House Bill hb0955
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    Florida House of Representatives - 2001                 HB 955
        By Representative Bean
  1                      A bill to be entitled
  2         An act relating to correctional officers;
  3         creating s. 943.105, F.S.; creating the "Job
  4         Protection for Correctional Officers Act";
  5         providing for certain employment appeals to a
  6         complaint review board; providing for a
  7         definition of just cause; providing for the
  8         creation of ad hoc complaint review boards;
  9         providing for the function of such boards;
10         providing for membership; providing procedures
11         with respect to appeals; providing an effective
12         date.
13
14  Be It Enacted by the Legislature of the State of Florida:
15
16         Section 1.  Section 943.105, Florida Statutes, is
17  created to read:
18         943.105  Job Protection for Correctional Officers Act;
19  appeals; complaint review board; procedures.--
20         (1)  Short title.--This section may be cited as the
21  "Job Protection for Correctional Officers Act."
22         (2)  Notwithstanding any other provision of the law to
23  the contrary, in lieu of using any career service procedure or
24  protection in effect on January 1, 2001, a non-probationary
25  correctional officer of the rank of captain or below as
26  defined under s. 943.10(2) and certified or a non-probationary
27  correctional probation officer of the rank of senior
28  supervisor or below as defined in s. 943.10(3), and certified
29  may, at his or her sole discretion, appeal certain adverse
30  employment actions to an ad hoc complaint review board
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    Florida House of Representatives - 2001                 HB 955
    748-104-01
  1  established by the Department of Corrections in accordance
  2  with the following criteria:
  3         (a)  JUST CAUSE.--A correctional officer or
  4  correctional probation officer who has permanent status may
  5  only be suspended or dismissed for cause. Cause shall include,
  6  but not be limited to, negligence, inefficiency or inability
  7  to perform assigned duties, insubordination, willful violation
  8  of the provisions of law or agency rules, conduct unbecoming a
  9  public employee, misconduct, habitual drug abuse, or
10  conviction of any crime involving moral turpitude.
11         (b)  FUNCTION OF BOARDS.--Ad hoc complaint review
12  boards shall be appointed as provided herein for the purpose
13  of hearing appeals of permanent employees arising from
14  personnel actions which result in dismissal, suspension,
15  demotion, transfer, or reduction in pay; provided that
16  reprimands, oral or written, and suspensions of 4 working days
17  or less shall not be appealable to a board; provided further,
18  however, that no more than one such action of suspension may
19  occur within 1 calendar year without the right to appeal
20  regardless of the length of suspension.
21         (c)  MEMBERSHIP OF BOARDS.--
22         1.  Membership of each such board shall consist of five
23  correctional officers or, in the case of correctional
24  probation officers, five correctional probation officers who
25  are assigned within the county of the officer's employment.
26  Two members shall be selected by the Department of
27  Corrections, two members shall be selected by the employee
28  filing the appeal, and the fifth member, who shall serve as
29  chair of the board, shall be selected by the four members,
30  with the concurrence of the department and the employee
31  requesting the hearing. Any person shall have the right to
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    Florida House of Representatives - 2001                 HB 955
    748-104-01
  1  decline to serve as a member of the board, and persons
  2  selected to serve on the board shall serve without additional
  3  compensation or overtime compensation with respect to such
  4  service. Once selected to a board, the members thereof shall
  5  serve until final action is taken by the board with respect to
  6  the purpose for which the board was selected, at which time
  7  the board shall be dissolved.
  8         2.  If the chair, or fifth member, cannot be agreed
  9  upon within 10 working days after the appeal is submitted,
10  then the parties shall jointly request the Federal Mediation
11  and Conciliation Service to furnish a panel of seven names
12  from which each party shall have the option, within 5 days of
13  receipt, of striking three names in alternating fashion. The
14  seventh or remaining name shall serve as the chair. The
15  parties shall jointly notify the arbitrator of his or her
16  selection. Either party may object to all names on the list,
17  provided the objection is made prior to the commencement of
18  the striking process. If this occurs, the objecting party may
19  request the Federal Mediation and Conciliation Service to
20  furnish another list of arbitrators. No more than two lists
21  may be requested. The costs of the arbitrator shall be shared
22  equally by the parties.
23         (d)  PROCEDURES WITH RESPECT TO APPEALS.--
24         1.  An appeal of an action specified in paragraph (a)
25  shall be made to the Secretary of the Department of
26  Corrections in writing, and must be received by the department
27  no later than 14 calendar days after the employee is notified
28  of the action on which the appeal is based.
29         2.  A complaint review board shall be selected and must
30  meet for purposes of hearing the appeal no later than 30
31  working days after the selection of the chair of the board
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    Florida House of Representatives - 2001                 HB 955
    748-104-01
  1  unless the time limit is extended by the board or with the
  2  mutual agreement of the parties to the proceeding.
  3         3.  During any hearing, the employee filing the appeal
  4  shall have the right to be heard publicly, to be represented
  5  by a person of his or her choice, and to present any
  6  evidential facts in his or her behalf, and during such
  7  hearings the technical rules of evidence shall not apply. The
  8  board shall, in the conduct of such hearings, have the power
  9  to administer oaths, issue subpoenas, compel the attendance of
10  witnesses, and require the production of books, records,
11  accounts, papers, documents, and testimony. In case of
12  disobedience of any person to comply with an order of the
13  board or a subpoena issued by the board, or upon the refusal
14  of a witness to testify on any matter regarding which he or
15  she may be lawfully interrogated, a county judge of the county
16  in which a person resides, upon application of a member of the
17  board, shall compel obedience by proceeding as for contempt.
18  Each witness who appears in obedience to a subpoena before the
19  board shall receive compensation for attendance fees and
20  mileage as provided for witnesses in civil cases in the courts
21  of this state. Such payments shall be made by the party
22  calling the witness, except that with respect to any witnesses
23  called by the board, payments shall be made by the department
24  upon presentation of proper vouchers and approval by three
25  members of the board.
26         4.  The department shall bear the burden of
27  establishing that the adverse personnel action was for just
28  cause by a preponderance of the evidence and the discipline
29  imposed was appropriate under the circumstances.
30         5.  A board shall by majority vote dispose of the
31  appeal for which it was appointed by making findings of fact
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    Florida House of Representatives - 2001                 HB 955
    748-104-01
  1  and issuing a written decision. Such decision shall either
  2  sustain or not sustain the action being appealed. If an action
  3  by the department is not sustained by a board, the board shall
  4  order such remedial action as is appropriate, which may
  5  include reinstatement with back pay, and may modify any
  6  personnel action which was the subject of the appeal. No Board
  7  shall have the authority to impose on any employee any penalty
  8  which is more harsh than that which formed the basis of the
  9  appeal.
10         6.  The decision of the board shall be final and
11  binding on the employee and the Department of Corrections.
12         Section 2.  This act shall take effect upon becoming a
13  law.
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16                          HOUSE SUMMARY
17
      Creates the "Job Protection for Correctional Officers
18    Act." Provides for the creation of ad hoc complaint
      review boards for the purpose of hearing appeals of
19    permanent employees who are correctional officers or
      correctional probation officers from personnel actions
20    which result in dismissal, suspension, demotion,
      transfer, or reduction in pay. See bill for details
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