Senate Bill sb2762

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    Florida Senate - 2006        (NP)                      SB 2762

    By Senator Dockery





    15-1638-06                                          See HB 757

  1                      A bill to be entitled

  2         An act relating to Polk County; amending

  3         chapter 88-443, Laws of Florida, as amended;

  4         excluding certain positions from the classified

  5         service of the Sheriff's Office of Polk County;

  6         removing legislative intent; revising names of

  7         units and titles of persons in the Sheriff's

  8         Office; revising terminology; revising the

  9         effective date of appointments to the personnel

10         board; reducing the term of the chairperson of

11         the board; specifying the office and

12         departments from which members are elected to

13         the Members Nominating Committee; revising the

14         effective date of the initial probationary

15         period; providing an effective date.

16  

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

18  

19         Section 1.  Chapter 88-443, Laws of Florida, as amended

20  by chapter 98-516, Laws of Florida, is amended to read:

21         Section 1.  The terms of this act shall apply to the

22  classified service of the Polk County Sheriff's Office, which

23  shall include all certified deputy sheriffs, certified

24  detention deputies, and noncertified support staff of the Polk

25  County Sheriff's Office. The provisions of this act shall not

26  include the sheriff or chief of staff, chief of detention,

27  chief of law enforcement, chief of criminal investigations,

28  executive director of the Office of Business Affairs under

29  sheriff, colonels, directors, legal advisors, personnel

30  holding the rank of major or above or equivalent noncertified

31  support positions, contract personnel, nonsalaried personnel,

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    Florida Senate - 2006        (NP)                      SB 2762
    15-1638-06                                          See HB 757




 1  any special deputy sheriff appointed pursuant to s.

 2  30.09(4)(b), Florida Statutes, members of the Mounted

 3  Enforcement Unit, or Auxiliary or Reserve Unit, or any person

 4  appointed as a part-time employee. It is the intent of this

 5  act to authorize an advisory personnel system, to maintain the

 6  full powers of the Sheriff, and to continue to respect the

 7  legal limitations on the right of collective bargaining and

 8  other rights under part II of chapter 447, Florida Statues,

 9  and not to grant such rights to any deputy, member, or

10  employee of the Polk County Sheriff's Office who, prior to the

11  effective date of this act, did not otherwise have such rights

12  pursuant to law.

13         Section 2.  The Sheriff of Polk County is herby

14  authorized to appoint a personnel board, hereafter referred to

15  as the "board," to act as an advisory agency of and to the

16  Sheriff, which board shall be composed of five members to be

17  appointed as follows:

18         (1)  Two members of the board shall be selected and

19  appointed by the Sheriff.

20         (2)  Two members of the board shall be appointed by the

21  Sheriff after being elected in an election among members of

22  the classified service from a group of three nominations

23  chosen by a majority vote of a three-person committee known as

24  the Members Nominating Committee representing the classified

25  members of the Sheriff's Office as described in section 9.

26  Each of three candidates nominated by the Members Nominating

27  Committee shall possess qualifications for board membership as

28  outlined in subsections (5) and (6).

29         (3)  The fifth member shall be selected by the four

30  appointed members of the board and shall be appointed by the

31  Sheriff.

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    Florida Senate - 2006        (NP)                      SB 2762
    15-1638-06                                          See HB 757




 1         (4)  All members shall be appointed by the Sheriff and

 2  shall also possess the qualifications for board membership

 3  outlined in subsections (5) and (6).

 4         (5)  No member appointed pursuant to subsection (1),

 5  subsection (2), or subsection (3), or that member's his or her

 6  alternate, may be:

 7         (a)  A member An employee of the Sheriff's Office or of

 8  any city or county of this state or of the State of Florida or

 9  the United States; or

10         (b)  A member of any national, state, or county

11  committee of a political party; or

12         (c)  A candidate for, or incumbent of, any paid public

13  office; or

14         (d)  The spouse, parent or grandparent, child or

15  grandchild, brother or sister, aunt or uncle, niece or nephew,

16  by consanguinity or affinity, of a member of the classified

17  service; or

18         (e)  Situated so as to have a conflict of interest in

19  the terms of the member's or alternate's his or her related

20  business, duties, or responsibilities in connection with the

21  board.

22         (6)  All the members of the personnel board shall be at

23  least 21 years of age; of good moral character; of good

24  reputation in the community; citizens of the United States;

25  permanent residents of Florida; and residents of Polk County

26  for at least 2 years prior to the date of appointment.

27         (7)  Two alternates to the board shall be appointed by

28  the Sheriff. In the event that a vacancy occurs in that a

29  board member terminates or that a matter before the board

30  involves a conflict of interest, the alternate member shall

31  serve for the hearing or term of office as the case may be.

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    Florida Senate - 2006        (NP)                      SB 2762
    15-1638-06                                          See HB 757




 1         (8)  The ranking officer in charge of the Human

 2  Resources Division Section shall be designated as the Human

 3  Resources Director Administrator and shall serve as secretary

 4  to the board and as an ex officio member of the board but

 5  shall have no vote.

 6         Section 3.  To ensure continuity, board members shall

 7  be appointed by the Sheriff to 2-year terms on an alternating

 8  schedule effective the second Tuesday of February January. Two

 9  members shall be appointed during even numbered years, and

10  three members shall be appointed during odd numbered years.

11  Nothing contained herein shall prohibit board members from

12  being reappointed by the Sheriff for additional terms.

13         Section 4.  Members of the board shall receive no

14  salary, but each shall be paid a monthly allowance, the amount

15  to be determined by the Sheriff, for expenses incurred in

16  performing the duties of the board.

17         Section 5.  The board shall elect one member to serve

18  as chairperson the chair for a 1-year period 2-year period.

19  The chairperson chair shall perform such duties as are

20  provided for by the board's rules.

21         Section 6.  The Sheriff shall make available to the

22  board a table of organization and a list of all employees and

23  members, positions, and classes and the pay scale of each

24  position and class in the Sheriff's Office.

25         Section 7.  The board shall have the following powers

26  and duties:

27         (1)  To adopt and amend rules and regulations for its

28  hearing procedures subject to approval by the Sheriff.

29         (2)  To hear appeals and complaints in matters provided

30  for in this act and to make recommendations to the Sheriff

31  

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    Florida Senate - 2006        (NP)                      SB 2762
    15-1638-06                                          See HB 757




 1  regarding the same. Three members shall constitute a quorum

 2  for hearing an appeal and rendering a decision.

 3         Section 8.  The Sheriff shall have the authority to

 4  adopt such rules and regulations as are necessary for the

 5  implementation and administration of this act.

 6         Section 9.  There shall be a three-person Members

 7  Nominating Committee which shall nominate candidates for

 8  appointment to the board. All members of the committee shall

 9  be members of the classified service. One member shall be

10  elected from the Office of Business Affairs, the Department of

11  Law Enforcement, and the Department of Detention each

12  department by secret vote of all members of the classified

13  service within each respective office or department. Members

14  of the committee shall serve a 2-year term of office beginning

15  July 1.

16         Section 10.  The Sheriff or the Sheriff's designee may

17  create new positions within the Sheriff's Office or combine,

18  alter, or abolish existing positions in such manner as the

19  Sheriff deems necessary.

20         Section 11.  The Human Resources Director Administrator

21  shall give public notice of vacancies and of open competitive

22  examinations for positions in the classified service. The

23  Human Resources Director Administrator in the Sheriff's Office

24  shall establish and maintain such eligibility lists for the

25  various job classes as are deemed necessary to meet the needs

26  of the Sheriff's Office.

27         Section 12.  (1)  Whenever a vacancy occurs in any

28  position in the classified service, the Sheriff or the

29  Sheriff's designee shall make requisition to the Human

30  Resources Director Administrator for the names and addresses

31  of all persons eligible for appointment thereto. In the event

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    Florida Senate - 2006        (NP)                      SB 2762
    15-1638-06                                          See HB 757




 1  that a candidate acceptable to the Sheriff or the Sheriff's

 2  designee is recommended, the Sheriff or the Sheriff's designee

 3  thereupon shall appoint this person to the position where the

 4  vacancy exists. The Sheriff or the Sheriff's designee shall

 5  immediately inform the Human Resources Director Administrator

 6  of such his action.

 7         (1)(2)  In the absence of an eligibility list, the

 8  Sheriff or the Sheriff's designee may, if either he or she

 9  determines that the necessity of adequate law enforcement or

10  operational efficiency so requires, appoint a person without

11  reference to an eligibility list to fill a vacant position on

12  a provisional basis. The Sheriff or the Sheriff's designee

13  shall immediately inform the Human Resources Director

14  Administrator of such his action. Such provisional appointee

15  shall be a person who lawfully could be appointed within the

16  personnel system had the appointee he or she been an

17  applicant. Such provisional appointee shall acquire no rights

18  under the system by virtue of said appointment and said

19  appointment shall terminate immediately when an eligible

20  person from an eligibility list is certified to and accepted

21  by the Sheriff, or within 6 months from the date of the

22  appointment, or 45 days after the establishment of an

23  eligibility list, whichever is the shorter length of time.

24  Acceptance or refusal or a provisional appointment shall not

25  prejudice or in any way affect the standing of a person who is

26  an applicant or who shall become an applicant for an

27  established position.

28         (2)(3)  In the event of an emergency, the Sheriff or

29  the Sheriff's designee may appoint a person to fill a position

30  not to exceed 3 calendar months during any 12-month period.

31  

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    Florida Senate - 2006        (NP)                      SB 2762
    15-1638-06                                          See HB 757




 1         Section 13.  No employee shall become a member of

 2  appointment to any position in the classified service shall be

 3  deemed complete until the expiration of a period of at least

 4  1-year probationary service. During the initial probationary

 5  period, the Sheriff or the Sheriff's designee may terminate or

 6  otherwise discipline the employee appointee and the employee

 7  appointee shall not be eligible for a hearing before the

 8  board. The initial probationary period Appointments may be

 9  regarded as taking effect upon the date the employee

10  successfully completes all entry-level training person

11  appointed reports for duty.

12         Section 14.  Whenever a position in the classified

13  service is filled by promotion, the employee person may be

14  returned to duty in a position at the level formerly held by

15  him or her in the classified service without a hearing during

16  the employee's his or her promotion probationary period. The

17  member may have the opportunity for a hearing if dismissed

18  from the service or suspended for greater than 40 hours if the

19  member he or she has completed an initial 1-year probationary

20  period.

21         Section 15.  It is not the intent of this act to modify

22  the Sheriff's absolute control over the selection and

23  retention of the Sheriff's deputies and of other members of

24  the Sheriff's Office as provided for by the law. No dismissal,

25  demotion, suspension, or reduction in pay shall be taken

26  against any nonprobationary member of the classified service

27  unless notice of the action and the reason therefor is given

28  to the member verbally or in writing prior to the action

29  taking effect. An opportunity to respond orally and in writing

30  to the Sheriff or the Sheriff's designee representative in the

31  decisionmaking process may be granted prior to the effective

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    Florida Senate - 2006        (NP)                      SB 2762
    15-1638-06                                          See HB 757




 1  date of the action. Following issuance of the written notice

 2  of disciplinary action, the affected member of the classified

 3  service may seek a formal hearing for a review of dismissal,

 4  demotion, suspension of greater than 40 hours, or reduction in

 5  pay, provided that the member, as a condition to seeking a

 6  hearing, shall, upon receipt of the written notice, answer the

 7  same in writing and file the answer and a request with the

 8  Sheriff within 7 calendar days after the issuance of the

 9  notice. If a dismissal, demotion, suspension of greater than

10  40 hours, or reduction in pay is answered and a hearing is

11  requested in writing within 7 calendar days, the member of the

12  classified service may have an opportunity for a hearing

13  before the board with all the rights and privileges afforded

14  under section 16. In the case of a notice of dismissal, the

15  member shall remain dismissed without pay pending the hearing

16  and the final decision of the Sheriff. In the case of a notice

17  of a demotion, suspension of greater than 40 hours, or

18  reduction in pay, the disciplinary action shall not be delayed

19  pending the review process. The board shall report in writing

20  its findings and recommendations to the Sheriff along with any

21  mitigating circumstances noted for review and consideration by

22  the Sheriff. The Sheriff shall retain the right of final

23  determination. No member of the classified service may be

24  reinstated, with or without backpay or benefits, without the

25  concurrence of the Sheriff. For disciplinary purposes, the

26  Sheriff or the Sheriff's designee may reprimand, orally or in

27  writing, or summarily suspend a member of the classified

28  service for a period not exceeding 40 hours, and such action

29  shall not be subject to review and recommendation of the

30  board.

31  

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    Florida Senate - 2006        (NP)                      SB 2762
    15-1638-06                                          See HB 757




 1         Section 16.  The practice and procedure of the board

 2  with respect to any hearing by the board authorized by this

 3  act shall be in accordance with the rules and regulations to

 4  be established by the board. Such rules shall provide for a

 5  reasonable notice of hearing to all persons affected by a

 6  recommendation to be made by the board, with the opportunity

 7  to be heard in their his or her behalf at a hearing to be held

 8  for that purpose and to examine and cross-examine witnesses.

 9         (1)  The board, when conducting any hearings authorized

10  by this act, shall have the power to administer oaths and

11  issue subpoenas to compel the attendance of witnesses and the

12  production of books, accounts, papers, records, documents, and

13  testimony. In the case of the disobedience or failure of any

14  person to comply with a subpoena issued by the board or any of

15  its members, or on the refusal of a witness to testify on any

16  matter on which the witness he or she may be lawfully

17  interrogated, the judge of the circuit court of the county, on

18  application of the board, shall compel the obedience by

19  proceedings as for contempt. The service of a subpoena shall

20  be made in the manner provided by the Florida Rules of Civil

21  Procedure. Each witness subpoenaed by the board shall receive

22  for the witness's his or her attendance, fees and mileage in

23  the amount as provided for witnesses in civil cases, if

24  requested.

25         (2)  The board shall meet for the purpose of hearing

26  the appeal promptly and no later than 30 days after receipt of

27  the answer and request for hearing, unless good cause exists

28  for, or the affected member agrees to, a postponement.

29         (3)  The actions of the board and the Sheriff shall be

30  exempt from the provisions of chapter 120, Florida Statutes.

31  

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    Florida Senate - 2006        (NP)                      SB 2762
    15-1638-06                                          See HB 757




 1         Section 17.  When a newly elected or appointed Sheriff

 2  assumes office, the service of all personnel shall continue

 3  without the necessity of formal reappointment. Notwithstanding

 4  any other provisions of this act, the incoming Sheriff shall

 5  have the option of maintaining the current personnel assigned

 6  to the rank of major and above or equivalent noncertified

 7  support positions or transferring those personnel as described

 8  below. If the incoming Sheriff fills any of the above

 9  positions with a new person and the current occupant of the

10  above position is a certified law enforcement deputy officer

11  or detention deputy, he or she shall be reduced to the rank of

12  captain if certified, or to the equivalent noncertified

13  support position if not certified immediately. The member's

14  salary shall be reduced in compliance with the salary policy

15  in effect at that time, but shall be no less than the salary

16  the member would have attained had the member remained in the

17  highest classification accorded appeal rights under this act.

18  Following the election or appointment of a Sheriff,

19  appointments of all personnel remain at the pleasure of the

20  Sheriff, and personnel in the classified service may be

21  terminated by affirmative action of the Sheriff or the

22  Sheriff's successor in office subject to the provisions of

23  this act.

24         Section 18.  If any provision of this act or the

25  application thereof to any person or circumstance is held

26  invalid, it is the legislative intent that the invalidity

27  shall not affect other provisions or applications of the act

28  which can be given effect without the invalid provision or

29  application, and to this end provisions of this act are

30  declared severable.

31  

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    Florida Senate - 2006        (NP)                      SB 2762
    15-1638-06                                          See HB 757




 1         Section 19.  This act shall not be held or construed to

 2  create any property rights or any vested interest in any

 3  position in the classified service and the right is hereby

 4  reserved to repeal, alter, or amend this act or any provision

 5  thereof at any time.

 6         Section 2.  This act shall take effect upon becoming a

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