House Bill hb0629er

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  2         An act relating to Citrus County; specifying

  3         rights of certain employees and appointees of

  4         the Citrus County Sheriff; providing

  5         definitions; providing proceedings and

  6         provisions with respect to dismissal; providing

  7         for transition between administrations;

  8         providing for career appeals boards; providing

  9         for appeals procedures; providing an effective

10         date.

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

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14         Section 1.  Employees and appointees of Citrus County

15  Sheriff; applicability of act; career status and

16  administration.--

17         (1)  APPLICABILITY.--

18         (a)  The provisions of this act shall apply to all

19  certified and noncertified persons appointed or employed by

20  the Citrus County Sheriff, with the following exceptions:

21         1.  Commanders or, in the event of a title change, the

22  highest ranked certified law enforcement officer or officers

23  reporting directly to the sheriff.

24         2.  Special deputy sheriffs appointed under section

25  30.09(4), Florida Statutes.

26         3.  Members of a sheriff's posse or reserve unit.

27         4.  Part-time appointees and employees, whether

28  salaried or hourly paid, who are scheduled to work less than

29  24 hours per week.

30         5.  Independent contractors, temporary employees, or

31  contract employees.


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  1         6.  Appointees and employees employed pursuant to a

  2  grant, the continued existence or funding of which is subject

  3  to the expiration or withdrawal of the grant provider.

  4         7.  For the purpose of the act, "appointee" and

  5  "employee" are synonymous, and any derivative of "employ"

  6  refers to the persons to whom this act applies.

  7         (b)  This act does not apply to an otherwise covered

  8  person who claims that a dismissal was for lawful off-duty

  9  political activity or for discriminatory reasons.

10         (c)  This act does not change the independence of the

11  sheriff as set forth in section 30.53, Florida Statutes, which

12  reserves the final authority and responsibility of dismissing

13  employees and appointees solely to the sheriff's discretion.

14         (d)  This act does not grant the right of collective

15  bargaining to the sheriff's employees who do not otherwise

16  have that right pursuant to law.

17         (e)  This act does not cover the nondisciplinary

18  dismissal of employees or appointees. Such nondisciplinary

19  dismissals include those arising from a reduction in force,

20  layoff, and partial or total abolition or cessation of a

21  program, service, operation, department, subdivision, or

22  grant-funded position, at the discretion of the sheriff.

23         (2)  DEFINITIONS.--As used in this act:

24         (a)  "Appointee" means a person selected by the sheriff

25  to serve in the position of deputy sheriff or correctional

26  officer who is a certified officer within the meaning of

27  chapter 943, Florida Statutes.

28         (b)  "Employee" means any person employed by the

29  sheriff for a position which does not require certification

30  under chapter 943, Florida Statutes.

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  1         (c)  "Dismissal" means the discharge or withdrawal of

  2  appointment by the sheriff or his or her designee of a person

  3  employed or appointed to a position with the Office of the

  4  Sheriff.

  5         (d)  "Initial probationary period" means 1 year of

  6  conditional employment or appointment commencing on the

  7  initial date of actual work and continuing for 12 months in a

  8  regularly established position. This probationary period may

  9  be extended at the discretion of the sheriff for a period

10  equal to any work time taken off during the 12-month period.

11  The initial 12-month probationary period may also be extended

12  at the discretion of the sheriff for an additional 6 months.

13         (e)  "Career appeals board" means an ad hoc board

14  authorized under this act to hear disciplinary dismissal

15  appeals.

16         (f)  "Reemployment" means the reappointment or

17  reemployment of a person who was previously an appointee or

18  employee of the Office of the Sheriff.

19         (3)  CAREER STATUS.--

20         (a)  After an employee or appointee of the sheriff to

21  whom the provisions of this act apply has completed the

22  initial or extended probationary period, the person shall have

23  attained career status in the Office of the Sheriff. If the

24  person is reemployed at a later date, he or she shall be

25  required to again complete the probationary period before

26  being granted the right of appeal provided in section 2.

27         (b)  The sheriff may at any time dismiss an appointee

28  or employee who has not completed the initial or extended

29  probationary period without granting the right of appeal

30  provided in section 2.

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  1         (c)  Any person who has attained career status must be

  2  provided with written notice of the reason or reasons for the

  3  proposed dismissal. If, however, the sheriff perceives a

  4  significant hazard in keeping the employee on the job, or when

  5  delay could result in damage or injury, the employee may be

  6  immediately dismissed without notice and reasons; however, the

  7  employee must be provided with such notice and reasons within

  8  2 calendar days after the date of dismissal, except when

  9  circumstances surrounding the situation make notice within 2

10  days impracticable.

11         (d)  An employee or appointee who has achieved career

12  status is entitled to appeal a disciplinary dismissal to a

13  career appeals board.

14         (4)  TRANSITION.--When a newly elected or appointed

15  sheriff assumes office, all career status appointees and

16  employees shall remain employees of the new administration,

17  including bureau, division, and judicial services commanders

18  as defined in subparagraph (1)(a)1. In addition to the

19  commanders, those persons entitled to the rights of this

20  provision are those who have achieved career service status

21  and who, when the new sheriff assumes office, hold the rank of

22  captain or lieutenant or the positions of civilian division

23  director, public information officer, or sheriff's secretary.

24         (a)  The new sheriff may reduce a commander, captain,

25  or judicial services commander only one rank below the rank

26  held on the day before the new sheriff assumes office.

27         (b)  The new sheriff may reassign the civilian

28  directors, public information officers, and sheriff's

29  secretary to the next highest position classification within

30  the pay and classification system.

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  1         (c)  The reductions in rank and reassignments provided

  2  for in paragraphs (a) and (b) shall remain in effect for no

  3  more than 6 months, and thereafter the respective positions or

  4  assignments shall be at the sheriff's discretion.

  5         (d)  The salary of a displaced officer or person shall

  6  not be reduced below the maximum of the new pay grade which is

  7  applicable to the officer's or person's new position as set

  8  forth in the existing pay and classification guide or 6

  9  percent of the person's former rate of pay or salary,

10  whichever is less.

11         (e)  The commanders, directors, and other employees and

12  appointees set forth in paragraphs (a) and (b) shall retain

13  career service appeal rights applicable to their reduced rank

14  or reassigned position as set forth in this section.

15         (5)  ADMINISTRATION.--The sheriff shall have the

16  authority to adopt such rules and regulations as are necessary

17  for the implementation and administration of this act;

18  however, nothing in this act shall be construed as affecting

19  the budget-making powers of the Board of County Commissioners

20  of Citrus County.

21         Section 2.  Career appeals boards; creation;

22  membership; duties.--

23         (1)  FUNCTION OF BOARDS.--Ad hoc career appeals boards

24  shall be appointed for the purpose of hearing appeals of

25  employees having career status arising from their disciplinary

26  dismissal. Any such board may also provide assistance and

27  advice to the sheriff in matters concerning disciplinary

28  dismissal and may take any other actions authorized by the

29  sheriff.

30         (a)  A career appeals board shall be utilized to make a

31  nonbinding recommendation to the sheriff as to whether the


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  1  dismissal was for a violation of sheriff's office policy,

  2  rule, regulation, procedure, or practice.

  3         (b)  An employee or appointee who is dismissed is not

  4  granted the right of appeal if said person is charged with a

  5  felony, misdemeanor, or major traffic infraction and enters a

  6  plea of guilty or of nolo contendere, is adjudicated guilty,

  7  or adjudication of guilt is withheld and the accused is placed

  8  on probation or a pretrial intervention plan.

  9         (2)  MEMBERSHIP OF BOARD.--Upon the call of the

10  sheriff, or upon the filing of an appeal, an ad hoc career

11  appeals board shall be appointed. The membership of each board

12  shall consist of five appointees or employees of the Office of

13  the Sheriff. Two members shall be selected by the employee or

14  appointee filing the appeal, two members shall be selected by

15  the sheriff, and the fifth member, who shall serve as the

16  chair, shall be selected by the other four members. If these

17  four members are unable to agree upon the fifth member within

18  15 days after the filing of the appeal and after exercising

19  due diligence, they shall request the circuit court to appoint

20  the fifth member, who shall serve as chair. Any employee may

21  decline to serve as a member of the board.

22         (a)  The chair shall have the authority to decide all

23  motions or preliminary matters which are raised prior to the

24  opening of the appeals hearing. Any such decision may be

25  renewed before the board.

26         (b)  The hearing shall be conducted during the

27  sheriff's administrative office hours; therefore, employees

28  selected to serve on the board shall serve without additional

29  compensation. Once selected, the members of a board shall

30  serve until the board issues its recommendations to the

31  sheriff and, unless reconvened, the board shall be dissolved.


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  1         (c)  The director in charge of personnel matters or the

  2  director's designee shall serve as an ex officio member of the

  3  board for the purpose of providing procedural guidance to the

  4  board concerning the application of this act and any rules or

  5  regulations of this act and any rules or regulations adopted

  6  by the sheriff relating thereto, but such ex officio member

  7  shall not have a vote.

  8         (3)  PROCEDURE WITH RESPECT TO APPEALS.--An employee or

  9  appointee who has achieved career status may submit a written

10  request for a hearing to the sheriff or the sheriff's designee

11  within 7 calendar days after receiving a notice of dismissal

12  which shall be hand delivered or sent certified mail, return

13  receipt requested. The appeal must contain a brief statement

14  of the matters to be considered by the career appeals board

15  and the names of the employees selected to serve on the board.

16         (a)  A career appeals board shall be selected and shall

17  meet for the purpose of hearing the appeal within 30 calendar

18  days after receipt of the notice of appeal. However, an

19  extension of time may be granted by the chair for good cause

20  or upon agreement of the parties.

21         (b)  The person filing the appeal has the right to a

22  public hearing, to be represented by a person of his or her

23  choice, to present relevant evidence and argument, and to

24  cross-examine witnesses.

25         (c)  The rules of evidence and civil procedure are not

26  applicable to hearings conducted under this act.

27         (d)  The board in conducting such hearings shall have

28  the power to administer oaths, issue subpoenas, compel the

29  attendance of witnesses, and require the production of

30  documents. In case of the failure of any person to comply with

31  the order of the board or a subpoena issued by the board, or


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  1  upon the refusal of the witness to testify on any matter

  2  regarding which he or she may be lawfully interrogated, a

  3  county judge of the county in which the person resides, upon

  4  application of the board, shall compel obedience by proceeding

  5  as if it were contempt. Each witness who appears before the

  6  board in obedience to a subpoena shall receive compensation

  7  for attendance fees and mileage as provided for witnesses in

  8  civil cases in the courts of this state. Such payment shall be

  9  made by the party calling the witness, except that, with

10  respect to any witness called by the board, payment shall be

11  made by the sheriff upon presentation of proper vouchers.

12         (e)  The board shall, by majority vote, dispose of the

13  appeal for which it was appointed by making a finding of fact

14  and issuing its written recommendations, including mitigating

15  circumstances, to the sheriff for consideration. The sheriff

16  shall retain the right of final determination, and no person

17  may be reinstated, with or without back pay or benefits,

18  without the concurrence of the sheriff.

19         (f)  The board shall confine its deliberations to the

20  evidence presented at the hearing, and such deliberations are

21  exempt from the public meeting requirements of chapter 286,

22  Florida Statutes.

23         (g)  The actions of the board and the sheriff shall be

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

25  The actions of the sheriff are executory and are not subject

26  to certiorari appeal.

27         (h)  The provisions of this act shall be severable, and

28  if any provision shall be unconstitutional, the decision of

29  the court shall not affect the validity of the remaining

30  provisions.

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  1         Section 3.  This act shall take effect upon becoming a

  2  law.

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