| 1 | The Local Government Council recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to Baker County; providing career service |
| 7 | status for certain employees of the Baker County Sheriff's |
| 8 | Office; providing definitions; providing for transition |
| 9 | between administrations; providing for appeals procedures; |
| 10 | providing for career service appeals boards; providing |
| 11 | proceedings and provisions with respect to disciplinary |
| 12 | suspension and dismissal; providing severability; |
| 13 | providing an effective date. |
| 14 |
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| 15 | Be It Enacted by the Legislature of the State of Florida: |
| 16 |
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| 17 | Section 1. Employees and appointees of the Baker County |
| 18 | Sheriff's Office; applicability of act; definitions; career |
| 19 | service status; transitions; administration.-- |
| 20 | (1) APPLICABILITY.--The provisions of this act apply to |
| 21 | all certified and noncertified persons appointed or employed by |
| 22 | the Baker County Sheriff's Office, with the following |
| 23 | exceptions: |
| 24 | (a) Chiefs or, in the event of a title change, the highest |
| 25 | ranked certified law enforcement officers reporting directly to |
| 26 | the sheriff. |
| 27 | (b) Special deputy sheriffs appointed under section |
| 28 | 30.09(4), Florida Statutes. |
| 29 | (c) Members of a sheriff's posse or reserve unit. |
| 30 | (d) Part-time appointees and employees. |
| 31 | (e) Independent contractors, temporary employees, or |
| 32 | contract employees. |
| 33 | (f) Appointees and employees employed pursuant to a grant |
| 34 | whose continued existence or funding is subject to the |
| 35 | expiration or withdrawal of the grant provider. |
| 36 | (2) APPLICATION TO COLLECTIVE BARGAINING.--This act does |
| 37 | not grant the right of collective bargaining to employees of the |
| 38 | sheriff's office who do not otherwise have that right pursuant |
| 39 | to law. |
| 40 | (3) NONDISCIPLINARY DISMISSALS.--This act does not cover |
| 41 | the nondisciplinary dismissal of employees or appointees. Such |
| 42 | nondisciplinary dismissals include those arising from a |
| 43 | reduction in force, layoff, or partial or total abolition or |
| 44 | cessation of a program, service, operation, department, |
| 45 | subdivision, or grant-funded position. |
| 46 | (4) DEFINITIONS.-- |
| 47 | (a) "Appointee" means a person selected by the sheriff to |
| 48 | serve in the position of deputy sheriff or correctional officer |
| 49 | who is certified within the meaning of chapter 943, Florida |
| 50 | Statutes. |
| 51 | (b) "Career appeals board" means the ad hoc board |
| 52 | authorized under this act to hear disciplinary appeals. |
| 53 | (c) "Dismissal" means the discharge or withdrawal of |
| 54 | appointment by the sheriff or his or her designee of a person |
| 55 | employed or appointed to a position with the sheriff's office. |
| 56 | (d) "Employee" means any person employed by the sheriff |
| 57 | for a position which does not require certification under |
| 58 | chapter 943, Florida Statutes. |
| 59 | (e) "Initial probationary period" means 1 year of |
| 60 | conditional employment or appointment commencing on the initial |
| 61 | date of actual work and continuing for 12 months in a regularly |
| 62 | established position. This probationary period may be extended |
| 63 | at the discretion of the sheriff for a period equal to any work |
| 64 | absences during the 12-month period. For the purpose of |
| 65 | determining career service status pursuant to paragraph (5)(a), |
| 66 | all time in the employment of the sheriff's office, while in a |
| 67 | Criminal Justice Standards and Training Commission-approved |
| 68 | academy or other comparable training for certification as a |
| 69 | sworn officer or deputy sheriff, shall not be considered in any |
| 70 | manner in determining whether the employee has attained a |
| 71 | minimum of 1 calendar year of service. |
| 72 | (f) "Reemployment" means the reappointment or reemployment |
| 73 | of a person who was previously an appointee or employee of the |
| 74 | sheriff's office. |
| 75 |
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| 76 | For the purposes of this act, "appointee" and "employee" are |
| 77 | synonymous and any derivative of "employ" refers to the persons |
| 78 | to whom this act applies. |
| 79 | (5) CAREER SERVICE STATUS.-- |
| 80 | (a) After any employee or appointee of the sheriff to whom |
| 81 | the provisions of this act apply has completed the initial or |
| 82 | extended probationary period, such person shall have attained |
| 83 | career service status in the sheriff's office. If such person is |
| 84 | reemployed at a later date, said person shall be required to |
| 85 | again complete the probationary period before being granted the |
| 86 | right of appeal provided in section 2. |
| 87 | (b) The sheriff may dismiss an appointee or employee who |
| 88 | has not completed the initial or extended probationary period at |
| 89 | any time without granting the right of appeal provided in |
| 90 | section 2. |
| 91 | (c) Any person who has attained career service status with |
| 92 | the sheriff's office may only be suspended or dismissed for |
| 93 | cause, provided that, prior to such action, the employee must be |
| 94 | provided with written notice of the proposed action and offered |
| 95 | an opportunity to respond to the reasons for the suspension or |
| 96 | dismissal. If, however, the sheriff perceives a significant |
| 97 | hazard in keeping the employee on the job, or where delay could |
| 98 | result in damage or injury, the employee may be immediately |
| 99 | suspended or dismissed without notice, provided, that the |
| 100 | employee is provided with such notice and reasons within 24 |
| 101 | hours. Cause for suspension or dismissal includes, but is not |
| 102 | limited to, negligence, inefficiency or inability to perform |
| 103 | assigned duties, insubordination, violation of provisions of law |
| 104 | or office rules, conduct unbecoming a public employee, |
| 105 | misconduct, alcohol abuse, prescription drug abuse, or illegal |
| 106 | drug use. Cause for suspension or dismissal also includes, but |
| 107 | is not limited to, adjudication of guilt by a court of competent |
| 108 | jurisdiction, a plea of guilty or of nolo contendere, or a |
| 109 | verdict of guilty when adjudication of guilt is withheld and the |
| 110 | accused is placed on probation with respect to any felony, |
| 111 | misdemeanor, or major traffic infraction charges. |
| 112 | (d) An employee or appointee who has achieved career |
| 113 | service status is entitled to appeal a disciplinary suspension |
| 114 | or dismissal to a career service appeals board. |
| 115 | (6) TRANSITION.--When a newly elected or appointed sheriff |
| 116 | assumes office, all career service status appointees and |
| 117 | employees shall remain employees of the new administration, |
| 118 | unless cause for dismissal exists. |
| 119 | (a) The new sheriff may demote employees holding the rank |
| 120 | of chief and lieutenant one rank below that held on the day |
| 121 | before the new sheriff assumes office. The regular base salaries |
| 122 | of these employees may be adjusted accordingly. |
| 123 | (b) The new sheriff may assign the personnel/budget |
| 124 | director and the sheriff's secretary to the next lowest position |
| 125 | classification within the pay and classification system, and |
| 126 | adjust their regular base salaries accordingly. |
| 127 | (7) ADMINISTRATION.--The sheriff shall have the authority |
| 128 | to adopt such rules and regulations as are necessary for the |
| 129 | implementation and administration of this act; however, nothing |
| 130 | in this act shall be construed as affecting the budget-making |
| 131 | powers of the Board of County Commissioners of Baker County. |
| 132 | Section 2. Career service appeals boards; creation; |
| 133 | membership; duties.-- |
| 134 | (1) FUNCTION OF BOARDS.--Ad hoc career service appeals |
| 135 | boards shall be appointed for the purpose of hearing appeals of |
| 136 | employees having career service status arising from their |
| 137 | disciplinary suspension or dismissal. A career service appeals |
| 138 | board shall be utilized to make a nonbinding recommendation to |
| 139 | the sheriff as to whether the suspension or dismissal was for a |
| 140 | violation of sheriff's office policy, rule, regulation, |
| 141 | procedure, or practice. Any such board may also provide |
| 142 | assistance and advice to the sheriff in matters concerning |
| 143 | disciplinary suspension or dismissal and may take any other |
| 144 | actions authorized by the sheriff. |
| 145 | (2) MEMBERSHIP OF BOARD.--Upon the call of the sheriff or |
| 146 | upon the filing of an appeal, an ad hoc career service appeals |
| 147 | board shall be appointed. The membership of each board shall |
| 148 | consist of five appointees or employees of the sheriff's office. |
| 149 | Two members shall be selected by the employee or appointee |
| 150 | filing the appeal, two members shall be selected by the sheriff, |
| 151 | and the fifth member, who shall serve as the chair of the board, |
| 152 | shall be selected by the other four members. Any employee may |
| 153 | decline to serve as a member of the board. |
| 154 | (a) The hearing shall be conducted during the sheriff's |
| 155 | office administrative office hours; therefore, employees |
| 156 | selected to serve on the board shall serve without additional |
| 157 | compensation. Once selected, the members of the board shall |
| 158 | serve until the board issues its recommendations to the |
| 159 | sheriff's office, and, unless reconvened, the board shall be |
| 160 | dissolved. |
| 161 | (b) The personnel/budget director or his or her designee |
| 162 | shall serve as an ex officio member of the board for the purpose |
| 163 | of providing procedural guidance to the board concerning the |
| 164 | application of this act and any rules or regulations adopted by |
| 165 | the sheriff relating thereto, but such ex officio member shall |
| 166 | have no vote. |
| 167 | (3) PROCEDURE WITH RESPECT TO APPEALS.--An employee or |
| 168 | appointee who has achieved career service status may submit a |
| 169 | written request for a hearing to the sheriff or his or her |
| 170 | designee within 7 calendar days after receiving a notice of |
| 171 | suspension or dismissal which shall be hand-delivered or sent |
| 172 | certified mail, return receipt requested. The appeal must |
| 173 | contain a brief statement of the matters to be considered by the |
| 174 | career service appeals board and the names of the employees |
| 175 | selected to serve on the board. |
| 176 | (a) A career appeals board shall be selected and shall |
| 177 | meet for the purpose of hearing the appeal within 30 calendar |
| 178 | days after receipt of the notice of appeal. However, an |
| 179 | extension of time may be granted by the chair for good cause or |
| 180 | upon agreement of the parties. |
| 181 | (b) The person filing the appeal has the right to a public |
| 182 | hearing; to be represented by a person of his or her choice; to |
| 183 | present relevant evidence; and to cross examine witnesses. |
| 184 | (c) The rules of evidence and civil procedure are not |
| 185 | applicable to hearings conducted under this act. |
| 186 | (d) The board, in conducting such hearings, shall have the |
| 187 | power to issue subpoenas, upon the request of any party or upon |
| 188 | its own motion. |
| 189 | (e) The board shall, by majority vote, dispose of the |
| 190 | appeal for which it was appointed by making findings of fact and |
| 191 | issuing its written recommendations to the sheriff for |
| 192 | consideration. The sheriff shall retain the right of final |
| 193 | determination and no person may be reinstated with or without |
| 194 | back pay or benefits without the concurrence of the sheriff. |
| 195 | Section 3. Severability.--The provisions of this act shall |
| 196 | be severable, and if any provision is held invalid by a court of |
| 197 | competent jurisdiction, the decision of the court shall not |
| 198 | affect the validity of the remaining provisions except to the |
| 199 | extent that an entire section or part of a section may be |
| 200 | inseparably connected in meaning and effect with the section or |
| 201 | part of a section to which such holding directly applies. |
| 202 | Section 4. This act shall take effect upon becoming a law. |