| 1 | A bill to be entitled |
| 2 | An act relating to Polk County; amending chapter 88-443, |
| 3 | Laws of Florida, as amended; excluding certain positions |
| 4 | from the classified service of the Sheriff's Office of |
| 5 | Polk County; removing legislative intent; revising names |
| 6 | of units and titles of persons in the Sheriff's Office; |
| 7 | revising terminology; revising the effective date of |
| 8 | appointments to the personnel board; reducing the term of |
| 9 | the chairperson of the board; specifying the office and |
| 10 | departments from which members are elected to the Members |
| 11 | Nominating Committee; revising the effective date of the |
| 12 | initial probationary period; providing an effective date. |
| 13 |
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| 14 | Be It Enacted by the Legislature of the State of Florida: |
| 15 |
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| 16 | Section 1. Chapter 88-443, Laws of Florida, as amended by |
| 17 | chapter 98-516, Laws of Florida, is amended to read: |
| 18 | Section 1. The terms of this act shall apply to the |
| 19 | classified service of the Polk County Sheriff's Office, which |
| 20 | shall include all certified deputy sheriffs, certified detention |
| 21 | deputies, and noncertified support staff of the Polk County |
| 22 | Sheriff's Office. The provisions of this act shall not include |
| 23 | the sheriff or chief of staff, chief of detention, chief of law |
| 24 | enforcement, chief of criminal investigations, executive |
| 25 | director of the Office of Business Affairs under sheriff, |
| 26 | colonels, directors, legal advisors, personnel holding the rank |
| 27 | of major or above or equivalent noncertified support positions, |
| 28 | contract personnel, nonsalaried personnel, any special deputy |
| 29 | sheriff appointed pursuant to s. 30.09(4)(b), Florida Statutes, |
| 30 | members of the Mounted Enforcement Unit, or Auxiliary or Reserve |
| 31 | Unit, or any person appointed as a part-time employee. It is the |
| 32 | intent of this act to authorize an advisory personnel system, to |
| 33 | maintain the full powers of the Sheriff, and to continue to |
| 34 | respect the legal limitations on the right of collective |
| 35 | bargaining and other rights under part II of chapter 447, |
| 36 | Florida Statues, and not to grant such rights to any deputy, |
| 37 | member, or employee of the Polk County Sheriff's Office who, |
| 38 | prior to the effective date of this act, did not otherwise have |
| 39 | such rights pursuant to law. |
| 40 | Section 2. The Sheriff of Polk County is herby authorized |
| 41 | to appoint a personnel board, hereafter referred to as the |
| 42 | "board," to act as an advisory agency of and to the Sheriff, |
| 43 | which board shall be composed of five members to be appointed as |
| 44 | follows: |
| 45 | (1) Two members of the board shall be selected and |
| 46 | appointed by the Sheriff. |
| 47 | (2) Two members of the board shall be appointed by the |
| 48 | Sheriff after being elected in an election among members of the |
| 49 | classified service from a group of three nominations chosen by a |
| 50 | majority vote of a three-person committee known as the Members |
| 51 | Nominating Committee representing the classified members of the |
| 52 | Sheriff's Office as described in section 9. Each of three |
| 53 | candidates nominated by the Members Nominating Committee shall |
| 54 | possess qualifications for board membership as outlined in |
| 55 | subsections (5) and (6). |
| 56 | (3) The fifth member shall be selected by the four |
| 57 | appointed members of the board and shall be appointed by the |
| 58 | Sheriff. |
| 59 | (4) All members shall be appointed by the Sheriff and |
| 60 | shall also possess the qualifications for board membership |
| 61 | outlined in subsections (5) and (6). |
| 62 | (5) No member appointed pursuant to subsection (1), |
| 63 | subsection (2), or subsection (3), or that member's his or her |
| 64 | alternate, may be: |
| 65 | (a) A member An employee of the Sheriff's Office or of any |
| 66 | city or county of this state or of the State of Florida or the |
| 67 | United States; or |
| 68 | (b) A member of any national, state, or county committee |
| 69 | of a political party; or |
| 70 | (c) A candidate for, or incumbent of, any paid public |
| 71 | office; or |
| 72 | (d) The spouse, parent or grandparent, child or |
| 73 | grandchild, brother or sister, aunt or uncle, niece or nephew, |
| 74 | by consanguinity or affinity, of a member of the classified |
| 75 | service; or |
| 76 | (e) Situated so as to have a conflict of interest in the |
| 77 | terms of the member's or alternate's his or her related |
| 78 | business, duties, or responsibilities in connection with the |
| 79 | board. |
| 80 | (6) All the members of the personnel board shall be at |
| 81 | least 21 years of age; of good moral character; of good |
| 82 | reputation in the community; citizens of the United States; |
| 83 | permanent residents of Florida; and residents of Polk County for |
| 84 | at least 2 years prior to the date of appointment. |
| 85 | (7) Two alternates to the board shall be appointed by the |
| 86 | Sheriff. In the event that a vacancy occurs in that a board |
| 87 | member terminates or that a matter before the board involves a |
| 88 | conflict of interest, the alternate member shall serve for the |
| 89 | hearing or term of office as the case may be. |
| 90 | (8) The ranking officer in charge of the Human Resources |
| 91 | Division Section shall be designated as the Human Resources |
| 92 | Director Administrator and shall serve as secretary to the board |
| 93 | and as an ex officio member of the board but shall have no vote. |
| 94 | Section 3. To ensure continuity, board members shall be |
| 95 | appointed by the Sheriff to 2-year terms on an alternating |
| 96 | schedule effective the second Tuesday of February January. Two |
| 97 | members shall be appointed during even numbered years, and three |
| 98 | members shall be appointed during odd numbered years. Nothing |
| 99 | contained herein shall prohibit board members from being |
| 100 | reappointed by the Sheriff for additional terms. |
| 101 | Section 4. Members of the board shall receive no salary, |
| 102 | but each shall be paid a monthly allowance, the amount to be |
| 103 | determined by the Sheriff, for expenses incurred in performing |
| 104 | the duties of the board. |
| 105 | Section 5. The board shall elect one member to serve as |
| 106 | chairperson the chair for a 1-year period 2-year period. The |
| 107 | chairperson chair shall perform such duties as are provided for |
| 108 | by the board's rules. |
| 109 | Section 6. The Sheriff shall make available to the board a |
| 110 | table of organization and a list of all employees and members, |
| 111 | positions, and classes and the pay scale of each position and |
| 112 | class in the Sheriff's Office. |
| 113 | Section 7. The board shall have the following powers and |
| 114 | duties: |
| 115 | (1) To adopt and amend rules and regulations for its |
| 116 | hearing procedures subject to approval by the Sheriff. |
| 117 | (2) To hear appeals and complaints in matters provided for |
| 118 | in this act and to make recommendations to the Sheriff regarding |
| 119 | the same. Three members shall constitute a quorum for hearing an |
| 120 | appeal and rendering a decision. |
| 121 | Section 8. The Sheriff shall have the authority to adopt |
| 122 | such rules and regulations as are necessary for the |
| 123 | implementation and administration of this act. |
| 124 | Section 9. There shall be a three-person Members |
| 125 | Nominating Committee which shall nominate candidates for |
| 126 | appointment to the board. All members of the committee shall be |
| 127 | members of the classified service. One member shall be elected |
| 128 | from the Office of Business Affairs, the Department of Law |
| 129 | Enforcement, and the Department of Detention each department by |
| 130 | secret vote of all members of the classified service within each |
| 131 | respective office or department. Members of the committee shall |
| 132 | serve a 2-year term of office beginning July 1. |
| 133 | Section 10. The Sheriff or the Sheriff's designee may |
| 134 | create new positions within the Sheriff's Office or combine, |
| 135 | alter, or abolish existing positions in such manner as the |
| 136 | Sheriff deems necessary. |
| 137 | Section 11. The Human Resources Director Administrator |
| 138 | shall give public notice of vacancies and of open competitive |
| 139 | examinations for positions in the classified service. The Human |
| 140 | Resources Director Administrator in the Sheriff's Office shall |
| 141 | establish and maintain such eligibility lists for the various |
| 142 | job classes as are deemed necessary to meet the needs of the |
| 143 | Sheriff's Office. |
| 144 | Section 12. (1) Whenever a vacancy occurs in any position |
| 145 | in the classified service, the Sheriff or the Sheriff's designee |
| 146 | shall make requisition to the Human Resources Director |
| 147 | Administrator for the names and addresses of all persons |
| 148 | eligible for appointment thereto. In the event that a candidate |
| 149 | acceptable to the Sheriff or the Sheriff's designee is |
| 150 | recommended, the Sheriff or the Sheriff's designee thereupon |
| 151 | shall appoint this person to the position where the vacancy |
| 152 | exists. The Sheriff or the Sheriff's designee shall immediately |
| 153 | inform the Human Resources Director Administrator of such his |
| 154 | action. |
| 155 | (1)(2) In the absence of an eligibility list, the Sheriff |
| 156 | or the Sheriff's designee may, if either he or she determines |
| 157 | that the necessity of adequate law enforcement or operational |
| 158 | efficiency so requires, appoint a person without reference to an |
| 159 | eligibility list to fill a vacant position on a provisional |
| 160 | basis. The Sheriff or the Sheriff's designee shall immediately |
| 161 | inform the Human Resources Director Administrator of such his |
| 162 | action. Such provisional appointee shall be a person who |
| 163 | lawfully could be appointed within the personnel system had the |
| 164 | appointee he or she been an applicant. Such provisional |
| 165 | appointee shall acquire no rights under the system by virtue of |
| 166 | said appointment and said appointment shall terminate |
| 167 | immediately when an eligible person from an eligibility list is |
| 168 | certified to and accepted by the Sheriff, or within 6 months |
| 169 | from the date of the appointment, or 45 days after the |
| 170 | establishment of an eligibility list, whichever is the shorter |
| 171 | length of time. Acceptance or refusal or a provisional |
| 172 | appointment shall not prejudice or in any way affect the |
| 173 | standing of a person who is an applicant or who shall become an |
| 174 | applicant for an established position. |
| 175 | (2)(3) In the event of an emergency, the Sheriff or the |
| 176 | Sheriff's designee may appoint a person to fill a position not |
| 177 | to exceed 3 calendar months during any 12-month period. |
| 178 | Section 13. No employee shall become a member of |
| 179 | appointment to any position in the classified service shall be |
| 180 | deemed complete until the expiration of a period of at least 1- |
| 181 | year probationary service. During the initial probationary |
| 182 | period, the Sheriff or the Sheriff's designee may terminate or |
| 183 | otherwise discipline the employee appointee and the employee |
| 184 | appointee shall not be eligible for a hearing before the board. |
| 185 | The initial probationary period Appointments may be regarded as |
| 186 | taking effect upon the date the employee successfully completes |
| 187 | all entry-level training person appointed reports for duty. |
| 188 | Section 14. Whenever a position in the classified service |
| 189 | is filled by promotion, the employee person may be returned to |
| 190 | duty in a position at the level formerly held by him or her in |
| 191 | the classified service without a hearing during the employee's |
| 192 | his or her promotion probationary period. The member may have |
| 193 | the opportunity for a hearing if dismissed from the service or |
| 194 | suspended for greater than 40 hours if the member he or she has |
| 195 | completed an initial 1-year probationary period. |
| 196 | Section 15. It is not the intent of this act to modify the |
| 197 | Sheriff's absolute control over the selection and retention of |
| 198 | the Sheriff's deputies and of other members of the Sheriff's |
| 199 | Office as provided for by the law. No dismissal, demotion, |
| 200 | suspension, or reduction in pay shall be taken against any |
| 201 | nonprobationary member of the classified service unless notice |
| 202 | of the action and the reason therefor is given to the member |
| 203 | verbally or in writing prior to the action taking effect. An |
| 204 | opportunity to respond orally and in writing to the Sheriff or |
| 205 | the Sheriff's designee representative in the decisionmaking |
| 206 | process may be granted prior to the effective date of the |
| 207 | action. Following issuance of the written notice of disciplinary |
| 208 | action, the affected member of the classified service may seek a |
| 209 | formal hearing for a review of dismissal, demotion, suspension |
| 210 | of greater than 40 hours, or reduction in pay, provided that the |
| 211 | member, as a condition to seeking a hearing, shall, upon receipt |
| 212 | of the written notice, answer the same in writing and file the |
| 213 | answer and a request with the Sheriff within 7 calendar days |
| 214 | after the issuance of the notice. If a dismissal, demotion, |
| 215 | suspension of greater than 40 hours, or reduction in pay is |
| 216 | answered and a hearing is requested in writing within 7 calendar |
| 217 | days, the member of the classified service may have an |
| 218 | opportunity for a hearing before the board with all the rights |
| 219 | and privileges afforded under section 16. In the case of a |
| 220 | notice of dismissal, the member shall remain dismissed without |
| 221 | pay pending the hearing and the final decision of the Sheriff. |
| 222 | In the case of a notice of a demotion, suspension of greater |
| 223 | than 40 hours, or reduction in pay, the disciplinary action |
| 224 | shall not be delayed pending the review process. The board shall |
| 225 | report in writing its findings and recommendations to the |
| 226 | Sheriff along with any mitigating circumstances noted for review |
| 227 | and consideration by the Sheriff. The Sheriff shall retain the |
| 228 | right of final determination. No member of the classified |
| 229 | service may be reinstated, with or without backpay or benefits, |
| 230 | without the concurrence of the Sheriff. For disciplinary |
| 231 | purposes, the Sheriff or the Sheriff's designee may reprimand, |
| 232 | orally or in writing, or summarily suspend a member of the |
| 233 | classified service for a period not exceeding 40 hours, and such |
| 234 | action shall not be subject to review and recommendation of the |
| 235 | board. |
| 236 | Section 16. The practice and procedure of the board with |
| 237 | respect to any hearing by the board authorized by this act shall |
| 238 | be in accordance with the rules and regulations to be |
| 239 | established by the board. Such rules shall provide for a |
| 240 | reasonable notice of hearing to all persons affected by a |
| 241 | recommendation to be made by the board, with the opportunity to |
| 242 | be heard in their his or her behalf at a hearing to be held for |
| 243 | that purpose and to examine and cross-examine witnesses. |
| 244 | (1) The board, when conducting any hearings authorized by |
| 245 | this act, shall have the power to administer oaths and issue |
| 246 | subpoenas to compel the attendance of witnesses and the |
| 247 | production of books, accounts, papers, records, documents, and |
| 248 | testimony. In the case of the disobedience or failure of any |
| 249 | person to comply with a subpoena issued by the board or any of |
| 250 | its members, or on the refusal of a witness to testify on any |
| 251 | matter on which the witness he or she may be lawfully |
| 252 | interrogated, the judge of the circuit court of the county, on |
| 253 | application of the board, shall compel the obedience by |
| 254 | proceedings as for contempt. The service of a subpoena shall be |
| 255 | made in the manner provided by the Florida Rules of Civil |
| 256 | Procedure. Each witness subpoenaed by the board shall receive |
| 257 | for the witness's his or her attendance, fees and mileage in the |
| 258 | amount as provided for witnesses in civil cases, if requested. |
| 259 | (2) The board shall meet for the purpose of hearing the |
| 260 | appeal promptly and no later than 30 days after receipt of the |
| 261 | answer and request for hearing, unless good cause exists for, or |
| 262 | the affected member agrees to, a postponement. |
| 263 | (3) The actions of the board and the Sheriff shall be |
| 264 | exempt from the provisions of chapter 120, Florida Statutes. |
| 265 | Section 17. When a newly elected or appointed Sheriff |
| 266 | assumes office, the service of all personnel shall continue |
| 267 | without the necessity of formal reappointment. Notwithstanding |
| 268 | any other provisions of this act, the incoming Sheriff shall |
| 269 | have the option of maintaining the current personnel assigned to |
| 270 | the rank of major and above or equivalent noncertified support |
| 271 | positions or transferring those personnel as described below. If |
| 272 | the incoming Sheriff fills any of the above positions with a new |
| 273 | person and the current occupant of the above position is a |
| 274 | certified law enforcement deputy officer or detention deputy, he |
| 275 | or she shall be reduced to the rank of captain if certified, or |
| 276 | to the equivalent noncertified support position if not certified |
| 277 | immediately. The member's salary shall be reduced in compliance |
| 278 | with the salary policy in effect at that time, but shall be no |
| 279 | less than the salary the member would have attained had the |
| 280 | member remained in the highest classification accorded appeal |
| 281 | rights under this act. Following the election or appointment of |
| 282 | a Sheriff, appointments of all personnel remain at the pleasure |
| 283 | of the Sheriff, and personnel in the classified service may be |
| 284 | terminated by affirmative action of the Sheriff or the Sheriff's |
| 285 | successor in office subject to the provisions of this act. |
| 286 | Section 18. If any provision of this act or the |
| 287 | application thereof to any person or circumstance is held |
| 288 | invalid, it is the legislative intent that the invalidity shall |
| 289 | not affect other provisions or applications of the act which can |
| 290 | be given effect without the invalid provision or application, |
| 291 | and to this end provisions of this act are declared severable. |
| 292 | Section 19. This act shall not be held or construed to |
| 293 | create any property rights or any vested interest in any |
| 294 | position in the classified service and the right is hereby |
| 295 | reserved to repeal, alter, or amend this act or any provision |
| 296 | thereof at any time. |
| 297 | Section 2. This act shall take effect upon becoming a law. |