HB 1547

1
A bill to be entitled
2An act relating to the Wakulla County Sheriff's Office;
3providing permanent status for certain employees of the
4Sheriff; specifying rights of employees; providing
5procedures for appeal of disciplinary actions and
6complaints against employees; providing for transition
7between sheriffs; providing for the appointment of career
8service appeals boards to hear appeals and procedures with
9respect thereto; providing for complaints against
10employees; providing applicability; providing an effective
11date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  Employees of Wakulla County Sheriff;
16applicability of act; permanent status of employees;
17administration.--
18     (1)  APPLICABILITY.--The provisions of this act shall apply
19to all sworn and nonsworn persons in the employ of the Office of
20the Wakulla County Sheriff, including deputy sheriffs. The
21provisions of this act shall not apply to the Sheriff, to
22special deputy sheriffs appointed pursuant to section 30.09(4),
23Florida Statutes, to members of the Sheriff's Posse or Reserve
24Unit, or to individuals appointed as part-time deputy sheriffs,
25as defined by the Criminal Justice Standards and Training
26Commission, unless any such person is also employed full-time by
27the Office of the Sheriff. As used in this act, the terms
28"employee," "employ," and "employment" shall refer to all
29persons, whether employed or appointed, to whom the act applies.
30It is not, however, the intent of this act to grant the right of
31collective bargaining to persons in the employ of the Office of
32the Sheriff who do not otherwise have that right pursuant to
33law.
34     (2)  IMMUNITIES.--Members of the Career Service Board and
35their alternates, the Sheriff's witnesses while giving truthful
36testimony, and the Sheriff's representatives, individually and
37collectively, shall be immune from all civil liability arising
38from actions taken pursuant to this act.
39     (3)  PERMANENT STATUS; CAUSE FOR SUSPENSION OR DISMISSAL.--
40     (a)  After an employee of the Sheriff to whom the
41provisions of this act apply has served in such employment for a
42period of 1 calendar year, such employee shall have attained
43permanent status in the Office of the Sheriff; provided, that if
44an employee is placed on disciplinary probation for a period of
456 months or more or is terminated and rehired at a later date,
46said employee shall be required to complete 1 calendar year of
47service from the date of the action before being granted the
48right of appeal provided in section 2. An employee who is
49promoted to a higher rank or position shall serve a probationary
50period of 6 months. A promoted employee shall retain permanent
51status, but may be demoted to his or her prior rank or position
52during such probationary period without the right of appeal
53pursuant to this act.
54     (b)  Any employee who has achieved permanent status in the
55Office of the Sheriff may only be suspended or dismissed for
56cause, provided that prior to such disciplinary action the
57employee must be furnished written notice of the proposed action
58and offered an opportunity to respond to the reasons for the
59suspension or dismissal. However, in extraordinary situations
60such as when delay could result in damage or injury, an employee
61may be suspended or dismissed for cause immediately and provided
62notice thereof and reasons therefor within 24 hours. Cause for
63suspension or dismissal shall include, but not be limited to,
64negligence, inefficiency, or inability to perform assigned
65duties, insubordination, violation of the provisions of law or
66office rules, conduct unbecoming a public employee, misconduct,
67or habitual drug abuse. Cause for suspension or dismissal shall
68also include adjudication of guilt by a court of competent
69jurisdiction, a plea of guilty or nolo contendere, or a jury
70verdict of guilty when adjudication of guilt is withheld and the
71accused is placed on probation, with respect to any felony,
72misdemeanor, or major traffic infraction. The filing of felony,
73misdemeanor, or major traffic infraction charges against an
74employee shall constitute cause for suspension.
75     (4)  TRANSITION OF EMPLOYEES.--When a newly elected or
76appointed Sheriff assumes office, the new Sheriff shall continue
77the employment of all currently employed permanent status
78personnel unless cause for dismissal, as provided herein,
79exists. However, the incoming Sheriff shall have the option of
80maintaining the current personnel assigned to the positions of
81Sheriff's Executive Secretary, Chief Deputy, and Major. If the
82incoming Sheriff fills the Chief Deputy or Major positions with
83new personnel, the current occupants of those positions shall
84not be reduced lower than the rank of Captain, which rank shall
85be permanent unless later reduced by disciplinary demotion, and
86their salaries may be reduced accordingly. If the new Sheriff
87fills the Sheriff's Executive Secretary position with a new
88employee, the current occupant of the position shall be
89transferred to another position for which the employee is
90qualified within the Office of the Sheriff. Actions taken
91pursuant to this subsection shall not be appealable under
92section 2.
93     (5)  ADMINISTRATION.--The Sheriff shall have the authority
94to adopt such rules and regulations as are necessary for the
95implementation and administration of this act; however, nothing
96in this act shall be construed as affecting the budgetmaking
97powers of the Board of Commissioners of Wakulla County.
98     Section 2.  Career Service Appeals Boards; creation;
99membership; duties.--
100     (1)  FUNCTION OF CAREER SERVICE APPEALS BOARD.--An ad hoc
101Career Service Appeals Board shall be appointed as provided
102herein for the purpose of hearing appeals of permanent status
103employees arising from personnel actions brought under agency
104rules or policies which result in dismissal, suspension,
105demotion, or reduction in pay, provided that reprimands, oral or
106written, and suspension of 5 working days or less shall not be
107appealable to a Career Service Appeals Board. Any such board may
108also provide assistance and advice to the Sheriff in matters
109concerning disciplinary actions and may take any other action
110authorized by the Sheriff.
111     (2)  MEMBERSHIP AND SELECTION OF CAREER SERVICE APPEALS
112BOARD.--
113     (a)  An ad hoc Career Service Appeals Board shall be
114appointed upon the call of the Sheriff or upon the filing of an
115appeal. The membership of each such board shall consist of five
116law enforcement officers or correctional officers, or a
117combination thereof, all of whom shall be employees of the
118Office of the Sheriff. The Sheriff shall select two members, the
119employee filing the appeal shall select two members, and the
120fifth member, who shall serve as chair of the board, shall be
121selected by the other four members, with the concurrence of the
122Sheriff and the employee requesting the hearing.
123     (b)  The five-member board shall select an alternate board
124member who shall sit for the appeal hearing proceedings. If at
125the conclusion of the hearing, the original five board members
126remain, the alternate member shall be excused and shall have no
127authority to vote or participate in the deliberations. However,
128if at any time during the hearing or prior to deliberations, any
129original board member is unable to continue to serve for any
130reason, the alternate member shall replace that original board
131member. The alternate member who replaces an original board
132member shall then have voting authority and shall participate in
133the deliberations.
134     (c)  The ranking officer in charge of personnel, or his or
135her designee, shall serve as an ex officio member of the board,
136but shall have no vote. Any employee shall have the right to
137decline to serve as a member of a board. Any employee selected
138to serve on a board shall serve without additional compensation
139or overtime compensation with respect to such service. Once
140selected to a board, the members thereof shall serve until final
141action is taken by the board with respect to the purpose for
142which the board was selected, at which time the board shall be
143dissolved.
144     (3)  PROCEDURE WITH RESPECT TO CAREER SERVICE APPEALS.--
145     (a)  An appeal of an action specified in subsection (1)
146shall be made to the Sheriff in writing and must be received by
147the Sheriff no later than 3 working days after the employee is
148notified of the action on which the appeal is based.
149     (b)  A Career Service Appeals Board shall be selected and
150must meet for purposes of hearing the appeal no later than 20
151working days after receipt of an appeal by the Sheriff, unless
152the employee requesting the hearing waives the time period, in
153writing.
154     (c)  During any hearing, the employee filing the appeal
155shall have the right to be heard publicly, to be represented by
156a person of his or her choice, and to present any evidential
157facts in his or her behalf, and during such hearings the
158technical rules of evidence shall not apply. The board shall, in
159the conduct of such hearings, have the power to administer
160oaths, issue subpoenas, compel the attendance of witnesses, and
161require the production of books, records, accounts, papers,
162documents, and testimony. In case of the disobedience of any
163person to comply with an order of the board or a subpoena issued
164by the board, or upon the refusal of a witness to testify on any
165matter regarding which he or she may be lawfully interrogated, a
166county judge of the county in which a person resides, upon
167application of any member of the board, shall compel obedience
168by proceeding as for contempt. Each witness who appears in
169obedience to a subpoena before the board shall receive
170compensation for attendance fees and mileage as provided for
171witnesses in civil cases in the courts of this state. Such
172payments shall be made by the party calling the witness, except
173that with respect to any witnesses called by the board, payments
174shall be made by the Sheriff upon presentation of proper
175vouchers and approval by three members of the board.
176     (d)  Employees who have requested a Career Service Hearing
177may be represented by an attorney or other qualified
178representative, or the employee may represent himself or
179herself. The standard required to prove misconduct is a
180preponderance of the evidence and the procedure for closing
181arguments shall be that, if the employee offers no testimony or
182other evidence, the Sheriff shall have the first closing
183argument and the employee shall follow the Sheriff. Should the
184employee offer any witness testimony, including the employee's
185testimony, or any other evidence, the employee shall have the
186first closing argument and the Sheriff shall follow the
187employee.
188     (e)  A board shall, by majority vote, dispose of the appeal
189for which it was appointed by making findings of fact and
190issuing a written decision. Such decision shall either sustain
191or not sustain the finding of cause. If a finding of cause is
192not sustained by a board, the board shall order such remedial
193action as is appropriate with regard to discipline, which may
194include reinstatement with back pay, and may modify any
195personnel action which was the subject of the appeal. If the
196board sustains the finding by the Sheriff, it shall also
197determine the appropriateness of the discipline imposed by the
198Sheriff. No board shall have the authority to impose on any
199employee any discipline that is harsher than that which formed
200the basis of the appeal. Under no circumstance shall the board
201have the authority to circumvent, modify, alter, or otherwise
202change the rules or policy of the Sheriff.
203     (f)  The decision of the board shall be final and binding
204on the employee and the Sheriff, unless a state court's
205jurisdiction is invoked by appeal or certiorari to review the
206board's action. If the court accepts jurisdiction, the board's
207order shall be stayed pending completion of the court
208proceedings.
209     Section 3.  Complaints against employees; procedure.--
210     (1)  COMPLAINTS AGAINST EMPLOYEES.--A complaint receipt and
211processing procedure shall be established by the Office of the
212Sheriff in order to provide adequately for the prompt receipt,
213investigation, and disposition of complaints against its
214employees.
215     (2)  PROCEDURE WITH RESPECT TO RECEIVING COMPLAINTS AGAINST
216EMPLOYEES.--
217     (a)  Any supervisor of the Office of the Wakulla County
218Sheriff is authorized to receive a complaint against any other
219employee of the Sheriff. All complaints shall be reduced to
220writing and shall be resolved as provided herein.
221     (b)  If a complaint is received by a supervisor during
222normal working hours, the complaint shall be referred to the
223supervisor of the employee against whom the complaint was
224received. The supervisor may conduct an investigation to
225determine if immediate action is needed to preserve the
226integrity of the Office of Sheriff or the supervisor may refer
227the complaint to Internal Affairs or to the appropriate
228investigating unit within the agency.
229     (c)  If a complaint is received after normal working hours,
230it shall be referred to the shift supervisor. The shift
231supervisor may conduct an investigation to determine if
232immediate action is needed to preserve the integrity of the
233Office of Sheriff. If immediate action is not required, the
234complaint may be referred to Internal Affairs or to the
235appropriate investigating unit within the agency at the
236beginning of the next working day, or sooner if required.
237     (d)  Upon completion of the investigation, the complaint
238shall be reviewed by the Sheriff or by his or her designee. If
239the Sheriff finds that a complaint is well founded and that a
240violation has occurred, the Sheriff shall decide upon
241appropriate disciplinary action, and the employee shall be
242notified of the proposed disciplinary action as provided in
243section 1.
244     (e)  If a nonsworn employee is dissatisfied with the
245decision of the Sheriff regarding disciplinary action resulting
246from a complaint, he or she may appeal the action to a Career
247Service Appeals Board.
248     (f)  If an employee who is subject to the provisions of
249section 112.532, Florida Statutes, is dissatisfied with the
250decision of the Sheriff regarding disciplinary action resulting
251from a complaint, he or she may appeal the action to a Career
252Service Appeals Board.
253     Section 4.  All sworn and nonsworn persons in the employ of
254the Office of the Sheriff who have served for a period of 1
255calendar year or more as of the effective date of this act,
256shall be permanent status employees subject to the provisions of
257this act. All other employees shall become permanent employees
258subject to the provisions of this act upon reaching their 1
259calendar year service anniversary date.
260     Section 5.  This act shall take effect upon becoming a law.


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