House Bill 1441e1

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                                      HB 1441, First Engrossed/ntc



  1                      A bill to be entitled

  2         An act relating to Hernando County; providing

  3         for application of the act to career-service

  4         members of the Hernando County Sheriff's

  5         Office; providing certain exceptions; defining

  6         the term "member" with respect to

  7         career-service personnel of the Hernando County

  8         Sheriff's Office; specifying the period of

  9         employment required to qualify for

10         career-service membership; providing for

11         implementation of the act; authorizing the

12         Sheriff to adopt rules; creating the Career

13         Service Appeals Board; providing for membership

14         of the board; providing for the board to make

15         nonbinding recommendations to the Sheriff with

16         respect to the dismissal of a member; providing

17         for compensation for witnesses appearing before

18         the board; specifying rights and procedures for

19         hearings before the board; providing that

20         actions of the board and Sheriff are exempt

21         from ch. 120, F.S.; providing immunity from

22         civil liability for certain actions; exempting

23         certain appeals from application of the act;

24         providing for severability; providing an

25         effective date.

26

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

28

29         Section 1.  Members of Hernando County Sheriff's

30  Office; applicability of the act; career-service status.--

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                                      HB 1441, First Engrossed/ntc



  1         (1)  This act applies to members of the Hernando County

  2  Sheriff's Office, with the following exceptions:

  3         (a)  Members serving in full-time positions during the

  4  initial probationary period.

  5         (b)  Part-time members.

  6         (c)  Reserve and auxiliary deputy sheriffs.

  7         (d)  Special deputies.

  8         (e)  Members holding the position of Chief Deputy or

  9  Undersheriff.

10         (f)  Members holding the position of Captain or above.

11         (2)  This act does not apply to the dismissal of a

12  member which arises from a layoff or from the partial or total

13  abolition or cessation of a program, service, operation,

14  department, or grant-funded position, at the discretion of the

15  Sheriff.

16         (3)  This act does not grant the right of collective

17  bargaining to members of the Hernando County Sheriff's Office

18  who do not otherwise have that right pursuant to law.

19         (4)  As used in this act, the term "member" means all

20  persons, whether employed by or appointed to the Hernando

21  County Sheriff's Office, including personnel certified under

22  chapter 943, Florida Statutes, and noncertified personnel.

23         (5)(a)  A member attains the status as a career-service

24  member if the member serves for 1 calendar year and is not

25  placed upon extended probation during that period. Any member

26  who is placed on extended probation attains status as a

27  career-service member upon successful completion of the

28  extended probation.

29         (b)  For the purpose of determining career-service

30  status under this act, all time in the employment of the

31  Hernando County Sheriff's Office while attending the police


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                                      HB 1441, First Engrossed/ntc



  1  academy, or other comparable training, for certification as a

  2  sworn officer or deputy sheriff does not count toward the 1

  3  calendar year of minimum service required for purposes of

  4  qualifying as a career-service member.

  5         (c)  Effective July 1, 2000, all nonprobationary

  6  members who hold the rank of lieutenant or below, through a

  7  competitive promotional process, shall be granted

  8  career-service status at such rank or level.

  9         (d)  Any member who is required to serve a probationary

10  period attendant to a promotion shall retain his or her status

11  as a career-service member of the Sheriff's Office, but may be

12  demoted to his or her prior position during the probationary

13  period.

14         (e)  Any member who leaves the employment of the

15  Sheriff's Office must, after rejoining the employment of the

16  Sheriff's Office, complete 1 additional calendar year of

17  service before being granted status as a career-service

18  member.

19         (6)  The Sheriff shall implement this act on July 1,

20  2000. Any career-service member of the Sheriff's Office who

21  holds the rank of lieutenant or below, through a competitive

22  promotional process, on July 1, 2000, shall retain his or her

23  career-service rank, unless cause exists for demotion. Cause

24  shall be misfeasance, nonfeasance, or malfeasance in office,

25  or for any just cause for which certification of a law

26  enforcement officer may be revoked under chapter 943, Florida

27  Statutes.

28         Section 2.  Administration.--The Hernando County

29  Sheriff may adopt rules to administer this act. However, this

30  act does not affect the authority of the Hernando County Board

31  of County Commissioners to adopt a budget.


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                                      HB 1441, First Engrossed/ntc



  1         Section 3.  Career Service Appeals Board; creation;

  2  membership; duties.--

  3         (1)  An ad hoc Career Service Appeals Board is created

  4  for the purpose of hearing appeals of career-service members

  5  arising from disciplinary dismissal. The board may also

  6  provide assistance and advice to the Sheriff in matters

  7  concerning disciplinary dismissal and may take any other

  8  action authorized by the Sheriff.

  9         (2)  The Career Service Appeals Board shall be composed

10  of:

11         (a)  Two individuals selected by a majority vote of the

12  career-service members of the Sheriff's Office.

13         (b)  Two individuals selected by the Sheriff.

14         (c)  One individual, selected by a majority of the

15  other four members of the board, who shall serve as

16  chairperson, unless otherwise determined by the board.

17         (3)(a)  Each individual appointed to the board must be

18  of good moral character and reputation within the community,

19  be a citizen of the United States, and have been a permanent

20  resident of Hernando County for at least 2 years.

21         (b)  Board members shall be appointed to terms of 2

22  years each, except that of the initial appointments, one of

23  the individuals appointed by the Sheriff and one of the

24  individuals appointed by the career-service members shall be

25  appointed to terms of 1 year.

26         (4)  A board member may not be:

27         (a)  A member of any national, state, or county

28  committee of a political party.

29         (b)  A candidate for or an incumbent of any elected

30  public office.

31         (c)  A member of the Hernando County Sheriff's Office.


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                                      HB 1441, First Engrossed/ntc



  1         (d)  The spouse, parent, grandparent, child,

  2  grandchild, brother, sister, aunt, uncle, niece, or nephew, by

  3  consanguinity or affinity, of a member of the Sheriff's

  4  Office.

  5         (e)  Positioned so as to have a conflict of interest

  6  with the duties and responsibilities of board membership.

  7         (5)  The Career Service Appeals Board shall make a

  8  nonbinding recommendation to the Sheriff as to whether a

  9  member's dismissal was for a violation of a policy, rule,

10  procedure, or practice of the Sheriff's Office.

11         (a)  The chairperson of the board may sign all notices,

12  subpoenas, and recommendations on behalf of the board. A judge

13  of the circuit court of Hernando County, on application of the

14  Career Service Appeals Board, shall compel obedience by

15  proceedings as for contempt upon failure of any person to

16  comply with a subpoena or testify upon any matter on which he

17  or she may be lawfully interrogated.

18         (b)  Each witness who appears in obedience to a

19  subpoena before the board shall receive the same compensation

20  for attendance and mileage as is provided to witnesses in

21  civil cases who appear before the courts of this state.

22  Payment is the responsibility of the party calling the

23  witness, except that with respect to any witness called by the

24  board, payment shall be made by the Sheriff upon presentation

25  of proper documentation.

26         (6)(a)  Any person who files an appeal concerning his

27  or her status as a career-service member of the Sheriff's

28  Office has a right to a hearing before the Career Service

29  Appeals Board, may be represented by a person of his or her

30  choice, may present relevant evidence and argument, and may

31  cross-examine witnesses.


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                                      HB 1441, First Engrossed/ntc



  1         (b)  The board shall, by a majority vote, dispose of

  2  the appeal by making a finding of fact and issuing its written

  3  recommendations, including any mitigating circumstances, to

  4  the Sheriff for his or her consideration. The Sheriff retains

  5  the right of final determination and a person may not be

  6  reinstated with or without back pay or benefits without the

  7  concurrence of the Sheriff.

  8         (7)  The actions of the Career Service Appeals Board

  9  and the Sheriff are exempt from chapter 120, Florida Statutes.

10  The actions of the Sheriff are final and not subject to

11  appeal.

12         (8)  The Career Service Appeals Board, its members, the

13  Sheriff, witnesses while giving truthful testimony, and all

14  representatives of parties appearing before the board are

15  immune from civil liability arising from actions taken

16  pursuant to this section.

17         Section 4.  Nonapplicability of act.--This act does not

18  apply to any appeal by a deputy sheriff claiming dismissal due

19  to lawful off-duty political activity or discriminatory

20  reasons, which may be appealed under chapter 30, Florida

21  Statutes.

22         Section 5.  If any provision of this act or the

23  application thereof to any person or circumstance is held

24  invalid, the invalidity does not affect other provisions or

25  applications of the act which can be given effect without the

26  invalid provision or application, and to this end the

27  provisions of this act are declared severable.

28         Section 6.  This act shall take effect July 1, 2000.

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