HB 0275 2003
1	A bill to be entitled
2	An act relating to Glades County; providing for career
3	service; specifying rights of certain employees of the
4	Glades County Sheriff; providing definitions; providing
5	proceedings and provisions with respect to dismissal;
6	providing for transition between administrations;
7	providing for appeals procedures; providing for career
8	appeals boards; providing an effective date.
9
10	Be It Enacted by the Legislature of the State of Florida:
11
12	Section 1.Employees and appointees of Glades County
13	Sheriff; applicability of Act; career status and administration;
14	definitions; transitions; administration.--
15	(1) APPLICABILITY.--The provisions of this Act apply to
16	all certified and noncertified persons appointed or employed by
17	the Glades County Sheriff, with the following exceptions:
18	(a) Commanders, or in the event of a title change, the
19	highest ranked certified law enforcement officers reporting
20	directly to the Sheriff.
21	(b) Special deputy sheriffs appointed under section
22	30.09(4), Florida Statutes.
23	(c) Members of a sheriff's posse or reserve unit.
24	(d) Part-time appointees and employees, whether salaried
25	or hourly paid, who are scheduled to work less than 24 hours per
26	week.
27	(e) Independent contractors, temporary employees, or
28	contract employees.
29	(f) Appointees and employees employed pursuant to a grant
30	whose continued existence or funding is subject to the
31	expiration or withdrawal of the grant provider.
32	(2) APPLICATION TO CERTAIN DISMISSED PERSONS.--This Act
33	does not apply to an otherwise covered person who claims that a
34	dismissal was for lawful off-duty political activity or
35	discriminatory reasons.
36	(3) INDEPENDENT MAINTENANCE.--This Act does not change the
37	independence of the Sheriff as set forth in section 30.53,
38	Florida Statutes, which reserves the final authority and
39	responsibility of dismissing employees and appointees solely to
40	the Sheriff's discretion.
41	(4) APPLICATION TO COLLECTIVE BARGAINING.--This Act does
42	not grant the right of collective bargaining to the Sheriff's
43	employees who do not otherwise have that right pursuant to law.
44	(5) NONDISCIPLINARY DISMISSALS.--This Act does not cover
45	the nondisciplinary dismissal of employees or appointees. Such
46	nondisciplinary dismissals include those arising from a
47	reduction in force, layoff, or partial or total abolition or
48	cessation of a program, service, operation, department,
49	subdivision, or grant-funded position, at the discretion of the
50	Sheriff.
51	(6) DEFINITIONS.--
52	(a) "Appointee" means that person selected by the Sheriff
53	to serve in the position of Deputy Sheriff or Correctional
54	Officer who is certified within the meaning of chapter 943,
55	Florida Statutes.
56	(b) "Employee" means any person employed by the Sheriff
57	for a position which does not require certification under
58	chapter 943, Florida Statutes.
59
60	For the purpose of this Act, "appointee" and "employee" are
61	synonymous and any derivative of "employ" refers to the persons
62	to whom this Act applies.
63	(c) "Dismissal" means the discharge or withdrawal of
64	appointment by the Sheriff or his or her designee of a person
65	employed or appointed to a position with the Office of Sheriff.
66	(d) "Initial probationary period" means 1 year of
67	conditional employment or appointment commencing on the initial
68	date of actual work and continuing for 12 months in a regularly
69	established position. This probationary period may be extended
70	at the discretion of the Sheriff for a period equal to any work
71	time taken off during the 12-month period. This initial 12-month
72	probationary period may also be extended at the discretion of
73	the Sheriff for an additional 6 months.
74	(e) "Career Appeals Board" means the ad hoc board
75	authorized under this Act to hear disciplinary dismissal
76	appeals.
77	(f) "Reemployment" means the reappointment or reemployment
78	of a person who was previously an appointee or employee of the
79	Office of Sheriff.
80	(7) CAREER STATUS.--
81	(a) After any employee or appointee of the Sheriff to whom
82	the provisions of this Act apply has completed the initial or
83	extended probationary period, such person shall have attained
84	career status in the Office of Sheriff. If such person is
85	reemployed at a later date, said person shall be required to
86	again complete the probationary period before being granted the
87	right of appeal provided in section 2 of this Act.
88	(b) At any time the Sheriff may dismiss an appointee or
89	employee who has not completed the initial or extended
90	probationary period without granting the right of appeal
91	provided in section 2.
92	(c) Any person who has attained career status must be
93	provided with written notice of the reasons for the proposed
94	dismissal. If, however, the Sheriff perceives a significant
95	hazard in keeping the employee on the job, or where delay could
96	result in damage or injury, the employee may be immediately
97	dismissed without notice and reasons, provided, however, that
98	the employee is later provided with such notice and reasons
99	within 2 calendar days from the date of dismissal except where
100	circumstances surrounding this situation make notice within 2
101	days impracticable.
102	(d) An employee or appointee, who has achieved career
103	status, is entitled to appeal a disciplinary dismissal to the
104	Career Appeals Board.
105	(8) TRANSITION.--When a newly elected or appointed Sheriff
106	assumes office, all career status appointees and employees shall
107	remain employees of the new administration including Bureau,
108	Division, and Judicial Services Commanders as defined in
109	paragraph (1)(a). Persons entitled to the rights of this
110	provision are those who have achieved career service status and
111	who hold the rank of Commander, Captain, Lieutenant, or the
112	positions of Personnel/Budget Director or Sheriff's Secretary
113	when the new Sheriff assumes office.
114	(a) The new Sheriff may only reduce a Commander, Captain,
115	and Lieutenant one rank below the rank held on the day before
116	the new Sheriff assumes office.
117	(b) The new Sheriff may assign the Personnel/Budget
118	Director and the Sheriff's Secretary to the next highest
119	position classification within the pay and classification
120	system.
121	(c) The reductions in rank and reassignments stated in
122	paragraphs (a) and (b) above shall remain in effect for no more
123	than 6 months and thereafter their position or assignment shall
124	be at the Sheriff's discretion.
125	(d) The salary of any displaced officer or person shall
126	not be reduced below the maximum of the new grade which is
127	applicable to his or her new position as set forth in the
128	existing pay and classification guide or 6 percent of the
129	person's former rate of pay or salary, whichever is less.
130	(e) The Commanders, Directors, and other employees and
131	appointees set forth in paragraphs (a) and (b) shall retain
132	career service appeal rights applicable to their reduced rank or
133	reassigned position as set forth in this section.
134	(9) ADMINISTRATION.--The Sheriff shall have the authority
135	to adopt such rules and regulations as are necessary for the
136	implementation and administration of this Act; however, nothing
137	in this Act shall be construed as affecting the budget-making
138	powers of the Board of County Commissioners of Glades County.
139	Section 2.Career Appeals Board; creation; membership;
140	duties.--
141	(1) FUNCTION OF BOARDS.--Ad Hoc Career Appeals Boards
142	shall be appointed for the purpose of hearing appeals of
143	employees having career status arising from their disciplinary
144	dismissal. Any such Board may also provide assistance and advice
145	to the Sheriff in matters concerning disciplinary dismissal and
146	may take any other actions authorized by the Sheriff.
147	(a) A Career Appeals Board shall be utilized to make a
148	nonbinding recommendation to the Sheriff as to whether the
149	dismissal was for a violation of Sheriff's Office policy, rule,
150	regulation, procedure, or practice.
151	(b) An employee or appointee who is dismissed is not
152	granted the right of appeal if said person is charged with a
153	crime, enters a plea of guilty or nolo contendere, or is
154	adjudicated guilty or where adjudication of guilt is withheld
155	and the accused is placed on probation or a pretrial
156	intervention plan with respect to any felony, misdemeanor, or
157	major traffic infraction.
158	(2) MEMBERSHIP OF BOARD.--Upon the call of the Sheriff or
159	upon the filing of an appeal, an Ad Hoc Career Appeals Board
160	shall be appointed. The membership of each Board shall consist
161	of five appointees or employees of the Office of Sheriff. Two
162	members shall be selected by the employee or appointee filing
163	the appeal, the Sheriff shall select two members, and the fifth
164	member, who shall serve as the Chair of the Board, shall be
165	selected by the other four members. If these four members are
166	unable to agree upon the fifth member within 15 days after the
167	filing of the appeal and after exercising due diligence, they
168	shall request the circuit court to appoint the fifth member who
169	shall serve as Chair. Any employee may decline to serve as a
170	member of the Board.
171	(a) The Chair of the Board shall have the authority to
172	decide all motions or preliminary matters which are raised prior
173	to the opening of the appeals hearing. Any such decision may be
174	renewed before the Board.
175	(b) The hearing will be conducted during the Sheriff's
176	Office administrative office hours; therefore, employees
177	selected to serve on the Board shall serve without additional
178	compensation. Once selected, the members of the Board shall
179	serve until the Board issues its recommendations to the
180	Sheriff's Office, and unless reconvened, the Board shall be
181	dissolved.
182	(c) The Director or his or her designee in charge of
183	personnel matters shall serve as an ex officio member of the
184	Board for the purpose of providing procedural guidance to the
185	Board concerning the application of this Act and any rules or
186	regulations of this Act and any rules or regulations adopted by
187	the Sheriff relating thereto, but such ex officio member shall
188	have no vote.
189	(3) PROCEDURE WITH RESPECT TO APPEALS.--An employee or
190	appointee who has achieved career status may submit a written
191	request for a hearing to the Sheriff or his or her designee
192	within 7 calendar days after receiving a Notice of Dismissal
193	which shall be hand-delivered or sent certified mail, return
194	receipt requested. The appeal must contain a brief statement of
195	the matters to be considered by the Career Appeals Board and the
196	names of the employees selected to serve on the Board.
197	(a) A Career Appeals Board shall be selected and shall
198	meet for the purpose of hearing the appeal within 30 calendar
199	days after receipt of the Notice of Appeal. However, an
200	extension of time may be granted by the Chair for good cause or
201	upon agreement of the parties.
202	(b) The person filing the appeal has the right to a public
203	hearing, to be represented by a person of his or her choice, to
204	present relevant evidence, to present argument, and to cross
205	examine witnesses.
206	(c) The rules of evidence and civil procedure are not
207	applicable to hearings conducted under this Act.
208	(d) The Board ,in conducting such hearings, shall have the
209	power to administer oaths, issue subpoenas, compel the
210	attendance of witnesses, and require the production of
211	documents. In case of disobedience of any person to comply with
212	the order of the Board or subpoena issued by the Board, or upon
213	the refusal of the witness to testify on any matter regarding
214	which he or she may be lawfully interrogated, a county judge of
215	the county in which a person resides, upon application of the
216	Board, shall compel obedience by proceeding as if it were
217	contempt. Each witness who appears in obedience to a subpoena
218	before the Board shall receive compensation for attendance fees
219	and mileage as provided for witnesses in civil cases and the
220	courts of this state. Such payment shall be made by the party
221	calling the witness, except that with respect to any witness
222	called by the Board, payment shall be made by the Sheriff upon
223	presentation of proper vouchers.
224	(e) The Board shall, by majority vote, dispose of the
225	appeal for which it was appointed by making a finding of fact
226	and issuing its written recommendations, including mitigating
227	circumstances, to the Sheriff for consideration. The Sheriff
228	shall retain the right of final determination and no person may
229	be reinstated with or without back pay or benefits without the
230	concurrence of the Sheriff.
231	(f) The Board shall confine its deliberations to the
232	evidence presented at the hearing, and such deliberations are
233	exempt from the public meeting requirements of chapter 286,
234	Florida Statutes.
235	(g) The actions of the Board and the Sheriff shall be
236	exempt from the provisions of chapter 120, Florida Statutes. The
237	actions of the Sheriff are executory and not subject to
238	certiorari appeal.
239	Section 3.Severability.--The provisions of this Act shall
240	be severable, and if any provision shall be unconstitutional,
241	the decision of the Court shall not affect the validity of the
242	remaining provisions.
243	Section 4. This act shall take effect upon becoming a law.
244