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House Bill 1103

Florida House of Representatives - 1997 HB 1103 By Representative Horan 1 A bill to be entitled 2 An act relating to Monroe County; specifying 3 rights of members of the classified service of 4 the Monroe County Sheriff's Office; providing 5 procedures for appeal of disciplinary actions 6 against members; providing for the appointment 7 of boards to hear appeals and procedures with 8 respect thereto; providing a procedure for 9 transition upon the expiration of a sheriff's 10 term; providing an effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. (1) APPLICABILITY.--The terms of this act 15 shall apply to the "classified service" of the Monroe County 16 Sheriff's Office, which shall include all Certified Deputy 17 Sheriffs, Certified Correctional Officers, and Noncertified 18 Support Staff of the Monroe County Sheriff's Office. The 19 provisions of this act shall not include the Sheriff or 20 Undersheriff, Finance Director, Human Resource Director, 21 Information Management Director, General Counsel, personnel 22 holding the rank of Captain or above, contract personnel, 23 nonsalaried personnel, any Special Duty Sheriff appointed 24 pursuant to s. 30.09(4), Florida Statutes, members of the 25 Sheriff's Posse or Auxiliary Unit, or any person appointed as 26 a part-time Deputy Sheriff, as defined by the Criminal Justice 27 Standards and Training Commission, unless such person is also 28 employed on a full-time basis by the Office of the Sheriff. It 29 is not, however, the intent of this act to grant the right of 30 collective bargaining to persons in the employ of the Monroe 31 County Sheriff's Office who do not otherwise have the right 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1103 575-137-97 1 pursuant to law or an expectation of continued employment 2 except as otherwise expressly stated herein. 3 (2) PROBATIONARY STATUS AFTER HIRING AND PROMOTION.-- 4 (a) After a member of the classified service of the 5 Sheriff's Office has been employed for a period of one 6 calendar year, the member shall have attained permanent status 7 in the office of the sheriff and shall be entitled to appeal 8 disciplinary action as set forth herein. However, if any 9 member separates from the office and is rehired at a later 10 date, the member shall be required to complete one calendar 11 year of service from the date of separation before being 12 granted the right of appeal herein. 13 (b) When a member is promoted to a higher rank within 14 the office, there shall be a probationary period of six 15 consecutive months of service in the higher position. In the 16 event that the member does not satisfactorily complete the 17 promotional probation, the member shall be returned to the 18 ranks from which the member was promoted, provided that the 19 member was regularly appointed to said position. 20 (3) RIGHT OF APPEAL.--Any member of the classified 21 service as defined in section 1 hereof shall have the right to 22 appeal any suspension without pay for a period of more than 40 23 hours, demotion or termination, provided however, that there 24 shall be no right of appeal hereunder when the suspension, 25 demotion or termination is based upon conduct for which 26 probable cause exists to believe that a felony under the law 27 of the United States of America or the State of Florida, or 28 misdemeanor involving perjury, false statement or controlled 29 substance has been committed. The appeal shall be to the 30 Disciplinary Review Board, consisting of five members, all of 31 whom shall be members of the classified service of the Monroe 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1103 575-137-97 1 County Sheriff's Office. The board shall be selected as 2 follows: 3 a. The appealing member shall select two members; 4 b. The Sheriff shall select two additional members; 5 and 6 c. The four members thus selected shall select a fifth 7 member who shall serve as chairperson. 8 d. None of the board members shall be involved in the 9 investigation of, a witness to, or involved with the 10 disciplinary procedure that is cause for this appeal, nor 11 shall any board member be a family member of the appealing 12 member or the sheriff. 13 (4) PROCEDURE FOR APPEALS.-- 14 (a) Any member desiring to appeal any disciplinary 15 action described in subsection (3), must deliver written 16 intent of his or her intent to do so to the Sheriff, his or 17 her Executive Assistant, or the Undersheriff within ten 18 calendar days after receiving written notice of the 19 disciplinary decision. The notice must contain the names of 20 the member's two appointments to the Disciplinary Review Board 21 and a brief statement of the reasons for the appeal. 22 (b) The Sheriff must appoint his or her 23 representatives to the Board within five calendar days after 24 receipt of the member's notice of appeal described above. 25 (c) The four appointees to the Board must select by 26 majority vote a fifth person to serve as chairperson and set a 27 place, date and time for the hearing within ten calendar days 28 after receipt of the Sheriff's selection of his 29 representatives. The hearing must be conducted within thirty 30 days of the selection of the chairperson, unless a four-fifths 31 majority of the board agrees to a later date. 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1103 575-137-97 1 (d) If a chairperson is not selected within ten 2 calendar days after the appeal is requested, the four 3 appointees shall notify the Sheriff, who shall furnish a list 4 of fifteen names of members of the classified service chosen 5 at random. The four appointees shall, within five days of 6 receipt of the list, vote in turn on each of the fifteen named 7 members. The first selected by majority vote shall serve as 8 chairperson. 9 (e) In the event the appealing member or the Sheriff 10 wishes to challenge the appointment of one of the Board 11 members for reasons specified in subsection (2)(d): 12 1. The challenging party must, within five calendar 13 days of the first appointment of the Board members, present a 14 written objection to the Human Resources Division. 15 2. The appointed Board members shall be advised of the 16 objection, and the rest of Board shall, within five calendar 17 days of being so advised, consider the objections and vote on 18 whether to retain or dismiss the challenged Board member. The 19 challenged member may not vote on the challenge to his or her 20 appointment. The challenge shall be decided by a majority 21 vote. The vote may be conducted in writing, by conference 22 call, electronic mail, or through any other method approved by 23 the Board. 24 3. Upon a decision to dismiss a Board member, the 25 challenged member shall be removed and the remaining members 26 of the Board shall appoint a successor, who must be a member 27 of the classified service. 28 (5) CONDUCT OF APPEALS HEARINGS.-- 29 (a) The hearing shall be open to the public and 30 conducted by the chairperson. 31 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1103 575-137-97 1 (b) The hearing shall be conducted in a manner to 2 assure fundamental fairness, although the formal rules of 3 evidence shall not apply. 4 (c) The Sheriff has the burden of proving the 5 appropriateness of the disciplinary action by the 6 preponderance of the evidence. The Sheriff or his designee may 7 present the case. If a designee presents the case for the 8 Sheriff, he or she must be a member of the classified service. 9 (d) The appealing member shall have the right to 10 present his or her own case, to explain or defend his or her 11 position, and to cross-examine each witness or complainant. 12 (e) The appealing member may have the assistance of 13 one person chosen from the classified service to assist in the 14 presentation. This representative may examine or cross-examine 15 witnesses, address the board, or present argument. The member 16 may have others to assist in the preparation, but these 17 persons may not examine or cross-examine witnesses, address 18 the board, or present argument. 19 (f) The Sheriff shall require the presence at the 20 hearing of any member of the office who the appealing member 21 desires to question or present evidence. 22 (g) The Sheriff or appealing member may offer rebuttal 23 evidence, and the board may hear argument from both parties in 24 support of their positions. 25 (h) At the conclusion of the hearing the Board shall 26 retire to consider its decision. The decision must be made by 27 a majority vote of its members. 28 (i) The decision shall be in writing and shall be 29 rendered within three calendar days after the conclusion of 30 the hearing, unless this period is extended by a majority vote 31 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1103 575-137-97 1 of the members' decision to extend the time for deciding 2 appeals shall be in writing. 3 (j) The Board may accept, reject, increase or decrease 4 the disciplinary recommendation that was the cause for the 5 appeal. 6 (k) The Board's decision shall be final and binding 7 upon the Sheriff and the appealing member. 8 (6) AVAILABILITY OF NON-BINDING BOARD; FAVORABLE 9 RESOLUTION OF MATTERS INVOLVING CRIMINAL CONDUCT.-- 10 (a) In the event that a member of the classified 11 service is disciplined as described in subsection (3) but is 12 not entitled to an appeal as set forth therein due to the 13 existence of probable cause that criminal conduct has 14 occurred, he or she shall nonetheless be entitled to have the 15 disciplinary action reviewed in the manner set forth in this 16 section. 17 (b) Within ten calendar days of the final resolution 18 by acquittal, dismissal, or filing by the prosecuting 19 authority of decision not to file charges, the appealing 20 member shall notify the Sheriff in the manner set forth in 21 subsection (4). 22 (c) The procedure shall thereafter be as set forth in 23 subsection (4) except that the Board's decision shall not be 24 binding upon the Sheriff but advisory only. 25 (7) CONTINUED APPOINTMENT.--When a newly elected or 26 appointed Sheriff assumes office, the service of all personnel 27 shall continue without necessity of formal reappointment. The 28 incoming Sheriff shall have the option of maintaining the 29 current personnel assigned to the rank of Captain and above or 30 equivalent noncertified support positions or transferring 31 those personnel as described below. If the incoming Sheriff 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1103 575-137-97 1 fills any of the above positions with a new person, the former 2 holder of that position may be reduced in the rank to a 3 position no lower than lieutenant or equivalent noncertified 4 support position, and his or her salary reduced accordingly. 5 Any member demoted pursuant to this subsection shall be a 6 member of the classified service immediately upon the 7 assumption of the new position. 8 (8) POSITION ELIMINATION.--Nothing in this act shall 9 prohibit the Sheriff from eliminating positions in the course 10 of submitting the annual budget as required by s. 30.49, 11 Florida Statutes. Any position so eliminated may not be 12 replaced during the following fiscal year. The elimination of 13 positions shall be made with due regard to the seniority of 14 members of the Sheriff's Office. 15 Section 2. This act shall take effect upon becoming a 16 law. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 7