HB 1081 2003
1	A bill to be entitled
2	An act relating to the Walton County Sheriff’s Office;
3	providing for applicability; providing for a transition
4	period; providing for career service for the Walton County
5	Sheriff’s Office; providing for permanent status of
6	employees; providing for cause for suspension, demotion,
7	or dismissal; providing for administration; providing for
8	a disciplinary procedure; providing for the creation of a
9	career service appeals board; providing a procedure for
10	appeals; providing an effective date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1. Employees of the Walton County Sheriff’s
15	Office; applicability of the act; permanent status of the
16	employees; administration.--
17	(1) APPLICABILITY.-- The transition provisions of this act
18	shall apply to all full-time sworn and civilian persons in the
19	employ of the Walton County Sheriff’s Office. The disciplinary
20	provisions of this act shall not apply to those in the rank of
21	Lieutenant and above, including the Financial Officers and the
22	Executive Secretary. The provisions of this act shall not apply
23	to the Sheriff, or to special deputy sheriffs appointed pursuant
24	to section 30.09(4), Florida Statutes, members of the Sheriff’s
25	Reserve and Auxiliary, and individuals appointed as part-time
26	deputy sheriffs, as defined by the Criminal Justice Standards
27	and Training Commission, unless such persons are also employed
28	full-time by the Walton County Sheriff’s Office. As used in
29	this act, the terms “employee,” “employ,” and “employment” shall
30	refer to all persons, whether employed or appointed, to whom the
31	act applies. It is not, however, the intent of this act to
32	grant the right of collective bargaining to the persons in the
33	employ of the Walton County Sheriff’s Office who do not
34	otherwise have that right pursuant to law.
35	(2) PERMANENT STATUS; CAUSE FOR SUSPENSION, DEMOTION, OR
36	DISMISSAL.--
37	(a) After an employee of the Sheriff, to whom the
38	provisions of this act apply, has served in such employment for
39	a period of 1 calendar year, such employee shall have attained
40	permanent status with the Walton County Sheriff’s Office;
41	provided that if such an employee is terminated and rehired at a
42	later date, said employee shall be required to complete 1
43	calendar year of service from the date of rehire before being
44	granted the right of appeal provided in section 3.
45	(b) Any employee who has achieved permanent status, and is
46	not exempt from the disciplinary provisions as defined in
47	section 2, with the Walton County Sheriff’s Office may only be
48	suspended for longer than 3 working days, demoted, or dismissed
49	for cause; provided that prior to such action, the employee must
50	be furnished written notice of the proposed action and offered
51	an opportunity to respond to the reasons for the suspension,
52	demotion, or dismissal. However, in extraordinary situations
53	such as when delay could result in damage or injury, an employee
54	may be suspended or dismissed immediately and provided notice
55	thereof and reasons therefor within 24 hours. Cause for
56	suspension, demotion, or dismissal shall include, but not be
57	limited to, negligence, inefficiency or inability to perform
58	assigned duties, insubordination, willful violation of the
59	provisions of law or office rules, conduct unbecoming a public
60	employee, misconduct, or habitual drug abuse. Cause for
61	suspension, demotion, or dismissal shall also include
62	adjudication of guilt by a court of competent jurisdiction, a
63	plea of guilty or of nolo contendere, or a jury verdict of
64	guilty when the adjudication of guilt is withheld and the
65	accused is placed on probation, with respect to any felony,
66	misdemeanor, or major traffic infraction. The filing of felony,
67	misdemeanor, or major traffic infraction charges against an
68	employee shall constitute cause for suspension. It is not a
69	demotion under this act for any employee of the Walton County
70	Sheriff’s Office to be reassigned from special duties or from
71	one shift or zone assignment to another, or to be transferred
72	from one division to another, even if a reduction in pay
73	results.
74	(3) TRANSITION OF CAREER SERVICE EMPLOYEES.-- When a newly
75	elected or appointed Sheriff assumes office, the new Sheriff
76	shall continue the employment of all currently employed
77	permanent personnel unless cause for dismissal, as herein
78	provided, exists. However, the incoming Sheriff shall have the
79	option of maintaining the current personnel assigned to the
80	positions of Captain and above, Financial Officers, and the
81	Executive Secretary. If the incoming Sheriff fills the
82	positions of Captain and above with new personnel, the current
83	occupant of the position shall be reduced to the next lower
84	then-existing rank at the current maximum pay step for that
85	rank, which rank shall be permanent unless later reduced by
86	disciplinary demotion. If the incoming Sheriff fills the
87	Financial Officers positions or the Executive Secretary position
88	with a new employee, the current occupant of the position shall
89	be reduced to the position of Administrative Assistant at the
90	current maximum pay step, which rank shall be permanent unless
91	later reduced by disciplinary demotion. Actions taken pursuant
92	to this subsection affecting the Captain and above positions,
93	Financial Officers positions, and the Executive Secretary
94	position shall not be appealable under section 4.
95	(4) ADMINISTRATION.-- The Sheriff shall have the authority
96	to adopt such rules and regulations as are necessary for the
97	implementation and administration of this act; however, nothing
98	in this act shall be construed as affecting the budget making
99	powers of the Board of Commissioners of Walton County.
100	Section 2. Disciplinary procedure; disciplinary appeal
101	procedure.--
102	(1) DISCIPLINARY PROCEDURE.--
103	(a) A disciplinary procedure shall be established in which
104	the aggrieved employee may respond to the charges and request a
105	meeting with the appropriate administrator prior to the
106	imposition of the action. A decision by an administrator to
107	impose a disciplinary action covered under this act shall result
108	in the completion of a Notice of Disciplinary Action Form.
109	(b) No dismissal, demotion, or suspension without pay of
110	over 3 days shall be taken against any law enforcement officer,
111	correctional officer, or nonsworn employee covered by this act
112	unless such law enforcement officer, correctional officer, or
113	nonsworn employee is notified by the receipt of a Notice of
114	Disciplinary Action Form prior to the effective date of such
115	action.
116	(2) DISCIPLINARY APPEAL PROCEDURE.--
117	(a) A written appeal of a Notice of Disciplinary Action
118	must be made in accordance with the Sheriff’s disciplinary
119	procedure and shall result in a hearing by a disciplinary
120	appeals board as specified in said procedure.
121	(b) Following the hearing, the board shall report to the
122	Sheriff whether the appeal is affirmed or denied.
123	(c) The Sheriff, or the Sheriff’s designee, shall review
124	the appeals board report and shall prepare, or cause to be
125	prepared, a personnel order, with the Sheriff’s final
126	disposition on the appeal.
127	Section 3. Career service appeals boards; creation;
128	membership; duties.--
129	(1) FUNCTION OF BOARDS.-- Ad hoc career service appeals
130	boards shall be appointed as provided herein for the purpose of
131	hearing appeals of permanent employees arising from applicable
132	personnel actions which result in dismissal, suspension without
133	pay for more than 3 days, demotion, or reduction in pay;
134	provided that reprimands, oral or written, and suspensions of 3
135	working days or less shall not be appealable to a career service
136	appeals board. Such a board may also take any other action
137	authorized by the Sheriff.
138	(2) MEMBERSHIP OF BOARDS.-- When needed, upon the call of
139	the Sheriff or the filing of an appeal, an ad hoc career service
140	appeals board shall be appointed. The membership of such board
141	shall consist of two members selected by the Sheriff from among
142	eligible Walton County Sheriff’s Office employees; two members
143	selected by the employee filing the appeal from among eligible
144	Walton County Sheriff’s Office employees; one member, a
145	certified Law Enforcement or Correctional Officer currently
146	eligible and employed by the Walton County Sheriff’s Office,
147	selected by the other members of the board, who shall serve as
148	chairperson. If an impartial chairperson cannot be agreed upon
149	within 10 working days after the appeal is submitted, the
150	Sheriff shall forward a list of current qualified Sheriff’s
151	Office employees to a First Judicial Circuit Court Judge or
152	Walton County Judge who shall appoint a chairperson.
153	(a) Any employee shall have the right to decline to serve
154	as a member of the board, and employees selected to serve on the
155	board shall serve without additional compensation or overtime
156	compensation with respect to such service.
157	(b) Once selected to the board, the members thereof shall
158	serve until final action is taken with respect to the purpose
159	for which the board was selected. The aggrieved employee must
160	make his/her selections as to members at the time he/she files
161	the appeal.
162	(c) No person shall serve as a member of the ad hoc career
163	service appeals board who:
164	1. Was involved in the original incident that resulted in
165	the disciplinary action that is the subject of the appeal.
166	2. Is related to the appellant.
167	3. Has been terminated from a law enforcement agency due
168	to a disciplinary action.
169	4. Has any ongoing litigation against the Walton County
170	Sheriff’s Office.
171	5. Is on probation or has received discipline within the
172	past year.
173	(3) PROCEDURE WITH RESPECT TO APPEALS.--
174	(a) An appeal of an action specified in section 2 shall be
175	made to the Sheriff in writing, and must be received by the
176	Sheriff no later than 5 working days after the employee is
177	notified of the action on which the appeal is based. The
178	Sheriff’s designee shall stamp the date and time received on the
179	original complaint.
180	(b) A career service appeals board shall be selected and
181	must meet for the purposes of hearing the appeal no later than
182	15 days, excluding weekends and holidays, after the receipt of
183	an appeal by the Sheriff. The time for hearing may be extended
184	by mutual agreement of the parties. If the action of the
185	aggrieved officer prevents the completion of the hearing within
186	the 15 days, the appeal shall be waived.
187	(c) During any hearing, the employee filing the appeal
188	shall have the right to be heard by the board and to be
189	represented by a person of his or her choice, and to present any
190	relevant evidence on his or her behalf, and during such hearings
191	the technical rules of evidence shall not apply. The board
192	shall, in the conduct of such hearings, have the power to
193	administer oaths, issue subpoenas, compel the attendance of
194	witnesses, and require the production of books, records,
195	accounts, papers, documents, and testimony. In case of
196	disobedience of any person to comply with an order of the board
197	or a subpoena issued by the board, or upon refusal of a witness
198	to testify on any matter regarding which he or she may be
199	lawfully interrogated, a county judge of the county in which the
200	person resides, upon application of any member of the board,
201	shall compel obedience by proceeding as for contempt. Each
202	witness who appears in obedience to a subpoena before the board
203	shall receive compensation for attendance fees and mileage as
204	provided for witnesses in civil cases in the courts of the State
205	of Florida. The party calling the witness shall make such
206	payments; except that with respect to any witnesses called by
207	the board, payments shall be made by the Sheriff upon
208	presentation of proper vouchers and approval by three members of
209	the board. This board is not governed by the Administrative
210	Procedure Act, as codified in chapter 120, Florida Statutes.
211	(4) DISPOSITION WITH RESPECT TO CAREER SERVICE APPEALS.--
212	(a) The board shall, by majority vote, dispose of the
213	appeal for which it was appointed by making findings of fact and
214	issuing a written decision. Such decision shall either affirm
215	or deny the action being appealed. If the board denies an
216	action by the Sheriff, the board may provide for a restoration
217	of the status quo, which may include reinstatement with back pay
218	and may modify any personnel action that was the subject of the
219	appeal. No board shall have the authority to impose on any
220	employee any penalty that is more harsh than that which formed
221	the basis of the appeal.
222	(b) The decision of the board shall be a recommendation to
223	the Sheriff. The Sheriff shall have 10 days from receipt of the
224	board’s written decision to review same and prepare, or cause to
225	be prepared, a personnel order stating the final disposition of
226	the appeal, which shall be binding on the employee.
227	Section 4. Miscellaneous provisions.—
228	(1) PERMANENT STATUS.-- All sworn and civilian persons in
229	the employ of the Walton County Sheriff’s Office on the
230	effective date of this act who have served for a period of 1
231	calendar year or more as of such date shall be permanent
232	employees subject to the provisions of this act, except those
233	employees above the rank of Lieutenant, including the Financial
234	Officers and the Executive Secretary, are exempt from the
235	disciplinary provisions, except as regards dismissal. All other
236	employees shall become permanent employees subject to the
237	provisions of this act upon reaching their 1 calendar year
238	service anniversary date.
239	(2) SEVERABILITY.-- The provisions of this act shall be
240	severable and, if any of the provisions shall be
241	unconstitutional, the decision of the court shall not affect the
242	validity of the remaining provisions. It is hereby declared to
243	be the intent of the Legislature that this act would have been
244	adopted had such unconstitutional provisions not been included
245	therein.
246	(3) PROMOTIONS.-- Notwithstanding anything herein
247	contained to the contrary, any career service employee required
248	to serve a probationary period attendant or incidental to a
249	promotion may be demoted with or without cause to the employee’s
250	prior rank at any time during such probationary period, but any
251	such employee does not lose career service status.
252	Section 5. This act shall take effect upon becoming a law.