HB 757

1
A bill to be entitled
2An act relating to Polk County; amending chapter 88-443,
3Laws of Florida, as amended; excluding certain positions
4from the classified service of the Sheriff's Office of
5Polk County; removing legislative intent; revising names
6of units and titles of persons in the Sheriff's Office;
7revising terminology; revising the effective date of
8appointments to the personnel board; reducing the term of
9the chairperson of the board; specifying the office and
10departments from which members are elected to the Members
11Nominating Committee; revising the effective date of the
12initial probationary period; providing an effective date.
13
14Be It Enacted by the Legislature of the State of Florida:
15
16     Section 1.  Chapter 88-443, Laws of Florida, as amended by
17chapter 98-516, Laws of Florida, is amended to read:
18     Section 1.  The terms of this act shall apply to the
19classified service of the Polk County Sheriff's Office, which
20shall include all certified deputy sheriffs, certified detention
21deputies, and noncertified support staff of the Polk County
22Sheriff's Office. The provisions of this act shall not include
23the sheriff or chief of staff, chief of detention, chief of law
24enforcement, chief of criminal investigations, executive
25director of the Office of Business Affairs under sheriff,
26colonels, directors, legal advisors, personnel holding the rank
27of major or above or equivalent noncertified support positions,
28contract personnel, nonsalaried personnel, any special deputy
29sheriff appointed pursuant to s. 30.09(4)(b), Florida Statutes,
30members of the Mounted Enforcement Unit, or Auxiliary or Reserve
31Unit, or any person appointed as a part-time employee. It is the
32intent of this act to authorize an advisory personnel system, to
33maintain the full powers of the Sheriff, and to continue to
34respect the legal limitations on the right of collective
35bargaining and other rights under part II of chapter 447,
36Florida Statues, and not to grant such rights to any deputy,
37member, or employee of the Polk County Sheriff's Office who,
38prior to the effective date of this act, did not otherwise have
39such rights pursuant to law.
40     Section 2.  The Sheriff of Polk County is herby authorized
41to appoint a personnel board, hereafter referred to as the
42"board," to act as an advisory agency of and to the Sheriff,
43which board shall be composed of five members to be appointed as
44follows:
45     (1)  Two members of the board shall be selected and
46appointed by the Sheriff.
47     (2)  Two members of the board shall be appointed by the
48Sheriff after being elected in an election among members of the
49classified service from a group of three nominations chosen by a
50majority vote of a three-person committee known as the Members
51Nominating Committee representing the classified members of the
52Sheriff's Office as described in section 9. Each of three
53candidates nominated by the Members Nominating Committee shall
54possess qualifications for board membership as outlined in
55subsections (5) and (6).
56     (3)  The fifth member shall be selected by the four
57appointed members of the board and shall be appointed by the
58Sheriff.
59     (4)  All members shall be appointed by the Sheriff and
60shall also possess the qualifications for board membership
61outlined in subsections (5) and (6).
62     (5)  No member appointed pursuant to subsection (1),
63subsection (2), or subsection (3), or that member's his or her
64alternate, may be:
65     (a)  A member An employee of the Sheriff's Office or of any
66city or county of this state or of the State of Florida or the
67United States; or
68     (b)  A member of any national, state, or county committee
69of a political party; or
70     (c)  A candidate for, or incumbent of, any paid public
71office; or
72     (d)  The spouse, parent or grandparent, child or
73grandchild, brother or sister, aunt or uncle, niece or nephew,
74by consanguinity or affinity, of a member of the classified
75service; or
76     (e)  Situated so as to have a conflict of interest in the
77terms of the member's or alternate's his or her related
78business, duties, or responsibilities in connection with the
79board.
80     (6)  All the members of the personnel board shall be at
81least 21 years of age; of good moral character; of good
82reputation in the community; citizens of the United States;
83permanent residents of Florida; and residents of Polk County for
84at least 2 years prior to the date of appointment.
85     (7)  Two alternates to the board shall be appointed by the
86Sheriff. In the event that a vacancy occurs in that a board
87member terminates or that a matter before the board involves a
88conflict of interest, the alternate member shall serve for the
89hearing or term of office as the case may be.
90     (8)  The ranking officer in charge of the Human Resources
91Division Section shall be designated as the Human Resources
92Director Administrator and shall serve as secretary to the board
93and as an ex officio member of the board but shall have no vote.
94     Section 3.  To ensure continuity, board members shall be
95appointed by the Sheriff to 2-year terms on an alternating
96schedule effective the second Tuesday of February January. Two
97members shall be appointed during even numbered years, and three
98members shall be appointed during odd numbered years. Nothing
99contained herein shall prohibit board members from being
100reappointed by the Sheriff for additional terms.
101     Section 4.  Members of the board shall receive no salary,
102but each shall be paid a monthly allowance, the amount to be
103determined by the Sheriff, for expenses incurred in performing
104the duties of the board.
105     Section 5.  The board shall elect one member to serve as
106chairperson the chair for a 1-year period 2-year period. The
107chairperson chair shall perform such duties as are provided for
108by the board's rules.
109     Section 6.  The Sheriff shall make available to the board a
110table of organization and a list of all employees and members,
111positions, and classes and the pay scale of each position and
112class in the Sheriff's Office.
113     Section 7.  The board shall have the following powers and
114duties:
115     (1)  To adopt and amend rules and regulations for its
116hearing procedures subject to approval by the Sheriff.
117     (2)  To hear appeals and complaints in matters provided for
118in this act and to make recommendations to the Sheriff regarding
119the same. Three members shall constitute a quorum for hearing an
120appeal and rendering a decision.
121     Section 8.  The Sheriff shall have the authority to adopt
122such rules and regulations as are necessary for the
123implementation and administration of this act.
124     Section 9.  There shall be a three-person Members
125Nominating Committee which shall nominate candidates for
126appointment to the board. All members of the committee shall be
127members of the classified service. One member shall be elected
128from the Office of Business Affairs, the Department of Law
129Enforcement, and the Department of Detention each department by
130secret vote of all members of the classified service within each
131respective office or department. Members of the committee shall
132serve a 2-year term of office beginning July 1.
133     Section 10.  The Sheriff or the Sheriff's designee may
134create new positions within the Sheriff's Office or combine,
135alter, or abolish existing positions in such manner as the
136Sheriff deems necessary.
137     Section 11.  The Human Resources Director Administrator
138shall give public notice of vacancies and of open competitive
139examinations for positions in the classified service. The Human
140Resources Director Administrator in the Sheriff's Office shall
141establish and maintain such eligibility lists for the various
142job classes as are deemed necessary to meet the needs of the
143Sheriff's Office.
144     Section 12.  (1)  Whenever a vacancy occurs in any position
145in the classified service, the Sheriff or the Sheriff's designee
146shall make requisition to the Human Resources Director
147Administrator for the names and addresses of all persons
148eligible for appointment thereto. In the event that a candidate
149acceptable to the Sheriff or the Sheriff's designee is
150recommended, the Sheriff or the Sheriff's designee thereupon
151shall appoint this person to the position where the vacancy
152exists. The Sheriff or the Sheriff's designee shall immediately
153inform the Human Resources Director Administrator of such his
154action.
155     (1)(2)  In the absence of an eligibility list, the Sheriff
156or the Sheriff's designee may, if either he or she determines
157that the necessity of adequate law enforcement or operational
158efficiency so requires, appoint a person without reference to an
159eligibility list to fill a vacant position on a provisional
160basis. The Sheriff or the Sheriff's designee shall immediately
161inform the Human Resources Director Administrator of such his
162action. Such provisional appointee shall be a person who
163lawfully could be appointed within the personnel system had the
164appointee he or she been an applicant. Such provisional
165appointee shall acquire no rights under the system by virtue of
166said appointment and said appointment shall terminate
167immediately when an eligible person from an eligibility list is
168certified to and accepted by the Sheriff, or within 6 months
169from the date of the appointment, or 45 days after the
170establishment of an eligibility list, whichever is the shorter
171length of time. Acceptance or refusal or a provisional
172appointment shall not prejudice or in any way affect the
173standing of a person who is an applicant or who shall become an
174applicant for an established position.
175     (2)(3)  In the event of an emergency, the Sheriff or the
176Sheriff's designee may appoint a person to fill a position not
177to exceed 3 calendar months during any 12-month period.
178     Section 13.  No employee shall become a member of
179appointment to any position in the classified service shall be
180deemed complete until the expiration of a period of at least 1-
181year probationary service. During the initial probationary
182period, the Sheriff or the Sheriff's designee may terminate or
183otherwise discipline the employee appointee and the employee
184appointee shall not be eligible for a hearing before the board.
185The initial probationary period Appointments may be regarded as
186taking effect upon the date the employee successfully completes
187all entry-level training person appointed reports for duty.
188     Section 14.  Whenever a position in the classified service
189is filled by promotion, the employee person may be returned to
190duty in a position at the level formerly held by him or her in
191the classified service without a hearing during the employee's
192his or her promotion probationary period. The member may have
193the opportunity for a hearing if dismissed from the service or
194suspended for greater than 40 hours if the member he or she has
195completed an initial 1-year probationary period.
196     Section 15.  It is not the intent of this act to modify the
197Sheriff's absolute control over the selection and retention of
198the Sheriff's deputies and of other members of the Sheriff's
199Office as provided for by the law. No dismissal, demotion,
200suspension, or reduction in pay shall be taken against any
201nonprobationary member of the classified service unless notice
202of the action and the reason therefor is given to the member
203verbally or in writing prior to the action taking effect. An
204opportunity to respond orally and in writing to the Sheriff or
205the Sheriff's designee representative in the decisionmaking
206process may be granted prior to the effective date of the
207action. Following issuance of the written notice of disciplinary
208action, the affected member of the classified service may seek a
209formal hearing for a review of dismissal, demotion, suspension
210of greater than 40 hours, or reduction in pay, provided that the
211member, as a condition to seeking a hearing, shall, upon receipt
212of the written notice, answer the same in writing and file the
213answer and a request with the Sheriff within 7 calendar days
214after the issuance of the notice. If a dismissal, demotion,
215suspension of greater than 40 hours, or reduction in pay is
216answered and a hearing is requested in writing within 7 calendar
217days, the member of the classified service may have an
218opportunity for a hearing before the board with all the rights
219and privileges afforded under section 16. In the case of a
220notice of dismissal, the member shall remain dismissed without
221pay pending the hearing and the final decision of the Sheriff.
222In the case of a notice of a demotion, suspension of greater
223than 40 hours, or reduction in pay, the disciplinary action
224shall not be delayed pending the review process. The board shall
225report in writing its findings and recommendations to the
226Sheriff along with any mitigating circumstances noted for review
227and consideration by the Sheriff. The Sheriff shall retain the
228right of final determination. No member of the classified
229service may be reinstated, with or without backpay or benefits,
230without the concurrence of the Sheriff. For disciplinary
231purposes, the Sheriff or the Sheriff's designee may reprimand,
232orally or in writing, or summarily suspend a member of the
233classified service for a period not exceeding 40 hours, and such
234action shall not be subject to review and recommendation of the
235board.
236     Section 16.  The practice and procedure of the board with
237respect to any hearing by the board authorized by this act shall
238be in accordance with the rules and regulations to be
239established by the board. Such rules shall provide for a
240reasonable notice of hearing to all persons affected by a
241recommendation to be made by the board, with the opportunity to
242be heard in their his or her behalf at a hearing to be held for
243that purpose and to examine and cross-examine witnesses.
244     (1)  The board, when conducting any hearings authorized by
245this act, shall have the power to administer oaths and issue
246subpoenas to compel the attendance of witnesses and the
247production of books, accounts, papers, records, documents, and
248testimony. In the case of the disobedience or failure of any
249person to comply with a subpoena issued by the board or any of
250its members, or on the refusal of a witness to testify on any
251matter on which the witness he or she may be lawfully
252interrogated, the judge of the circuit court of the county, on
253application of the board, shall compel the obedience by
254proceedings as for contempt. The service of a subpoena shall be
255made in the manner provided by the Florida Rules of Civil
256Procedure. Each witness subpoenaed by the board shall receive
257for the witness's his or her attendance, fees and mileage in the
258amount as provided for witnesses in civil cases, if requested.
259     (2)  The board shall meet for the purpose of hearing the
260appeal promptly and no later than 30 days after receipt of the
261answer and request for hearing, unless good cause exists for, or
262the affected member agrees to, a postponement.
263     (3)  The actions of the board and the Sheriff shall be
264exempt from the provisions of chapter 120, Florida Statutes.
265     Section 17.  When a newly elected or appointed Sheriff
266assumes office, the service of all personnel shall continue
267without the necessity of formal reappointment. Notwithstanding
268any other provisions of this act, the incoming Sheriff shall
269have the option of maintaining the current personnel assigned to
270the rank of major and above or equivalent noncertified support
271positions or transferring those personnel as described below. If
272the incoming Sheriff fills any of the above positions with a new
273person and the current occupant of the above position is a
274certified law enforcement deputy officer or detention deputy, he
275or she shall be reduced to the rank of captain if certified, or
276to the equivalent noncertified support position if not certified
277immediately. The member's salary shall be reduced in compliance
278with the salary policy in effect at that time, but shall be no
279less than the salary the member would have attained had the
280member remained in the highest classification accorded appeal
281rights under this act. Following the election or appointment of
282a Sheriff, appointments of all personnel remain at the pleasure
283of the Sheriff, and personnel in the classified service may be
284terminated by affirmative action of the Sheriff or the Sheriff's
285successor in office subject to the provisions of this act.
286     Section 18.  If any provision of this act or the
287application thereof to any person or circumstance is held
288invalid, it is the legislative intent that the invalidity shall
289not affect other provisions or applications of the act which can
290be given effect without the invalid provision or application,
291and to this end provisions of this act are declared severable.
292     Section 19.  This act shall not be held or construed to
293create any property rights or any vested interest in any
294position in the classified service and the right is hereby
295reserved to repeal, alter, or amend this act or any provision
296thereof at any time.
297     Section 2.  This act shall take effect upon becoming a law.


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