept by a clerical person and made part of the official record

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of the board.

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(h) The chairperson of the board shall have the authority

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to receive and consider written prehearing motions that shall be

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presented to the full board at the hearing. He or she shall

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preside over the hearing, enforce the decorum of the hearing,

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receive requests for breaks, convene the deliberations, and

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cause the removal of anyone attempting to disrupt any of the

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proceedings.

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Section 5. Upon enactment.--

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(1) INCLUDED INDIVIDUALS.--All full-time certified and

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noncertified persons in the employ of the Columbia County

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Sheriff's Office on the effective date of this act who have

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served for a period of 1 calendar year or more and successfully

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completed their probationary period as of such effective date of

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the act shall be career employees subject to the provisions of

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this act. All other full-time employees shall become career

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employees subject to the provisions of this act upon reaching

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their 1-calendar-year service anniversary date and successfully

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completing their probationary period.

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(2) CIRCUMVENTION.--

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(a) Promotions or demotions of members or creation of rank

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to circumvent the intent of this act shall be held as a valid

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reason to request the Sheriff to appoint a Career Service

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Appeals Board to consider the issue in question.

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(b) No certified or noncertified full-time employee of the

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Columbia County Sheriff's Office shall be discharged or

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discriminated against in regard to his or her employment or

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appointment, or threatened with any such treatment, by reason of

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his or her exercise of the rights granted by this act.

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Section 6. Exclusions.--

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(1) The career status provisions of this act shall not

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apply to the Sheriff; to Special Deputy Sheriffs appointed

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pursuant to section 30.09(4), Florida Statutes; to members

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employed pursuant to a grant whose continued existence or

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funding is subject to the expiration or withdrawal of the grant;

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to nondisciplinary termination of employment arising out of a

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reduction of force, layoff, or partial or total abolition or

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cessation of a program, service, operation, or department at the

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discretion of the Sheriff; to members of the Sheriff's Reserve

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Unit; or to individuals appointed as part-time Deputy Sheriffs,

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as defined by the Criminal Justice Standards and Training

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Commission, unless any such person is also employed full-time by

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the Columbia County Sheriff's Office.

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(2) This act shall not apply to an otherwise covered

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person who claims that a termination of employment was for

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lawful off-duty political activity. Claims of this nature are

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already covered under chapter 30, Florida Statutes.

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(3) This act shall not apply to an otherwise covered

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person who claims that a termination of employment was for

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discriminatory purposes. Claims of this nature are already

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covered under state and federal statutes.

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Section 7. Severability.--The provisions of this act shall

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be severable and, if any of the provisions shall be

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unconstitutional, the decision of the court shall not affect the

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validity of the remaining provisions. It is hereby declared to

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be the intent of the Legislature that this act would have been

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adopted had such unconstitutional provision not been included

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therein.

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Section 8. This act shall take effect upon becoming a law.