Bill Text: ENROLLED HB 0275, Engrossed 1

ENROLLED HB 0275, Engrossed 1

2003 Legislature

A bill to be entitled

An act relating to Glades County; providing for career

service; specifying rights of certain employees of the

Glades County Sheriff; providing definitions; providing

proceedings and provisions with respect to dismissal;

providing for transition between administrations;

providing for appeals procedures; providing for career

appeals boards; providing for per diem for certain

employees; providing severability; providing an effective

date.

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

Section 1. Employees and appointees of Glades County

Sheriff; applicability of Act; career status and administration;

definitions; transitions; administration.--

(1) APPLICABILITY.--The provisions of this Act apply to

all certified and noncertified persons appointed or employed by

the Glades County Sheriff, with the following exceptions:

(a) Commanders, or in the event of a title change, the

highest ranked certified law enforcement officers reporting

directly to the Sheriff.

(b) Special deputy sheriffs appointed under section

30.09(4), Florida Statutes.

(d) Part-time appointees and employees, whether salaried

or hourly paid, who are scheduled to work less than 24 hours per

week.

(e) Independent contractors, temporary employees, or

contract employees.

(f) Appointees and employees employed pursuant to a grant

whose continued existence or funding is subject to the

expiration or withdrawal of the grant provider.

(2) APPLICATION TO CERTAIN DISMISSED PERSONS.--This Act

does not apply to an otherwise covered person who claims that a

dismissal was for lawful off-duty political activity or

discriminatory reasons.

(3) INDEPENDENT MAINTENANCE.--This Act does not change the

independence of the Sheriff as set forth in section 30.53,

Florida Statutes, which reserves the final authority and

responsibility of dismissing employees and appointees solely to

the Sheriff's discretion.

(4) APPLICATION TO COLLECTIVE BARGAINING.--This Act does

not grant the right of collective bargaining to the Sheriff's

employees who do not otherwise have that right pursuant to law.

(5) NONDISCIPLINARY DISMISSALS.--This Act does not cover

the nondisciplinary dismissal of employees or appointees. Such

nondisciplinary dismissals include those arising from a

reduction in force, layoff, or partial or total abolition or

cessation of a program, service, operation, department,

subdivision, or grant-funded position, at the discretion of the

Sheriff.

(6) DEFINITIONS.--

(a) "Appointee" means that person selected by the Sheriff

to serve in the position of Deputy Sheriff or Correctional

Officer who is certified within the meaning of chapter 943,

Florida Statutes.

(b) "Employee" means any person employed by the Sheriff

for a position which does not require certification under

chapter 943, Florida Statutes.

appointment by the Sheriff or his or her designee of a person

employed or appointed to a position with the Office of Sheriff.

(d) "Initial probationary period" means 1 year of

conditional employment or appointment commencing on the initial

date of actual work and continuing for 12 months in a regularly

established position. This probationary period may be extended

at the discretion of the Sheriff for a period equal to any work

time taken off during the 12-month period. This initial 12-month

probationary period may also be extended at the discretion of

the Sheriff for an additional 6 months.

(e) "Career Appeals Board" means the ad hoc board

authorized under this Act to hear disciplinary dismissal

appeals.

(f) "Reemployment" means the reappointment or reemployment

of a person who was previously an appointee or employee of the

Office of Sheriff.

For the purposes of this Act, "appointee" and "employee" are

synonymous and any derivative of "employ" refers to the persons

to whom this Act applies.

(7) CAREER STATUS.--

(a) After any employee or appointee of the Sheriff to whom

the provisions of this Act apply has completed the initial or

extended probationary period, such person shall have attained

career status in the Office of Sheriff. If such person is

reemployed at a later date, said person shall be required to

again complete the probationary period before being granted the

right of appeal provided in section 2.

(b) At any time the Sheriff may dismiss an appointee or

employee who has not completed the initial or extended

probationary period without granting the right of appeal

provided in section 2.

provided with written notice of the reasons for the proposed

dismissal. If, however, the Sheriff perceives a significant

hazard in keeping the employee on the job, or where delay could

result in damage or injury, the employee may be immediately

dismissed without notice and reasons, provided, however, that

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the employee is later provided with such notice and reasons

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within 2 calendar days after from the date of dismissal, except

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where circumstances surrounding this situation make notice

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within 2 days impracticable.

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(d) An employee or appointee who has achieved career

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status is entitled to appeal a disciplinary dismissal to the

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Career Appeals Board.

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(8) TRANSITION.--When a newly elected or appointed Sheriff

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assumes office, all career status appointees and employees shall

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remain employees of the new administration, including Bureau,

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Division, and Judicial Services Commanders as defined in

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paragraph (1)(a). Persons entitled to the rights of this

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provision are those who have achieved career service status and

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who hold the rank of Commander, Captain, Lieutenant, or the

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positions of Personnel/Budget Director or Sheriff's Secretary

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when the new Sheriff assumes office.

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(a) The new Sheriff may only reduce a Commander, Captain,

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and Lieutenant one rank below the rank held on the day before

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the new Sheriff assumes office.

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(b) The new Sheriff may assign the Personnel/Budget

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Director and the Sheriff's Secretary to the next highest

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position classification within the pay and classification

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system.

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paragraphs (a) and (b) shall remain in effect for no more than 6

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months and thereafter their position or assignment shall be at

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the Sheriff's discretion.

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(d) The salary of any displaced officer or person shall

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not be reduced below the maximum of the new grade which is

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applicable to his or her new position as set forth in the

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existing pay and classification guide or by an increment greater

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than 6 percent of the person’s rate of pay or salary for his or

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her existing position, whichever results in the lower salary

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minimum level.

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(e) The Commanders, Directors, and other employees and

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appointees set forth in paragraphs (a) and (b) shall retain

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career service appeal rights applicable to their reduced rank or

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reassigned position as set forth in this section.

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(9) ADMINISTRATION.--The Sheriff shall have the authority

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to adopt such rules and regulations as are necessary for the

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implementation and administration of this Act; however, nothing

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in this Act shall be construed as affecting the budget-making

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powers of the Board of County Commissioners of Glades County.

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Section 2. Career Appeals Board; creation; membership;

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duties.--

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(1) FUNCTION OF BOARDS.--Ad Hoc Career Appeals Boards

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shall be appointed for the purpose of hearing appeals of

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employees having career status arising from their disciplinary

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dismissal. Any such Board may also provide assistance and advice

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to the Sheriff in matters concerning disciplinary dismissal and

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may take any other actions authorized by the Sheriff.

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(a) A Career Appeals Board shall be utilized to make a

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nonbinding recommendation to the Sheriff as to whether the

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dismissal was for a violation of Sheriff's Office policy, rule,

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regulation, procedure, or practice.

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(b) An employee or appointee who is dismissed is not

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granted the right of appeal if said person is charged with a

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crime, enters a plea of guilty or nolo contendere, or is

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adjudicated guilty or where adjudication of guilt is withheld

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and the accused is placed on probation or in a pretrial

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intervention plan with respect to any felony, misdemeanor, or

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major traffic infraction.

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(2) MEMBERSHIP OF BOARD.--Upon the call of the Sheriff or

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upon the filing of an appeal, an Ad Hoc Career Appeals Board

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shall be appointed. The membership of each Board shall consist

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of five appointees or employees of the Office of Sheriff. Two

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members shall be selected by the employee or appointee filing

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the appeal, two members shall be selected by the Sheriff, and

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the fifth member, who shall serve as the Chair of the Board,

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shall be selected by the other four members. If these four

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members are unable to agree upon the fifth member within 15 days

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after the filing of the appeal and after exercising due

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diligence, they shall request the circuit court to appoint the

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fifth member who shall serve as Chair. Any employee may decline

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to serve as a member of the Board.

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(a) The Chair of the Board shall have the authority to

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decide all motions or preliminary matters which are raised prior

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to the opening of the appeals hearing. Any such decision may be

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renewed before the Board.

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(b) The hearing shall be conducted during the Sheriff's

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Office administrative office hours; therefore, employees

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selected to serve on the Board shall serve without additional

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compensation. Once selected, the members of the Board shall

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serve until the Board issues its recommendations to the

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Sheriff's Office, and, unless reconvened, the Board shall be

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dissolved.

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personnel matters shall serve as an ex officio member of the

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Board for the purpose of providing procedural guidance to the

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Board concerning the application of this Act and any rules or

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regulations of this Act and any rules or regulations adopted by

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the Sheriff relating thereto, but such ex officio member shall

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have no vote.

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(3) PROCEDURE WITH RESPECT TO APPEALS.--An employee or

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appointee who has achieved career status may submit a written

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request for a hearing to the Sheriff or his or her designee

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within 7 calendar days after receiving a Notice of Dismissal

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which shall be hand-delivered or sent certified mail, return

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receipt requested. The appeal must contain a brief statement of

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the matters to be considered by the Career Appeals Board and the

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names of the employees selected to serve on the Board.

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(a) A Career Appeals Board shall be selected and shall

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meet for the purpose of hearing the appeal within 30 calendar

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days after receipt of the Notice of Appeal. However, an

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extension of time may be granted by the Chair for good cause or

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upon agreement of the parties.

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(b) The person filing the appeal has the right to a public

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hearing, to be represented by a person of his or her choice, to

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present relevant evidence, to present argument, and to cross

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examine witnesses.

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applicable to hearings conducted under this Act.

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(d) The Board, in conducting such hearings, shall have the

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power to administer oaths, issue subpoenas, compel the

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attendance of witnesses, and require the production of

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documents. In case of disobedience of any person to comply with

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the order of the Board or subpoena issued by the Board, or upon

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the refusal of the witness to testify on any matter regarding

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which he or she may be lawfully interrogated, a county judge of

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the county in which a person resides, upon application of the

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Board, shall compel obedience by proceeding as if it were

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contempt. Each witness who appears in obedience to a subpoena

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before the Board shall receive compensation for attendance fees

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and mileage as provided for witnesses in civil cases and the

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courts of this state. Such payment shall be made by the party

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calling the witness, except that with respect to any witness

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called by the Board, payment shall be made by the Sheriff upon

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presentation of proper vouchers.

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(e) The Board shall, by majority vote, dispose of the

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appeal for which it was appointed by making a finding of fact

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and issuing its written recommendations, including mitigating

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circumstances, to the Sheriff for consideration. The Sheriff

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shall retain the right of final determination and no person may

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be reinstated with or without back pay or benefits without the

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concurrence of the Sheriff.

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Section 3. Per Diem.--Notwithstanding the provisions of

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section 112.061(6)(d), Florida Statutes, the Glades County Board

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of County Commissioners may reimburse the Chief Deputy of the

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Glades County Sheriff’s Office for Class C travel on a per diem

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basis or on a subsistence allowance basis.

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Section 4. Severability.--The provisions of this Act shall

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be severable, and if any provision shall be unconstitutional,

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the decision of the court shall not affect the validity of the

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remaining provisions.

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Section 5. This act shall take effect upon becoming a law.

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