Senate Bill sb2926
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Florida Senate - 2007 (NP) SB 2926
By Senator Argenziano
3-1604-07 See HB
1 A bill to be entitled
2 An act relating to Levy County; providing for
3 career service for members of the Levy County
4 Sheriff's Office; providing for application of
5 the act, career status of members, and
6 administration; providing for a procedure with
7 respect to complaints against members;
8 providing for appeals; providing for certain
9 protections during the transition of a new
10 Sheriff; providing for a Career Service Appeal
11 Board; providing for status as career members;
12 providing that the board is not governed by the
13 Administrative Procedure Act; prohibiting
14 certain actions to circumvent the act;
15 providing for exclusions; providing
16 severability; providing an effective date.
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18 Be It Enacted by the Legislature of the State of Florida:
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20 Section 1. Members of the Levy County Sheriff's
21 Office; applicability of the act; career status of the
22 members; administration.--
23 (1) APPLICABILITY.--
24 (a) This act shall apply to all full-time certified
25 and noncertified persons in the employ of the Levy County
26 Sheriff's Office except as specifically described in section
27 6.
28 (b) As used in this act, the terms "member,"
29 "employee," "employ," and "employment" shall refer to all
30 persons, whether employed or appointed, to whom the act
31 applies. It is not, however, the intent of this act to grant
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1 any rights not specifically stated in this act beyond the
2 provisions of this act to persons in the employ of the Levy
3 County Sheriff's Office who do not otherwise have those rights
4 pursuant to law.
5 (2) CAREER STATUS; CAUSE FOR TERMINATION OF
6 EMPLOYMENT.--
7 (a) After a member of the Levy County Sheriff's Office
8 to whom the provisions of this act apply has served in such
9 employment for a period of 1 calendar year and successfully
10 completed a probationary training program, such employee shall
11 have attained career status with the Levy County Sheriff's
12 Office, provided that, if an employee is terminated and
13 rehired at a later date, said employee shall be required to
14 complete 1 calendar year of service from the date of rehire
15 before being granted the right of appeal provided in section 4
16 of this act.
17 (b) Any employee who has achieved career status with
18 the Levy County Sheriff's Office may only be terminated for
19 just cause, provided that prior to such action the employee
20 shall be furnished written notice of the proposed action and
21 offered an opportunity to respond to the reasons for the
22 termination. However, in situations in which delay could
23 result in damage or injury, an employee may be relieved of
24 duty immediately and provided notice thereof and reasons
25 therefor within 24 hours.
26 (c) Just cause for initiating an internal
27 investigation that may result in termination of employment
28 shall include violation of the provisions of law or office
29 rules or direct violation of published Sheriff's Office
30 policy.
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1 (d) Just cause for initiating an internal
2 investigation shall also include, with respect to any felony
3 or misdemeanor, adjudication of guilt by a court of competent
4 jurisdiction, a plea of guilty or of nolo contendere, or
5 adjudication of guilt withheld and the accused placed on
6 probation.
7 (e) The filing of felony or misdemeanor charges by the
8 state attorney against an employee shall constitute just cause
9 for initiating an internal investigation.
10 (3) TRANSITION OF CAREER SERVICE EMPLOYEES.--
11 (a) When a newly elected or appointed Sheriff assumes
12 office, the new Sheriff shall continue the employment of all
13 currently employed career personnel unless just cause for
14 termination of employment, as provided herein, exists.
15 However, the incoming Sheriff shall have the option of
16 maintaining the current personnel assigned to the positions of
17 Lieutenant and above, Executive Assistants, Executive Office
18 Managers, and Administrative Positions of Trust.
19 (b) Positions of Trust include the Comptroller, the
20 Director of Property Management, and Special Investigators
21 assigned and involved in conducting internal inquiries or
22 internal investigations.
23 (c) If the incoming Sheriff fills the positions of
24 Lieutenant and above, Executive Assistants, Executive Office
25 Managers, and Administrative Positions of Trust with new
26 personnel, the current occupants of those positions may be
27 reduced to the next lower existing rank or civilian
28 designation and transferred to another assignment within the
29 same division or a salary adjustment of up to 10 percent
30 downward, or both. In the event no position is available
31 downward, as in a one-person department, the occupant may be
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1 transferred to another assignment within the Sheriff's Office
2 with up to a 10-percent pay reduction.
3 (d) The new rank of the individuals shall be the
4 permanent rank of the individuals for a period of 6 months and
5 then may be later changed by independent disciplinary action.
6 (e) Initial actions taken pursuant to this subsection
7 affecting the Lieutenants and above and other Executive
8 Positions of Trust and within the guidelines of section 3
9 shall not be subject to appeal under section 4.
10 (4) ADMINISTRATION.--
11 (a) The Sheriff shall have the authority to adopt such
12 rules and regulations as are necessary for the implementation
13 and administration of this act.
14 (b) The promulgation of rules and regulations related
15 to this act by the Sheriff are at his or her sole discretion;
16 however, nothing in this act shall be construed as affecting
17 the budget-making powers of the Board of County Commissioners
18 of Levy County.
19 Section 2. Complaints against employees; procedure.--
20 (1) A complaint receipt and processing procedure shall
21 be established in order to provide adequately for the prompt
22 receipt, investigation, and disposition of complaints against
23 members of the Levy County Sheriff's Office. The complaint
24 procedure shall reflect the provisions in section 112.532,
25 Florida Statutes.
26 (2) After written receipt of the disposition of the
27 complaint, if an employee is dissatisfied with the decision of
28 the Sheriff regarding disciplinary action resulting in
29 termination of employment, the employee may appeal the action
30 to the Career Service Appeal Board.
31 Section 3. Disciplinary appeal procedure.--
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1 (1) An appeal of disciplinary action resulting in
2 termination of employment shall result in the opportunity for
3 a hearing before a Career Service Appeal Board as specified in
4 said procedure.
5 (2) Immediately following the hearing, the board shall
6 report to the Sheriff via the director of human resources or
7 other person so designated by the Sheriff.
8 Section 4. Career Service Appeal Board; creation;
9 membership; duties.--
10 (1) FUNCTION OF BOARD.--
11 (a) An ad hoc Career Service Appeal Board shall be
12 appointed as provided herein for the purpose of hearing
13 appeals from career employees brought under the provisions of
14 this act or the Sheriff's Office rules or policies that result
15 in termination of employment.
16 (b) A board may also, upon the request of the Sheriff,
17 provide assistance and advice to the Sheriff in matters
18 concerning disciplinary actions and may take any other actions
19 as authorized by the Sheriff.
20 (2) MEMBERSHIP OF BOARD.--
21 (a) When needed upon the call of the Sheriff or the
22 filing of an appeal of a termination of employment, an ad hoc
23 Career Service Appeal Board shall be appointed. The membership
24 of each such board shall consist of two members selected by
25 the Sheriff from among any full-time eligible employees from
26 within the Sheriff's Office; two members selected by the
27 employee filing the appeal from among any full-time eligible
28 employees within the Sheriff's Office; and one member, who is
29 a full-time eligible member from within the Levy County
30 Sheriff's Office, selected by the other members of the board,
31 who shall serve as chairperson.
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1 (b) If a noncertified member requests an appeal, the
2 two members selected by the noncertified member may be from
3 among any full-time eligible employees from any division of
4 the Sheriff's Office.
5 (c) The appealing member shall have 7 calendar days
6 from the date that the request for a hearing was delivered
7 directly to the Sheriff, or to one of the administrative
8 assistants in the Sheriff's Office, to select two qualified
9 members willing to serve as members of the board and deliver
10 their names directly to Human Resources. If, within the 7-day
11 period, the appealing member fails to submit the names of two
12 qualified members as outlined in this paragraph and paragraphs
13 (a) and (b) who have been contacted and are willing to serve,
14 the option to be heard by a Career Service Appeal Board is
15 procedurally waived and ceases to exist.
16 (d) The Sheriff shall, within this same 7-day period,
17 deliver to Human Resources the names of his or her two
18 selections to serve as members of the board. If, within the
19 7-day period, the Sheriff fails to submit the names of two
20 qualified members as outlined in this paragraph and paragraph
21 (a), the action against the employee is procedurally waived
22 and ceases to exist.
23 (e) The four members shall then have 5 calendar days
24 to select the fifth member from the list of remaining
25 qualified members.
26 (f) If an impartial chairperson cannot be agreed upon
27 within 5 calendar days after the first four members are
28 selected, a judge from within the Third Circuit of the state
29 shall, within 5 days, appoint a chairperson who is a full-time
30 eligible member within the Levy County Sheriff's Office.
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1 (g) The ranking officer or his or her designee in
2 charge of personnel matters shall serve as an ex officio
3 member of the board for the purpose of providing procedural
4 guidance to the board concerning the application of this act
5 and any rules or regulations of this act and any rules or
6 regulations adopted by the Sheriff relating thereto, but such
7 ex officio member shall have no vote.
8 (h) The Sheriff may, at his or her own initiative,
9 appoint a Career Service Appeal Board for the purpose of
10 receiving, considering, and making a recommendation on matters
11 related to the formation or streamlining of rules related to
12 this act or to consider any other matter deemed appropriate by
13 the Sheriff, excluding disciplinary termination of employment.
14 If the issue to be under consideration involves a specific
15 member of the Sheriff's Office and may result in some
16 disciplinary recommendation by the board, the Sheriff shall
17 notify the individual and offer the opportunity for the
18 individual to provide two members to the board to consider the
19 specific question at issue. If no specific member is involved,
20 the Sheriff shall appoint two members from the Civil Division
21 and two members from the Criminal Division, and the Captain of
22 the Administrative Division shall serve as the chairperson. A
23 board appointed by initiative may only make recommendations.
24 (3) HEARING TIME; DATE; COMPENSATION; CONSOLIDATION;
25 EXCLUSIONS.--
26 (a) Standardized dates and times of meetings shall be
27 established by rule and shall occur during normal
28 administrative office hours.
29 (b) Members selected to serve on the board shall serve
30 without additional compensation for meetings occurring during
31 their normal work hours. For nonwork hours, compensatory time
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1 at the rate of 150 percent for the actual hours in session
2 shall be credited to the member.
3 (c) Once selected to the board, the members thereof
4 shall serve until final action is taken with respect to the
5 purpose for which the board was selected, at which time the
6 board shall be dissolved.
7 (d) A new Career Service Appeal Board shall be
8 selected for each separate occurrence; however, multiple
9 parties filing appeals on the same incident may request to be
10 heard by a single board.
11 (e) A person may not serve as a member of an ad hoc
12 Career Service Appeal Board who:
13 1. Was involved in the original incident that resulted
14 in the disciplinary process that is the subject of the appeal.
15 2. Is related to the appellant.
16 3. Is currently under investigation or suspension.
17 4. Has any ongoing litigation against the Levy County
18 Sheriff's Office.
19 5. Is on probation or has received sustained
20 discipline within the past year.
21 (4) PROCEDURE WITH RESPECT TO AN APPEAL.--
22 (a) An appeal of an action specified in section 3
23 shall be made to the Sheriff in writing and must be received
24 by the Sheriff no later than 5 calendar days after the
25 employee is notified of the action on which the appeal is
26 based.
27 (b) When a Career Service Appeal Board has been
28 selected for purposes of hearing the appeal, the Sheriff shall
29 publish and furnish notice to the appealing person of the
30 date, location, and time of the hearing before the Career
31 Service Appeal Board. In any case, the date of the hearing
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1 shall be within 15 calendar days, excluding weekends and
2 holidays, after notification of the selection of the fifth
3 member.
4 (c) The date of the hearing may be extended by mutual
5 agreement of the parties.
6 (d) During the hearing, the employee filing the appeal
7 shall have the right to be heard, to be represented by a
8 person of his or her choice, and to present any relevant
9 evidence on his or her behalf, and during the hearing the
10 technical rules of evidence shall not apply.
11 (e) The board shall, in the conduct of a hearing, have
12 the power to administer oaths, issue subpoenas, compel the
13 attendance of witnesses, and require the production of books,
14 records, accounts, papers, documents, prior statements,
15 testimony, and investigative files related to the issue that
16 are in the possession of or have been delivered to Human
17 Resources a minimum of 5 business days prior to the beginning
18 of the hearing. In case of disobedience of any person to
19 comply with an order of the board or a subpoena issued by the
20 board, or upon the refusal of a witness to testify on any
21 matter regarding which he or she may be lawfully interrogated,
22 a County Judge of the county in which a person resides, upon
23 application of a member of the board, shall compel obedience
24 by proceeding as for contempt. Each witness who appears in
25 obedience to a subpoena before the board shall receive
26 compensation for attendance fees and mileage as provided for
27 witnesses in civil cases in the courts of this state. Such
28 payments shall be made by the party calling the witness,
29 except that with respect to any witnesses called by the board,
30 payments shall be made by the Sheriff upon presentation of
31 proper vouchers and approval by three members of the board. In
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1 any case, the board shall restrict its considerations and
2 deliberations to the evidence presented at the hearing.
3 (f) This board is not governed by the Administrative
4 Procedure Act, as codified in chapter 120, Florida Statutes.
5 (5) DISPOSITION WITH RESPECT TO A CAREER SERVICE
6 APPEAL.--
7 (a) The board shall, by majority vote, dispose of the
8 appeal for which it was appointed by making a determination of
9 just cause and issuing a written decision. Such decision shall
10 be based upon the simple determination of a preponderance of
11 evidence (51 percent). In the instance of an appeal to the
12 board concerning a termination, a majority vote of the board
13 shall be required to overturn the Sheriff's decision to
14 terminate. All members of the board must be present to conduct
15 any official business of the board.
16 (b) If the board does not sustain the action by the
17 Sheriff, back pay and benefits shall be reinstated. No board
18 shall have the authority to impose on any employee any penalty
19 that is different than that which formed the basis of the
20 appeal. If the board sustains the action of the Sheriff, it
21 may also make a recommendation to the Sheriff to reconsider
22 mitigating circumstances and reconsider the
23 termination-of-employment action. The Sheriff shall review the
24 determination of the board and consider its recommendation
25 prior to imposition of final action.
26 (c) The decision of the board, which is to be arrived
27 at by paper ballot, shall be forwarded to the Sheriff.
28 (d) This final decision of the board shall be binding
29 on the employee and the Sheriff.
30 (e) The Sheriff shall prepare, or cause to be
31 prepared, an order and publish the final disposition of the
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1 appeal. The final disposition shall be binding on the
2 employee.
3 (f) The board hearing and the board's deliberations
4 shall be open to the public, recorded, and preserved for the
5 public record.
6 (g) The chairperson of the board shall have the
7 authority to receive and consider written prehearing motions
8 that shall be presented to the full board at the hearing. He
9 or she shall preside over the hearing, enforce the decorum of
10 the hearing, receive requests for breaks, convene the
11 deliberations, and cause the removal of anyone attempting to
12 disrupt any of the proceedings.
13 Section 5. Included individuals; circumvention.--
14 (1) INCLUDED INDIVIDUALS.--All full-time certified and
15 noncertified persons in the employ of the Levy County
16 Sheriff's Office on the effective date of this act who have
17 served for a period of 1 calendar year or more and
18 successfully completed their probationary period as of such
19 effective date of the act shall be career employees subject to
20 the provisions of this act. All other full-time employees
21 shall become career employees subject to the provisions of
22 this act upon reaching their 1-calendar-year service
23 anniversary date and successfully completing their
24 probationary period.
25 (2) CIRCUMVENTION.--
26 (a) Promotions or demotions of members or creation of
27 rank to circumvent the intent of this act shall be held as a
28 valid reason to request the Sheriff to appoint a Career
29 Service Appeals Board to consider the issue in question.
30 (b) No certified or noncertified full-time employee of
31 the Levy County Sheriff's Office shall be discharged or
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1 discriminated against in regard to his or her employment or
2 appointment, or threatened with any such treatment, by reason
3 of his or her exercise of the rights granted by this act.
4 Section 6. Exclusions.--
5 (1) The career status provisions of this act shall not
6 apply to the Sheriff; to Special Deputy Sheriffs appointed
7 pursuant to section 30.09(4), Florida Statutes; to members
8 employed pursuant to a grant whose continued existence or
9 funding is subject to the expiration or withdrawal of the
10 grant; to nondisciplinary termination of employment arising
11 out of a reduction of force, layoff, or partial or total
12 abolition or cessation of a program, service, operation, or
13 department at the discretion of the Sheriff; to members of the
14 Sheriff's Reserve Unit; or to individuals appointed as
15 part-time Deputy Sheriffs, as defined by the Criminal Justice
16 Standards and Training Commission, unless any such person is
17 also employed full-time by the Levy County Sheriff's Office.
18 (2) This act shall not apply to an otherwise covered
19 person who claims that a termination of employment was for
20 lawful off-duty political activity. Claims of this nature are
21 already covered under chapter 30, Florida Statutes.
22 (3) This act shall not apply to an otherwise covered
23 person who claims that a termination of employment was for
24 discriminatory purposes. Claims of this nature are already
25 covered under state and federal statutes.
26 Section 7. Severability.--The provisions of this act
27 shall be severable and, if any of the provisions shall be
28 unconstitutional, the decision of the court shall not affect
29 the validity of the remaining provisions. It is hereby
30 declared to be the intent of the Legislature that this act
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1 would have been adopted had such unconstitutional provision
2 not been included therein.
3 Section 8. This act shall take effect upon becoming a
4 law.
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