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

31

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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

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  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.

14

15            *****************************************

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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