HB 1161

1	A bill to be entitled
2	An act relating to Okeechobee County; providing for career
3	service for employees of the Okeechobee County Sheriff's
4	Office; providing for application of the act, permanent
5	status of employees, suspension or dismissal, transition
6	of career service employees, and administration; providing
7	for a procedure with respect to complaints against
8	employees; providing for ad hoc career service appeal
9	boards and membership and responsibilities thereof;
10	providing for a disciplinary procedure and for appeals;
11	providing for status as permanent employees; prohibiting
12	certain actions to circumvent the act; providing an
13	effective date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1.  Employees of the Okeechobee County Sheriff's
18	Office; applicability of the act; permanent status of employees;
19	administration.--
20	(1)  APPLICABILITY.--The provisions of this act shall apply
21	to all full-time sworn and civilian persons in the employ of the
22	Okeechobee County Sheriff's Office. The provisions of this act
23	do not apply to the sheriff, undersheriff, special deputies
24	appointed pursuant to section 30.09(4), Florida Statutes,
25	members of the sheriff's reserve/auxiliary units, or persons
26	appointed as part-time deputy sheriffs as defined by the
27	Criminal Justice Standards and Training Commission, unless any
28	such person is also employed full time by the Okeechobee County
29	Sheriff's Office. As used in this act, the terms "employee,"
30	"employ," and "employment" refer to all persons, whether
31	employed or appointed, to whom the act applies. It is not,
32	however, the intent of this act to grant the right of collective
33	bargaining to persons in the employ of the Okeechobee County
34	Sheriff's Office who do not otherwise have that right pursuant
35	to law.
36	(2)  PERMANENT STATUS; CAUSE FOR SUSPENSION OR DISMISSAL.--
37	(a)1.  When an employee of the sheriff to whom the
38	provisions of this act apply has served in such employment for a
39	period of 1 calendar year, the employee shall have attained
40	permanent status in the Okeechobee County Sheriff's Office;
41	however, if an employee is placed on disciplinary probation for
42	a period of 6 months or more or is terminated and rehired at a
43	later date, the employee shall be required to complete 1
44	calendar year of service from the date of the disciplinary
45	action or rehire before being granted permanent status. The term
46	"career service employee" as used in this act means an employee
47	who has successfully completed his or her probationary period.
48	2.  Any employee who is required to serve a probationary
49	period attendant to a promotion shall retain permanent status in
50	the Office of the Sheriff but may be returned to his or her
51	prior rank during such probationary period without the right of
52	appeal as provided in section 2. For the purpose of determining
53	career service status as defined in this act, all time in the
54	employment of the Office of the Sheriff while in a Criminal
55	Justice Standards and Training Commission-approved academy or
56	other comparable training for certification as a sworn officer
57	or deputy sheriff shall not be counted or considered in any
58	manner in determining whether the employee has attained 1
59	calendar year of minimum service.
60	(b)  Any employee who has achieved career service status
61	with the Okeechobee County Sheriff's Office may only be
62	suspended or dismissed for cause, provided that, prior to such
63	action, the employee has been furnished written notice of the
64	proposed action and has been offered an opportunity to respond
65	to the reasons for the suspension or dismissal. In extraordinary
66	situations, however, such as when delay could result in damage
67	or injury to property or persons, an employee may be suspended
68	or dismissed immediately and then be provided notice thereof and
69	reasons therefor within 24 hours or as soon as is practicable if
70	circumstances surrounding such extraordinary situation make
71	notice within 24 hours impracticable. "Cause for suspension or
72	dismissal" includes, but is not limited to, negligence,
73	inefficiency or inability to perform assigned duties,
74	insubordination, violation of provisions of law or office rules,
75	conduct unbecoming a public employee, misconduct, alcohol abuse,
76	prescription drug abuse, or illegal drug use. "Cause for
77	suspension or dismissal" also includes, but is not limited to,
78	adjudication of guilt by a court of competent jurisdiction, a
79	plea of guilty or of nolo contendere, or a verdict of guilty
80	when adjudication of guilt is withheld and the accused is placed
81	on probation with respect to any felony, misdemeanor, or major
82	traffic infraction charges.
83	(3)  TRANSITION OF CAREER SERVICE EMPLOYEES.--When a newly
84	elected or appointed sheriff assumes office, the new sheriff
85	shall continue the employment of all currently employed career
86	service personnel unless cause for dismissal, as provided in
87	this section, exists. The sheriff shall have the right to
88	replace persons serving in the rank of captain or above,
89	including the executive secretary, with new personnel of the
90	sheriff's choosing. The sheriff shall have the right to offer
91	these persons any position that the sheriff chooses or to cease
92	their employment with the department. The current employees
93	holding the rank of lieutenant who are career service employees
94	may be reduced to the next lowest rank at the current maximum
95	pay step, which rank shall be permanent unless later reduced by
96	disciplinary demotion or increased through subsequent promotion.
97	Their regular base salaries may be reduced or increased
98	accordingly. Actions taken pursuant to this subsection affecting
99	the undersheriff, colonels, majors, directors, or their
100	executive staff equivalents shall not be appealable under this
101	act. Dismissals or demotions pursuant to across-the-board
102	actions directed by the Okeechobee County Board of
103	Commissioners, resulting from county fiscal impacts, shall not
104	be appealable under the provisions of section 2.
105	(4)  ADMINISTRATION.--The sheriff shall have full authority
106	to adopt such rules, regulations, and procedures necessary for
107	the administration and implementation of this act. However,
108	nothing in this act shall be construed as affecting the budget-
109	making powers of the Okeechobee County Board of Commissioners.
110	Section 2.  Career service appeal boards; creation;
111	membership; duties.--
112	(1)  FUNCTION OF BOARDS.--Ad hoc career service appeal
113	boards shall be appointed as provided in this section for the
114	purpose of hearing appeals of career service employees arising
115	from personnel actions brought under the rules, regulations, or
116	policies of the Office of the Sheriff which result in dismissal,
117	suspension, demotion, or reduction in pay. Lateral transfers,
118	shift changes, oral or written reprimands, and suspensions of 3
119	working days or fewer shall not be appealable to a career
120	service appeal board. However, no more than one such suspension
121	may occur within 1 calendar year without the right to appeal.
122	The scope of a career service appeal board is limited to
123	disciplinary proceedings and termination actions. A career
124	service appeal board shall have the authority to conduct
125	hearings and make findings of fact and recommendations to the
126	sheriff. The sheriff shall not be bound by the findings or
127	recommendations of such boards but shall consider them in making
128	his or her final decision.
129	(2)  MEMBERSHIP AND RESPONSIBILITY OF CAREER SERVICE APPEAL
130	BOARD.--
131	(a)  A career service appeal board shall consist of three
132	members of the Office of the Sheriff. The sheriff shall select
133	one member; the employee requesting the hearing shall select one
134	member; and these two members shall select the third member, who
135	must hold the rank of lieutenant or above, to serve as
136	chairperson. Each selected member shall have the right to
137	decline to serve.
138	(b)  All members of the career service appeal board shall
139	be selected on the basis of fairness, objectivity, and
140	impartiality. The board shall have no investigative powers and
141	shall function in the capacity of a fact finder in an effort to
142	arrive at a fair and equitable recommendation in all matters
143	brought before it. Selected members shall have no involvement
144	with the issues under consideration. Membership of the board is
145	voluntary and is without remuneration. Members may not discuss
146	matters to be heard before the board until the board convenes
147	and then they may only discuss such matters during the
148	officially convened sessions of the board.
149	(c)  The career service appeal board chairperson shall have
150	the responsibility to:
151	1.  Chair all meetings using parliamentary rules of order.
152	2.  Request that the employee provide the names of any
153	witnesses.
154	3.  Schedule and provide written notification of all
155	meetings to the witnesses, board members, and the employee.
156	4.  Provide copies of all charges to board members.
157	5.  Ensure compliance with hearing procedures.
158	(3)  PROCEDURE WITH RESPECT TO HEARINGS.--
159	(a)  Any career service employee may request a hearing
160	before a career service appeal board for any appealable
161	disciplinary action of his or her superiors that adversely
162	affects his or her employment.
163	(b)  A request for a hearing shall be made in writing to
164	the employee's immediate supervisor within 10 working days after
165	notice of appealable disciplinary action. The request shall
166	contain a brief statement of the matters to be considered by the
167	board and the name of the employee selected to be a member of
168	the board.
169	(c)  The immediate supervisor shall forward the hearing
170	request to the sheriff and the appropriate division commander
171	without delay. A career service appeal board shall be impaneled
172	and a hearing date scheduled by the sheriff within 10 working
173	days after receipt of the request for a hearing unless waived in
174	writing by the employee.
175	(d)  The employee and his or her representative have the
176	right to be present and to present any relevant evidence on the
177	employee's behalf. During such hearings, the technical rules of
178	evidence shall not apply. Neither the employee nor his or her
179	representative may disrupt the proceedings. The qualification of
180	disruptive conduct shall be at the exclusive determination of
181	the chairperson of the career service appeal board.
182	(e)  The employee shall not discuss the circumstances of
183	the matter being brought before the board except through the
184	chairperson.
185	(f)  All witnesses shall be notified in writing by the
186	chairperson of the board, through the appropriate chain of
187	command, of the date and time of the convening of the career
188	service appeal board. Nonemployee witnesses may be called to
189	appear before the board only at the request of the board.
190	(g)  The board shall have the power to issue subpoenas upon
191	request of any party or upon its own motion.
192	(4)  CONDUCT OF HEARING.--
193	(a)  Career service appeal boards are designed to determine
194	the truth while maintaining an atmosphere of fundamental
195	fairness and shall not be controlled by civil or criminal rules
196	of procedure.
197	(b)  Board members may receive verbal or written testimony
198	concerning any matter considered relevant by the board. The
199	board may review any record, including, but not limited to,
200	performance evaluations and disciplinary files.
201	(c)  Employees and their representatives shall have
202	opportunity to present evidence, conduct cross-examination, and
203	submit rebuttal evidence.
204	(5)  FINDINGS AND RECOMMENDATIONS OF THE CAREER SERVICE
205	APPEAL BOARD.--
206	(a)  Each complaint shall receive a separate finding and
207	recommendation by a majority of the board. Each finding shall
208	consider the seriousness of the complaint, any extenuating
209	circumstances, the tenure of the employee, and the employee's
210	past conduct record. The board shall submit to the sheriff its
211	written findings of fact and recommendations within 5 days after
212	the hearing.
213	(b)  The board may place before the sheriff any recommended
214	disposition that the board believes may be of benefit to the
215	Office of the Sheriff, including, but not limited to, oral or
216	verbal reprimand, suspension, reduction of rank, termination of
217	employment, sustention or reversal of the original decision, or
218	recommendation of a more severe disposition.
219	(c)  The sheriff shall review the findings and
220	recommendations of the career service appeal board and may
221	either approve or disapprove them. The sheriff has the sole
222	discretion to overrule the findings of the board.
223	(d)  The sheriff shall notify the employee of the final
224	results of the career service appeal board and the reasons
225	therefor.
226	(e)  In the event the employee is exonerated, the employee
227	shall be reinstated without prejudice or penalty.
228	(f)  When summary discipline is imposed by any supervisor,
229	the sheriff may order a career service appeal board to convene
230	and review the action of the supervisor.
231	(g)  All proceedings of the board shall be retained by the
232	Human Resources Department of the Office of the Sheriff.
233	(h)  All associated reports, paperwork, and personnel
234	action taken as a result of the appeal shall be retained by the
235	Human Resources Department of the Office of the Sheriff.
236	Section 3.  (1)  All sworn and civilian persons in the
237	employ of the Okeechobee County Sheriff's Office on the
238	effective date of this act who have served for a period of 1
239	calendar year or more as of such date shall be permanent
240	employees subject to the provisions of this act. All other
241	employees shall become permanent employees subject to the
242	provisions of this act upon reaching their 1-calendar-year
243	service anniversary date.
244	(2)  No sworn or civilian employee of the Okeechobee County
245	Sheriff's Office shall be discharged; disciplined; demoted;
246	denied promotion, transfer, or reassignment; or otherwise
247	discriminated against in regard to his or her employment or
248	appointment, or be threatened with any such treatment, by reason
249	of his or her exercise of the rights granted by this act.
250	Section 4.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.