| 1 | The Committee on State Administration recommends the following: |
| 2 |
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| 3 | Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to Columbia County; providing for career |
| 7 | service for members of the Columbia County Sheriff's |
| 8 | Office; providing for application of the act, career |
| 9 | status of members, and administration; providing for a |
| 10 | procedure with respect to complaints against members; |
| 11 | providing for appeals; providing for certain protections |
| 12 | during the transition of a new Sheriff; providing for a |
| 13 | Career Service Appeal Board; providing for status as |
| 14 | career members; prohibiting certain actions to circumvent |
| 15 | the act; providing for exclusions; providing severability; |
| 16 | providing an effective date. |
| 17 |
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| 18 | Be It Enacted by the Legislature of the State of Florida: |
| 19 |
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| 20 | Section 1. Members of the Columbia County Sheriff's |
| 21 | Office; applicability of the act; career status of the members; |
| 22 | administration.-- |
| 23 | (1) APPLICABILITY.-- |
| 24 | (a) The provisions of this act shall apply to all full- |
| 25 | time certified and noncertified persons in the employ of the |
| 26 | Columbia County Sheriff's Office except as specifically |
| 27 | described in section 6 of this act. |
| 28 | (b) As used in this act, the terms "member," "employee," |
| 29 | "employ," and "employment" shall refer to all persons, whether |
| 30 | employed or appointed, to whom the act applies. It is not, |
| 31 | however, the intent of this act to grant any rights not |
| 32 | specifically stated in this act beyond the provisions of this |
| 33 | act to persons in the employ of the Columbia County Sheriff's |
| 34 | Office who do not otherwise have those rights pursuant to law. |
| 35 | (2) CAREER STATUS; CAUSE FOR TERMINATION OF EMPLOYMENT.-- |
| 36 | (a) After a member of the Columbia County Sheriff's Office |
| 37 | to whom the provisions of this act apply has served in such |
| 38 | employment for a period of 1 calendar year and successfully |
| 39 | completed a probationary training program, such employee shall |
| 40 | have attained career status with the Columbia County Sheriff's |
| 41 | Office, provided that, if an employee is terminated and rehired |
| 42 | at a 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 4 of this act. |
| 45 | (b) Any employee who has achieved career status with the |
| 46 | Columbia County Sheriff's Office may only be terminated for just |
| 47 | cause, provided that prior to such action the employee shall be |
| 48 | furnished written notice of the proposed action and offered an |
| 49 | opportunity to respond to the reasons for the termination. |
| 50 | However, in situations in which delay could result in damage or |
| 51 | injury, an employee may be relieved of duty immediately and |
| 52 | provided notice thereof and reasons therefor within 24 hours. |
| 53 | (c) Just cause for initiating an internal investigation |
| 54 | that may result in termination of employment shall include |
| 55 | violation of the provisions of law or office rules or direct |
| 56 | violation of published Sheriff's Office policy. |
| 57 | (d) Just cause for initiating an internal investigation |
| 58 | shall also include, with respect to any felony or misdemeanor, |
| 59 | adjudication of guilt by a court of competent jurisdiction, a |
| 60 | plea of guilty or of nolo contendere, or adjudication of guilt |
| 61 | withheld and the accused placed on probation. |
| 62 | (e) The filing of felony or misdemeanor charges by the |
| 63 | state attorney against an employee shall constitute just cause |
| 64 | for initiating an internal investigation. |
| 65 | (3) TRANSITION OF CAREER SERVICE EMPLOYEES.-- |
| 66 | (a) When a newly elected or appointed Sheriff assumes |
| 67 | office, the new Sheriff shall continue the employment of all |
| 68 | currently employed career personnel unless just cause for |
| 69 | termination of employment, as provided herein, exists. However, |
| 70 | the incoming Sheriff shall have the option of maintaining the |
| 71 | current personnel assigned to the positions of Lieutenant and |
| 72 | above, Executive Assistants, Executive Office Managers, and |
| 73 | Administrative Positions of Trust. |
| 74 | (b) Positions of Trust include the Comptroller, the |
| 75 | Director of Property Management, and Special Investigators |
| 76 | assigned and involved in conducting internal inquiries or |
| 77 | internal investigations. |
| 78 | (c) If the incoming Sheriff fills the positions of |
| 79 | Lieutenant and above, Executive Assistants, Executive Office |
| 80 | Managers, and Administrative Positions of Trust with new |
| 81 | personnel, the current occupants of those positions may be |
| 82 | reduced to the next lower existing rank or civilian designation |
| 83 | and transferred to another assignment within the same division |
| 84 | or a salary adjustment of up to 10 percent downward, or both. In |
| 85 | the event no position is available downward, as in a one-person |
| 86 | department, the occupant may be transferred to another |
| 87 | assignment within the Sheriff's Office with up to a 10-percent |
| 88 | pay adjustment downward. |
| 89 | (d) The new rank of the individuals shall be the permanent |
| 90 | rank of the individuals for a period of 6 months and then may be |
| 91 | later changed by independent disciplinary action. |
| 92 | (e) Initial actions taken pursuant to this subsection |
| 93 | affecting the Lieutenants and above and other Executive |
| 94 | Positions of Trust and within the guidelines of section 3 shall |
| 95 | not be subject to appeal under section 4. |
| 96 | (4) ADMINISTRATION.-- |
| 97 | (a) The Sheriff shall have the authority to adopt such |
| 98 | rules and regulations as are necessary for the implementation |
| 99 | and administration of this act. |
| 100 | (b) The promulgation of rules and regulations related to |
| 101 | this act by the Sheriff are at his or her sole discretion; |
| 102 | however, nothing in this act shall be construed as affecting the |
| 103 | budget-making powers of the Board of County Commissioners of |
| 104 | Columbia County. |
| 105 | Section 2. Complaints against employees; procedure.-- |
| 106 | (1) A complaint receipt and processing procedure shall be |
| 107 | established in order to provide adequately for the prompt |
| 108 | receipt, investigation, and disposition of complaints against |
| 109 | members of the Columbia County Sheriff's Office. The complaint |
| 110 | procedure shall reflect the provisions in section 112.532, |
| 111 | Florida Statutes. |
| 112 | (2) After written receipt of the disposition of the |
| 113 | complaint, if an employee is dissatisfied with the decision of |
| 114 | the Sheriff regarding disciplinary action resulting in |
| 115 | termination of employment, the employee may appeal the action to |
| 116 | the Career Service Appeal Board. |
| 117 | Section 3. Disciplinary appeal procedure.-- |
| 118 | (1) An appeal of disciplinary action resulting in |
| 119 | termination of employment shall result in the opportunity for a |
| 120 | hearing before a Career Service Appeal Board as specified in |
| 121 | said procedure. |
| 122 | (2) Immediately following the hearing, the board shall |
| 123 | report to the Sheriff via the Director of Human Resources or |
| 124 | other person so designated by the Sheriff. |
| 125 | Section 4. Career Service Appeal Board; creation; |
| 126 | membership; duties.-- |
| 127 | (1) FUNCTION OF BOARD.-- |
| 128 | (a) An ad hoc Career Service Appeal Board shall be |
| 129 | appointed as provided herein for the purpose of hearing appeals |
| 130 | from career employees brought under the provisions of this act |
| 131 | or the Sheriff's Office rules or policies which result in |
| 132 | termination of employment. |
| 133 | (b) A board may also, upon the request of the Sheriff, |
| 134 | provide assistance and advice to the Sheriff in matters |
| 135 | concerning disciplinary actions and may take any other actions |
| 136 | as authorized by the Sheriff. |
| 137 | (2) MEMBERSHIP OF BOARD.-- |
| 138 | (a) When needed upon the call of the Sheriff or the filing |
| 139 | of an appeal of a termination of employment, an ad hoc Career |
| 140 | Service Appeal Board shall be appointed. The membership of each |
| 141 | such board shall consist of two members selected by the Sheriff |
| 142 | from among any full-time eligible employees from within the |
| 143 | Sheriff's Office; two members selected by the employee filing |
| 144 | the appeal from among any full-time eligible employees within |
| 145 | the Sheriff's Office; and one member, who is a full-time |
| 146 | eligible member from within the Columbia County Sheriff's |
| 147 | Office, selected by the other members of the board, who shall |
| 148 | serve as chairperson. |
| 149 | (b) If a noncertified member requests an appeal, the two |
| 150 | members selected by the noncertified member may be from among |
| 151 | any full-time eligible employees from any division of the |
| 152 | Sheriff's Office. |
| 153 | (c) The appealing member shall have 7 calendar days from |
| 154 | the date that the request for a hearing was delivered directly |
| 155 | to the Sheriff, or to one of the Administrative Assistants in |
| 156 | the Sheriff's Office, to select two qualified members willing to |
| 157 | serve as members of the board and deliver their names directly |
| 158 | to Human Resources. If, within the 7-day period, the appealing |
| 159 | member fails to submit the names of two qualified members as |
| 160 | outlined in this paragraph and paragraphs (a) and (b) who have |
| 161 | been contacted and are willing to serve, the option to be heard |
| 162 | by a Career Service Appeal Board is procedurally waived and |
| 163 | ceases to exist. |
| 164 | (d) The Sheriff shall, within this same 7-day period, |
| 165 | deliver to Human Resources the names of his or her two |
| 166 | selections to serve as members of the board. If, within the 7- |
| 167 | day period, the Sheriff fails to submit the names of two |
| 168 | qualified members as outlined in this paragraph and paragraph |
| 169 | (a), the action against the employee is procedurally waived and |
| 170 | ceases to exist. |
| 171 | (e) The four members shall then have 5 calendar days to |
| 172 | select the fifth member from the list of remaining qualified |
| 173 | members. |
| 174 | (f) If an impartial chairperson cannot be agreed upon |
| 175 | within 5 calendar days after the first four members are |
| 176 | selected, a judge from within the Third Circuit of the state |
| 177 | shall, within 5 days, appoint a chairperson who is a full-time |
| 178 | eligible member within the Columbia County Sheriff's Office. |
| 179 | (g) The ranking officer or his or her designee in charge |
| 180 | of personnel matters shall serve as an ex officio member of the |
| 181 | board for the purpose of providing procedural guidance to the |
| 182 | board concerning the application of this act and any rules or |
| 183 | regulations of this act and any rules or regulations adopted by |
| 184 | the Sheriff relating thereto, but such ex officio member shall |
| 185 | have no vote. |
| 186 | (h) The Sheriff may, on his or her own initiative, appoint |
| 187 | a Career Service Appeal Board for the purpose of receiving, |
| 188 | considering, and making a recommendation on matters related to |
| 189 | the formation or streamlining of rules related to this act or to |
| 190 | consider any other matter deemed appropriate by the Sheriff, |
| 191 | excluding disciplinary termination of employment. If the issue |
| 192 | to be under consideration involves a specific member of the |
| 193 | Sheriff's Office and may result in some disciplinary |
| 194 | recommendation by the board, the Sheriff shall notify the |
| 195 | individual and offer the opportunity for the individual to |
| 196 | provide two members to the board to consider the specific |
| 197 | question at issue. If no specific member is involved, the |
| 198 | Sheriff shall appoint two members from the Civil Division and |
| 199 | two members from the Criminal Division, and the Captain of the |
| 200 | Administrative Division shall serve as the chairperson. A board |
| 201 | appointed by initiative may only make recommendations. |
| 202 | (3) HEARING TIME; DATE; COMPENSATION; CONSOLIDATION; |
| 203 | EXCLUSIONS.-- |
| 204 | (a) Standardized dates and times of meetings shall be |
| 205 | established by rule and shall occur during normal administrative |
| 206 | office hours. |
| 207 | (b) Members selected to serve on the board shall serve |
| 208 | without additional compensation for meetings occurring during |
| 209 | their normal work hours. For nonwork hours, compensatory time at |
| 210 | the rate of 150 percent for the actual hours in session shall be |
| 211 | credited to the member. |
| 212 | (c) Once selected to the board, the members thereof shall |
| 213 | serve until final action is taken with respect to the purpose |
| 214 | for which the board was selected, at which time the board shall |
| 215 | be dissolved. |
| 216 | (d) A new Career Service Appeal Board shall be selected |
| 217 | for each separate occurrence; however, multiple parties filing |
| 218 | appeals on the same incident may request to be heard by a single |
| 219 | board. |
| 220 | (e) A person may not serve as a member of an ad hoc Career |
| 221 | Service Appeal Board who: |
| 222 | 1. Was involved in the original incident that resulted in |
| 223 | the disciplinary process that is the subject of the appeal. |
| 224 | 2. Is related to the appellant. |
| 225 | 3. Is currently under investigation or suspension. |
| 226 | 4. Has any ongoing litigation against the Columbia County |
| 227 | Sheriff's Office. |
| 228 | 5. Is on probation or has received sustained discipline |
| 229 | within the past year. |
| 230 | (4) PROCEDURE WITH RESPECT TO AN APPEAL.-- |
| 231 | (a) An appeal of an action specified in section 3 shall be |
| 232 | made to the Sheriff in writing and must be received by the |
| 233 | Sheriff no later than 5 calendar days after the employee is |
| 234 | notified of the action on which the appeal is based. |
| 235 | (b) When a Career Service Appeal Board has been selected |
| 236 | for purposes of hearing the appeal, the Sheriff shall publish |
| 237 | and furnish notice to the appealing person of the date, |
| 238 | location, and time of the hearing before the Career Service |
| 239 | Appeal Board. In any case, the date of the hearing shall be |
| 240 | within 15 calendar days, excluding weekends and holidays, after |
| 241 | notification of the selection of the fifth member. |
| 242 | (c) The date of the hearing may be extended by mutual |
| 243 | agreement of the parties. |
| 244 | (d) During the hearing, the employee filing the appeal |
| 245 | shall have the right to be heard, to be represented by a person |
| 246 | of his or her choice, and to present any relevant evidence on |
| 247 | his or her behalf, and during the hearing the technical rules of |
| 248 | evidence shall not apply. |
| 249 | (e) The board shall, in the conduct of a hearing, have the |
| 250 | power to administer oaths, issue subpoenas, compel the |
| 251 | attendance of witnesses, and require the production of books, |
| 252 | records, accounts, papers, documents, prior statements, |
| 253 | testimony, and investigative files related to the issue that are |
| 254 | in the possession of or have been delivered to Human Resources a |
| 255 | minimum of 5 business days prior to the beginning of the |
| 256 | hearing. In case of disobedience of any person to comply with an |
| 257 | order of the board or a subpoena issued by the board, or upon |
| 258 | the refusal of a witness to testify on any matter regarding |
| 259 | which he may be lawfully interrogated, a County Judge of the |
| 260 | county in which a person resides, upon application of a member |
| 261 | of the board, shall compel obedience by proceeding as for |
| 262 | contempt. Each witness who appears in obedience to a subpoena |
| 263 | before the board shall receive compensation for attendance fees |
| 264 | and mileage as provided for witnesses in civil cases in the |
| 265 | courts of this state. Such payments shall be made by the party |
| 266 | calling the witness, except that with respect to any witnesses |
| 267 | called by the board, payments shall be made by the Sheriff upon |
| 268 | presentation of proper vouchers and approval by three members of |
| 269 | the board. In any case, the board shall restrict its |
| 270 | considerations and deliberations to the evidence presented at |
| 271 | the hearing. |
| 272 | (f) This board is not governed by the Administrative |
| 273 | Procedure Act, as codified in chapter 120, Florida Statutes. |
| 274 | (5) DISPOSITION WITH RESPECT TO A CAREER SERVICE APPEAL.-- |
| 275 | (a) The board shall, by majority vote, dispose of the |
| 276 | appeal for which it was appointed by making a determination of |
| 277 | just cause and issuing a written decision. Such decision shall |
| 278 | be based upon the simple determination of a preponderance of |
| 279 | evidence (51 percent). In the instance of an appeal to the board |
| 280 | concerning a termination, a majority vote of the board shall be |
| 281 | required to overturn the Sheriff's decision to terminate. All |
| 282 | members of the board must be present to conduct any official |
| 283 | business of the board. |
| 284 | (b) If the board does not sustain the action by the |
| 285 | Sheriff, back pay and benefits shall be reinstated. No board |
| 286 | shall have the authority to impose on any employee any penalty |
| 287 | that is different than that which formed the basis of the |
| 288 | appeal. If the board sustains the action of the Sheriff, it may |
| 289 | also make a recommendation to the Sheriff to reconsider |
| 290 | mitigating circumstances and reconsider the termination-of- |
| 291 | employment action. The Sheriff shall review the determination of |
| 292 | the board and consider its recommendation prior to imposition of |
| 293 | final action. |
| 294 | (c) The decision of the board, which is to be arrived at |
| 295 | by paper ballot, shall be forwarded to the Sheriff. |
| 296 | (d) This final decision of the board shall be binding on |
| 297 | the employee and the Sheriff. |
| 298 | (e) The Sheriff shall prepare, or cause to be prepared, an |
| 299 | order and publish the final disposition of the appeal. The final |
| 300 | disposition shall be binding on the employee. |
| 301 | (f) The board hearing and the board's deliberations shall |
| 302 | be open to the public, recorded, and preserved for the public |
| 303 | record. |
| 304 | (g) The chairperson of the board shall have the authority |
| 305 | to receive and consider written prehearing motions that shall be |
| 306 | presented to the full board at the hearing. He or she shall |
| 307 | preside over the hearing, enforce the decorum of the hearing, |
| 308 | receive requests for breaks, convene the deliberations, and |
| 309 | cause the removal of anyone attempting to disrupt any of the |
| 310 | proceedings. |
| 311 | Section 5. Upon enactment.-- |
| 312 | (1) INCLUDED INDIVIDUALS.--All full-time certified and |
| 313 | noncertified persons in the employ of the Columbia County |
| 314 | Sheriff's Office on the effective date of this act who have |
| 315 | served for a period of 1 calendar year or more and successfully |
| 316 | completed their probationary period as of such effective date of |
| 317 | the act shall be career employees subject to the provisions of |
| 318 | this act. All other full-time employees shall become career |
| 319 | employees subject to the provisions of this act upon reaching |
| 320 | their 1-calendar-year service anniversary date and successfully |
| 321 | completing their probationary period. |
| 322 | (2) CIRCUMVENTION.-- |
| 323 | (a) Promotions or demotions of members or creation of rank |
| 324 | to circumvent the intent of this act shall be held as a valid |
| 325 | reason to request the Sheriff to appoint a Career Service |
| 326 | Appeals Board to consider the issue in question. |
| 327 | (b) No certified or noncertified full-time employee of the |
| 328 | Columbia County Sheriff's Office shall be discharged or |
| 329 | discriminated against in regard to his or her employment or |
| 330 | appointment, or threatened with any such treatment, by reason of |
| 331 | his or her exercise of the rights granted by this act. |
| 332 | Section 6. Exclusions.-- |
| 333 | (1) The career status provisions of this act shall not |
| 334 | apply to the Sheriff; to Special Deputy Sheriffs appointed |
| 335 | pursuant to section 30.09(4), Florida Statutes; to members |
| 336 | employed pursuant to a grant whose continued existence or |
| 337 | funding is subject to the expiration or withdrawal of the grant; |
| 338 | to nondisciplinary termination of employment arising out of a |
| 339 | reduction of force, layoff, or partial or total abolition or |
| 340 | cessation of a program, service, operation, or department at the |
| 341 | discretion of the Sheriff; to members of the Sheriff's Reserve |
| 342 | Unit; or to individuals appointed as part-time Deputy Sheriffs, |
| 343 | as defined by the Criminal Justice Standards and Training |
| 344 | Commission, unless any such person is also employed full-time by |
| 345 | the Columbia County Sheriff's Office. |
| 346 | (2) This act shall not apply to an otherwise covered |
| 347 | person who claims that a termination of employment was for |
| 348 | lawful off-duty political activity. Claims of this nature are |
| 349 | already covered under chapter 30, Florida Statutes. |
| 350 | (3) This act shall not apply to an otherwise covered |
| 351 | person who claims that a termination of employment was for |
| 352 | discriminatory purposes. Claims of this nature are already |
| 353 | covered under state and federal statutes. |
| 354 | Section 7. Severability.--The provisions of this act shall |
| 355 | be severable and, if any of the provisions shall be |
| 356 | unconstitutional, the decision of the court shall not affect the |
| 357 | validity of the remaining provisions. It is hereby declared to |
| 358 | be the intent of the Legislature that this act would have been |
| 359 | adopted had such unconstitutional provision not been included |
| 360 | therein. |
| 361 | Section 8. This act shall take effect upon becoming a law. |