| 1 | The Committee on Local Government & Veterans' Affairs recommends |
| 2 | the following: |
| 3 |
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| 4 | Committee Substitute |
| 5 | Remove the entire bill and insert: |
| 6 | A bill to be entitled |
| 7 | An act relating to Palm Beach County; amending chapter 93- |
| 8 | 367, Laws of Florida, as amended; revising provisions |
| 9 | relating to employees of the Palm Beach County Sheriff; |
| 10 | revising the definition of "career service employee" and |
| 11 | providing restrictions for reduction in rank of certain |
| 12 | employees; providing applicability; specifying rights of |
| 13 | such employees; revising procedures for appeal of |
| 14 | disciplinary actions and complaints against employees; |
| 15 | revising provisions for the appointment of boards to hear |
| 16 | appeals and procedures with respect thereto; revising |
| 17 | provisions relating to monetary emoluments based on |
| 18 | performance; providing an effective date. |
| 19 |
|
| 20 | Be It Enacted by the Legislature of the State of Florida: |
| 21 |
|
| 22 | Section 1. Chapter 93-367, Laws of Florida, as amended, is |
| 23 | amended to read: |
| 24 | Section 1. Employees of the Palm Beach County Sheriff; |
| 25 | applicability of act; permanent status of employees; transition; |
| 26 | administration.-- |
| 27 | (1) CAREER SERVICE EMPLOYEES.--The term "career service |
| 28 | employee" as used in this act shall mean those employees hired |
| 29 | at the entry level (nonsupervisory, nonmanagement position) who |
| 30 | have successfully completed their probationary period. Employees |
| 31 | who are hired directly into supervisory or management positions |
| 32 | below the rank of Major, or its civilian equivalent, must |
| 33 | complete 10 years of full-time service to be considered a career |
| 34 | service employee. Colonels, Majors, Directors, or their |
| 35 | executive staff equivalents promoted through the ranks (hired at |
| 36 | entry level and successfully completed probationary period as a |
| 37 | nonsupervisory, nonmanagement employee, and successfully |
| 38 | completed the probationary period in all successive promotions |
| 39 | through ranks in which the employee served) shall be considered |
| 40 | career service employees, and during any transition may only be |
| 41 | reduced to the rank of Captain or its civilian equivalent. The |
| 42 | sworn officer status and Florida Retirement System Special Risk |
| 43 | status of sworn staff may not be affected through actions taken |
| 44 | pursuant to this section. Colonels, Majors, Directors, Assistant |
| 45 | Directors, or their executive staff equivalents directly |
| 46 | appointed by the Sheriff laterally to those ranks must have |
| 47 | completed 10 years of service in the appointed rank to be |
| 48 | considered career service employees. The Undersheriff shall at |
| 49 | no time be considered a career service employee. Career service |
| 50 | employees below the rank of Major or its civilian equivalent |
| 51 | shall not be subject to dismissal or demotion without just |
| 52 | cause. |
| 53 | (2) APPLICABILITY.-- |
| 54 | (a) The provisions of this act shall apply to all |
| 55 | certified and noncertified persons in the employ of the Sheriff |
| 56 | of Palm Beach County, including deputy sheriffs. The provisions |
| 57 | of this act do not apply to the Sheriff, Undersheriff, special |
| 58 | deputies appointed pursuant to s. 30.09(4), Florida Statutes, |
| 59 | members of the Sheriff's posse, reserve units or persons |
| 60 | appointed as part-time deputy sheriffs, as defined by the |
| 61 | Criminal Justice Standards and Training Commission, unless any |
| 62 | such person is also employed full time by the Office of the |
| 63 | Sheriff. As used in this act, the terms "employee," "employ," |
| 64 | "employ," and "employment" refer to all persons, |
| 65 | and "employment" refer to all persons, whether employed or |
| 66 | appointed, to whom the act applies. |
| 67 | (b) Nothing in this act shall be construed as affecting |
| 68 | the budget-making authority and power of the Palm Beach County |
| 69 | Board of County Commissioners. |
| 70 | (c) Approved and authorized reductions in staff shall be |
| 71 | accomplished on a seniority basis within the Office of the |
| 72 | Sheriff. |
| 73 | (3) CAREER SERVICE STATUS; CAUSE FOR SUSPENSION OR |
| 74 | DISMISSAL.-- |
| 75 | (a) When an employee of the Sheriff to whom the provisions |
| 76 | of this act apply has served in such employment for a period of |
| 77 | 1 calendar year from the date the employee first enters the |
| 78 | Sheriff's orientation program or the beginning of field |
| 79 | training, whichever comes first, such employee shall have |
| 80 | attained career service status in the Office of the Sheriff; |
| 81 | however, if an employee is placed on disciplinary probation for |
| 82 | a period of 6 months or more or is terminated and rehired at a |
| 83 | later date, the employee shall be required to complete 1 |
| 84 | calendar year of service from the date of the disciplinary |
| 85 | action before being granted the right to appeal as provided in |
| 86 | section 2. Any employee who is required to serve a probationary |
| 87 | period attendant to a promotion shall retain permanent status in |
| 88 | the Office of the Sheriff, but may be returned to his or her |
| 89 | prior rank during such probationary period without the right of |
| 90 | appeal as provided in section 2. For the purpose of determining |
| 91 | career service status as defined by the provisions of this act, |
| 92 | all time in the employment of the Office of the Sheriff while in |
| 93 | the police academy or other comparable training for |
| 94 | certification as a sworn officer or deputy sheriff shall not be |
| 95 | counted or considered in any manner in determining whether the |
| 96 | employee has attained 1 calendar year of minimum service for |
| 97 | career service protection. |
| 98 | (b) Any employee who has achieved career service status in |
| 99 | the Office of the Sheriff may only be suspended or dismissed for |
| 100 | cause, provided that, prior to such action, the employee has |
| 101 | been furnished written notice of the proposed action and has |
| 102 | been offered an opportunity to respond to the reasons for the |
| 103 | suspension or dismissal. In extraordinary situations, however, |
| 104 | such as when delay could result in damage or injury, an employee |
| 105 | may be suspended or dismissed immediately and then provided |
| 106 | notice thereof and reasons therefor within 48 hours, or as soon |
| 107 | as is practical if circumstances surrounding such extraordinary |
| 108 | situation makes notice within 48 hours impractical. Cause for |
| 109 | suspension or dismissal includes, but is not limited to, |
| 110 | negligence, inefficiency, or inability to perform assigned |
| 111 | duties, insubordination, violation of provisions of law or |
| 112 | office rules, conduct unbecoming a public employee, misconduct, |
| 113 | proof of alcohol abuse, proof of abuse of prescription drugs, or |
| 114 | proof of use of illegal drugs. Cause for suspension or dismissal |
| 115 | also includes, but is not limited to, adjudication of guilt by a |
| 116 | court of competent jurisdiction, a plea of guilty or of nolo |
| 117 | contendere, or a verdict of guilty when adjudication of guilt is |
| 118 | withheld and the accused is placed on probation, with respect to |
| 119 | any felony, misdemeanor, or major traffic infraction. The filing |
| 120 | by a law enforcement agency of felony, misdemeanor, or major |
| 121 | traffic infraction charges against an employee or an arrest of |
| 122 | an employee for such infractions constitutes cause for |
| 123 | suspension. |
| 124 | (4) TRANSITION OF EMPLOYEES.-- |
| 125 | (a) When a newly elected or appointed Sheriff assumes |
| 126 | office, the new Sheriff shall continue the employment of all |
| 127 | currently employed career service personnel unless cause for |
| 128 | dismissal, as provided herein, exists. The incoming Sheriff may |
| 129 | maintain the current staff personnel assigned to the position of |
| 130 | Undersheriff, Colonel, Major, Director, or their executive staff |
| 131 | equivalents. However, in the event that the incoming Sheriff |
| 132 | fills such positions with new personnel, the current occupants |
| 133 | of those positions who are career service employees shall be |
| 134 | reduced to no lower than the rank of Captain, or its equivalent, |
| 135 | which rank shall be permanent unless later reduced by |
| 136 | disciplinary demotion or increased through subsequent promotion. |
| 137 | Their regular base salaries may be reduced or increased |
| 138 | accordingly. Actions taken pursuant to this subsection affecting |
| 139 | the Undersheriff, Colonels, Majors, Directors, or their |
| 140 | executive staff equivalents shall not be appealable under |
| 141 | section 2. |
| 142 | (b) Dismissals or demotions pursuant to across-the-board |
| 143 | actions directed by the Palm Beach County Board of County |
| 144 | Commissioners, resulting from county fiscal impacts, shall not |
| 145 | be appealable under the provisions of section 2. |
| 146 | (5) ADMINISTRATION.--The Sheriff shall have the full |
| 147 | authority to adopt such rules, regulations, and procedures |
| 148 | necessary for the administration and implementation of this act. |
| 149 | The rules, regulations, and procedures shall meet or exceed |
| 150 | approved Standards of Accreditation for Law Enforcement |
| 151 | Agencies. |
| 152 | Section 2. Hearing review boards; function; membership; |
| 153 | procedures.-- |
| 154 | (1) FUNCTION OF BOARDS.--Ad hoc hearing review boards |
| 155 | shall be appointed as provided herein for the purpose of hearing |
| 156 | appeals of career service employees arising from personnel |
| 157 | actions brought under the rules, regulations, or policies of the |
| 158 | Office of the Sheriff which result in dismissal, suspension, |
| 159 | demotion, or reduction in pay. Lateral transfers, shift changes, |
| 160 | reprimands, oral or written, and suspensions of 2 working days |
| 161 | or less shall not be appealable to the board; however, no more |
| 162 | than one such action of suspension may occur within 1 calendar |
| 163 | year without the right to appeal. The scope of the review board |
| 164 | is limited to disciplinary proceedings and termination actions. |
| 165 | Review boards have the authority to conduct hearings and make |
| 166 | findings of fact and recommendations to the Sheriff. The Sheriff |
| 167 | shall not be bound by the findings or recommendations of such |
| 168 | boards, but will consider them in making his or her final |
| 169 | decision. Except in the case of termination, the decision of the |
| 170 | Sheriff is final and not appealable within the office. |
| 171 | (2) MEMBERSHIP AND RESPONSIBILITY OF BOARD.-- |
| 172 | (a) The Hearing Review Board shall consist of five members |
| 173 | of the Office of the Sheriff. The Sheriff shall select two |
| 174 | members, with at least one member above the rank of Lieutenant |
| 175 | to serve as the board chairperson. Two members shall be selected |
| 176 | by the employee requesting the hearing. The fifth member shall |
| 177 | be selected by the other four members. Each selected member |
| 178 | shall have the right to decline to serve. |
| 179 | (b) All members of the Hearing Review Board shall be |
| 180 | selected on the basis of fairness, objectivity, and |
| 181 | impartiality. The board shall have no investigative powers and |
| 182 | shall function in the capacity of a fact finder in an effort to |
| 183 | arrive at a fair and equitable recommendation in all matters |
| 184 | brought before it. Selected members shall have no involvement |
| 185 | with the issues under consideration. Membership on of the board |
| 186 | is not mandatory voluntary and without remuneration. Members |
| 187 | will not discuss matters to be heard before the board until the |
| 188 | board convenes and then may only discuss said matters during the |
| 189 | officially convened sessions of the board. |
| 190 | (c) The Hearing Review Board chairperson shall have the |
| 191 | responsibility to: |
| 192 | 1. Chair all meetings utilizing parliamentary rules of |
| 193 | order. |
| 194 | 2. Convene an organizational meeting of the board to |
| 195 | select a fifth member. |
| 196 | 3. Request that the employee provide the names of any |
| 197 | witnesses. |
| 198 | 4. Schedule and provide written notification of all |
| 199 | meetings to the Internal Affairs Bureau, witnesses, board |
| 200 | members, and employees. |
| 201 | 5. Provide copies of all charges to board members. |
| 202 | 6. Ensure compliance with hearing procedures. |
| 203 | (3) PROCEDURE WITH RESPECT TO HEARINGS.-- |
| 204 | (a) Any career service employee may request a hearing |
| 205 | before the Hearing Review Board for any appealable disciplinary |
| 206 | action of his or her superiors which adversely affects his or |
| 207 | her employment. |
| 208 | (b) Requests for a hearing shall be made in writing to the |
| 209 | employee's immediate supervisor within 10 working days of notice |
| 210 | of appealable disciplinary action. The request shall contain a |
| 211 | brief statement of the matters to be considered by the board and |
| 212 | the names of the two employees selected to be members of the |
| 213 | board. |
| 214 | (c) The immediate supervisor shall forward the hearing |
| 215 | request to the Sheriff and the appropriate division commander |
| 216 | without delay. The Hearing Review Board will be impaneled and a |
| 217 | hearing date will be scheduled by the Sheriff within 10 working |
| 218 | days of receipt. |
| 219 | (d) Legal questions or case law must be submitted to the |
| 220 | chairperson 10 days before the board convenes. |
| 221 | (e) The employee and his or her representative have has |
| 222 | the right to be present, to present the employee's his case, to |
| 223 | explain or defend, and to cross examine all witnesses and |
| 224 | complainants, provided that neither the employee nor his or her |
| 225 | representative shall disrupt the proceedings. The qualification |
| 226 | of disruptive conduct shall be in the exclusive determination of |
| 227 | the chairperson of the Hearing Review Board. |
| 228 | (f) The employee has the right to be represented during |
| 229 | the hearing by counsel or other representative of choice who |
| 230 | shall serve as an observer and advisor to the employee. If the |
| 231 | employee elects to be represented by counsel or other |
| 232 | representative, the employee must be present throughout the |
| 233 | hearing and must The representative may not actively participate |
| 234 | in the proceedings. |
| 235 | (g) The employee shall not discuss the circumstances of |
| 236 | the matter being brought before the board except through the |
| 237 | chairperson. |
| 238 | (h) All witnesses shall be notified in writing of the date |
| 239 | and time of the Hearing Review Board through the appropriate |
| 240 | chain of command by the chairperson of the board. Written |
| 241 | statements from nonemployee witnesses should be used in lieu of |
| 242 | personal appearance. Nonemployee witnesses should only be called |
| 243 | to appear before the board at the request of the board. |
| 244 | (4) CONDUCT OF HEARING.-- |
| 245 | (a) Hearing review boards are designed to determine the |
| 246 | truth while maintaining an atmosphere of fundamental fairness |
| 247 | and shall not be controlled by civil or criminal rules of |
| 248 | procedure. |
| 249 | (b) Board members are authorized to receive verbal or |
| 250 | written testimony concerning any matter considered relevant by |
| 251 | the board. The board may review any record, including, but not |
| 252 | limited to, performance evaluations and disciplinary files. |
| 253 | (c) Employees and their representatives shall have an |
| 254 | opportunity to present evidence, conduct cross examination, and |
| 255 | submit rebuttal evidence, and present opening and closing |
| 256 | statements. |
| 257 | (5) FINDINGS AND RECOMMENDATIONS OF THE REVIEW BOARD.-- |
| 258 | (a) Each complaint shall receive a separate finding and |
| 259 | recommendation by the majority of the board. Each finding shall |
| 260 | consider the seriousness of the complaint, any extenuating |
| 261 | circumstances, the tenure of the employee, and past conduct |
| 262 | record. The board shall submit to the Sheriff its written |
| 263 | findings of fact and recommendations within 5 days after the |
| 264 | hearing. |
| 265 | (b) The board may place before the Sheriff any recommended |
| 266 | disposition that the board believes may be of benefit to the |
| 267 | Office of the Sheriff, including, but not limited to: oral or |
| 268 | verbal reprimand; suspension; reduction of rank; termination of |
| 269 | employment; sustaining or reversing the original decision; or |
| 270 | recommending a more severe disposition. |
| 271 | (c) The Sheriff will review the findings and |
| 272 | recommendations of the board and may either approve or |
| 273 | disapprove them. The Sheriff has the sole discretion to overrule |
| 274 | the findings of the board. |
| 275 | (d) The Sheriff will notify the employee of the final |
| 276 | results of the Hearing Review Board and the reasons therefor. |
| 277 | (e) In the event the employee is exonerated, the employee |
| 278 | shall be reinstated without prejudice or penalty. |
| 279 | (f) When summary discipline is imposed by any supervisor, |
| 280 | the Sheriff may order a board to convene and review the action |
| 281 | of the supervisor. |
| 282 | (g) Except for termination, there shall be no further |
| 283 | appeals within the Office of the Sheriff. Terminations may be |
| 284 | appealed to the Termination Review Board. |
| 285 | (h) All proceedings of the board shall be recorded and |
| 286 | retained by the Internal Affairs Bureau. Rest periods shall be |
| 287 | duly noted and there shall be no unrecorded questions or |
| 288 | statements by any parties or witnesses. Recordings shall be |
| 289 | properly marked and identified prior to filing. |
| 290 | (i) All associated reports, paperwork, and personnel |
| 291 | action taken as a result of the Hearing Review Board shall be |
| 292 | retained by the Internal Affairs Bureau. |
| 293 | (6) TERMINATION REVIEW BOARD.-- |
| 294 | (a) In the event of termination, the employee may request |
| 295 | that the termination decision be resubmitted to the board which |
| 296 | originally heard the appeal within 10 days of notice of |
| 297 | termination. |
| 298 | (b) Upon review of their original recommendation and the |
| 299 | Sheriff's rationale for termination, the board may uphold or |
| 300 | reverse the decision of the Sheriff, provided that any reversal |
| 301 | shall require at least four members of the board voting to |
| 302 | reverse. The reversal shall be binding upon the Sheriff, who |
| 303 | shall reinstate the employee within 72 hours of the board's |
| 304 | reversal. The board's original findings and decisions regarding |
| 305 | discipline shall also be binding upon the Sheriff. |
| 306 | (c) In the event the termination is based upon criminal |
| 307 | charges, the charges must be disposed of prior to a |
| 308 | determination by the Termination Review Board. |
| 309 | Section 3. Preservation of employment benefits and |
| 310 | emoluments.-- |
| 311 | (1) The provisions of this section shall apply to all |
| 312 | certified and noncertified persons in the employ of the Sheriff |
| 313 | of Palm Beach County, including deputy sheriffs, as specified in |
| 314 | section 1(2)(a) of chapter 93-367, Laws of Florida, except that |
| 315 | this section shall not apply to those employees beyond the rank |
| 316 | of Captain or its civilian equivalent. |
| 317 | (2) Existing employer-paid benefits and emoluments for |
| 318 | active and retired employees with regard to the pay plan, |
| 319 | longevity plan, tuition-reimbursement plan, career-path program, |
| 320 | health insurance, life insurance, and disability benefits may |
| 321 | not be substantially reduced, except in the case of exigent |
| 322 | operational necessity, except all moneys which would have been |
| 323 | allocated to longevity pay for those at the rank of captain or |
| 324 | its civilian equivalent shall be disbursed in accordance with |
| 325 | objective performance-related criteria. The objective |
| 326 | performance-related criteria shall take into consideration input |
| 327 | from a committee including those at the rank of captain or its |
| 328 | civilian equivalent. |
| 329 | (3) Nothing in this act shall preclude the Sheriff from |
| 330 | enhancing those benefits and emoluments for active and retired |
| 331 | employees and appointees of the Palm Beach County Sheriff's |
| 332 | Office. |
| 333 | (4) Nothing in this act shall be construed as affecting |
| 334 | the budget-making authority and power of the Palm Beach County |
| 335 | Board of County Commissioners. |
| 336 | Section 2. This act shall take effect upon becoming a law. |