House Bill 4323er
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1998 Legislature HB 4323, First Engrossed
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2 An act relating to Palm Beach County; amending
3 ch. 93-367, Laws of Florida, as amended;
4 revising provisions relating to employees of
5 the Palm Beach County Sheriff; revising
6 procedures for appeal of disciplinary actions
7 and complaints against employees of the
8 sheriff; providing that certain monetary
9 emoluments be based on performance for
10 employees at the rank of captain or its
11 civilian equivalent; providing an effective
12 date.
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14 Be It Enacted by the Legislature of the State of Florida:
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16 Section 1. Subsection (1) of section 2 of chapter
17 93-367, Laws of Florida, is amended to read:
18 Section 2. Hearing review boards; function;
19 membership; procedures.--
20 (1) FUNCTION OF BOARDS.--Ad hoc hearing review boards
21 shall be appointed as provided herein for the purpose of
22 hearing appeals of career service employees arising from
23 personnel actions brought under the rules, regulations, or
24 policies of the Office of the Sheriff which result in
25 dismissal, suspension, demotion, or reduction in pay. Lateral
26 transfers, shift changes, reprimands, oral or written, and
27 suspensions of 2 working days or less than 1 working day shall
28 not be appealable to the board; however, no more than one such
29 action of suspension may occur within 1 calendar year without
30 the right to appeal. The scope of the review board is limited
31 to disciplinary proceedings and termination actions. Review
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1998 Legislature HB 4323, First Engrossed
1 boards have the authority to conduct hearings and make
2 findings of fact and recommendations to the Sheriff. The
3 Sheriff shall not be bound by the findings or recommendations
4 of such boards, but will consider them in making his final
5 decision. Except in the case of termination, the decision of
6 the Sheriff is final and not appealable within the office.
7 Section 2. Subsections (1) and (2) of section 3 of
8 chapter 93-367, Laws of Florida, as amended by chapters 96-450
9 and 97-325, Laws of Florida, are amended to read:
10 Section 3. Preservation of employment benefits and
11 emoluments.--
12 (1) The provisions of this section shall apply to all
13 certified and noncertified persons in the employ of the
14 Sheriff of Palm Beach County, including deputy sheriffs, as
15 specified in section 1(2)(a) of chapter 93-367, Laws of
16 Florida, except that this section shall not apply to those
17 employees beyond the rank of captain or its civilian
18 equivalent.
19 (2) Existing employer-paid benefits and emoluments
20 with regard to the pay plan, longevity plan,
21 tuition-reimbursement plan, career-path program, health
22 insurance, life insurance, and disability benefits may not be
23 substantially reduced, except in the case of exigent
24 operational necessity, except all moneys which would have been
25 allocated to longevity pay for those at the rank of captain or
26 its civilian equivalent shall be disbursed in accordance with
27 objective performance-related criteria. The objective
28 performance-related criteria shall take into consideration
29 input from a committee including those at the rank of captain
30 or its civilian equivalent.
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CODING: Words stricken are deletions; words underlined are additions.
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1998 Legislature HB 4323, First Engrossed
1 Section 3. This act shall take effect upon becoming a
2 law.
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