HB 1085

1
A bill to be entitled
2An act relating to the Pinellas County Sheriff's Civil
3Service System; amending chapter 89-404, Laws of Florida,
4as amended; deleting intent relating to collective
5bargaining; limiting application; revising the definition
6of "personnel"; revising positions covered in the
7Classified and Unclassified Services; providing effect of
8participating in the Florida Retirement System's Senior
9Management Class; providing for Certified Executive Staff;
10providing additional causes for member suspension or
11dismissal; providing duties of the Civil Service Board
12regarding appeals; providing authority of the Division of
13Administrative Hearings under certain circumstances;
14revising provisions relating to the timeframe for filing a
15notice of appeal and for disposing of appeals and making
16findings of fact and stating a conclusion; revising civil
17liability immunity applicability; removing a provision
18relating to certified personnel status as appointed
19officers; providing an effective date.
20
21Be It Enacted by the Legislature of the State of Florida:
22
23     Section 1.  Chapter 89-404, Laws of Florida, as amended by
24chapter 90-395, Laws of Florida, is amended to read:
25     Section 1.  Intent.--It is the intent of this act to create
26a civil service system for members of the Classified Service, as
27defined herein, within the service of the Sheriff of Pinellas
28County, for the purposes of ensuring fairness and consistency in
29discipline and dismissal. It is also the intent of this act to
30maintain the existing legal limitations on the right of
31collective bargaining and other rights under part II of chapter
32447, Florida Statutes, and to not grant such rights to any
33deputy, member, or personnel of the Office of the Pinellas
34County Sheriff who, prior to the effective date of this act, did
35not possess such rights pursuant to law.
36     Section 2.  Personnel of Pinellas County Sheriff;
37applicability of the act; authority of the Sheriff.--
38     (1)  The provisions of this act shall apply to all
39certified, noncertified, and Certified Executive Staff persons
40within the Office of the Pinellas County Sheriff, except as
41otherwise provided herein. The provisions of this act shall not
42apply to the Sheriff, special deputy sheriffs appointed pursuant
43to s. 30.09(4), Florida Statutes, contract personnel, the
44general counsel, the associate general counsel, the director of
45human resources, the director of support services, the director
46of fiscal affairs, the public information coordinator, the
47director of labor relations, the jail medical director, the
48grants administrator, the sheriff's executive secretary, any
49person who enters the Florida Retirement System's Senior
50Management Service legal advisors, chaplains, or individuals
51appointed as part-time deputy sheriffs, as defined by the
52Criminal Justice Standards and Training Commission, unless any
53such part-time deputy sheriff is also a full-time member in the
54Office of the Sheriff.
55     (2)  For the purposes of this act, the term "personnel"
56shall refer to all persons working for the Pinellas County
57Sheriff's Office; provided that nothing stated herein shall be
58construed as changing the status of certified personnel from
59appointed officers to members covered by the provisions of
60chapter 447, Florida Statutes.
61     (3)  The Sheriff shall have the authority to adopt such
62rules and regulations as are necessary for the implementation
63and administration of this act. However, nothing in this act
64shall be construed as affecting the budgetmaking powers of the
65Board of County Commissioners of Pinellas County.
66     Section 3.  Classified and Unclassified Services; Certified
67Executive Staff; status of members of the Classified Service,
68Unclassified Service, and Certified Executive Staff.--
69     (1)  The Classified Service shall consist of full-time
70positions held by detention deputy sheriffs corrections
71officers, law enforcement deputy sheriffs, and noncertified
72personnel, except those persons not covered by the act as set
73forth in section 2(1), who have attained permanent status as
74defined herein and who are serving in any position except those
75persons serving in the Unclassified Service or as members of the
76Sheriff's Certified Executive Staff.
77     (2)(a)  The Unclassified Service shall consist of the
78following positions: all part-time positions, all full-time
79personnel who have not attained permanent status as defined
80herein, all volunteer or unpaid nonsalaried positions, school
81crossing guards, reserve deputies, and special deputies, and
82personnel participating in the Florida Retirement System's
83Senior Management Class subsequent to membership in the
84Classified Service. Members of the Unclassified Service shall
85serve at the pleasure of the Sheriff and may be suspended,
86demoted, or terminated at any time without cause and without any
87right to appeal to the Civil Service Board.
88     (b)  Consistent with the requirements of section
89121.055(1)(c), Florida Statutes, all personnel who are members
90of the Classified Service who elect to participate in the
91Florida Retirement System's Senior Management Class, upon
92selection by the Sheriff and approval by the Florida Retirement
93System, are no longer members of the Classified Service and
94serve without civil service protection upon the effective date
95of Senior Management Class membership. As a member of the Senior
96Management Class, personnel may be suspended, demoted, or
97terminated at any time without cause and without any right to
98appeal to the Civil Service Board.
99     (3)  For the purposes of this act, the Sheriff's Certified
100Executive Staff shall consist of all certified personnel who
101have attained the rank of captain or above, the Public
102Information Coordinator, the Sheriff's executive secretary and
103all noncertified personnel whose salary is equal to or greater
104than the base salary for the rank of law enforcement captain.
105     (4)  Members of the Sheriff's Certified Executive Staff
106shall serve in those positions at the pleasure of the Sheriff.
107Except as provided herein, such personnel may be suspended,
108demoted, or dismissed at any time without cause and without any
109right of appeal to the Civil Service Board. However, persons
110serving as members of the Sheriff's Certified Executive Staff
111who have, previous to their appointment to the Certified
112Executive Staff, attained permanent status in the Classified
113Service may be returned to the highest rank or position such
114person achieved in the Classified Service without cause and
115without any right to appeal such return to Classified Service.
116     Section 4.  Permanent status; effect of rehire; extension
117of probation; status upon election or appointment of new
118Sheriff.--
119     (1)  After classified personnel of the Sheriff, to whom the
120provisions of this act apply, have served in any such position
121for a period of 1 calendar year without break in service, such
122personnel shall have attained permanent status in the Office of
123the Sheriff, unless such personnel are placed on an extended
124probation or have entered the Florida Retirement System's Senior
125Management Class.
126     (2)  When Classified Service personnel are terminated,
127resign, or are otherwise separated from service, and are rehired
128at a later date, they shall be required to complete 1 calendar
129year of service, without break in service, following such rehire
130before attaining permanent status in the Office of the Sheriff.
131     (3)  Personnel in the Classified Service who are required
132to serve a probationary period attendant to a promotion shall
133retain permanent status in the Office of the Sheriff, but may be
134demoted to their prior rank during such probationary period for
135any reason and without the right of appeal as provided in this
136act.
137     (4)  When, in the sole discretion of the Sheriff, an
138extension of a probationary period for newly hired or newly
139promoted personnel is warranted, such probationary period may be
140extended for a period up to 6 additional months. In the case of
141newly hired personnel, the affected personnel shall be required
142to satisfactorily complete the extended probationary period
143before attaining permanent status in the Office of the Pinellas
144County Sheriff.
145     Section 5.  Effect of election or appointment of new
146Sheriff on status of personnel.--
147     (1)  When a newly elected or appointed Sheriff assumes
148office, the new Sheriff shall continue the members of the
149Classified Service at their existing rank and/or salary level
150unless cause for demotion or dismissal, as provided herein,
151exists.
152     (2)  When a newly elected or appointed Sheriff assumes
153office, persons then serving as members of the Sheriff's
154Certified Executive Staff who, previous to their appointment to
155the Certified Executive Staff, had attained permanent status in
156the Classified Service, shall not be suspended without pay for
157more than 1 working day or dismissed unless cause as provided
158herein exists. However, such personnel may be demoted to the
159highest rank achieved in the Classified Service without cause
160and without any right to appeal.
161     Section 6.  Members of Classified Service; certain members
162of the Certified Executive Staff; suspension, demotion, or
163dismissal only for cause.--
164     (1)  Members of the Classified Service may only be
165suspended, for a period in excess of 1 working day, reduced in
166rank or base pay, or dismissed from service for cause. Members
167of the Certified Executive Staff who have, previous to their
168appointment to the Certified Executive Staff, achieved permanent
169status in the Classified Service may only be dismissed or
170suspended for a period in excess of 1 working day or demoted to
171a rank or rate of base pay less than the highest rank or base
172pay the member attained while in the Classified Service for
173cause. Prior to such action described above, the member shall be
174furnished with written notice of the proposed action and an
175explanation of the reasons for the action, and offered an
176opportunity to respond to the reasons for the action. However,
177nothing stated herein shall be construed as changing the status
178of deputy sheriffs from appointed officers to employees covered
179by the provisions of chapter 447, Florida Statutes.
180     (2)  In situations where the delay occasioned by furnishing
181members of the Classified Service personnel such written notice
182and opportunity to respond could result in damage or injury,
183personnel may be suspended or dismissed for cause immediately
184and provided such written notice and opportunity to respond
185within 24 hours.
186     (3)  Written notice of disciplinary action to a department
187member shall be deemed to be effective upon hand delivery, or
188upon mailing to the member's last known address.
189     (4)  Cause for suspension, dismissal, or demotion shall
190include, but not be limited to: negligence, inefficiency, or
191inadequate job performance; inability to perform assigned
192duties, incompetence, dishonesty, insubordination, violation of
193the provisions of law or the rules, regulations, and operating
194procedures of the Office of the Sheriff, conduct unbecoming a
195public servant, misconduct, or proof and/or admission of use of
196illegal drugs. Cause for suspension or dismissal shall also
197include a member's acceptance into a pretrial diversion or
198intervention program, the adjudication of guilt by a court of
199competent jurisdiction, a plea of guilty or of nolo contendere,
200or a verdict of guilty where adjudication of guilt is withheld
201and the accused is placed on probation, with respect to any
202felony or misdemeanor. The filing of felony or misdemeanor
203charges against Sheriff's Office personnel may also constitute
204cause for suspension. Subsequent dropping of charges shall
205result in automatic reinstatement, except where charges were
206dropped because of completion of a pretrial intervention or
207diversion program, provided that independent departmental
208charges are not pending.
209     (5)  The listing of causes for suspension, demotion, or
210dismissal in this section is not intended to be exclusive. The
211Sheriff may, by departmental rule, add to this listing of causes
212for suspension, dismissal, or demotion.
213     Section 7.  Creation and qualifications of the Civil
214Service Board.--
215     (1)  The Sheriff of Pinellas County is hereby authorized to
216create a Civil Service Board which shall be composed of five
217members which shall be determined as follows:
218     (a)  Two members of the Civil Service Board shall be
219appointed by the Sheriff after being elected in an election
220among the members of the Classified Service. The Sheriff shall
221appoint the two persons receiving the highest number of votes in
222such election.
223     (b)  Two members shall be appointed by the Sheriff.
224     (c)  The fifth member shall be selected by the majority of
225the other four Board members within 15 days of their
226appointments. In the event that the selection process of the
227fifth member results in an impasse, within 15 days, the fifth
228member shall be appointed by the Chief Judge of the Sixth
229Judicial Circuit.
230     (d)  The five members of the Board shall then select a
231sixth or alternate member who shall serve upon the inability of
232any other member to serve.
233     (e)  The fifth member shall be chairperson of the Civil
234Service Board, unless the Board elects otherwise.
235     (f)  Four members of the Civil Service Board shall
236constitute a quorum.
237     (2)  Membership qualifications and term:
238     (a)  All members of the Civil Service Board shall be at
239least 21 years of age, of good moral character, of good
240reputation in the community, citizens of the United States,
241permanent residents of Florida, and permanent residents of
242Pinellas County for at least 2 years prior to the date of their
243appointment.
244     (b)  No member of the Board may be:
245     1.  A member of any national, state, or county committee of
246a political party;
247     2.  A candidate for or incumbent of any elected public
248office;
249     3.  A member of the Pinellas County Sheriff's Office, or
250the spouse, parent, grandparent, child, grandchild, brother,
251sister, aunt, uncle, niece, or nephew, by consanguinity or
252affinity of a member; or
253     4.  Positioned as to have a conflict of interest in the
254terms of his or her related business, duties, or
255responsibilities in connection with the Civil Service Board.
256     (c)  The members of the Board shall serve a term of 1 year
257from the date of their election or appointment as the case may
258be.
259     (d)  Members of the Board will receive no salary, but will
260be paid a stipend as determined by the Sheriff to offset
261expenses incurred in performing the duties of the Civil Service
262Board.
263     Section 8.  Duties and authority of the Civil Service
264Board.--
265     (1)  The Civil Service Board shall have the following
266authority and duties:
267     (a)  To adopt and amend reasonable rules and regulations
268for its hearing procedures.
269     (b)  To hear all appeals of the members of the Classified
270Service arising from personnel actions brought under the
271Sheriff's rules, procedures, or policies which result in
272dismissal, suspension for more than 1 working day without pay,
273demotion, or reduction in base pay for disciplinary or job
274performance reasons.
275     (c)  To hear appeals of members of the Certified Executive
276Staff who have, previous to their appointment to the Certified
277Executive Staff, achieved permanent status in the Classified
278Service, arising from personnel actions brought under the
279Sheriff's rules, procedures, or policies which result in
280dismissal or suspension for more than 1 working day or demotion
281to base pay less than the highest rank or base pay the member
282attained while in the Classified Service.
283     (d)  To contract with the Division of Administrative
284Hearings to have hearings conducted pursuant to chapter 120,
285Florida Statutes, as provided in section 11(8).
286     (2)  Other than those appeals specified herein in
287subsection (1), the Civil Service Board shall not have authority
288to hear appeals.
289     (3)  The authority of the Civil Service Board, and the
290authority of the Division of Administrative Hearings acting
291under contract, shall not include the establishment or deletion
292of the categories of conduct which constitute cause for
293suspension, demotion, or dismissal. In hearing appeals, the
294Civil Service Board shall:
295     (a)  Determine whether the aggrieved member engaged in
296conduct prohibited by section 6 or by a departmental rule
297promulgated by the Sheriff;
298     (b)  Determine whether the action taken against the
299aggrieved member is consistent with action taken against other
300members; and
301     (c)  Make findings of fact and state a conclusion as
302specified in subsection (6).
303     (4)  The Civil Service Board may also provide assistance
304and advice to the Sheriff in matters concerning disciplinary
305actions and may take any other actions authorized by the
306Sheriff.
307     (5)  The Civil Service Board, pursuant to its authority to
308hear appeals of members of the Classified Service, shall have
309the power to schedule hearings, administer oaths, take or allow
310the taking of depositions, and issue subpoenas to compel the
311attendance of witnesses and the production of books, accounts,
312papers, records, documents, testimony, and other items to effect
313such other discovery as it deems fit and proper upon the written
314request of either party.
315     (a)  The chairperson of the Civil Service Board or his or
316her his/her designee shall be authorized to sign all notices,
317subpoenas, and final orders, on behalf of the Board. In the case
318of disobedience or failure of any person to comply with a
319subpoena issued by the Board or any of its members, or upon the
320refusal of a witness to testify on any matter on which he or she
321may be lawfully interrogated, a Judge of the Circuit Court of
322Pinellas County, on application of the Civil Service Board,
323shall compel obedience by proceedings as for contempt.
324     (b)  The service of a subpoena shall be made in the manner
325provided by the Florida Rules of Civil Procedure. Each witness
326subpoenaed by the Civil Service Board shall receive for his or
327her attendance, from the party requesting the subpoena, fees and
328mileage in the amount as provided for witnesses in civil cases.
329Personnel of the Sheriff's Office appearing before the Civil
330Service Board while on duty shall not receive witness fees or
331reimbursements for mileage.
332     (6)  Within 10 days of the conclusion of the appeals
333hearing, or receipt of the proposed recommended order from the
334Division of Administrative Hearings, whichever is longer, unless
335the parties agree to a longer period, the Civil Service Board,
336by a majority vote, shall dispose of the appeal and shall make
337findings of fact and state a conclusion; such findings of fact
338and conclusion shall be separately stated and shall be in
339writing. Such conclusion shall either sustain, modify, or not
340sustain the action being appealed. Upon a finding that cause did
341not exist for a suspension, demotion, reduction in pay, or
342dismissal, the Civil Service Board shall reinstate the appellant
343and direct the Sheriff to pay the appellant for the period of
344any suspension, demotion, loss of pay, or dismissal. The Civil
345Service Board shall not have the authority to impose any penalty
346more severe than that which formed the basis of the appeal.
347Should the Civil Service Board be unable to reach a majority
348decision on any appeal, the personnel action taken shall be
349sustained.
350     (7)  The decision of the Civil Service Board shall be final
351and binding on all parties concerned.
352     Section 9.  Appeals procedure.--
353     (1)  A member of the Classified Service who has been
354suspended without pay for more than 1 working day, demoted,
355reduced in base pay, or dismissed, and those members of the
356Certified Executive Staff to whom rights of appeal are granted
357pursuant to section 3, may obtain a hearing before the Civil
358Service Board by filing a written Notice of Appeal with the
359Sheriff or his or her designee. Filing shall be effected by
360delivery in person to the Sheriff or his or her designee, when
361that person is designated by the Sheriff in writing, or by U.S.
362mail, registered, return receipt requested. Such Notice of
363Appeal shall be received by 5 p.m. on the fifth filed within 5
364calendar day after days of receipt of notice of the suspension,
365demotion, reduction in pay, or dismissal. The day upon which the
366member receives the notice of suspension, demotion, reduction in
367pay, or dismissal shall not be counted in computing the 5 days,
368and the 5-day period shall begin on the first day after receipt
369of the notice, regardless of whether that day is a weekend day
370or holiday. The burden is on the member requesting the appeal
371hearing to establish timely service in accordance with the
372provisions herein. Failure to file a said written notice
373requesting the appeal hearing as required within the 5-day
374period prescribed herein shall constitute a voluntary waiver of
375all rights to an appeal under this act.
376     (2)  The Notice of Appeal shall contain:
377     (a)  A statement that the person filing the Notice of
378Appeal is entitled to an appeal pursuant to the terms of this
379act as a present or former member of the Classified Service;
380     (b)  A statement of the disciplinary action complained of
381and the basis for the appeal; and
382     (c)  A request for relief consistent with relief that may
383be ordered by the Civil Service Board as set forth herein.
384     (3)  The appellant shall be limited in the scope of his or
385her appeal to the issues raised in the Notice of Appeal.
386     Section 10.  Settlements and precedent.--In order to
387encourage resolutions of appeals prior to hearing, any
388settlement of an appeal acceptable to the appellant shall not
389establish a precedent against either the Sheriff, any member of
390the Classified Service, or any member of the Certified Executive
391Staff to whom the right of appeal is afforded by this act. Such
392settlement shall not conflict in any manner with the provisions
393of this act and shall not be used in any subsequent appeal
394hearing.
395     Section 11.  Hearing procedure.--
396     (1)  The Civil Service Board shall commence a hearing on an
397appeal within 30 days from the date upon which the Notice of
398Appeal was received by the Sheriff, or his or her designee, and
399shall proceed diligently to conclude such hearing in an
400expeditious fashion while affording to all parties a full and
401fair hearing. The Civil Service Board may grant a continuance of
402a hearing for good cause shown upon its own or a party's motion.
403     (2)  The Civil Service Board shall establish appropriate
404rules and procedures for the conduct of all hearings pursuant to
405this act. All testimony of the parties and witnesses shall be
406made under oath or affirmation. Hearsay evidence may be used for
407the purpose of supplementing or explaining other evidence, but
408shall not be sufficient in and of itself to support a finding
409unless it would be admissible over objections in civil actions.
410     (3)  Each party shall be entitled to call witnesses on his
411or her own behalf, to compel the attendance of witnesses through
412the service of subpoenas, to cross-examine the witnesses, to
413represent himself or herself, or to be represented by any other
414representative of his or her choosing, and to be present at such
415hearing.
416     (4)  Each party shall bear his or her own costs and fees
417incurred with respect to such hearings. No costs or fees shall
418be reimbursed by one party to the other regardless of the
419decision of the Civil Service Board under this act.
420     (5)  Appeal hearings shall be open to the public in
421accordance with the provisions of chapter 286, Florida Statutes.
422     (6)  The Civil Service Board, its members, the Sheriff,
423witnesses while giving truthful testimony, and all the
424representatives of the parties, in their individual and official
425capacities, shall be immune from all civil liability arising
426from actions taken pursuant to the provisions of this act.
427     (7)  A tape recording shall be made of each Civil Service
428Board hearing and minutes of the hearing shall be kept. Either
429party shall be entitled to engage the services of a certified
430court reporter to record such hearing. The party engaging
431services of the court reporter shall be solely responsible for
432payment for such services.
433     (8)  The Civil Service Board may, upon stating its reasons,
434elect at any stage of the hearing procedure to contract with the
435Division of Administrative Hearings of the Department of
436Management Services Administration to have the hearing conducted
437pursuant to chapter 120, Florida Statutes, in which case the
438board shall limit its considerations to the findings and
439recommendations of the division's Department of Administration
440hearing officer.
441     Section 12.  Exemption from chapter 120, Florida
442Statutes.--Unless the election is made to proceed under section
44311(8), the actions of the Civil Service Board and the Sheriff
444taken pursuant to this act shall be exempt from the provisions
445of chapter 120, Florida Statutes.
446     Section 13.  Members' Advisory Council.--There shall be a
447five-person Members' Advisory Council, which shall serve in an
448advisory capacity to the Sheriff concerning personnel matters,
449policies, rules, and regulations affecting members of the
450Classified Service. The departmental representation of the
451Members' Advisory Council shall be determined by the Sheriff.
452All members of the Members' Advisory Council shall be permanent
453members of the department and members of the Classified Service.
454One member shall be elected from each of five areas to be
455determined by the Sheriff and shall be elected to serve by
456secret ballot of all members of the Classified Service within
457each respective area. Members of the Members' Advisory Council
458shall serve a 1-year term of office beginning July 1 of each
459year. The initial council shall serve from the date elected
460until July 1 of the following year.
461     Section 14.  Certified personnel to maintain status as
462appointed officers.--Nothing herein shall be construed as
463altering the traditional status of certified personnel as
464appointed officers, who, as such, are excluded from coverage as
465employees under chapter 447, Florida Statutes.
466     Section 14 15.  Sheriff to adopt rules and regulations for
467review of citizen complaints and other actions.--The Sheriff
468shall, contemporaneous with the effective date of this act, by
469department rule or regulation, establish a procedure to review
470and resolve citizen complaints and disciplinary actions for
471which an appeal is not provided by this act.
472     Section 15 16.  If any provision of this act or the
473application thereof to any person or circumstance is held
474invalid, the invalidity shall not affect other provisions or
475applications of the act which can be given effect without the
476invalid provision or application, and to this end the provisions
477of this act are declared severable.
478     Section 16 17.  Chapter 84-514, Laws of Florida, as amended
479by chapter 87-424, Laws of Florida, is hereby repealed.
480     Section 17 18.  This act shall take effect July 1, 1989, or
481upon becoming a law, whichever occurs later.
482     Section 2.  This act shall take effect upon becoming a law.


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