HOUSE AMENDMENT
                                                   Bill No. HB 875   Barcode 960059
    Amendment No. 01 (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW
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11  The Committee on Local Government & Veterans Affairs offered
12  the following:
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14         Amendment (with title amendment) 
15  Remove from the bill:  Everything after the enacting clause
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17  and insert in lieu thereof:  
18         Section 1.  Section 1 of chapter 93-367, Laws of
19  Florida, as amended by chapter 99-437, Laws of Florida, is
20  amended to read:
21         Section 1.  Employees of the Palm Beach County Sheriff;
22  applicability of act; permanent status of employees;
23  transition; administration.--
24         (1)  CAREER SERVICE EMPLOYEES.--The term "career
25  service employee" as used in this act shall mean the following
26  personnel: deputy sheriffs of nonsupervisory rank who have
27  completed their probationary period; Law Enforcement and
28  Corrections Sergeants, Lieutenants, Captains, Majors,
29  Colonels, Undersheriffs, or others holding sworn supervisory
30  or executive staff rank, who have either been promoted through
31  the ranks from a nonsupervisory, nonmanagerial rank and who
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    File original & 9 copies    04/05/01                          
    hca0002                     06:06 pm         00875-lgva-960059

HOUSE AMENDMENT Bill No. HB 875 Barcode 960059 Amendment No. 01 (for drafter's use only) 1 have at least 5 years of full-time, sworn law enforcement or 2 sworn corrections service with the Sheriff's Office or who 3 otherwise have at least 10 years of full-time, sworn law 4 enforcement or sworn corrections service with the Sheriff's 5 Office, whether such time is continuous or not. During any 6 transition, the Undersheriff, Colonels, Majors, or others 7 holding sworn supervisory or executive staff rank who are 8 career service employees may only be reduced to the rank of 9 Captain (sworn). Career service employees below the rank of 10 Major shall not be subject to dismissal or demotion without 11 just cause. The term "career service employee" as used in this 12 act shall also mean the following personnel: nonmanagerial 13 non-sworn personnel who have completed their probationary 14 period and non-sworn supervisors, managers, and non-sworn 15 equivalents of Colonel, Major, or others holding non-sworn 16 supervisory or executive staff rank who have either been 17 promoted through the ranks from a nonsupervisory, 18 nonmanagerial position and have at least 5 years of full-time 19 service with the Sheriff's Office, or who otherwise have at 20 least 10 years of full-time service with the Sheriff's Office, 21 whether such time is continuous or not. During any transition, 22 the non-sworn equivalents of Colonel, Major, or others holding 23 non-sworn supervisory or executive staff rank who are career 24 service employees may only be reduced to the non-sworn 25 equivalent of the rank of Captain. those employees hired at 26 the entry level who have successfully completed their 27 probationary period. Colonels, Majors, Directors, or their 28 executive staff equivalents promoted through the ranks shall 29 be considered career service employees, and during any 30 transition may only be reduced to the rank of Captain or its 31 civilian equivalent. Colonels, Majors, Directors, or their 2 File original & 9 copies 04/05/01 hca0002 06:06 pm 00875-lgva-960059
HOUSE AMENDMENT Bill No. HB 875 Barcode 960059 Amendment No. 01 (for drafter's use only) 1 executive staff equivalents appointed by the Sheriff laterally 2 must have completed 10 years of service in the appointed rank 3 to be considered career service employees. The Undersheriff 4 shall at no time be considered a career service employee. 5 Career service employees below the non-sworn equivalent of the 6 rank of Major or its civilian equivalent shall not be subject 7 to dismissal or demotion without just cause. 8 (2) APPLICABILITY.-- 9 (a) The provisions of this act shall apply to all 10 certified and noncertified persons in the employ of the 11 Sheriff of Palm Beach County, including deputy sheriffs. The 12 provisions of this act do not apply to the Sheriff, 13 Undersheriff, special deputies appointed pursuant to s. 14 30.09(4), Florida Statutes, members of the Sheriff's posse, 15 reserve units, or persons appointed as part-time deputy 16 sheriffs, as defined by the Criminal Justice Standards and 17 Training Commission, unless any such person is also employed 18 full time by the Office of the Sheriff. As used in this act, 19 the terms "employee," "employ," and "employment" refer to all 20 persons, whether employed or appointed, to whom the act 21 applies. 22 (b) Nothing in this act shall be construed as 23 affecting the budget-making authority and power of the Palm 24 Beach County Board of County Commissioners. 25 (c) Approved and authorized reductions in staff shall 26 be accomplished on a seniority basis within the Office of the 27 Sheriff. 28 (3) CAREER SERVICE STATUS; CAUSE FOR SUSPENSION OR 29 DISMISSAL.-- 30 (a) When an employee of the Sheriff to whom the 31 provisions of this act apply has served in such employment for 3 File original & 9 copies 04/05/01 hca0002 06:06 pm 00875-lgva-960059
HOUSE AMENDMENT Bill No. HB 875 Barcode 960059 Amendment No. 01 (for drafter's use only) 1 a period of 1 calendar year from the date the employee first 2 enters the Sheriff's orientation program or the beginning of 3 field training, whichever comes first, such employee shall 4 have attained career service status in the Office of the 5 Sheriff; however, if an employee is placed on disciplinary 6 probation for a period of 6 months or more or is terminated 7 and rehired at a later date, the employee shall be required to 8 complete 1 calendar year of service from the date of the 9 disciplinary action before being granted the right to appeal 10 as provided in section 2. Any employee who is required to 11 serve a probationary period attendant to a promotion shall 12 retain permanent status in the Office of the Sheriff, but may 13 be returned to his prior rank during such probationary period 14 without the right of appeal as provided in section 2. For the 15 purpose of determining career service status as defined by the 16 provisions of this act, all time in the employment of the 17 Office of the Sheriff while in the police academy or other 18 comparable training for certification as a sworn officer or 19 deputy sheriff shall not be counted or considered in any 20 manner in determining whether the employee has attained 1 21 calendar year of minimum service for career service 22 protection. 23 (b) Any employee who has achieved career service 24 status in the Office of the Sheriff may only be suspended or 25 dismissed for cause, provided that, prior to such action, the 26 employee has been furnished written notice of the proposed 27 action and has been offered an opportunity to respond to the 28 reasons for the suspension or dismissal. In extraordinary 29 situations, however, such as when delay could result in damage 30 or injury, an employee may be suspended or dismissed 31 immediately and then provided notice thereof and reasons 4 File original & 9 copies 04/05/01 hca0002 06:06 pm 00875-lgva-960059
HOUSE AMENDMENT Bill No. HB 875 Barcode 960059 Amendment No. 01 (for drafter's use only) 1 therefor within 48 hours, or as soon as is practical if 2 circumstances surrounding such extraordinary situation makes 3 notice within 48 hours impractical. Cause for suspension or 4 dismissal includes, but is not limited to, negligence, 5 inefficiency, or inability to perform assigned duties, 6 insubordination, violation of provisions of law or office 7 rules, conduct unbecoming a public employee, misconduct, proof 8 of alcohol abuse, proof of abuse of prescription drugs, or 9 proof of use of illegal drugs. Cause for suspension or 10 dismissal also includes, but is not limited to, adjudication 11 of guilt by a court of competent jurisdiction, a plea of 12 guilty or of nolo contendere, or a verdict of guilty when 13 adjudication of guilt is withheld and the accused is placed on 14 probation, with respect to any felony, misdemeanor, or major 15 traffic infraction. The filing by a law enforcement agency of 16 felony, misdemeanor, or major traffic infraction charges 17 against an employee or an arrest of an employee for such 18 infractions constitutes cause for suspension. 19 (4) TRANSITION OF EMPLOYEES.-- 20 (a) When a newly elected or appointed Sheriff assumes 21 office, the new Sheriff shall continue the employment of all 22 currently employed career service personnel unless cause for 23 dismissal, as provided herein, exists. The incoming Sheriff 24 may maintain the current staff personnel assigned to the 25 position of Undersheriff, Colonel, Major, Director, Assistant 26 Director, or their executive staff equivalents. However, in 27 the event that the incoming Sheriff fills such positions with 28 new personnel, the current occupants of those positions who 29 are career service employees shall be reduced to no lower than 30 the rank of Captain, or its equivalent, which rank shall be 31 permanent unless later reduced by disciplinary demotion. Their 5 File original & 9 copies 04/05/01 hca0002 06:06 pm 00875-lgva-960059
HOUSE AMENDMENT Bill No. HB 875 Barcode 960059 Amendment No. 01 (for drafter's use only) 1 salaries may be reduced accordingly, provided, however, that 2 any reduction in salary shall constitute the least financial 3 impact to the career service employee within the existing 4 Captain or Captain-equivalent pay scale. Actions taken 5 pursuant to this subsection affecting the Undersheriff, 6 Colonels, Majors, Directors, Assistant Directors, or their 7 executive staff equivalents shall not be appealable under 8 section 2. 9 (b) Dismissals or demotions pursuant to 10 across-the-board actions directed by the Palm Beach County 11 Board of County Commissioners, resulting from county fiscal 12 impacts, shall not be appealable under the provisions of 13 section 2. 14 (5) ADMINISTRATION.--The Sheriff shall have the full 15 authority to adopt such rules, regulations, and procedures 16 necessary for the administration and implementation of this 17 act. The rules, regulations, and procedures shall meet or 18 exceed approved Standards of Accreditation for Law Enforcement 19 Agencies. 20 Section 2. Section 2 of chapter 93-367, Laws of 21 Florida, as amended by chapter 98-517, Laws of Florida, is 22 amended to read: 23 Section 2. Hearing review boards; function; 24 membership; procedures.-- 25 (1) FUNCTION OF BOARDS.--Ad hoc hearing review boards 26 shall be appointed as provided herein for the purpose of 27 hearing appeals of career service employees arising from 28 personnel actions brought under the rules, regulations, or 29 policies of the Office of the Sheriff which result in 30 dismissal, suspension, demotion, or reduction in pay. Lateral 31 transfers, shift changes, reprimands, oral or written, and 6 File original & 9 copies 04/05/01 hca0002 06:06 pm 00875-lgva-960059
HOUSE AMENDMENT Bill No. HB 875 Barcode 960059 Amendment No. 01 (for drafter's use only) 1 suspensions of 2 working days or less shall not be appealable 2 to the board; however, no more than one such action of 3 suspension may occur within 1 calendar year without the right 4 to appeal. The scope of the review board is limited to 5 disciplinary proceedings and termination actions. Review 6 boards have the authority to conduct hearings and make 7 findings of fact and recommendations to the Sheriff. The 8 Sheriff shall not be bound by the findings or recommendations 9 of the majority of the board. There shall be no further 10 appeals such boards, but will consider them in making his 11 final decision. Except in the case of termination, the 12 decision of the Sheriff is final and not appealable within the 13 office. 14 (2) MEMBERSHIP AND RESPONSIBILITY OF BOARD.-- 15 (a) There shall be a fixed pool of board members 16 mutually agreed upon by the Sheriff and any labor organization 17 representing the employees of the Sheriff's Office. If any 18 group of employees has a certified bargaining agent, the pool 19 of Hearing Review Board members for that certified bargaining 20 unit shall be mutually agreed upon by the Sheriff and the 21 collective bargaining representative for said bargaining unit. 22 The pool of board members shall be identified as follows: the 23 Sheriff shall nominate 50 potential board members for the 24 sworn law enforcement discipline, 50 potential board members 25 for the sworn corrections discipline, and 50 potential board 26 members for the non-sworn administrative employees. In 27 addition, the Sheriff shall designate seven potential 28 chairpersons above the rank of Lieutenant, or the civilian 29 equivalent, for each employee discipline as stated herein. To 30 be named as a potential board member, an employee must have at 31 least 3 years of full-time experience with the Sheriff's 7 File original & 9 copies 04/05/01 hca0002 06:06 pm 00875-lgva-960059
HOUSE AMENDMENT Bill No. HB 875 Barcode 960059 Amendment No. 01 (for drafter's use only) 1 Office, have above-average evaluations for the previous 3 2 years, and have no discipline above a written reprimand for 3 the prior 2 years. Every employee of the Sheriff's Office 4 shall have a right to decline nomination as a potential 5 designee. The certified bargaining agent or, if there is none, 6 a committee elected by a majority of the employees voting 7 within a discipline shall take turns, in alphabetical order, 8 striking the names of the Sheriff's nominees in order to 9 arrive at a permanent list of 15 Hearing Review Board member 10 designees, and five alternates, who shall serve a term of 3 11 years. The board member designees and alternates shall be 12 removed from the established list if they receive any 13 discipline above a written reprimand during their term. 14 (b)(a) The Hearing Review Board shall consist of five 15 members of the Sheriff's Office selected from the same 16 discipline as the aggrieved employee of the Sheriff. The 17 Sheriff shall select two members of the board from the 18 established list of Hearing Review Board member designees, 19 with at least one member above the rank of Lieutenant to serve 20 as the board chairperson. Two members of the board shall be 21 selected by the employee requesting the hearing from the 22 established list of Hearing Review Board member designees. The 23 fifth member shall be selected by the other four members. Each 24 selected member shall have the right to decline to serve for 25 good cause. 26 (c)(b) All members of the Hearing Review Board shall 27 be selected on the basis of fairness, objectivity, and 28 impartiality. No member of the board shall be above the rank 29 of Captain, or its civilian equivalent, nor shall any member 30 of the board be on probationary status. Any person who is in 31 any way involved in or associated with the matter being 8 File original & 9 copies 04/05/01 hca0002 06:06 pm 00875-lgva-960059
HOUSE AMENDMENT Bill No. HB 875 Barcode 960059 Amendment No. 01 (for drafter's use only) 1 brought before the Hearing Review Board shall not serve as a 2 member or chairperson of said board. No member or chairperson 3 of a Hearing Review Board, who in good faith serves in such 4 capacity, shall suffer risk of retaliation from the agency or 5 from employees of the agency, including the employee who 6 requested the Hearing Review Board, as a result of his or her 7 service on the board. The board shall have no investigative 8 powers and shall function in the capacity of a fact finder in 9 an effort to arrive at a fair and equitable recommendation in 10 all matters brought before it. Selected members shall have no 11 involvement with the issues under consideration. Membership on 12 of the board is not mandatory voluntary and without 13 remuneration. However, all members shall serve on an "on-duty 14 status." Members will not discuss matters to be heard before 15 the board until the board convenes. 16 (d)(c) The Hearing Review Board chairperson shall have 17 the responsibility to: 18 1. Chair all meetings utilizing parliamentary rules of 19 order. 20 2. Convene an organizational meeting of the board to 21 select a fifth member. 22 3. Request that the employee provide the names of any 23 witnesses and a short statement of material facts which that 24 witness is expected to testify about. 25 4. Schedule and provide written notification of all 26 meetings to the Internal Affairs Bureau, witnesses, board 27 members, and employees. 28 5. Provide copies of all charges to board members. 29 6. Ensure compliance with hearing procedures. 30 7. Request that the employee furnish copies of all 31 exhibits to be introduced at the hearing. 9 File original & 9 copies 04/05/01 hca0002 06:06 pm 00875-lgva-960059
HOUSE AMENDMENT Bill No. HB 875 Barcode 960059 Amendment No. 01 (for drafter's use only) 1 (3) PROCEDURE WITH RESPECT TO HEARINGS.-- 2 (a) Any career service employee may request a hearing 3 before the Hearing Review Board for any appealable 4 disciplinary action of his or her superiors which adversely 5 affects his or her employment. 6 (b) Requests for a hearing shall be made in writing to 7 the employee's immediate supervisor within 10 business working 8 days, from Monday through Friday, excluding holidays observed 9 by the Sheriff's Office, of notice of appealable disciplinary 10 action. The request shall contain a brief statement of the 11 matters to be considered by the board and the names of the two 12 employees selected to be members of the board. 13 (c) The immediate supervisor shall forward the hearing 14 request to the Sheriff and the appropriate division commander 15 without delay. The Hearing Review Board will be impaneled and 16 a hearing date will be scheduled by the Sheriff within 10 17 business working days, from Monday through Friday, excluding 18 holidays observed by the Sheriff's Office, of receipt. 19 (d) Legal questions or case law must be submitted to 20 the chairperson 10 business days, from Monday through Friday, 21 excluding holidays observed by the Sheriff's Office, before 22 the board convenes. 23 (e) The employee or his or her representative has the 24 right to be present, to present a his case, to explain or 25 defend, and to cross-examine cross examine all witnesses and 26 complainants, provided that neither the employee nor his or 27 her representative shall disrupt the proceedings. 28 (f) The employee has the right to be represented 29 during the hearing by counsel or other representative of 30 choice who shall serve as an observer and advisor to the 31 employee. The representative may not actively participate in 10 File original & 9 copies 04/05/01 hca0002 06:06 pm 00875-lgva-960059
HOUSE AMENDMENT Bill No. HB 875 Barcode 960059 Amendment No. 01 (for drafter's use only) 1 the proceedings. 2 (g) The employee shall not discuss the circumstances 3 of the matter being brought before the board except through 4 the chairperson. 5 (h) All witnesses shall be notified in writing of the 6 date and time of the Hearing Review Board through the 7 appropriate chain of command by the chairperson of the board. 8 Employee witnesses shall be notified through the appropriate 9 chain of command. All employee witnesses notified by the 10 chairperson of the board shall be required to appear to 11 testify before the board. Written statements from nonemployee 12 witnesses should be used in lieu of personal appearance. 13 Nonemployee witnesses should only be called to appear before 14 the board at the request of the board. 15 (4) CONDUCT OF HEARING.-- 16 (a) Hearing review boards are designed to determine 17 the truth while maintaining an atmosphere of fundamental 18 fairness and shall not be controlled by civil or criminal 19 rules of procedure. 20 (b) Board members are authorized to receive verbal or 21 written testimony concerning any matter considered relevant by 22 the board. The board may review any record, including, but not 23 limited to, performance evaluations and disciplinary files. 24 (c) Employees and their representatives shall have an 25 opportunity to present evidence, conduct cross-examination 26 cross examination, and submit rebuttal evidence. 27 (5) FINDINGS AND RECOMMENDATIONS OF THE REVIEW 28 BOARD.-- 29 (a) Each complaint shall receive a separate finding 30 and recommendation by the majority of the board. Each finding 31 shall consider the seriousness of the complaint, any 11 File original & 9 copies 04/05/01 hca0002 06:06 pm 00875-lgva-960059
HOUSE AMENDMENT Bill No. HB 875 Barcode 960059 Amendment No. 01 (for drafter's use only) 1 extenuating circumstances, the tenure of the employee, and 2 past conduct record. The board shall submit to the Sheriff its 3 written findings of fact and recommendations within 5 business 4 days, from Monday through Friday, excluding holidays observed 5 by the Sheriff's Office, after the hearing. 6 (b) The board may place before the Sheriff any 7 recommended disposition of the charges before it that the 8 board believes may be of benefit to the Office of the Sheriff, 9 including, but not limited to: no disciplinary action; oral or 10 verbal reprimand; suspension; reduction of rank; termination 11 of employment; sustaining or reversing the original policy 12 violation charged decision; or recommending a more severe 13 disposition. 14 (c) The Sheriff will review the findings and 15 recommendations of the board and may either approve or 16 disapprove them. The Sheriff has the sole discretion to 17 overrule the findings of the board. 18 (c)(d) The Sheriff will notify the employee of the 19 final results of the Hearing Review Board and the reasons 20 therefor. 21 (d)(e) In the event the employee's discipline is 22 reduced employee is exonerated, the employee shall be returned 23 to work reinstated without prejudice or penalty. 24 (e)(f) When summary discipline is imposed by any 25 supervisor, the Sheriff may order a board to convene and 26 review the action of the supervisor. 27 (g) Except for termination, there shall be no further 28 appeals within the Office of the Sheriff. Terminations may be 29 appealed to the Termination Review Board. 30 (f)(h) All proceedings of the board shall be recorded 31 and retained by the Internal Affairs Bureau. Rest periods 12 File original & 9 copies 04/05/01 hca0002 06:06 pm 00875-lgva-960059
HOUSE AMENDMENT Bill No. HB 875 Barcode 960059 Amendment No. 01 (for drafter's use only) 1 shall be duly noted and there shall be no unrecorded questions 2 or statements by any parties or witnesses. Recordings shall be 3 properly marked and identified prior to filing. 4 (g)(i) All associated reports, paperwork, and 5 personnel action taken as a result of the Hearing Review Board 6 shall be retained by the Internal Affairs Bureau. 7 (6) CRIMINAL CHARGES TERMINATION REVIEW BOARD.-- 8 (a) In the event of termination, the employee may 9 request that the termination decision be resubmitted to the 10 board which originally heard the appeal within 10 days of 11 notice of termination. 12 (b) Upon review of their original recommendation and 13 the Sheriff's rationale for termination, the board may uphold 14 or reverse the decision of the Sheriff, provided that any 15 reversal shall require at least four members of the board 16 voting to reverse. The reversal shall be binding upon the 17 Sheriff. 18 (c) In the event the termination is based upon 19 criminal charges, the charges must be disposed of prior to a 20 determination by the Hearing Termination Review Board. 21 Section 3. Section 3 of chapter 93-367, Laws of 22 Florida, as amended by chapters 96-450, 97-325, and 98-517, 23 Laws of Florida, is amended to read: 24 Section 3. Preservation of employment benefits and 25 emoluments.-- 26 (1) The provisions of this section shall apply to all 27 certified and noncertified persons in the employ of the 28 Sheriff of Palm Beach County, including deputy sheriffs, as 29 specified in section 1(2)(a) of chapter 93-367, Laws of 30 Florida, except that this section shall not apply to those 31 employees beyond the rank of Captain or its civilian 13 File original & 9 copies 04/05/01 hca0002 06:06 pm 00875-lgva-960059
HOUSE AMENDMENT Bill No. HB 875 Barcode 960059 Amendment No. 01 (for drafter's use only) 1 equivalent. 2 (2) Existing employer-paid benefits and emoluments 3 with regard to the pay plan, longevity plan, 4 tuition-reimbursement plan, career-path program, health 5 insurance, life insurance, and disability benefits may not be 6 substantially reduced, except in the case of exigent 7 operational necessity, except all moneys which would have been 8 allocated to longevity pay for those at the rank of captain or 9 its civilian equivalent shall be disbursed in accordance with 10 objective performance-related criteria. The objective 11 performance-related criteria shall take into consideration 12 input from a committee including those at the rank of captain 13 or its civilian equivalent. 14 (3) Nothing in this act shall preclude the Sheriff 15 from enhancing those benefits and emoluments for employees and 16 appointees of the Palm Beach County Sheriff's Office. 17 (4) Nothing in this act shall be construed as 18 affecting the budget-making authority and power of the Palm 19 Beach County Board of County Commissioners. 20 Section 4. Section 4 is added to chapter 93-367, Laws 21 of Florida, to read: 22 Section 4. Collective bargaining status.-- 23 (1) It is the intent of this act that all full-time 24 deputy sheriffs, as defined in this act, shall be deemed 25 "public employees," as defined in part II of chapter 447, 26 Florida Statutes. 27 (2) Deputy sheriffs, in their status as public 28 employees, shall be entitled to all rights, privileges, and 29 obligations granted by law, including the right to organize 30 and collectively bargain, pursuant to part II of chapter 447, 31 Florida Statutes. 14 File original & 9 copies 04/05/01 hca0002 06:06 pm 00875-lgva-960059
HOUSE AMENDMENT Bill No. HB 875 Barcode 960059 Amendment No. 01 (for drafter's use only) 1 Section 5. This act shall take effect upon becoming a 2 law. 3 4 5 ================ T I T L E A M E N D M E N T =============== 6 And the title is amended as follows: 7 On page , 8 remove from the bill: the entire title 9 10 and insert in lieu thereof: 11 A bill to be entitled 12 An act relating to Palm Beach County; amending 13 chapter 93-367, Laws of Florida, as amended; 14 defining "career service employee" and 15 providing restrictions for reduction in rank of 16 certain employees; providing applicability; 17 specifying rights of such employees; revising 18 procedures for appeal of disciplinary actions 19 and complaints against employees of the 20 Sheriff; revising provisions for the 21 appointment of boards to hear appeals and 22 procedures with respect thereto; revising 23 provisions relating to monetary emoluments 24 based on performance; extending collective 25 bargaining status to deputy sheriffs; providing 26 an effective date. 27 28 29 30 31 15 File original & 9 copies 04/05/01 hca0002 06:06 pm 00875-lgva-960059