Senate Bill sb2220

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    Florida Senate - 2006        (NP)                      SB 2220

    By Senator Alexander





    17-1691-06                                              See HB

  1                      A bill to be entitled

  2         An act relating to Okeechobee County; providing

  3         for career service for employees of the

  4         Okeechobee County Sheriff's Office; providing

  5         for application of the act, permanent status of

  6         employees, suspension or dismissal, transition

  7         of career service employees, and

  8         administration; providing for a procedure with

  9         respect to complaints against employees;

10         providing for ad hoc career service appeal

11         boards and membership and responsibilities

12         thereof; providing for a disciplinary procedure

13         and for appeals; providing for status as

14         permanent employees; prohibiting certain

15         actions to circumvent the act; providing an

16         effective date.

17  

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

19  

20         Section 1.  Employees of the Okeechobee County

21  Sheriff's Office; applicability of the act; permanent status

22  of employees; administration.--

23         (1)  APPLICABILITY.--The provisions of this act shall

24  apply to all full-time sworn and civilian persons in the

25  employ of the Okeechobee County Sheriff's Office. The

26  provisions of this act do not apply to the sheriff,

27  undersheriff, special deputies appointed pursuant to section

28  30.09(4), Florida Statutes, members of the sheriff's

29  reserve/auxiliary units, or persons appointed as part-time

30  deputy sheriffs as defined by the Criminal Justice Standards

31  and Training Commission, unless any such person is also

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    Florida Senate - 2006        (NP)                      SB 2220
    17-1691-06                                              See HB




 1  employed full time by the Okeechobee County Sheriff's Office.

 2  As used in this act, the terms "employee," "employ," and

 3  "employment" refer to all persons, whether employed or

 4  appointed, to whom the act applies. It is not, however, the

 5  intent of this act to grant the right of collective bargaining

 6  to persons in the employ of the Okeechobee County Sheriff's

 7  Office who do not otherwise have that right pursuant to law.

 8         (2)  PERMANENT STATUS; CAUSE FOR SUSPENSION OR

 9  DISMISSAL.--

10         (a)1.  When an employee of the sheriff to whom the

11  provisions of this act apply has served in such employment for

12  a period of 1 calendar year, the employee shall have attained

13  permanent status in the Okeechobee County Sheriff's Office;

14  however, if an employee is placed on disciplinary probation

15  for a period of 6 months or more or is terminated and rehired

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

17  calendar year of service from the date of the disciplinary

18  action or rehire before being granted permanent status. The

19  term "career service employee" as used in this act means an

20  employee who has successfully completed his or her

21  probationary period.

22         2.  Any employee who is required to serve a

23  probationary period attendant to a promotion shall retain

24  permanent status in the Office of the Sheriff but may be

25  returned to his or her prior rank during such probationary

26  period without the right of appeal as provided in section 2.

27  For the purpose of determining career service status as

28  defined in this act, all time in the employment of the Office

29  of the Sheriff while in a Criminal Justice Standards and

30  Training Commission-approved academy or other comparable

31  training for certification as a sworn officer or deputy

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    Florida Senate - 2006        (NP)                      SB 2220
    17-1691-06                                              See HB




 1  sheriff shall not be counted or considered in any manner in

 2  determining whether the employee has attained 1 calendar year

 3  of minimum service.

 4         (b)  Any employee who has achieved career service

 5  status with the Okeechobee County Sheriff's Office may only be

 6  suspended or dismissed for cause, provided that, prior to such

 7  action, the employee has been furnished written notice of the

 8  proposed action and has been offered an opportunity to respond

 9  to the reasons for the suspension or dismissal. In

10  extraordinary situations, however, such as when delay could

11  result in damage or injury to property or persons, an employee

12  may be suspended or dismissed immediately and then be provided

13  notice thereof and reasons therefor within 24 hours or as soon

14  as is practicable if circumstances surrounding such

15  extraordinary situation make notice within 24 hours

16  impracticable. "Cause for suspension or dismissal" includes,

17  but is not limited to, negligence, inefficiency or inability

18  to perform assigned duties, insubordination, violation of

19  provisions of law or office rules, conduct unbecoming a public

20  employee, misconduct, alcohol abuse, prescription drug abuse,

21  or illegal drug use. "Cause for suspension or dismissal" also

22  includes, but is not limited to, adjudication of guilt by a

23  court of competent jurisdiction, a plea of guilty or of nolo

24  contendere, or a verdict of guilty when adjudication of guilt

25  is withheld and the accused is placed on probation with

26  respect to any felony, misdemeanor, or major traffic

27  infraction charges.

28         (3)  TRANSITION OF CAREER SERVICE EMPLOYEES.--When a

29  newly elected or appointed sheriff assumes office, the new

30  sheriff shall continue the employment of all currently

31  employed career service personnel unless cause for dismissal,

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    Florida Senate - 2006        (NP)                      SB 2220
    17-1691-06                                              See HB




 1  as provided in this section, exists. The sheriff shall have

 2  the right to replace persons serving in the rank of captain or

 3  above, including the executive secretary, with new personnel

 4  of the sheriff's choosing. The sheriff shall have the right to

 5  offer these persons any position that the sheriff chooses or

 6  to cease their employment with the department. The current

 7  employees holding the rank of lieutenant who are career

 8  service employees may be reduced to the next lowest rank at

 9  the current maximum pay step, which rank shall be permanent

10  unless later reduced by disciplinary demotion or increased

11  through subsequent promotion. Their regular base salaries may

12  be reduced or increased accordingly. Actions taken pursuant to

13  this subsection affecting the undersheriff, colonels, majors,

14  directors, or their executive staff equivalents shall not be

15  appealable under this act. Dismissals or demotions pursuant to

16  across-the-board actions directed by the Okeechobee County

17  Board of Commissioners, resulting from county fiscal impacts,

18  shall not be appealable under the provisions of section 2.

19         (4)  ADMINISTRATION.--The sheriff shall have full

20  authority to adopt such rules, regulations, and procedures

21  necessary for the administration and implementation of this

22  act. However, nothing in this act shall be construed as

23  affecting the budget-making powers of the Okeechobee County

24  Board of Commissioners.

25         Section 2.  Career service appeal boards; creation;

26  membership; duties.--

27         (1)  FUNCTION OF BOARDS.--Ad hoc career service appeal

28  boards shall be appointed as provided in this section for the

29  purpose of hearing appeals of career service employees arising

30  from personnel actions brought under the rules, regulations,

31  or policies of the Office of the Sheriff which result in

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    Florida Senate - 2006        (NP)                      SB 2220
    17-1691-06                                              See HB




 1  dismissal, suspension, demotion, or reduction in pay. Lateral

 2  transfers, shift changes, oral or written reprimands, and

 3  suspensions of 3 working days or fewer shall not be appealable

 4  to a career service appeal board. However, no more than one

 5  such suspension may occur within 1 calendar year without the

 6  right to appeal. The scope of a career service appeal board is

 7  limited to disciplinary proceedings and termination actions. A

 8  career service appeal board shall have the authority to

 9  conduct hearings and make findings of fact and recommendations

10  to the sheriff. The sheriff shall not be bound by the findings

11  or recommendations of such boards but shall consider them in

12  making his or her final decision.

13         (2)  MEMBERSHIP AND RESPONSIBILITY OF CAREER SERVICE

14  APPEAL BOARD.--

15         (a)  A career service appeal board shall consist of

16  three members of the Office of the Sheriff. The sheriff shall

17  select one member; the employee requesting the hearing shall

18  select one member; and these two members shall select the

19  third member, who must hold the rank of lieutenant or above,

20  to serve as chairperson. Each selected member shall have the

21  right to decline to serve.

22         (b)  All members of the career service appeal board

23  shall be selected on the basis of fairness, objectivity, and

24  impartiality. The board shall have no investigative powers and

25  shall function in the capacity of a fact finder in an effort

26  to arrive at a fair and equitable recommendation in all

27  matters brought before it. Selected members shall have no

28  involvement with the issues under consideration. Membership of

29  the board is voluntary and is without remuneration. Members

30  may not discuss matters to be heard before the board until the

31  

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    Florida Senate - 2006        (NP)                      SB 2220
    17-1691-06                                              See HB




 1  board convenes and then they may only discuss such matters

 2  during the officially convened sessions of the board.

 3         (c)  The career service appeal board chairperson shall

 4  have the responsibility to:

 5         1.  Chair all meetings using parliamentary rules of

 6  order.

 7         2.  Request that the employee provide the names of any

 8  witnesses.

 9         3.  Schedule and provide written notification of all

10  meetings to the witnesses, board members, and the employee.

11         4.  Provide copies of all charges to board members.

12         5.  Ensure compliance with hearing procedures.

13         (3)  PROCEDURE WITH RESPECT TO HEARINGS.--

14         (a)  Any career service employee may request a hearing

15  before a career service appeal board for any appealable

16  disciplinary action of his or her superiors that adversely

17  affects his or her employment.

18         (b)  A request for a hearing shall be made in writing

19  to the employee's immediate supervisor within 10 working days

20  after notice of appealable disciplinary action. The request

21  shall contain a brief statement of the matters to be

22  considered by the board and the name of the employee selected

23  to be a member of the board.

24         (c)  The immediate supervisor shall forward the hearing

25  request to the sheriff and the appropriate division commander

26  without delay. A career service appeal board shall be

27  impaneled and a hearing date scheduled by the sheriff within

28  10 working days after receipt of the request for a hearing

29  unless waived in writing by the employee.

30         (d)  The employee and his or her representative have

31  the right to be present and to present any relevant evidence

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    Florida Senate - 2006        (NP)                      SB 2220
    17-1691-06                                              See HB




 1  on the employee's behalf. During such hearings, the technical

 2  rules of evidence shall not apply. Neither the employee nor

 3  his or her representative may disrupt the proceedings. The

 4  qualification of disruptive conduct shall be at the exclusive

 5  determination of the chairperson of the career service appeal

 6  board.

 7         (e)  The employee shall not discuss the circumstances

 8  of the matter being brought before the board except through

 9  the chairperson.

10         (f)  All witnesses shall be notified in writing by the

11  chairperson of the board, through the appropriate chain of

12  command, of the date and time of the convening of the career

13  service appeal board. Nonemployee witnesses may be called to

14  appear before the board only at the request of the board.

15         (g)  The board shall have the power to issue subpoenas

16  upon request of any party or upon its own motion.

17         (4)  CONDUCT OF HEARING.--

18         (a)  Career service appeal boards are designed to

19  determine the truth while maintaining an atmosphere of

20  fundamental fairness and shall not be controlled by civil or

21  criminal rules of procedure.

22         (b)  Board members may receive verbal or written

23  testimony concerning any matter considered relevant by the

24  board. The board may review any record, including, but not

25  limited to, performance evaluations and disciplinary files.

26         (c)  Employees and their representatives shall have

27  opportunity to present evidence, conduct cross-examination,

28  and submit rebuttal evidence.

29         (5)  FINDINGS AND RECOMMENDATIONS OF THE CAREER SERVICE

30  APPEAL BOARD.--

31  

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    Florida Senate - 2006        (NP)                      SB 2220
    17-1691-06                                              See HB




 1         (a)  Each complaint shall receive a separate finding

 2  and recommendation by a majority of the board. Each finding

 3  shall consider the seriousness of the complaint, any

 4  extenuating circumstances, the tenure of the employee, and the

 5  employee's past conduct record. The board shall submit to the

 6  sheriff its written findings of fact and recommendations

 7  within 5 days after the hearing.

 8         (b)  The board may place before the sheriff any

 9  recommended disposition that the board believes may be of

10  benefit to the Office of the Sheriff, including, but not

11  limited to, oral or verbal reprimand, suspension, reduction of

12  rank, termination of employment, sustention or reversal of the

13  original decision, or recommendation of a more severe

14  disposition.

15         (c)  The sheriff shall review the findings and

16  recommendations of the career service appeal board and may

17  either approve or disapprove them. The sheriff has the sole

18  discretion to overrule the findings of the board.

19         (d)  The sheriff shall notify the employee of the final

20  results of the career service appeal board and the reasons

21  therefor.

22         (e)  In the event the employee is exonerated, the

23  employee shall be reinstated without prejudice or penalty.

24         (f)  When summary discipline is imposed by any

25  supervisor, the sheriff may order a career service appeal

26  board to convene and review the action of the supervisor.

27         (g)  All proceedings of the board shall be retained by

28  the Human Resources Department of the Office of the Sheriff.

29         (h)  All associated reports, paperwork, and personnel

30  action taken as a result of the appeal shall be retained by

31  the Human Resources Department of the Office of the Sheriff.

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    Florida Senate - 2006        (NP)                      SB 2220
    17-1691-06                                              See HB




 1         Section 3.  (1)  All sworn and civilian persons in the

 2  employ of the Okeechobee County Sheriff's Office on the

 3  effective date of this act who have served for a period of 1

 4  calendar year or more as of such date shall be permanent

 5  employees subject to the provisions of this act. All other

 6  employees shall become permanent employees subject to the

 7  provisions of this act upon reaching their 1-calendar-year

 8  service anniversary date.

 9         (2)  No sworn or civilian employee of the Okeechobee

10  County Sheriff's Office shall be discharged; disciplined;

11  demoted; denied promotion, transfer, or reassignment; or

12  otherwise discriminated against in regard to his or her

13  employment or appointment, or be threatened with any such

14  treatment, by reason of his or her exercise of the rights

15  granted by this act.

16         Section 4.  This act shall take effect upon becoming a

17  law.

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