HB 0275 2003
1	CHAMBER ACTION
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6	The Committee on State Administration recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to Glades County; providing for career
12	service; specifying rights of certain employees of the
13	Glades County Sheriff; providing definitions; providing
14	proceedings and provisions with respect to dismissal;
15	providing for transition between administrations;
16	providing for appeals procedures; providing for career
17	appeals boards; providing for per diem for certain
18	employees; providing severability; providing an effective
19	date.
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21	Be It Enacted by the Legislature of the State of Florida:
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23	Section 1. Employees and appointees of Glades County
24	Sheriff; applicability of Act; career status and administration;
25	definitions; transitions; administration.--
26	(1) APPLICABILITY.--The provisions of this Act apply to
27	all certified and noncertified persons appointed or employed by
28	the Glades County Sheriff, with the following exceptions:
29	(a) Commanders, or in the event of a title change, the
30	highest ranked certified law enforcement officers reporting
31	directly to the Sheriff.
32	(b) Special deputy sheriffs appointed under section
33	30.09(4), Florida Statutes.
34	(c) Members of a sheriff's posse or reserve unit.
35	(d) Part-time appointees and employees, whether salaried
36	or hourly paid, who are scheduled to work less than 24 hours per
37	week.
38	(e) Independent contractors, temporary employees, or
39	contract employees.
40	(f) Appointees and employees employed pursuant to a grant
41	whose continued existence or funding is subject to the
42	expiration or withdrawal of the grant provider.
43	(2) APPLICATION TO CERTAIN DISMISSED PERSONS.--This Act
44	does not apply to an otherwise covered person who claims that a
45	dismissal was for lawful off-duty political activity or
46	discriminatory reasons.
47	(3) INDEPENDENT MAINTENANCE.--This Act does not change the
48	independence of the Sheriff as set forth in section 30.53,
49	Florida Statutes, which reserves the final authority and
50	responsibility of dismissing employees and appointees solely to
51	the Sheriff's discretion.
52	(4) APPLICATION TO COLLECTIVE BARGAINING.--This Act does
53	not grant the right of collective bargaining to the Sheriff's
54	employees who do not otherwise have that right pursuant to law.
55	(5) NONDISCIPLINARY DISMISSALS.--This Act does not cover
56	the nondisciplinary dismissal of employees or appointees. Such
57	nondisciplinary dismissals include those arising from a
58	reduction in force, layoff, or partial or total abolition or
59	cessation of a program, service, operation, department,
60	subdivision, or grant-funded position, at the discretion of the
61	Sheriff.
62	(6) DEFINITIONS.--
63	(a) "Appointee" means that person selected by the Sheriff
64	to serve in the position of Deputy Sheriff or Correctional
65	Officer who is certified within the meaning of chapter 943,
66	Florida Statutes.
67	(b) "Employee" means any person employed by the Sheriff
68	for a position which does not require certification under
69	chapter 943, Florida Statutes.
70	(c) "Dismissal" means the discharge or withdrawal of
71	appointment by the Sheriff or his or her designee of a person
72	employed or appointed to a position with the Office of Sheriff.
73	(d) "Initial probationary period" means 1 year of
74	conditional employment or appointment commencing on the initial
75	date of actual work and continuing for 12 months in a regularly
76	established position. This probationary period may be extended
77	at the discretion of the Sheriff for a period equal to any work
78	time taken off during the 12-month period. This initial 12-month
79	probationary period may also be extended at the discretion of
80	the Sheriff for an additional 6 months.
81	(e) "Career Appeals Board" means the ad hoc board
82	authorized under this Act to hear disciplinary dismissal
83	appeals.
84	(f) "Reemployment" means the reappointment or reemployment
85	of a person who was previously an appointee or employee of the
86	Office of Sheriff.
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88	For the purposes of this Act, "appointee" and "employee" are
89	synonymous and any derivative of "employ" refers to the persons
90	to whom this Act applies.
91	(7) CAREER STATUS.--
92	(a) After any employee or appointee of the Sheriff to whom
93	the provisions of this Act apply has completed the initial or
94	extended probationary period, such person shall have attained
95	career status in the Office of Sheriff. If such person is
96	reemployed at a later date, said person shall be required to
97	again complete the probationary period before being granted the
98	right of appeal provided in section 2.
99	(b) At any time the Sheriff may dismiss an appointee or
100	employee who has not completed the initial or extended
101	probationary period without granting the right of appeal
102	provided in section 2.
103	(c) Any person who has attained career status must be
104	provided with written notice of the reasons for the proposed
105	dismissal. If, however, the Sheriff perceives a significant
106	hazard in keeping the employee on the job, or where delay could
107	result in damage or injury, the employee may be immediately
108	dismissed without notice and reasons, provided, however, that
109	the employee is later provided with such notice and reasons
110	within 2 calendar days after from the date of dismissal, except
111	where circumstances surrounding this situation make notice
112	within 2 days impracticable.
113	(d) An employee or appointee who has achieved career
114	status is entitled to appeal a disciplinary dismissal to the
115	Career Appeals Board.
116	(8) TRANSITION.--When a newly elected or appointed Sheriff
117	assumes office, all career status appointees and employees shall
118	remain employees of the new administration, including Bureau,
119	Division, and Judicial Services Commanders as defined in
120	paragraph (1)(a). Persons entitled to the rights of this
121	provision are those who have achieved career service status and
122	who hold the rank of Commander, Captain, Lieutenant, or the
123	positions of Personnel/Budget Director or Sheriff's Secretary
124	when the new Sheriff assumes office.
125	(a) The new Sheriff may only reduce a Commander, Captain,
126	and Lieutenant one rank below the rank held on the day before
127	the new Sheriff assumes office.
128	(b) The new Sheriff may assign the Personnel/Budget
129	Director and the Sheriff's Secretary to the next highest
130	position classification within the pay and classification
131	system.
132	(c) The reductions in rank and reassignments stated in
133	paragraphs (a) and (b) shall remain in effect for no more than 6
134	months and thereafter their position or assignment shall be at
135	the Sheriff's discretion.
136	(d) The salary of any displaced officer or person shall
137	not be reduced below the maximum of the new grade which is
138	applicable to his or her new position as set forth in the
139	existing pay and classification guide or by an increment greater
140	than 6 percent of the person’s rate of pay or salary for his or
141	her existing position, whichever results in the lower salary
142	minimum level.
143	(e) The Commanders, Directors, and other employees and
144	appointees set forth in paragraphs (a) and (b) shall retain
145	career service appeal rights applicable to their reduced rank or
146	reassigned position as set forth in this section.
147	(9) ADMINISTRATION.--The Sheriff shall have the authority
148	to adopt such rules and regulations as are necessary for the
149	implementation and administration of this Act; however, nothing
150	in this Act shall be construed as affecting the budget-making
151	powers of the Board of County Commissioners of Glades County.
152	Section 2. Career Appeals Board; creation; membership;
153	duties.--
154	(1) FUNCTION OF BOARDS.--Ad Hoc Career Appeals Boards
155	shall be appointed for the purpose of hearing appeals of
156	employees having career status arising from their disciplinary
157	dismissal. Any such Board may also provide assistance and advice
158	to the Sheriff in matters concerning disciplinary dismissal and
159	may take any other actions authorized by the Sheriff.
160	(a) A Career Appeals Board shall be utilized to make a
161	nonbinding recommendation to the Sheriff as to whether the
162	dismissal was for a violation of Sheriff's Office policy, rule,
163	regulation, procedure, or practice.
164	(b) An employee or appointee who is dismissed is not
165	granted the right of appeal if said person is charged with a
166	crime, enters a plea of guilty or nolo contendere, or is
167	adjudicated guilty or where adjudication of guilt is withheld
168	and the accused is placed on probation or in a pretrial
169	intervention plan with respect to any felony, misdemeanor, or
170	major traffic infraction.
171	(2) MEMBERSHIP OF BOARD.--Upon the call of the Sheriff or
172	upon the filing of an appeal, an Ad Hoc Career Appeals Board
173	shall be appointed. The membership of each Board shall consist
174	of five appointees or employees of the Office of Sheriff. Two
175	members shall be selected by the employee or appointee filing
176	the appeal, two members shall be selected by the Sheriff, and
177	the fifth member, who shall serve as the Chair of the Board,
178	shall be selected by the other four members. If these four
179	members are unable to agree upon the fifth member within 15 days
180	after the filing of the appeal and after exercising due
181	diligence, they shall request the circuit court to appoint the
182	fifth member who shall serve as Chair. Any employee may decline
183	to serve as a member of the Board.
184	(a) The Chair of the Board shall have the authority to
185	decide all motions or preliminary matters which are raised prior
186	to the opening of the appeals hearing. Any such decision may be
187	renewed before the Board.
188	(b) The hearing shall be conducted during the Sheriff's
189	Office administrative office hours; therefore, employees
190	selected to serve on the Board shall serve without additional
191	compensation. Once selected, the members of the Board shall
192	serve until the Board issues its recommendations to the
193	Sheriff's Office, and, unless reconvened, the Board shall be
194	dissolved.
195	(c) The Director or his or her designee in charge of
196	personnel matters shall serve as an ex officio member of the
197	Board for the purpose of providing procedural guidance to the
198	Board concerning the application of this Act and any rules or
199	regulations of this Act and any rules or regulations adopted by
200	the Sheriff relating thereto, but such ex officio member shall
201	have no vote.
202	(3) PROCEDURE WITH RESPECT TO APPEALS.--An employee or
203	appointee who has achieved career status may submit a written
204	request for a hearing to the Sheriff or his or her designee
205	within 7 calendar days after receiving a Notice of Dismissal
206	which shall be hand-delivered or sent certified mail, return
207	receipt requested. The appeal must contain a brief statement of
208	the matters to be considered by the Career Appeals Board and the
209	names of the employees selected to serve on the Board.
210	(a) A Career Appeals Board shall be selected and shall
211	meet for the purpose of hearing the appeal within 30 calendar
212	days after receipt of the Notice of Appeal. However, an
213	extension of time may be granted by the Chair for good cause or
214	upon agreement of the parties.
215	(b) The person filing the appeal has the right to a public
216	hearing, to be represented by a person of his or her choice, to
217	present relevant evidence, to present argument, and to cross
218	examine witnesses.
219	(c) The rules of evidence and civil procedure are not
220	applicable to hearings conducted under this Act.
221	(d) The Board, in conducting such hearings, shall have the
222	power to administer oaths, issue subpoenas, compel the
223	attendance of witnesses, and require the production of
224	documents. In case of disobedience of any person to comply with
225	the order of the Board or subpoena issued by the Board, or upon
226	the refusal of the witness to testify on any matter regarding
227	which he or she may be lawfully interrogated, a county judge of
228	the county in which a person resides, upon application of the
229	Board, shall compel obedience by proceeding as if it were
230	contempt. Each witness who appears in obedience to a subpoena
231	before the Board shall receive compensation for attendance fees
232	and mileage as provided for witnesses in civil cases and the
233	courts of this state. Such payment shall be made by the party
234	calling the witness, except that with respect to any witness
235	called by the Board, payment shall be made by the Sheriff upon
236	presentation of proper vouchers.
237	(e) The Board shall, by majority vote, dispose of the
238	appeal for which it was appointed by making a finding of fact
239	and issuing its written recommendations, including mitigating
240	circumstances, to the Sheriff for consideration. The Sheriff
241	shall retain the right of final determination and no person may
242	be reinstated with or without back pay or benefits without the
243	concurrence of the Sheriff.
244	Section 3. Per Diem.--Notwithstanding the provisions of
245	section 112.061(6)(d), Florida Statutes, the Glades County Board
246	of County Commissioners may reimburse the Chief Deputy of the
247	Glades County Sheriff’s Office for Class C travel on a per diem
248	basis or on a subsistence allowance basis.
249	Section 4. Severability.--The provisions of this Act shall
250	be severable, and if any provision shall be unconstitutional,
251	the decision of the court shall not affect the validity of the
252	remaining provisions.
253	Section 5. This act shall take effect upon becoming a law.
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