CS/HB 1085

1
A bill to be entitled
2An act relating to the Pinellas County Sheriff's Civil
3Service System; amending chapter 89-404, Laws of Florida,
4as amended; deleting intent relating to collective
5bargaining; limiting application; revising the definition
6of "personnel"; revising positions covered in the
7Classified and Unclassified Services; providing effect of
8participating in the Florida Retirement System's Senior
9Management Service Class; providing for Certified
10Executive Staff; providing additional causes for member
11suspension or dismissal; providing duties of the Civil
12Service Board regarding appeals; providing authority of
13the Division of Administrative Hearings under certain
14circumstances; revising provisions relating to the
15timeframe for filing a notice of appeal and for disposing
16of appeals and making findings of fact and stating a
17conclusion; removing a provision relating to certified
18personnel status as appointed officers; providing an
19effective date.
20
21Be It Enacted by the Legislature of the State of Florida:
22
23     Section 1.  Chapter 89-404, Laws of Florida, as amended by
24chapter 90-395, Laws of Florida, is amended to read:
25     Section 1.  Intent.--It is the intent of this act to create
26a civil service system for members of the Classified Service, as
27defined herein, within the service of the Sheriff of Pinellas
28County, for the purposes of ensuring fairness and consistency in
29discipline and dismissal. It is also the intent of this act to
30maintain the existing legal limitations on the right of
31collective bargaining and other rights under part II of chapter
32447, Florida Statutes, and to not grant such rights to any
33deputy, member, or personnel of the Office of the Pinellas
34County Sheriff who, prior to the effective date of this act, did
35not possess such rights pursuant to law.
36     Section 2.  Personnel of Pinellas County Sheriff;
37applicability of the act; authority of the Sheriff.--
38     (1)  The provisions of this act shall apply to all
39certified, noncertified, and Certified Executive Staff persons
40within the Office of the Pinellas County Sheriff, except as
41otherwise provided herein. The provisions of this act shall not
42apply to the Sheriff, special deputy sheriffs appointed pursuant
43to s. 30.09(4), Florida Statutes, contract personnel, the
44general counsel, the associate general counsel, the director of
45human resources, the director of support services, the director
46of fiscal affairs, the public information coordinator, the
47director of labor relations, the jail medical director, the
48grants administrator, the sheriff's executive secretary, any
49person who is eligible to participate in the Florida Retirement
50System's Senior Management Service Class legal advisors,
51chaplains, or individuals appointed as part-time deputy
52sheriffs, as defined by the Criminal Justice Standards and
53Training Commission, unless any such part-time deputy sheriff is
54also a full-time member in the Office of the Sheriff.
55     (2)  For the purposes of this act, the term "personnel"
56shall refer to all persons working for the Pinellas County
57Sheriff's Office; provided that nothing stated herein shall be
58construed as changing the status of certified personnel from
59appointed officers to members covered by the provisions of
60chapter 447, Florida Statutes.
61     (3)  The Sheriff shall have the authority to adopt such
62rules and regulations as are necessary for the implementation
63and administration of this act. However, nothing in this act
64shall be construed as affecting the budgetmaking powers of the
65Board of County Commissioners of Pinellas County.
66     Section 3.  Classified and Unclassified Services; Certified
67Executive Staff; status of members of the Classified Service,
68Unclassified Service, and Certified Executive Staff.--
69     (1)  The Classified Service shall consist of full-time
70positions held by detention deputy sheriffs corrections
71officers, law enforcement deputy sheriffs, and noncertified
72personnel, except those persons not covered by the act as set
73forth in section 2(1), who have attained permanent status as
74defined herein and who are serving in any position except those
75persons serving in the Unclassified Service or as members of the
76Sheriff's Certified Executive Staff.
77     (2)(a)  The Unclassified Service shall consist of the
78following positions: all part-time positions, all full-time
79personnel who have not attained permanent status as defined
80herein, all volunteer or unpaid nonsalaried positions, school
81crossing guards, reserve deputies, and special deputies, and
82personnel eligible to participate in the Florida Retirement
83System's Senior Management Service Class subsequent to
84membership in the Classified Service. Members of the
85Unclassified Service shall serve at the pleasure of the Sheriff
86and may be suspended, demoted, or terminated at any time without
87cause and without any right to appeal to the Civil Service
88Board.
89     (b)  Consistent with the requirements of section
90121.055(1)(b), Florida Statutes, all personnel who are members
91of the Classified Service who are selected by the Sheriff to
92serve in positions whereby they are eligible to serve in the
93Florida Retirement System's Senior Management Service Class are
94no longer members of the Classified Service and serve without
95civil service protection. These personnel may be suspended,
96demoted, or terminated at any time without cause and without any
97right to appeal to the Civil Service Board.
98     (3)  For the purposes of this act, the Sheriff's Certified
99Executive Staff shall consist of all certified personnel who
100have attained the rank of captain or above, the Public
101Information Coordinator, the Sheriff's executive secretary and
102all noncertified personnel whose salary is equal to or greater
103than the base salary for the rank of law enforcement captain.
104     (4)  Members of the Sheriff's Certified Executive Staff
105shall serve in those positions at the pleasure of the Sheriff.
106Except as provided herein, such personnel may be suspended,
107demoted, or dismissed at any time without cause and without any
108right of appeal to the Civil Service Board. However, persons
109serving as members of the Sheriff's Certified Executive Staff
110who have, previous to their appointment to the Certified
111Executive Staff, attained permanent status in the Classified
112Service may be returned to the highest rank or position such
113person achieved in the Classified Service without cause and
114without any right to appeal such return to Classified Service.
115     Section 4.  Permanent status; effect of rehire; extension
116of probation; status upon election or appointment of new
117Sheriff.--
118     (1)  After classified personnel of the Sheriff, to whom the
119provisions of this act apply, have served in any such position
120for a period of 1 calendar year without break in service, such
121personnel shall have attained permanent status in the Office of
122the Sheriff, unless such personnel are placed on an extended
123probation or are eligible to participate in the Florida
124Retirement System's Senior Management Service Class.
125     (2)  When Classified Service personnel are terminated,
126resign, or are otherwise separated from service, and are rehired
127at a later date, they shall be required to complete 1 calendar
128year of service, without break in service, following such rehire
129before attaining permanent status in the Office of the Sheriff.
130     (3)  Personnel in the Classified Service who are required
131to serve a probationary period attendant to a promotion shall
132retain permanent status in the Office of the Sheriff, but may be
133demoted to their prior rank during such probationary period for
134any reason and without the right of appeal as provided in this
135act.
136     (4)  When, in the sole discretion of the Sheriff, an
137extension of a probationary period for newly hired or newly
138promoted personnel is warranted, such probationary period may be
139extended for a period up to 6 additional months. In the case of
140newly hired personnel, the affected personnel shall be required
141to satisfactorily complete the extended probationary period
142before attaining permanent status in the Office of the Pinellas
143County Sheriff.
144     Section 5.  Effect of election or appointment of new
145Sheriff on status of personnel.--
146     (1)  When a newly elected or appointed Sheriff assumes
147office, the new Sheriff shall continue the members of the
148Classified Service at their existing rank and/or salary level
149unless cause for demotion or dismissal, as provided herein,
150exists.
151     (2)  When a newly elected or appointed Sheriff assumes
152office, persons then serving as members of the Sheriff's
153Certified Executive Staff who, previous to their appointment to
154the Certified Executive Staff, had attained permanent status in
155the Classified Service, shall not be suspended without pay for
156more than 1 working day or dismissed unless cause as provided
157herein exists. However, such personnel may be demoted to the
158highest rank achieved in the Classified Service without cause
159and without any right to appeal.
160     Section 6.  Members of Classified Service; certain members
161of the Certified Executive Staff; suspension, demotion, or
162dismissal only for cause.--
163     (1)  Members of the Classified Service may only be
164suspended, for a period in excess of 1 working day, reduced in
165rank or base pay, or dismissed from service for cause. Members
166of the Certified Executive Staff who have, previous to their
167appointment to the Certified Executive Staff, achieved permanent
168status in the Classified Service may only be dismissed or
169suspended for a period in excess of 1 working day or demoted to
170a rank or rate of base pay less than the highest rank or base
171pay the member attained while in the Classified Service for
172cause. Prior to such action described above, the member shall be
173furnished with written notice of the proposed action and an
174explanation of the reasons for the action, and offered an
175opportunity to respond to the reasons for the action. However,
176nothing stated herein shall be construed as changing the status
177of deputy sheriffs from appointed officers to employees covered
178by the provisions of chapter 447, Florida Statutes.
179     (2)  In situations where the delay occasioned by furnishing
180members of the Classified Service personnel such written notice
181and opportunity to respond could result in damage or injury,
182personnel may be suspended or dismissed for cause immediately
183and provided such written notice and opportunity to respond
184within 24 hours.
185     (3)  Written notice of disciplinary action to a department
186member shall be deemed to be effective upon hand delivery, or
187upon mailing to the member's last known address.
188     (4)  Cause for suspension, dismissal, or demotion shall
189include, but not be limited to: negligence, inefficiency, or
190inadequate job performance; inability to perform assigned
191duties, incompetence, dishonesty, insubordination, violation of
192the provisions of law or the rules, regulations, and operating
193procedures of the Office of the Sheriff, conduct unbecoming a
194public servant, misconduct, or proof and/or admission of use of
195illegal drugs. Cause for suspension or dismissal shall also
196include a member's acceptance into a pretrial diversion or
197intervention program, the adjudication of guilt by a court of
198competent jurisdiction, a plea of guilty or of nolo contendere,
199or a verdict of guilty where adjudication of guilt is withheld
200and the accused is placed on probation, with respect to any
201felony or misdemeanor. The filing of felony or misdemeanor
202charges against Sheriff's Office personnel may also constitute
203cause for suspension. Subsequent dropping of charges shall
204result in automatic reinstatement, except where charges were
205dropped because of completion of a pretrial intervention or
206diversion program, provided that independent departmental
207charges are not pending.
208     (5)  The listing of causes for suspension, demotion, or
209dismissal in this section is not intended to be exclusive. The
210Sheriff may, by departmental rule, add to this listing of causes
211for suspension, dismissal, or demotion.
212     Section 7.  Creation and qualifications of the Civil
213Service Board.--
214     (1)  The Sheriff of Pinellas County is hereby authorized to
215create a Civil Service Board which shall be composed of five
216members which shall be determined as follows:
217     (a)  Two members of the Civil Service Board shall be
218appointed by the Sheriff after being elected in an election
219among the members of the Classified Service. The Sheriff shall
220appoint the two persons receiving the highest number of votes in
221such election.
222     (b)  Two members shall be appointed by the Sheriff.
223     (c)  The fifth member shall be selected by the majority of
224the other four Board members within 15 days of their
225appointments. In the event that the selection process of the
226fifth member results in an impasse, within 15 days, the fifth
227member shall be appointed by the Chief Judge of the Sixth
228Judicial Circuit.
229     (d)  The five members of the Board shall then select a
230sixth or alternate member who shall serve upon the inability of
231any other member to serve.
232     (e)  The fifth member shall be chairperson of the Civil
233Service Board, unless the Board elects otherwise.
234     (f)  Four members of the Civil Service Board shall
235constitute a quorum.
236     (2)  Membership qualifications and term:
237     (a)  All members of the Civil Service Board shall be at
238least 21 years of age, of good moral character, of good
239reputation in the community, citizens of the United States,
240permanent residents of Florida, and permanent residents of
241Pinellas County for at least 2 years prior to the date of their
242appointment.
243     (b)  No member of the Board may be:
244     1.  A member of any national, state, or county committee of
245a political party;
246     2.  A candidate for or incumbent of any elected public
247office;
248     3.  A member of the Pinellas County Sheriff's Office, or
249the spouse, parent, grandparent, child, grandchild, brother,
250sister, aunt, uncle, niece, or nephew, by consanguinity or
251affinity of a member; or
252     4.  Positioned as to have a conflict of interest in the
253terms of his or her related business, duties, or
254responsibilities in connection with the Civil Service Board.
255     (c)  The members of the Board shall serve a term of 1 year
256from the date of their election or appointment as the case may
257be.
258     (d)  Members of the Board will receive no salary, but will
259be paid a stipend as determined by the Sheriff to offset
260expenses incurred in performing the duties of the Civil Service
261Board.
262     Section 8.  Duties and authority of the Civil Service
263Board.--
264     (1)  The Civil Service Board shall have the following
265authority and duties:
266     (a)  To adopt and amend reasonable rules and regulations
267for its hearing procedures.
268     (b)  To hear all appeals of the members of the Classified
269Service arising from personnel actions brought under the
270Sheriff's rules, procedures, or policies which result in
271dismissal, suspension for more than 1 working day without pay,
272demotion, or reduction in base pay for disciplinary or job
273performance reasons.
274     (c)  To hear appeals of members of the Certified Executive
275Staff who have, previous to their appointment to the Certified
276Executive Staff, achieved permanent status in the Classified
277Service, arising from personnel actions brought under the
278Sheriff's rules, procedures, or policies which result in
279dismissal or suspension for more than 1 working day or demotion
280to base pay less than the highest rank or base pay the member
281attained while in the Classified Service.
282     (d)  To contract with the Division of Administrative
283Hearings to have hearings conducted pursuant to chapter 120,
284Florida Statutes, as provided in section 11(8).
285     (2)  Other than those appeals specified herein in
286subsection (1), the Civil Service Board shall not have authority
287to hear appeals.
288     (3)  The authority of the Civil Service Board, and the
289authority of the Division of Administrative Hearings acting
290under contract, shall not include the establishment or deletion
291of the categories of conduct which constitute cause for
292suspension, demotion, or dismissal. In hearing appeals, the
293Civil Service Board shall:
294     (a)  Determine whether the aggrieved member engaged in
295conduct prohibited by section 6 or by a departmental rule
296promulgated by the Sheriff;
297     (b)  Determine whether the action taken against the
298aggrieved member is consistent with action taken against other
299members; and
300     (c)  Make findings of fact and state a conclusion as
301specified in subsection (6).
302     (4)  The Civil Service Board may also provide assistance
303and advice to the Sheriff in matters concerning disciplinary
304actions and may take any other actions authorized by the
305Sheriff.
306     (5)  The Civil Service Board, pursuant to its authority to
307hear appeals of members of the Classified Service, shall have
308the power to schedule hearings, administer oaths, take or allow
309the taking of depositions, and issue subpoenas to compel the
310attendance of witnesses and the production of books, accounts,
311papers, records, documents, testimony, and other items to effect
312such other discovery as it deems fit and proper upon the written
313request of either party.
314     (a)  The chairperson of the Civil Service Board or his or
315her his/her designee shall be authorized to sign all notices,
316subpoenas, and final orders, on behalf of the Board. In the case
317of disobedience or failure of any person to comply with a
318subpoena issued by the Board or any of its members, or upon the
319refusal of a witness to testify on any matter on which he or she
320may be lawfully interrogated, a Judge of the Circuit Court of
321Pinellas County, on application of the Civil Service Board,
322shall compel obedience by proceedings as for contempt.
323     (b)  The service of a subpoena shall be made in the manner
324provided by the Florida Rules of Civil Procedure. Each witness
325subpoenaed by the Civil Service Board shall receive for his or
326her attendance, from the party requesting the subpoena, fees and
327mileage in the amount as provided for witnesses in civil cases.
328Personnel of the Sheriff's Office appearing before the Civil
329Service Board while on duty shall not receive witness fees or
330reimbursements for mileage.
331     (6)  Within 10 days of the conclusion of the appeals
332hearing, or receipt of the proposed recommended order from the
333Division of Administrative Hearings, whichever is longer, unless
334the parties agree to a longer period, the Civil Service Board,
335by a majority vote, shall dispose of the appeal and shall make
336findings of fact and state a conclusion; such findings of fact
337and conclusion shall be separately stated and shall be in
338writing. Such conclusion shall either sustain, modify, or not
339sustain the action being appealed. Upon a finding that cause did
340not exist for a suspension, demotion, reduction in pay, or
341dismissal, the Civil Service Board shall reinstate the appellant
342and direct the Sheriff to pay the appellant for the period of
343any suspension, demotion, loss of pay, or dismissal. The Civil
344Service Board shall not have the authority to impose any penalty
345more severe than that which formed the basis of the appeal.
346Should the Civil Service Board be unable to reach a majority
347decision on any appeal, the personnel action taken shall be
348sustained.
349     (7)  The decision of the Civil Service Board shall be final
350and binding on all parties concerned.
351     Section 9.  Appeals procedure.--
352     (1)  A member of the Classified Service who has been
353suspended without pay for more than 1 working day, demoted,
354reduced in base pay, or dismissed, and those members of the
355Certified Executive Staff to whom rights of appeal are granted
356pursuant to section 3, may obtain a hearing before the Civil
357Service Board by filing a written Notice of Appeal with the
358Sheriff or his or her designee. Filing shall be effected by
359delivery in person to the Sheriff or his or her designee, when
360that person is designated by the Sheriff in writing, or by U.S.
361mail, registered, return receipt requested. Such Notice of
362Appeal shall be received by 5 p.m. on the fifth filed within 5
363calendar day after days of receipt of notice of the suspension,
364demotion, reduction in pay, or dismissal. The day upon which the
365member receives the notice of suspension, demotion, reduction in
366pay, or dismissal shall not be counted in computing the 5 days,
367and the 5-day period shall begin on the first day after receipt
368of the notice, regardless of whether that day is a weekend day
369or holiday. The burden is on the member requesting the appeal
370hearing to establish timely service in accordance with the
371provisions herein. Failure to file a said written notice
372requesting the appeal hearing as required within the 5-day
373period prescribed herein shall constitute a voluntary waiver of
374all rights to an appeal under this act.
375     (2)  The Notice of Appeal shall contain:
376     (a)  A statement that the person filing the Notice of
377Appeal is entitled to an appeal pursuant to the terms of this
378act as a present or former member of the Classified Service;
379     (b)  A statement of the disciplinary action complained of
380and the basis for the appeal; and
381     (c)  A request for relief consistent with relief that may
382be ordered by the Civil Service Board as set forth herein.
383     (3)  The appellant shall be limited in the scope of his or
384her appeal to the issues raised in the Notice of Appeal.
385     Section 10.  Settlements and precedent.--In order to
386encourage resolutions of appeals prior to hearing, any
387settlement of an appeal acceptable to the appellant shall not
388establish a precedent against either the Sheriff, any member of
389the Classified Service, or any member of the Certified Executive
390Staff to whom the right of appeal is afforded by this act. Such
391settlement shall not conflict in any manner with the provisions
392of this act and shall not be used in any subsequent appeal
393hearing.
394     Section 11.  Hearing procedure.--
395     (1)  The Civil Service Board shall commence a hearing on an
396appeal within 30 days from the date upon which the Notice of
397Appeal was received by the Sheriff, or his or her designee, and
398shall proceed diligently to conclude such hearing in an
399expeditious fashion while affording to all parties a full and
400fair hearing. The Civil Service Board may grant a continuance of
401a hearing for good cause shown upon its own or a party's motion.
402     (2)  The Civil Service Board shall establish appropriate
403rules and procedures for the conduct of all hearings pursuant to
404this act. All testimony of the parties and witnesses shall be
405made under oath or affirmation. Hearsay evidence may be used for
406the purpose of supplementing or explaining other evidence, but
407shall not be sufficient in and of itself to support a finding
408unless it would be admissible over objections in civil actions.
409     (3)  Each party shall be entitled to call witnesses on his
410or her own behalf, to compel the attendance of witnesses through
411the service of subpoenas, to cross-examine the witnesses, to
412represent himself or herself, or to be represented by any other
413representative of his or her choosing, and to be present at such
414hearing.
415     (4)  Each party shall bear his or her own costs and fees
416incurred with respect to such hearings. No costs or fees shall
417be reimbursed by one party to the other regardless of the
418decision of the Civil Service Board under this act.
419     (5)  Appeal hearings shall be open to the public in
420accordance with the provisions of chapter 286, Florida Statutes.
421     (6)  The Civil Service Board, its members, the Sheriff,
422witnesses while giving truthful testimony, and all the
423representatives of the parties shall be immune from all civil
424liability arising from actions taken pursuant to the provisions
425of this act.
426     (7)  A tape recording shall be made of each Civil Service
427Board hearing and minutes of the hearing shall be kept. Either
428party shall be entitled to engage the services of a certified
429court reporter to record such hearing. The party engaging
430services of the court reporter shall be solely responsible for
431payment for such services.
432     (8)  The Civil Service Board may, upon stating its reasons,
433elect at any stage of the hearing procedure to contract with the
434Division of Administrative Hearings of the Department of
435Management Services Administration to have the hearing conducted
436pursuant to chapter 120, Florida Statutes, in which case the
437board shall limit its considerations to the findings and
438recommendations of the division's Department of Administration
439hearing officer.
440     Section 12.  Exemption from chapter 120, Florida
441Statutes.--Unless the election is made to proceed under section
44211(8), the actions of the Civil Service Board and the Sheriff
443taken pursuant to this act shall be exempt from the provisions
444of chapter 120, Florida Statutes.
445     Section 13.  Members' Advisory Council.--There shall be a
446five-person Members' Advisory Council, which shall serve in an
447advisory capacity to the Sheriff concerning personnel matters,
448policies, rules, and regulations affecting members of the
449Classified Service. The departmental representation of the
450Members' Advisory Council shall be determined by the Sheriff.
451All members of the Members' Advisory Council shall be permanent
452members of the department and members of the Classified Service.
453One member shall be elected from each of five areas to be
454determined by the Sheriff and shall be elected to serve by
455secret ballot of all members of the Classified Service within
456each respective area. Members of the Members' Advisory Council
457shall serve a 1-year term of office beginning July 1 of each
458year. The initial council shall serve from the date elected
459until July 1 of the following year.
460     Section 14.  Certified personnel to maintain status as
461appointed officers.--Nothing herein shall be construed as
462altering the traditional status of certified personnel as
463appointed officers, who, as such, are excluded from coverage as
464employees under chapter 447, Florida Statutes.
465     Section 14 15.  Sheriff to adopt rules and regulations for
466review of citizen complaints and other actions.--The Sheriff
467shall, contemporaneous with the effective date of this act, by
468department rule or regulation, establish a procedure to review
469and resolve citizen complaints and disciplinary actions for
470which an appeal is not provided by this act.
471     Section 15 16.  If any provision of this act or the
472application thereof to any person or circumstance is held
473invalid, the invalidity shall not affect other provisions or
474applications of the act which can be given effect without the
475invalid provision or application, and to this end the provisions
476of this act are declared severable.
477     Section 16 17.  Chapter 84-514, Laws of Florida, as amended
478by chapter 87-424, Laws of Florida, is hereby repealed.
479     Section 17 18.  This act shall take effect July 1, 1989, or
480upon becoming a law, whichever occurs later.
481     Section 2.  This act shall take effect upon becoming a law.


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