Senate Bill sb0956c1

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    Florida Senate - 2006                            CS for SB 956

    By the Committee on Governmental Oversight and Productivity;
    and Senator Argenziano




    585-2474-06

  1                      A bill to be entitled

  2         An act relating to the Career Service System;

  3         amending s. 110.227, F.S.; revising

  4         requirements for disciplining an employee;

  5         providing for appeals of agency actions

  6         imposing penalties on certified law enforcement

  7         officers, correctional officers, and

  8         correctional probation officers to be reviewed

  9         by administrative law judges; revising review

10         procedures; providing standards for awards of

11         back pay; amending s. 447.207, F.S., relating

12         to powers and duties of the Public Employees

13         Relations Commission, to conform; providing an

14         effective date.

15  

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

17  

18         Section 1.  Subsections (1), (5), and (6) of section

19  110.227, Florida Statutes, are amended to read:

20         110.227  Suspensions, dismissals, reductions in pay,

21  demotions, layoffs, transfers, and grievances.--

22         (1)  Any employee who has satisfactorily completed at

23  least a 1-year probationary period in his or her current

24  position may be suspended or dismissed only for just cause. In

25  appropriate circumstances cause shall include, but is not

26  limited to, poor performance, negligence, inefficiency or

27  inability to perform assigned duties, insubordination,

28  violation of the provisions of law or agency rules, conduct

29  unbecoming a public employee, misconduct, habitual drug abuse,

30  or conviction of any crime. The agency head shall ensure that

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    Florida Senate - 2006                            CS for SB 956
    585-2474-06




 1  all employees of the agency have reasonable access to the

 2  agency's personnel manual.

 3         (5)(a)  A career service employee who has

 4  satisfactorily completed at least a 1-year probationary period

 5  in his or her current position and who is subject to a

 6  suspension, reduction in pay, demotion, or dismissal shall

 7  receive written notice of such action at least 10 days prior

 8  to the date such action is to be taken. Subsequent to such

 9  notice, and prior to the date the action is to be taken, the

10  affected employee shall be given an opportunity to appear

11  before the agency or official taking the action to answer

12  orally and in writing the charges against him or her. The

13  notice to the employee required by this paragraph may be

14  delivered to the employee personally or may be sent by

15  certified mail with return receipt requested. Such actions

16  shall be appealable to the Public Employees Relations

17  Commission as provided in subsection (6). Alternatively, a

18  certified law enforcement officer, correctional officer, or

19  correctional probation officer may seek review by an

20  administrative law judge assigned by the Division of

21  Administrative Hearings. Written notice of any application for

22  review such appeal shall be filed by the employee with the

23  commission or the Division of Administrative Hearings, as

24  appropriate, within 14 calendar days after the date on which

25  the notice of suspension, reduction in pay, demotion, or

26  dismissal is received by the employee. The division shall

27  develop a standard form to facilitate applications for review

28  by certified law enforcement officers, correctional officers,

29  and correctional probation officers. The agency shall provide

30  the employee a copy of the appropriate application with each

31  notice required by this section.

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    Florida Senate - 2006                            CS for SB 956
    585-2474-06




 1         (b)  In extraordinary situations such as when the

 2  retention of a career service employee who has satisfactorily

 3  completed at least a 1-year probationary period in his or her

 4  current position would result in damage to state property,

 5  would be detrimental to the best interest of the state, or

 6  would result in injury to the employee, a fellow employee, or

 7  some other person, such employee may be suspended or dismissed

 8  without 10 days' prior notice, provided that written or oral

 9  notice of such action, evidence of the reasons therefor, and

10  an opportunity to rebut the charges are furnished to the

11  employee prior to such dismissal or suspension. Such notice

12  may be delivered to the employee personally or may be sent by

13  certified mail with return receipt requested. Agency

14  compliance with the foregoing procedure requiring notice,

15  evidence, and an opportunity for rebuttal must be

16  substantiated. Any employee who is suspended or dismissed

17  pursuant to the provisions of this paragraph may apply for

18  review appeal to the Public Employees Relations Commission as

19  provided in subsection (6). Written notice of application for

20  review any such appeal shall be filed with the commission or

21  the division by the employee within 14 days after the date on

22  which the notice of suspension, reduction in pay, demotion, or

23  dismissal is received by the employee.

24         (6)  The following procedures shall apply to

25  applications for review appeals filed pursuant to subsection

26  (5) with the Public Employees Relations Commission,

27  hereinafter referred to as the commission, or with the

28  Division of Administrative Hearings, hereinafter referred to

29  as the division:

30         (a)  The commission or division must conduct a hearing

31  within 30 calendar days following the filing of an application

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    Florida Senate - 2006                            CS for SB 956
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 1  for review a notice of appeal. Unless the administrative

 2  tribunal determines that the due-process rights of any party

 3  would be adversely affected, an No extension of time for the

 4  hearing may not exceed 30 calendar days, absent exceptional

 5  circumstances, and an no extension of time may not be granted

 6  without the consent of all parties. Discovery may be granted

 7  only upon the showing of extraordinary circumstances. A party

 8  requesting discovery shall demonstrate a substantial need for

 9  the information requested and an inability to obtain relevant

10  information by other means. Failure of the agency to timely

11  share with the employee all of the information it has

12  collected in making and supporting its decisions constitutes

13  substantial need. Except where inconsistent with the

14  requirements of this subsection, the provisions of s.

15  447.503(4) and (5) and chapter 120 applies apply to

16  proceedings held pursuant to this subsection.

17         (b)  A person may represent himself or herself in

18  proceedings before the commission or division or may be

19  represented by legal counsel or by any individual who

20  qualifies as a representative pursuant to rules adopted by the

21  tribunal commission.

22         (c)  If the administrative tribunal commission finds

23  that sufficient cause did not exist to justify for the

24  discipline imposed by the agency action, it the commission

25  shall reverse the decision of the agency head, and the

26  employee shall be reinstated with or without back pay. If the

27  administrative tribunal commission finds that sufficient cause

28  existed to justify for the agency action, it the commission

29  shall affirm the decision of the agency head. If sufficient

30  cause exists to justify the penalty, the administrative

31  tribunal commission may not reduce the penalty imposed by the

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    Florida Senate - 2006                            CS for SB 956
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 1  agency head, except in the case of law enforcement or

 2  correctional officers, firefighters, and professional health

 3  care providers, if the administrative law judge commission

 4  makes specific written findings of mitigation. Every award of

 5  back pay must be reduced by any mitigating interim earnings of

 6  the employee which exceed legal expenses in seeking review.

 7  The administrative law judge shall be otherwise bound by the

 8  common law of this state in fixing the amount of back pay.

 9         (d)  The administrative tribunal's order is final

10  agency action. The final A recommended order shall be issued

11  by the hearing officer within 30 days following the hearing.

12  Exceptions to the recommended order shall be filed within 5

13  business days after the recommended order is issued. The final

14  order shall be filed by the commission no later than 30

15  calendar days after the hearing or after the filing of

16  exceptions or oral arguments if granted.

17         (e)  Final orders issued by an administrative tribunal

18  the commission pursuant to paragraph (d) shall be reviewable

19  as provided in s. 447.504 or s. 120.68.

20         Section 2.  Subsection (8) of section 447.207, Florida

21  Statutes, is amended to read:

22         447.207  Commission; powers and duties.--

23         (8)  The commission or its designated agent shall, in

24  appropriate cases, hear appeals arising out of any suspension,

25  reduction in pay, demotion, or dismissal of any permanent

26  employee in the State Career Service System in the manner

27  provided in s. 110.227.

28         Section 3.  This act shall take effect July 1, 2006.

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    Florida Senate - 2006                            CS for SB 956
    585-2474-06




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 956

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 4  Provides that a correctional officer who has been subject to
    certain types of employment actions by an agency may seek
 5  review of any such action with the Division of Administrative
    Hearings.
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