House Bill 0815er

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    2000 Legislature                       HB 815, First Engrossed



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  2         An act relating to Osceola County; providing

  3         Career Service status for certain members of

  4         the Osceola County Sheriff's Office; providing

  5         for codification of chapter 89-516, Laws of

  6         Florida; specifying rights of members;

  7         providing promotional procedures and Career

  8         Service positions; providing for the

  9         appointment of a Career Service board to hear

10         appeals and procedures with respect thereto;

11         specifying a disciplinary policy and providing

12         procedures of appeal and complaint handling;

13         repealing chapter 89-516, Laws of Florida;

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.  This act constitutes the codification of

19  chapter 89-516, Laws of Florida, relating to the Osceola

20  County Sheriff's Office.  It is the intent of the Legislature

21  in enacting this law to provide a single, comprehensive

22  special act, including current legislative authority and any

23  additional authority granted by this act.

24         Section 2.  Chapter 89-516, Laws of Florida, is

25  codified and repealed as provided by this act.

26         Section 3.  The Osceola County Sheriff's Office Civil

27  Service Act is re-created and reenacted to read:

28         Section 1.  Members of the Osceola County Sheriff's

29  Office; applicability of the act; career services of agency

30  members; transition; administration.--

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  1         (1)  Applicability.--The provisions of this act shall

  2  apply to all appointed deputy sheriffs and nonappointed

  3  members of the Osceola County Sheriff's Office.  The

  4  provisions of this act shall not apply to the sheriff; nor to

  5  those above the rank of lieutenant; nor to special deputy

  6  sheriffs appointed pursuant to section 30.09(4), Florida

  7  Statutes, members of the sheriff's reserve, auxiliary, posse

  8  units, volunteers, task force members, and individuals

  9  appointed as part-time deputy sheriffs, as defined by the

10  Criminal Justice Standards and Training Commission.  As used

11  in this act, the terms "member," "personnel," "employee,"

12  "employ," and "employment" shall refer to all persons, whether

13  employed or appointed, to whom the act applies. It is not,

14  however, the intent of this act to grant the right of

15  collective bargaining to members of the Osceola County

16  Sheriff's Office who do not otherwise have that right pursuant

17  to law.

18         (2)  Career Service positions.--

19         (a)  The following Career Service positions are

20  established and recognized:

21         1.  Level 4 lieutenant.

22         2.  Level 3 sergeant.

23         3.  Level 2 deputy sheriff.

24         4.  Level 1 nonappointed.

25         (b)  Promotions above level 1 shall be made by

26  content-valid examinations according to the agency's

27  promotional system.  All promotions to the rank of sergeant

28  and lieutenant made after the effective date of this act must

29  be as a result of said competitive examinations.

30         (3)  Career Service status.--

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  1         (a)  After a member of the Sheriff's Office, to whom

  2  the provisions of this act apply, has served for a period of

  3  one (1) calendar year, such member shall have attained Career

  4  Service status, unless the member is placed on extended

  5  probation for just cause.

  6         (b)  Effective upon this act becoming a law, all

  7  current nonprobationary members of the Sheriff's Office will

  8  be granted Career Service status at the rank which they

  9  currently hold, provided that said member currently holds a

10  Career Service rank.

11         (c)  If a member is separated but later rejoins the

12  Sheriff's Office, said member shall be required to complete

13  one (1) further calendar year of service before being granted

14  the right of appeal provided in section 4.

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

16  period attendant to a promotion shall retain Career Service

17  status with the Sheriff, but may be demoted to his/her prior

18  rank during such probationary period without the right of

19  appeal as provided in section 4.

20         (e)  A member demoted to a Career Service rank from a

21  non-Career Service rank shall complete a one (1) year

22  probationary period in the Career Service rank before being

23  eligible to protection offered with Career Services status.

24         (f)  Promotions or demotions of members or creation of

25  rank to circumvent the intent of this act shall be held as

26  invalid and shall not affect the Career Service status of any

27  member affected by such invalid action.

28         (4)  Transition of Career Service members.--

29         (a)  When a newly elected or appointed sheriff assumes

30  office, the new sheriff shall continue the status of current

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  1  Career Service personnel unless cause for dismissal or

  2  demotion exists.

  3         (b)  Cause shall be misfeasance, nonfeasance, or

  4  malfeasance of office.

  5         (c)  Said Career Service members shall retain their

  6  Career Service ranks up to and including the rank of

  7  lieutenant.

  8         (5)  Administration.--The sheriff has and shall

  9  continue to have the authority to adopt such rules,

10  regulations, and procedures as are necessary for the

11  implementation and administration of this act, including, but

12  not limited to, appeal hearing proceedings. Nothing in this

13  act shall be construed as affecting the budgetmaking powers of

14  the Board of County Commissioners of Osceola County.

15         Section 2.  Complaints against members; standards of

16  conduct; discipline; discipline appeals.--

17         (1)  Standards of conduct and complaint procedure.--The

18  sheriff shall establish general rules and standards of conduct

19  for all personnel and a complaint receipt and processing

20  procedure in order to adequately provide for the prompt

21  receipt, investigation, and disposition of complaints against

22  personnel of the Sheriff of Osceola County.

23         (2)  Discipline procedure.--A discipline procedure

24  shall be established which contains provisions for factual

25  review of each disciplinary action by the sheriff's director

26  of personnel, or other person so designated by the sheriff,

27  and an opportunity for the accused to respond to the charges.

28  A decision by the disciplining authority to impose a

29  disciplinary action shall result in the completion of a Notice

30  of Disciplinary Action form by the disciplining authority.

31         (3)  Discipline appeal procedure.--


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  1         (a)  An appeal of a Notice of Disciplinary Action must

  2  be made in accordance with the sheriff's disciplinary

  3  procedure and shall result in a hearing by a departmental

  4  Disciplinary Appeal Board as specified in said procedure.  The

  5  sheriff shall appoint the chairperson and the board shall

  6  serve as specified in the discipline procedure.

  7         (b)  Following the hearing, the board shall report to

  8  the sheriff via the director of personnel, or other person so

  9  designated by the sheriff, specifying whether the appeal is

10  with or without merit.

11         (c)  The sheriff shall render a decision in writing

12  that shall be final.

13         Section 3.  Career Service Board; creation; membership

14  duties.--

15         (1)  Function of the board.--A Career Service Appeals

16  Board shall be appointed herein for the purposes of hearing

17  appeals of Career Service members arising from disciplinary

18  actions brought under the sheriff's rules, procedures, or

19  policies which result in dismissal, suspension, demotion, or

20  reduction in pay, provided that oral or written reprimand,

21  probation, and suspension from work for three (3) work days or

22  less as a result of a single investigation shall not be

23  appealable to the board.

24         (2)  Membership of the Career Service Board.--The

25  Career Service Board shall consist of five (5) members, none

26  of whom shall have been involved in the original event which

27  resulted in the disciplinary process that is the subject of

28  the appeal, none of whom are related to the appellant, none of

29  whom have been terminated from a law enforcement agency within

30  Osceola County due to a disciplinary action, none of whom have

31  any ongoing litigation against the Osceola Sheriff's Office,


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  1  and none of whom are on probation or have received discipline

  2  within the last year.  A method of selection and terms of

  3  office are as follows:

  4         (a)  The sheriff shall appoint two full-time law

  5  enforcement officers from an agency within Osceola County to

  6  serve on the board only with regard to the appellant's

  7  particular appeal.

  8         (b)  The appellant shall appoint two full-time law

  9  enforcement officers from an agency within Osceola County to

10  serve on the board only with regard to the appellant's

11  particular appeal.

12         (c)  The four members of the board, having been

13  selected as per paragraphs (a) and (b) shall between them

14  select a full-time law enforcement officer employed at the

15  Osceola County Sheriff's Office to serve as the fifth member

16  and chairperson of the board. This chairperson/member shall

17  serve only with regard to the appellant's particular appeal.

18         (d)  In the event that either the sheriff or the

19  appellant's appointees to the board do not qualify as per

20  subsection (2), an alternate name shall be submitted to the

21  career service administrator by the applicable party within

22  three (3) working days of notification of the

23  disqualification.

24         (e)  The appeal board will be declared at an impasse by

25  the administrator if the four members fail to agree on a fifth

26  member/chairperson. After declaring an impasse, the

27  administrator shall notify the sheriff or his/her designated

28  representative and the appellant. To break the impasse, the

29  administrator may utilize the following options:

30         1.  The sheriff and/or appellant may choose to appoint

31  new board members or retain the present appointees.


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  1         2.  If neither party wishes to replace their

  2  appointees, or if new appointees still result in an impasse,

  3  the administrator shall contact a circuit or county judge and

  4  request the court appoint a fifth member to serve as a

  5  chairperson from a current roster of law enforcement officers

  6  employed on a full-time basis at the Osceola Sheriff's Office.

  7         (f)  All five members, as provided for above, shall

  8  constitute a quorum.

  9         (g)  Seated board members may not be replaced or

10  substituted without advanced approval of the entire remaining

11  board.

12         (h)  The sheriff shall select a member of the Osceola

13  County Sheriff's Office to serve as the administrator of the

14  Career Service Board.  This administrator shall have no voting

15  right as to the actions of the board and shall serve only to

16  assist the board in scheduling, recording, the calling of

17  witnesses, and other such administrative duties and shall be

18  responsible for advising the board of the board's

19  responsibilities under the provisions of this act.

20         Section 4.  Career Service Board appeal procedure.--

21         (1)  Timeliness.--A Career Service appeal of the final

22  decision of the sheriff on a disciplinary action as specified

23  in section 2(3)(c) shall be made in writing to the

24  administrator of the Career Service Board.  The Career Service

25  appeal must be received by the administrator no later than

26  five (5) working days after the disciplined individual is

27  served with the sheriff's final decision. Said appeal shall

28  include the names of the two members of the board selected by

29  the appellant as provided in section 3(2)(b). The Career

30  Service Board shall meet for purposes of hearing the appeal no

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  1  later than thirty (30) working days after the receipt of an

  2  appeal by the administrator.

  3         (2)  Conduct of hearing.--

  4         (a)  During any Career Service hearing the member

  5  filing the appeal shall have the right to be heard publicly,

  6  to be represented by an individual of his/her choice, other

  7  than an elected or appointed official of Osceola County or an

  8  attorney licensed to practice law in the State of Florida, and

  9  to present any evidentiary facts in his/her behalf, however,

10  said facts shall be restricted to those presented during the

11  disciplinary procedure.

12         (b)  During such hearings, the technical rules of

13  evidence shall not apply.

14         (c)  The board shall, in the conduct of such hearings,

15  have the power to administer oaths, issue subpoenas, compel

16  the attendance of witnesses, and require the production of

17  books, records, accounts, papers, documents, and testimony.

18         (d)  In the event of disobedience by any person to

19  comply with an order of the board or a subpoena issued by the

20  board, or upon refusal of a witness to testify on any matter

21  regarding which he/she may be lawfully interrogated, a Circuit

22  Judge of the Ninth Judicial Circuit, upon application of the

23  chairperson of the board, shall compel obedience by proceeding

24  as for contempt.

25         (e)  Each witness who appears in obedience to a

26  subpoena before the board shall receive compensation for

27  attendance fees and mileage as provided witnesses in civil

28  cases in the courts of this state unless the witness is a law

29  enforcement officer appearing before the board during normal

30  duty hours. Such payments shall be made by the party calling

31  the witness; except that with respect to any witness called by


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  1  the board, payments shall be made by the sheriff upon

  2  presentation of proper vouchers and approval of the

  3  chairperson and administrator.

  4         (f)  The board shall have the power to enact, adopt,

  5  and amend rules and regulations governing procedures before

  6  the board.

  7         (3)  Board responsibilities and findings.--

  8         (a)  The board shall, by majority vote, dispose of the

  9  appeal by making findings of fact and issuing a written

10  decision to the sheriff and the appellant.

11         (b)  Such decision shall either sustain or not sustain

12  the action being appealed.

13         (c)  If an action by the sheriff is not sustained by

14  the board, the board shall offer such remedial action as is

15  appropriate, which may include reinstatement with or without

16  back pay and may modify any disciplinary action which was the

17  subject of the appeal.

18         (d)  No board shall have the authority to impose on any

19  member any penalty which is more harsh than that which formed

20  the basis of the appeal.

21         (e)  The decision of the board shall be final and

22  binding on the appellant and the sheriff.

23         Section 5.  All persons to whom this act applies as

24  specified in section 1 who have served for a period of one (1)

25  calendar year or more as of the effective date of this act

26  shall be Career Service members subject to the provisions of

27  this act.  All other members shall become Career Service

28  members subject to the provisions of this act upon reaching

29  their one (1) year service anniversary date.

30         Section 4.  The provisions of this act shall be

31  severable and, if any of the provisions shall be


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  1  unconstitutional, the decision of the court shall not affect

  2  the validity of the remaining provisions.  It is hereby

  3  declared to be the intent of the Legislature that this act

  4  would have been adopted had such unconstitutional provision

  5  not been included therein.

  6         Section 5.  Chapter 89-516, Laws of Florida, is

  7  repealed.

  8         Section 6.  This act shall take effect upon becoming a

  9  law.

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