House Bill hb0845

CODING: Words stricken are deletions; words underlined are additions.




    Florida House of Representatives - 2002                 HB 845

        By Representative Atwater






  1                      A bill to be entitled

  2         An act relating to Palm Beach County; amending

  3         chapter 93-367, Laws of Florida, as amended;

  4         revising procedures for appeal of disciplinary

  5         actions and complaints against employees of the

  6         Sheriff of Palm Beach County; revising

  7         provisions for the appointment of boards to

  8         hear appeals and procedures with respect

  9         thereto; revising provisions relating to

10         monetary emoluments based on performance;

11         extending collective bargaining status to

12         deputy sheriffs; providing an effective date.

13

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

15

16         Section 1.  Section 2 of chapter 93-367, Laws of

17  Florida, as amended by chapter 98-517, Laws of Florida, is

18  amended to read:

19         Section 2.  Hearing review boards; functions;

20  membership; procedures.--

21         (1)  FUNCTION OF BOARDS.--Ad hoc hearing review boards

22  shall be appointed as provided herein for the purpose of

23  hearing appeals of career service employees arising from

24  personnel actions brought under the rules, regulations, or

25  policies of the Office of Sheriff which result in dismissal,

26  suspension, demotion, or reduction in pay. Lateral transfers,

27  shift changes, reprimands, oral or written, and suspensions of

28  2 working days or less shall not be applicable to the board;

29  however, no more than one such action of suspension may occur

30  within 1 calendar year without the right to appeal. The scope

31  of the review board is limited to disciplinary proceedings and

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                 HB 845

    744-120-02






  1  termination actions. Review boards have the authority to

  2  conduct hearings and make findings of fact and recommendations

  3  to the Sheriff. The Sheriff shall not be bound by the findings

  4  or recommendations of the majority vote of the board such

  5  boards, but will consider them in making his final decision.

  6  There shall be no further appeals Except in the case of

  7  termination, the decision of the Sheriff is final and not

  8  appealable within the office.

  9         (2)  MEMBERSHIP AND RESPONSIBILITY OF BOARD.--

10         (a)  There shall be a fixed pool of 20 board members

11  and 6 alternate members mutually agreed upon by the Sheriff

12  and any labor organization representing the employees of the

13  office of the Sheriff. If any group of employees has a

14  certified bargaining agent, the pool of hearing review board

15  members and six alternates for that certified bargaining unit

16  shall be mutually agreed upon by the Sheriff and the

17  collective bargaining representative for said bargaining unit.

18  The pool of board members shall be selected as follows:  the

19  Sheriff shall produce a list of 30 potential board members for

20  the law-enforcement discipline, 30 potential board members for

21  the corrections discipline, and 30 potential board members for

22  the administrative employees. The bargaining agent/labor

23  organization shall produce a list of 30 potential board

24  members for the law-enforcement discipline, 30 potential board

25  members for the corrections discipline, and 30 potential board

26  members for the administrative employees. In addition, the

27  Sheriff and the bargaining agent shall each produce a list of

28  eight potential chairpersons above the rank of Lieutenant (or

29  sworn equivalent), but no higher than Major (or sworn

30  equivalent), or the civilian/nonsworn equivalent, for each

31  employee discipline as stated herein. Both the Sheriff and the

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                 HB 845

    744-120-02






  1  certified bargaining agents of the employees/appointees shall

  2  then strike from the other's list 20 names with which they do

  3  not concur, in order to arrive at the appropriate hearing

  4  review board number of 20. Both the Sheriff and the bargaining

  5  agent shall then strike four names from the other's list of

  6  eight potential chairpersons, arriving at a final list of

  7  eight. The Sheriff and the bargaining agent shall then each

  8  add three names to the list of hearing review board members,

  9  from the stricken names, who shall serve as the six

10  alternates. All those chosen as board members, chairpersons,

11  and alternates shall serve a term of 3 years; however, this

12  does not prevent their being reappointed to the board for

13  consecutive terms. If for any reason the hearing review board

14  member pool should be reduced to 18, the Sheriff and the

15  employee bargaining agent shall each choose a replacement

16  member from the list of alternates. If for any reason the list

17  of chairpersons should be reduced to six, the Sheriff and the

18  bargaining agent shall each choose one person from the other's

19  list of those stricken from the original pool of names. Those

20  two persons shall then assume the vacant chairperson

21  positions. The Hearing Review Board shall consist of five

22  members of the Office of the Sheriff.  The Sheriff shall

23  select two members, with at least one member above the rank of

24  Lieutenant to serve as the board chairperson.  Two members

25  shall be selected by the employee requesting the hearing.  The

26  fifth member shall be selected by the other four members.

27  Each selected member shall have the right to decline to serve.

28         (b)  The hearing review board shall consist of five

29  members from the same discipline as the aggrieved employee.

30  The Sheriff shall select 2 members of the board, 1 from the

31  established list of the 20 mutually agreed-upon hearing review

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                 HB 845

    744-120-02






  1  board members and 1 from the established list of 8

  2  chairpersons. The employee requesting the hearing shall select

  3  2 members from the established list of 20 hearing review board

  4  members. The four selected board members shall then select the

  5  fifth board member from the existing mutually agreed-upon

  6  list. If the four selected board members cannot agree upon the

  7  fifth person, one name from the existing list shall be

  8  randomly selected by computer.

  9

10  At no time shall any member of a hearing review board sit on a

11  consecutive hearing review board.

12         (c)  All members of the hearing review board shall be

13  selected on the basis of fairness, objectivity, and

14  impartiality. To be named as a potential hearing review board

15  member, an employee must have at least 3 years' experience

16  with the office of the Sheriff, must have received at least

17  average evaluations for the previous 2 years, and must have no

18  discipline above an informal educational counseling form.

19  Written reprimands or higher levels of discipline occurring

20  within the prior 2 years shall disqualify an employee from

21  consideration as a hearing review board pool member. Every

22  employee of the office of Sheriff shall have the right to

23  decline to be named as a potential pool member designee. The

24  Sheriff shall notify the certified bargaining agent of the

25  approved employee pool members as outlined in the

26  above-referenced selection process.

27         (d)  No member of the board shall be above the rank of

28  Major or its civilian equivalent, nor shall any member of the

29  board be on probationary status.

30         (e)  The board shall have no investigative powers and

31  shall function in the capacity of a fact finder in an effort

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                 HB 845

    744-120-02






  1  to arrive at a fair and equitable recommendation in all

  2  matters brought before it. Selected members shall have no

  3  involvement with the issues under consideration.  Membership

  4  on of the board is not mandatory voluntary and without

  5  remuneration. However, all members shall serve on an on-duty

  6  status. Members shall will not discuss matters to be heard

  7  before the board until the board convenes.

  8         (f)(c)  The hearing review board chairperson shall have

  9  the responsibility to:

10         1.  Chair all meetings utilizing parliamentary rules of

11  order.

12         2.  Convene an organizational meeting of the board to

13  select a fifth member.

14         3.  Request that the employee provide the names of any

15  witnesses and a short statement about what that witness is

16  expected to testify.

17         4.  Schedule and provide written notification of all

18  meetings to the Internal Affairs Bureau, witnesses, board

19  members, and employees.

20         5.  Provide copies of all charges to board members.

21         6.  Ensure compliance with hearing procedures.

22         7.  Request that the employee furnish copies of all

23  exhibits to be introduced in the hearing.

24         (3)  PROCEDURE WITH RESPECT TO HEARINGS.--

25         (a)  Any career service employee may request a hearing

26  before any the hearing review board for any appealable

27  disciplinary action of his or her superiors which adversely

28  affects his or her employment.

29         (b)  Requests for a hearing shall be made in writing to

30  the employee's immediate supervisor within 10 working days

31  after of notice of appealable disciplinary action.  The

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                 HB 845

    744-120-02






  1  request shall contain a brief statement of the matters to be

  2  considered by the board and the names of the two employees

  3  selected to be members of the board.

  4         (c)  The immediate supervisor shall forward the hearing

  5  request to the Sheriff and the appropriate division commander

  6  without delay.  The hearing review board shall will be

  7  impaneled and a hearing date shall will be scheduled by the

  8  Sheriff within 10 working days after of receipt of the hearing

  9  request.

10         (d)  Legal questions or case law must be submitted to

11  the chairperson 10 days before the board convenes.

12         (e)  The employee or his or her representative has the

13  right to be present, to present his or her case, to explain or

14  defend, and to cross-examine all witnesses and complainants,

15  provided that neither the employee nor his or her

16  representative shall disrupt the proceedings.

17         (f)  The employee has the right to be represented

18  during the hearing by counsel or other representative of

19  choice, who shall serve as an observer and advisor to the

20  employee.  The representative may not actively participate in

21  the proceedings.

22         (g)  The employee shall not discuss the circumstances

23  of the matter being brought before the board except through

24  the chairperson.

25         (h)  All witnesses shall be notified in writing by the

26  chairperson of the board of the date and time of the hearing.

27  Employee witnesses shall be notified through the appropriate

28  chain of command. All employee witnesses notified by the

29  chairperson of the board shall be required to appear to

30  testify before the board. Review Board through the appropriate

31  chain of command by the chairperson of the board.  Written

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                 HB 845

    744-120-02






  1  statements from nonemployee witnesses should be used in lieu

  2  of personal appearance.  Nonemployee witnesses should only be

  3  called to appear before the board at the request of the board.

  4         (4)  CONDUCT OF HEARING.--

  5         (a)  Hearing review boards are designed to determine

  6  the truth while maintaining an atmosphere of fundamental

  7  fairness and shall not be controlled by civil or criminal

  8  rules of procedure.

  9         (b)  Board members are authorized to receive verbal or

10  written testimony concerning any matter considered relevant by

11  the board.  The board may review any record, including, but

12  not limited to, performance evaluations and disciplinary

13  files.

14         (c)  Employees and their representatives shall have an

15  opportunity to present evidence, conduct cross-examination,

16  and submit rebuttal evidence.

17         (5)  FINDINGS AND RECOMMENDATIONS OF THE REVIEW

18  BOARD.--

19         (a)  Each complaint shall receive a separate finding

20  and recommendation by the majority of the board.  Each finding

21  shall consider the seriousness of the complaint, any

22  extenuating circumstances, the tenure of the employee, and the

23  employee's past conduct record. The board shall submit to the

24  Sheriff its written findings of fact and recommendations

25  within 5 days after the hearing.

26         (b)  The board may place before the Sheriff any

27  recommended disposition of the charges before it that the

28  board believes may be of benefit to the office of the Sheriff,

29  including, but not limited to:  no disciplinary action; oral

30  or verbal reprimand; suspension; reduction of rank;

31  termination of employment; sustaining or reversing the

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                 HB 845

    744-120-02






  1  original policy violation charged decision; or recommending a

  2  more severe disposition.

  3         (c)  The Sheriff will review the findings and

  4  recommendations of the board and may either approve or

  5  disapprove them.  The Sheriff has the sole discretion to

  6  overrule the findings of the board.

  7         (c)(d)  The Sheriff shall will notify the employee of

  8  the final results of the hearing review board and the reasons

  9  therefor.

10         (d)(e)  In the event the employee's discipline is

11  reduced, the employee shall be returned to work employee is

12  exonerated, the employee shall be reinstated without prejudice

13  or penalty.

14         (e)(f)  When summary discipline is imposed by any

15  supervisor, the Sheriff may order a board to convene and

16  review the action of the supervisor.

17         (g)  Except for termination, there shall be no further

18  appeals within the Office of the Sheriff.  Terminations may be

19  appealed to the Termination Review Board.

20         (f)(h)  All proceedings of the board shall be recorded

21  and retained by the Internal Affairs Bureau.  Rest periods

22  shall be duly noted and there shall be no unrecorded questions

23  or statements by any parties or witnesses.  Recordings shall

24  be properly marked and identified prior to filing.

25         (g)(i)  All associated reports, paperwork, and

26  personnel action taken as a result of the hearing review board

27  shall be retained by the Internal Affairs Bureau.

28         (6)  CRIMINAL CHARGES TERMINATION REVIEW BOARD.--

29         (a)  In the event of termination, the employee may

30  request that the termination decision be resubmitted to the

31

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                 HB 845

    744-120-02






  1  board which originally heard the appeal within 10 days of

  2  notice of termination.

  3         (b)  Upon review of their original recommendation and

  4  the Sheriff's rationale for termination, the board may uphold

  5  or reverse the decision of the Sheriff, provided that any

  6  reversal shall require at least four members of the board

  7  voting to reverse. The reversal shall be binding upon the

  8  Sheriff.

  9         (c)  In the event the termination is based upon

10  criminal charges, the charges must be disposed of prior to a

11  determination by the hearing Termination review board.

12         Section 2.  Section 3 of chapter 93-367, Laws of

13  Florida, as amended by chapters 96-450, 97-325, and 98-517,

14  Laws of Florida, is amended to read:

15         Section 3.  Preservation of employment benefits and

16  emoluments.--

17         (1)  The provisions of this section shall apply to all

18  certified and noncertified persons in the employ of the

19  Sheriff of Palm Beach County, including deputy sheriffs, as

20  specified in section 1(2)(a) of chapter 93-367, Laws of

21  Florida, except that this section shall not apply to those

22  employees beyond the rank of Captain or its civilian

23  equivalent.

24         (2)  Existing employer-paid benefits and emoluments

25  with regard to the pay plan, longevity plan,

26  tuition-reimbursment plan, career-path program, health

27  insurance, life insurance, and disability benefits may not be

28  substantially reduced, except in the case of exigent

29  operational necessity, except all moneys which would have been

30  allocated to longevity pay for those at the rank of captain or

31  its civilian equivalent shall be disbursed in accordance with

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                 HB 845

    744-120-02






  1  objective performance related criteria. The objective

  2  performance related criteria shall take into consideration

  3  input from a committee including those at the rank of captain

  4  or its civilian equivalent.

  5         (3)  Nothing in this act shall preclude the Sheriff

  6  from enhancing those benefit and emoluments for employees and

  7  appointees of the Palm Beach County Sheriff's Office.

  8         (4)  Nothing in this act shall be construed as

  9  affecting the budget-making authority and power of the Palm

10  Beach County Board of County Commissioners. Any contractual

11  obligations entered into by the Sheriff's office as a result

12  of the right to collectively bargain shall not be used in any

13  appeal or challenge by the Sheriff against the yearly lump sum

14  budget allocation approved by the board of county

15  commissioners for the Sheriff's total annual budget.

16         Section 3.  Section 4 is added to chapter 93-367, Laws

17  of Florida, to read:

18         Section 4.  Collective bargaining status.--

19         (1)  It is the intent of this act that all full-time

20  deputy sheriffs, as defined in this act, shall be deemed

21  "public employees" as defined in part II of chapter 447,

22  Florida Statutes.

23         (2)  Deputy sheriffs, in their status as public

24  employees, shall be entitled to all rights, privileges, and

25  obligations granted by law, including the right to organize

26  and collectively bargain, pursuant to part II of chapter 447,

27  Florida Statutes.

28         Section 4.  This act shall take effect upon becoming a

29  law.

30

31

                                  10

CODING: Words stricken are deletions; words underlined are additions.