House Bill 0815
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Florida House of Representatives - 2000 HB 815
By Representatives Bronson and Johnson
1 A bill to be entitled
2 An act relating to Osceola County; amending
3 chapter 89-516, Laws of Florida; providing for
4 authority of sheriff over appeal hearing
5 proceedings; revising requirements for
6 membership of Career Service Board; providing
7 for alternate appointee to the board; providing
8 rules regarding an impasse on appointment of
9 fifth board member; requiring advance approval
10 of entire board to replace or substitute seated
11 board member; increasing number of days for
12 board to hear an appeal; revising compensation
13 for certain witnesses before the board;
14 providing an effective date.
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16 Be It Enacted by the Legislature of the State of Florida:
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18 Section 1. Section 1 of chapter 89-516, Laws of
19 Florida, is amended to read:
20 Section 1. Members of the Osceola County Sheriff's
21 Office; applicability of the act; career services of agency
22 members; transition; administration.--
23 (1) Applicability.--The provisions of this act shall
24 apply to all appointed deputy sheriffs and nonappointed
25 members of the Osceola County Sheriff's Office. The
26 provisions of this act shall not apply to the sheriff; nor to
27 those above the rank of lieutenant; nor to special deputy
28 sheriffs appointed pursuant to s. 30.09(4), Florida Statutes,
29 members of the sheriff's reserve, auxiliary, posse units,
30 volunteers, task force members, and individuals appointed as
31 part-time deputy sheriffs, as defined by the Criminal Justice
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1 Standards and Training Commission. As used in this act, the
2 terms "member," "personnel," "employee," "employ," and
3 "employment" shall refer to all persons, whether employed or
4 appointed, to whom the act applies. It is not, however, the
5 intent of this act to grant the right of collective bargaining
6 to members of the Osceola County Sheriff's Office who do not
7 otherwise have that right pursuant to law.
8 (2) Career Service positions.--
9 (a) The following Career Service positions are
10 established and recognized:
11 1. Level 4 lieutenant.
12 2. Level 3 sergeant.
13 3. Level 2 deputy sheriff.
14 4. Level 1 nonappointed.
15 (b) Promotions above level 1 shall be made by
16 content-valid examinations according to the agency's
17 promotional system. All promotions to the rank of sergeant
18 and lieutenant made after the effective date of this act must
19 be as a result of said competitive examinations.
20 (3) Career Service status.--
21 (a) After a member of the Sheriff's Office, to whom
22 the provisions of this act apply, has served for a period of
23 one (1) calendar year, such member shall have attained Career
24 Service status, unless the member is placed on extended
25 probation for just cause.
26 (b) Effective upon this act becoming a law, all
27 current nonprobationary members of the Sheriff's Office will
28 be granted Career Service status at the rank which they
29 currently hold, provided that said member currently holds a
30 Career Service rank.
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1 (c) If a member is separated but later rejoins the
2 Sheriff's Office, said member shall be required to complete
3 one (1) further calendar year of service before being granted
4 the right of appeal provided in section 3.
5 (d) Any member who is required to serve a probationary
6 period attendant to a promotion shall retain Career Service
7 status with the Sheriff, but may be demoted to his/her prior
8 rank during such probationary period without the right of
9 appeal as provided in section 3.
10 (e) A member demoted to a Career Service rank from a
11 non-Career Service rank shall complete a one (1) year
12 probationary period in the Career Service rank before being
13 eligible to protection offered with Career Services status.
14 (f) Promotions or demotions of members or creation of
15 rank to circumvent the intent of this act shall be held as
16 invalid and shall not affect the Career Service status of any
17 member affected by such invalid action.
18 (4) Transition of Career Service members.--
19 (a) When a newly elected or appointed sheriff assumes
20 office, the new sheriff shall continue the status of current
21 Career Service personnel unless cause for dismissal or
22 demotion exists.
23 (b) Cause shall be misfeasance, nonfeasance, or
24 malfeasance of office.
25 (c) Said Career Service members shall retain their
26 Career Service ranks up to and including the rank of
27 lieutenant.
28 (5) Administration.--The sheriff has and shall
29 continue to have the authority to adopt such rules,
30 regulations, and procedures as are necessary for the
31 implementation and administration of this act, including, but
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1 not limited to, appeal hearing proceedings.; however, Nothing
2 in this act shall be construed as affecting the budgetmaking
3 powers of the Board of County Commissioners of Osceola County.
4 Section 2. Section 3 of chapter 89-516, Laws of
5 Florida, is amended to read:
6 Section 3. Career Service Board; creation; membership
7 duties.--
8 (1) Function of the board.--A Career Service Appeals
9 Board shall be appointed herein for the purposes of hearing
10 appeals of Career Service members arising from disciplinary
11 actions brought under the sheriff's rules, procedures, or
12 policies which result in dismissal, suspension, demotion, or
13 reduction in pay, provided that oral or written reprimand,
14 probation, and suspension from work for three (3) work days or
15 less as a result of a single investigation shall not be
16 appealable to the board.
17 (2) Membership of the Career Service Board.--The
18 Career Service Board shall consist of five (5) members, none
19 of whom shall have been involved in the original event which
20 resulted in the disciplinary process that is the subject of
21 the appeal, none of whom are related to the appellant, none of
22 whom have been terminated from a law enforcement agency within
23 Osceola County due to a disciplinary action, none of whom have
24 any ongoing litigation against the Osceola Sheriff's Office,
25 and none of whom are on probation or have received discipline
26 within the last year. and a board administrator whose A method
27 of selection and terms of office are as follows:
28 (a) The sheriff shall appoint two full-time law
29 enforcement officers from an agency within Osceola County to
30 serve on the board only with regard to the appellant's
31 particular appeal.
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1 (b) The appellant shall appoint two full-time law
2 enforcement officers from an agency within Osceola County to
3 serve on the board only with regard to the appellant's
4 particular appeal.
5 (c) The four members of the board, having been
6 selected as per paragraphs (a) and (b) shall between them
7 select a full-time law enforcement officer employed at the
8 from an agency within Osceola County Sheriff's Office to serve
9 as the fifth member and chairperson of the board. This
10 chairperson/member shall serve only with regard to the
11 appellant's particular appeal.
12 (d) In the event that either the sheriff or the
13 appellant's appointees to the board do not qualify as per
14 section 3., paragraph (2), an alternate name shall be
15 submitted to the career service administrator by the
16 applicable party within three (3) working days of notification
17 of the disqualification. For the purpose of this appeal board,
18 both appointees from paragraph (a), both appointees from
19 paragraph (b), and the chairperson shall constitute a quorum.
20 (e) The appeal board will be declared at an impasse by
21 the administrator if the four members fail to agree on a fifth
22 member/chairperson. After declaring an impasse, the
23 administrator shall notify the sheriff or his/her designated
24 representative and the appellant. To break the impasse, the
25 administrator may utilize the following options:
26 1. The sheriff and/or appellant may choose to appoint
27 new board members or retain the present appointees.
28 2. If neither party wishes to replace their
29 appointees, or if new appointees still result in an impasse,
30 the administrator shall contact a circuit or county judge and
31 request the court appoint a fifth member to serve as a
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1 chairperson from a current roster of law enforcement officers
2 employed on a full-time basis at the Osceola Sheriff's Office.
3 (f) All five members, as provided for above, shall
4 constitute a quorum.
5 (g) Seated board members may not be replaced or
6 substituted without advanced approval of the entire remaining
7 board.
8 (h) The sheriff shall select a member of the Osceola
9 County Sheriff's Office to serve as the administrator of the
10 Career Service Board. This administrator shall have no voting
11 right as to the actions of the board and shall serve only to
12 assist the board in scheduling, recording, the calling of
13 witnesses, and other such administrative duties and shall be
14 responsible for advising the board of the board's
15 responsibilities under the provisions of this act.
16 Section 3. Section 4 of chapter 89-516, Laws of
17 Florida, is amended to read:
18 Section 4. Career Service Board appeal procedure.--
19 (1) Timeliness.--A Career Service appeal of the final
20 decision of the sheriff on a disciplinary action as specified
21 in section 3 shall be made in writing to the administrator of
22 the Career Service Board. The Career Service appeal must be
23 received by the administrator no later than five (5) working
24 days after the disciplined individual is served with the
25 sheriff's final decision. Said appeal shall include the names
26 of the two members of the board selected by the appellant as
27 provided in section 3(2)(b). The Career Service Board shall
28 meet for purposes of hearing the appeal no later than thirty
29 (30) fifteen (15) working days after the receipt of an appeal
30 by the administrator.
31 (2) Conduct of hearing.--
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1 (a) During any Career Service hearing the member
2 filing the appeal shall have the right to be heard publicly,
3 to be represented by an individual of his/her choice, other
4 than an elected or appointed official of Osceola County, or an
5 attorney licensed to practice law in the State of Florida, and
6 to present any evidentiary facts in his/her behalf, however,
7 said facts shall be restricted to those presented during the
8 disciplinary procedure.
9 (b) During such hearings, the technical rules of
10 evidence shall not apply.
11 (c) The board shall, in the conduct of such hearings,
12 have the power to administer oaths, issue subpoenas, compel
13 the attendance of witnesses, and require the production of
14 books, records, accounts, papers, documents, and testimony.
15 (d) In the event of disobedience by any person to
16 comply with an order of the board or a subpoena issued by the
17 board, or upon refusal of a witness to testify on any matter
18 regarding which he/she he may be lawfully interrogated, a
19 Circuit Judge of the Ninth Judicial Circuit, upon application
20 of the chairperson of the board, shall compel obedience by
21 proceeding as for contempt.
22 (e) Each witness who appears in obedience to a
23 subpoena before the board shall receive compensation for
24 attendance fees and mileage as provided witnesses in civil
25 cases in the courts of this state unless the witness is a law
26 enforcement officer appearing before the board during normal
27 duty hours. Such payments shall be made by the party calling
28 the witness; except that with respect to any witness called by
29 the board, payments shall be made by the sheriff upon
30 presentation of proper vouchers and approval of the
31 chairperson and administrator.
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1 (f) The board shall have the power to enact, adopt,
2 and amend rules and regulations governing procedures before
3 the board.
4 (3) Board responsibilities and findings.--
5 (a) The board shall, by majority vote, dispose of the
6 appeal by making findings of fact and issuing a written
7 decision to the sheriff and the appellant.
8 (b) Such decision shall either sustain or not sustain
9 the action being appealed.
10 (c) If an action by the sheriff is not sustained by
11 the board, the board shall offer such remedial action as is
12 appropriate, which may include reinstatement with or without
13 back pay and may modify any disciplinary action which was the
14 subject of the appeal.
15 (d) No board shall have the authority to impose on any
16 member any penalty which is more harsh than that which formed
17 the basis of the appeal.
18 (e) The decision of the board shall be final and
19 binding on the appellant and the sheriff.
20 Section 4. This act shall take effect upon becoming a
21 law.
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