House Bill 4319er

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  2         An act relating to Polk County; amending ch.

  3         88-443, Laws of Florida, to revise provisions

  4         relating to a personnel system for the

  5         Sheriff's Office, a personnel board, board

  6         members' powers and duties, board expenditures,

  7         a classified service, new positions and

  8         vacancies, probationary periods, hearings,

  9         appointments, rules, policies, pay plans,

10         rights, and benefits; providing for a Members

11         Nominating Committee for selecting board

12         members; providing an effective date.

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

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16         Section 1.  Sections 1 through 17 of chapter 88-443,

17  Laws of Florida, are 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

21  detention deputies correctional officers, and noncertified

22  support staff of the Polk County Sheriff's Office. The

23  provisions of this act shall not include the sheriff or under

24  sheriff, colonels, directors, legal advisors, personnel

25  holding the rank of major or above or equivalent noncertified

26  support positions, contract personnel, nonsalaried personnel,

27  any special deputy sheriff appointed pursuant to s. 30.09(4),

28  Florida Statutes, members of the Mounted Enforcement Unit,

29  Sheriff's Posse or Auxiliary or Reserve Unit, or any person

30  appointed as a part-time employee deputy sheriff, as defined

31  by the Criminal Justice Standards and Training Commission,


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  1  unless such person is also employed full-time by the office of

  2  the Sheriff.  It is the intent of this act to authorize an

  3  advisory personnel system, to maintain the full powers of the

  4  Sheriff, and to continue to respect the legal limitations on

  5  the right of collective bargaining and other rights under part

  6  II of chapter 447, Florida Statutes, and not to grant such

  7  rights to any deputy, member, or employee of the Polk County

  8  Sheriff's Office who, prior to the effective date of this act,

  9  did not otherwise have such rights pursuant to law.

10         Section 2.  The Sheriff of Polk County is hereby

11  authorized to appoint a personnel board, hereafter referred to

12  as the "board," to act as an advisory agency of and to the

13  Sheriff, which board shall be composed of five members to be

14  appointed as follows:

15         (1)  Two members of the board shall be selected and

16  appointed by the Sheriff.

17         (2)  Two members of the board shall be appointed by the

18  Sheriff after being elected in an election among members of

19  the classified service from a group of three nominations

20  chosen by a majority vote of a three-person seven-person

21  committee known as the Members Nominating Committee Advisory

22  Council representing the classified members of the Sheriff's

23  Office as described in section 9.  Each of the three

24  candidates nominated by the Members Nominating Committee

25  Advisory Council shall possess qualifications for board

26  membership as outlined in subsections (5) and (6).

27         (3)  The fifth member shall be selected by the four

28  appointed members of the board and shall be appointed by the

29  Sheriff.

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  1         (4)  All members shall be appointed by the Sheriff and

  2  shall also possess the qualifications for board membership

  3  outlined in subsections (5) and (6).

  4         (5)  No member appointed pursuant to subsection (1),

  5  subsection (2), or subsection (3), or his or her alternate,

  6  may be:

  7         (a)  An employee of the Sheriff's Office or of any city

  8  or county of this state or of the State of Florida or the

  9  United States; or

10         (b)  A member of any national, state, or county

11  committee of a political party; or

12         (c)  A candidate for, or incumbent of, any paid public

13  office; or

14         (d)  The spouse, parent or grandparent, child or

15  grandchild, brother or sister, aunt or uncle, niece or nephew,

16  by consanguinity or affinity, of a member of the classified

17  service; or

18         (e)  Situated so as to have a conflict of interest in

19  the terms of his or her related business, duties, or

20  responsibilities in connection with the board.

21         (6)  All members of the personnel board shall be at

22  least 21 years of age; of good moral character; of good

23  reputation in the community; citizens of the United States;

24  permanent residents of Florida; and residents of Polk County

25  for at least 2 years prior to the date of appointment.

26         (7)  Two alternates to the board shall be appointed by

27  the Sheriff.  In the event that a vacancy occurs in that a

28  board member terminates or that a matter before the board

29  involves a conflict of interest, the alternate member shall

30  serve for the hearing or term of office as the case may be.

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  1         (8)  The ranking officer in charge of the Human

  2  Resources Civil Service Section shall be designated as the

  3  Human Resources Civil Service Administrator and shall serve as

  4  secretary to the board and as an ex officio member of the

  5  board but shall have no vote.

  6         Section 3.  To ensure continuity, the initial board

  7  members shall be appointed by serve from the date the Sheriff

  8  to 2-year terms on an alternating schedule effective the

  9  second Tuesday of January makes the appointments until the

10  second Tuesday in January of the year following the effective

11  date of this act.  Two Board members shall then be appointed

12  during even numbered years on a staggered basis, with two

13  members appointed for a 2-year term and three members shall be

14  appointed during odd numbered years for a 3-year term.

15  Thereafter, board members shall serve at the pleasure of the

16  Sheriff for 2-year terms.  Nothing contained herein shall

17  prohibit board members from being reappointed by the Sheriff

18  for additional terms.

19         Section 4.  Members of the board shall receive no

20  salary, but each shall be paid a monthly allowance, the amount

21  to be determined by the Sheriff, for expenses incurred in

22  performing the duties of the board.

23         Section 5.  The board Sheriff shall elect designate one

24  member to serve as the chair for a 2-year period. The chair

25  chairman who shall perform such duties as are provided for by

26  the board's rules.

27         Section 6.  The Sheriff shall make available to the

28  board a table of organization and a list of all employees and

29  members officers, positions, and classes and the pay scale of

30  each position and class now existing in the Sheriff's Office.

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  1         Section 7.  The board shall have the following powers

  2  and duties:

  3         (1)  To adopt and amend rules and regulations for its

  4  hearing procedures subject to approval by the Sheriff.

  5         (2)  To hear appeals and complaints in matters provided

  6  for in this act and to make recommendations to the Sheriff

  7  regarding the same. Three members shall constitute a quorum

  8  for hearing an appeal and rendering a decision.

  9         Section 8.  Job descriptions, job classifications,

10  personnel rules, general orders, schedules, and pay plans in

11  effect at the time this act is adopted are hereby confirmed

12  and ratified and shall remain in effect until amended by the

13  Sheriff with such review and recommendation by the personnel

14  board as the sheriff may deem appropriate.  The Sheriff shall

15  have the authority to adopt such rules and regulations as are

16  necessary for the implementation and administration of this

17  the act.

18         Section 9.  There shall be a three-person seven-person

19  Members Nominating Committee Advisory Council which shall

20  nominate candidates for appointment to the board serve in an

21  advisory capacity to the Civil Service Administrator

22  concerning personnel matters, civil service policies, and

23  rules and regulations affecting members of the classified

24  service.  The departmental representation of the Members

25  Advisory Council shall be determined by the Sheriff.  All

26  members of the committee Members Advisory Council shall be

27  members of the classified service.  One member shall be

28  elected from each department of seven areas determined by the

29  Sheriff and shall be elected to serve by secret vote of all

30  members of the classified service within each respective

31  department area.  Members of the committee Members Advisory


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  1  Council shall serve a 2-year 1-year term of office beginning

  2  July 1 of each year.  The initial council shall serve from the

  3  date elected until July 1 of the following year.

  4         Section 10.  Members in the classified service who have

  5  held positions for 1 year or more immediately prior to the

  6  effective date of this act shall be continued in their

  7  respective positions until separated from their positions.

  8  Those holding positions for less than 1 year immediately prior

  9  to the effective date of this act shall serve the remainder of

10  the probationary period in effect at the time the individual

11  was appointed.

12         Section 1011.  The Sheriff or the Sheriff's designee

13  may create new positions within the Sheriff's Office or

14  combine, alter, or abolish existing positions in such manner

15  as the Sheriff deems necessary.

16         Section 1112.  The Human Resources Civil Service

17  Administrator shall give public notice of vacancies and of

18  open competitive examinations for positions in the classified

19  service. The Human Resources Civil Service Administrator in

20  the Sheriff's Office shall establish and maintain such

21  eligibility lists for the various job classes as are deemed

22  necessary to meet the needs of the Sheriff's Office.

23         Section 1213.  (1)  Whenever a vacancy occurs in any

24  position in the classified service, the Sheriff or the

25  Sheriff's designee shall make requisition to the Human

26  Resources Civil Service Administrator for the names and

27  addresses of all persons eligible for appointment thereto.  In

28  the event that a candidate acceptable to the Sheriff or the

29  Sheriff's designee is recommended, the Sheriff or the

30  Sheriff's designee thereupon shall appoint this person to the

31  position where when the vacancy exists. The Sheriff or the


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  1  Sheriff's designee shall immediately inform the Human

  2  Resources Civil Service Administrator of such his action.

  3         (2)  In the absence of an eligibility list, the Sheriff

  4  or the Sheriff's designee may, if he or she determines that

  5  the necessity of adequate law enforcement or operational

  6  efficiency so requires, appoint a person without reference to

  7  an eligibility list to fill a vacant position on a provisional

  8  basis.  The Sheriff or the Sheriff's designee shall

  9  immediately inform the Human Resources Civil Service

10  Administrator of such his action. Such provisional appointee

11  shall be a person who lawfully could be appointed within the

12  personnel system had he or she been an applicant. Such

13  provisional appointee shall acquire no rights under the system

14  by virtue of said appointment and said appointment shall

15  terminate immediately when an eligible person from an

16  eligibility list is certified to and accepted by the Sheriff,

17  or within 6 months from the date of the appointment, or 45

18  days after the establishment of an eligibility list, whichever

19  is the shorter length of time. Acceptance or refusal or a

20  provisional appointment shall not prejudice or in any way

21  affect the standing of a person who is an applicant or who

22  shall become an applicant for an established a permanent

23  position.

24         (3)  In the event of an emergency, the Sheriff or the

25  Sheriff's designee may appoint a person to fill a position not

26  to exceed 3 calendar months during any 12-month period.

27         Section 1314.  No appointment or promotional

28  appointment to any position in the classified service shall be

29  deemed complete until the expiration of a period of at least

30  1-year probationary service.  During the initial probationary

31  period, the Sheriff or the Sheriff's designee may terminate or


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  1  otherwise discipline the appointee and the appointee shall not

  2  be eligible for a hearing before the board. Appointments may

  3  be regarded as taking effect upon the date the person

  4  appointed reports for duty.

  5         Section 14.  Whenever a position in the classified

  6  service is filled by promotion, the person may be returned to

  7  duty in a position at the level formerly held by him or her in

  8  the classified service without a hearing during his or her

  9  promotion probationary period. The member but may have the

10  opportunity for a hearing if dismissed terminated from the

11  service or suspended for greater than 40 hours 5 days if he or

12  she has completed an initial 1-year probationary period.

13         Section 15.  It is not the intent of this act to modify

14  the Sheriff's absolute control over the selection and

15  retention of the Sheriff's his deputies and of other

16  department members of the Sheriff's Office as provided for by

17  the law.  No dismissal, demotion, suspension, or reduction in

18  pay shall be taken against any nonprobationary member of the

19  classified service unless notice of the action and the reason

20  therefor is given to the member verbally or in writing prior

21  to the action taking effect. Written notice shall be given

22  within 24 hours after the action where retention would be

23  detrimental to the interest of the Sheriff's Office or fellow

24  members or the public. An opportunity to respond orally and in

25  writing to the Sheriff or the Sheriff's his representative in

26  the decisionmaking process may be granted prior to the

27  effective date of the action if so requested.  Following

28  issuance of the written notice of disciplinary action, the

29  affected member of the classified service may seek a formal

30  hearing for a review of dismissal, demotion, suspension of

31  greater than 40 hours 5 days, or reduction in pay, provided


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  1  that the member, as a condition to seeking a hearing, shall,

  2  upon receipt of the written notice, answer the same in writing

  3  and file the answer and a request with the Sheriff within 7

  4  calendar days after the issuance of the notice.  If a

  5  dismissal, demotion, suspension of greater than 40 hours 5

  6  days, or reduction in pay is answered and a hearing is

  7  requested in writing within 7 calendar days, the member of the

  8  classified service may have an opportunity for a hearing

  9  before the board with all the rights and privileges afforded

10  under section 16.  In the case of a notice of dismissal, the

11  member shall remain dismissed without pay pending the hearing

12  and the final decision of the Sheriff.  In the case of a

13  demotion, suspension of greater than 40 hours 5 days, or

14  reduction in pay, the member shall be subject to the

15  disciplinary action shall not be delayed to be reviewed

16  pending the review process.  The board shall report in writing

17  its findings and recommendations to the Sheriff along with any

18  mitigating circumstances noted for review and consideration by

19  the Sheriff.  The Sheriff shall retain the right of final

20  determination.  No member of the classified service may be

21  reinstated, with or without backpay or benefits, without the

22  concurrence of the Sheriff.  For disciplinary purposes, the

23  Sheriff or the Sheriff's designee may reprimand, orally or in

24  writing, or summarily suspend a member of the classified

25  service for a period not exceeding 40 hours 5 working days,

26  and such action shall not be subject to review and

27  recommendation of the board.

28         Section 16.  The practice and procedure of the board

29  with respect to any hearing by the board authorized by this

30  act shall be in accordance with the rules and regulations to

31  be established by the board. Such rules which shall provide


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  1  for a reasonable notice of hearing to all persons affected by

  2  a recommendation to be made by the board, with the opportunity

  3  to be heard in his or her behalf at a hearing to be held for

  4  that purpose and to examine and cross-examine witnesses.

  5         (1)  The board, when conducting any hearings authorized

  6  by this act, shall have the power to appoint hearing

  7  examiners, administer oaths, take or allow the taking of

  8  depositions, and issue subpoenas to compel the attendance of

  9  witnesses and the production of books, accounts, papers,

10  records, documents, and testimony.  In the case of the

11  disobedience or failure of any person to comply with a

12  subpoena issued by the board or any of its members, or on the

13  refusal of a witness to testify on any matter on which he or

14  she may be lawfully interrogated, the judge of the circuit

15  court of the county, on application of the board, shall compel

16  the obedience by proceedings as for contempt.  The service of

17  a subpoena shall be made in the manner provided by the Florida

18  Rules of Civil Procedure.  Each witness subpoenaed by the

19  board shall receive for his or her attendance, fees and

20  mileage in the amount as provided for witnesses in civil

21  cases, if requested.

22         (2)  The board shall meet for the purpose of hearing

23  the appeal promptly and no later than 30 days after receipt of

24  the answer and request for hearing, unless good cause exists

25  for, or the affected member agrees to, a postponement.

26         (3)  The actions of the board and the Sheriff shall be

27  exempt from the provisions of chapter 120, Florida Statutes.

28         Section 17.  When a newly elected or appointed Sheriff

29  assumes office, the service of all personnel shall continue

30  without the necessity of formal reappointment.

31  Notwithstanding any other provision of this act, the incoming


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  1  Sheriff shall have the option of maintaining the current

  2  personnel assigned to the rank of major and above or

  3  equivalent noncertified support positions or transferring

  4  those personnel as described below.  If the incoming Sheriff

  5  fills any of the above positions with a new person and the

  6  current occupant of the above position is a certified law

  7  enforcement officer or detention deputy corrections officer,

  8  he or she shall be reduced to the rank of captain if

  9  certified, or to the equivalent noncertified support position

10  if not certified immediately and his or her salary reduced

11  accordingly.  The member's salary shall be reduced in

12  compliance with the salary policy in effect at that time, but

13  shall be no less than the salary the member would have

14  attained had the member remained in the highest classification

15  accorded appeal rights under this act. Following the election

16  or appointment of a Sheriff, appointments of all personnel

17  remain at the pleasure of the Sheriff, and personnel in the

18  classified service may be terminated by affirmative action of

19  the Sheriff or the Sheriff's his successor in office subject

20  to the provisions of this act.

21         Section 2.  This act shall take effect upon becoming a

22  law.

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