| 1 | A bill to be entitled |
| 2 | An act relating to the Wakulla County Sheriff's Office; |
| 3 | providing permanent status for certain employees of the |
| 4 | Sheriff; specifying rights of employees; providing |
| 5 | procedures for appeal of disciplinary actions and |
| 6 | complaints against employees; providing for transition |
| 7 | between sheriffs; providing for the appointment of career |
| 8 | service appeals boards to hear appeals and procedures with |
| 9 | respect thereto; providing for complaints against |
| 10 | employees; providing applicability; providing an effective |
| 11 | date. |
| 12 |
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| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
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| 15 | Section 1. Employees of Wakulla County Sheriff; |
| 16 | applicability of act; permanent status of employees; |
| 17 | administration.-- |
| 18 | (1) APPLICABILITY.--The provisions of this act shall apply |
| 19 | to all sworn and nonsworn persons in the employ of the Office of |
| 20 | the Wakulla County Sheriff, including deputy sheriffs. The |
| 21 | provisions of this act shall not apply to the Sheriff, to |
| 22 | special deputy sheriffs appointed pursuant to section 30.09(4), |
| 23 | Florida Statutes, to members of the Sheriff's Posse or Reserve |
| 24 | Unit, or to individuals appointed as part-time deputy sheriffs, |
| 25 | as defined by the Criminal Justice Standards and Training |
| 26 | Commission, unless any such person is also employed full-time by |
| 27 | the Office of the Sheriff. As used in this act, the terms |
| 28 | "employee," "employ," and "employment" shall refer to all |
| 29 | persons, whether employed or appointed, to whom the act applies. |
| 30 | It is not, however, the intent of this act to grant the right of |
| 31 | collective bargaining to persons in the employ of the Office of |
| 32 | the Sheriff who do not otherwise have that right pursuant to |
| 33 | law. |
| 34 | (2) PERMANENT STATUS; CAUSE FOR SUSPENSION OR DISMISSAL.-- |
| 35 | (a) After an employee of the Sheriff to whom the |
| 36 | provisions of this act apply has served in such employment for a |
| 37 | period of 1 calendar year, such employee shall have attained |
| 38 | permanent status in the Office of the Sheriff; provided, that if |
| 39 | an employee is placed on disciplinary probation for a period of |
| 40 | 6 months or more or is terminated and rehired at a later date, |
| 41 | said employee shall be required to complete 1 calendar year of |
| 42 | service from the date of the action before being granted the |
| 43 | right of appeal provided in section 2. An employee who is |
| 44 | promoted to a higher rank or position shall serve a probationary |
| 45 | period of 6 months. A promoted employee shall retain permanent |
| 46 | status, but may be demoted to his or her prior rank or position |
| 47 | during such probationary period without the right of appeal |
| 48 | pursuant to this act. |
| 49 | (b) Any employee who has achieved permanent status in the |
| 50 | Office of the Sheriff may only be suspended or dismissed for |
| 51 | cause, provided that prior to such disciplinary action the |
| 52 | employee must be furnished written notice of the proposed action |
| 53 | and offered an opportunity to respond to the reasons for the |
| 54 | suspension or dismissal. However, in extraordinary situations |
| 55 | such as when delay could result in damage or injury, an employee |
| 56 | may be suspended or dismissed for cause immediately and provided |
| 57 | notice thereof and reasons therefor within 24 hours. Cause for |
| 58 | suspension or dismissal shall include, but not be limited to, |
| 59 | negligence, inefficiency, or inability to perform assigned |
| 60 | duties, insubordination, violation of the provisions of law or |
| 61 | office rules, conduct unbecoming a public employee, misconduct, |
| 62 | or habitual drug abuse. Cause for suspension or dismissal shall |
| 63 | also include adjudication of guilt by a court of competent |
| 64 | jurisdiction, a plea of guilty or nolo contendere, or a jury |
| 65 | verdict of guilty when adjudication of guilt is withheld and the |
| 66 | accused is placed on probation, with respect to any felony, |
| 67 | misdemeanor, or major traffic infraction. The filing of felony, |
| 68 | misdemeanor, or major traffic infraction charges against an |
| 69 | employee shall constitute cause for suspension. |
| 70 | (3) TRANSITION OF EMPLOYEES.--When a newly elected or |
| 71 | appointed Sheriff assumes office, the new Sheriff shall continue |
| 72 | the employment of all currently employed permanent status |
| 73 | personnel unless cause for dismissal, as provided herein, |
| 74 | exists. However, the incoming Sheriff shall have the option of |
| 75 | replacing the current personnel assigned to the positions of |
| 76 | Sheriff's Executive Secretary, Chief Deputy, and Major. If the |
| 77 | incoming Sheriff fills the Chief Deputy or Major positions with |
| 78 | new personnel, the current occupants of those positions shall |
| 79 | not be reduced lower than the rank of Captain, which rank shall |
| 80 | be permanent unless later reduced by disciplinary demotion, and |
| 81 | their salaries may be reduced accordingly. If the new Sheriff |
| 82 | fills the Sheriff's Executive Secretary position with a new |
| 83 | employee, the current occupant of the position shall be |
| 84 | transferred to another position for which the employee is |
| 85 | qualified within the Office of the Sheriff. Actions taken |
| 86 | pursuant to this subsection shall not be appealable under |
| 87 | section 2. |
| 88 | (4) ADMINISTRATION.-- |
| 89 | (a) The Sheriff shall have the authority to adopt such |
| 90 | rules and regulations as are necessary for the implementation |
| 91 | and administration of this act; however, nothing in this act |
| 92 | shall be construed as affecting the budgetmaking powers of the |
| 93 | Board of Commissioners of Wakulla County. |
| 94 | (b) Dismissals or demotions pursuant to across-the-board |
| 95 | actions directed by the Board of Commissioners of Wakulla County |
| 96 | resulting from county fiscal impacts shall not be appealable |
| 97 | under section 2. |
| 98 | Section 2. Career Service Appeals Boards; creation; |
| 99 | membership; duties.-- |
| 100 | (1) FUNCTION OF CAREER SERVICE APPEALS BOARD.--An ad hoc |
| 101 | Career Service Appeals Board shall be appointed as provided |
| 102 | herein for the purpose of hearing appeals of permanent status |
| 103 | employees arising from personnel actions brought under agency |
| 104 | rules or policies which result in dismissal, suspension, |
| 105 | demotion, or reduction in pay, provided that reprimands, oral or |
| 106 | written, and suspension of 5 working days or less shall not be |
| 107 | appealable to a Career Service Appeals Board. Any such board may |
| 108 | also provide assistance and advice to the Sheriff in matters |
| 109 | concerning disciplinary actions and may take any other action |
| 110 | authorized by the Sheriff. |
| 111 | (2) MEMBERSHIP AND SELECTION OF CAREER SERVICE APPEALS |
| 112 | BOARD.-- |
| 113 | (a) An ad hoc Career Service Appeals Board shall be |
| 114 | appointed upon the call of the Sheriff or upon the filing of an |
| 115 | appeal. The membership of each such board shall consist of five |
| 116 | law enforcement officers or correctional officers, or a |
| 117 | combination thereof, all of whom shall be employees of the |
| 118 | Office of the Sheriff. The Sheriff shall select two members, the |
| 119 | employee filing the appeal shall select two members, and the |
| 120 | fifth member, who shall serve as chair of the board, shall be |
| 121 | selected by the other four members. |
| 122 | (b) The five-member board shall select an alternate board |
| 123 | member who shall sit for the appeal hearing proceedings. If at |
| 124 | the conclusion of the hearing, the original five board members |
| 125 | remain, the alternate member shall be excused and shall have no |
| 126 | authority to vote or participate in the deliberations. However, |
| 127 | if at any time during the hearing or prior to deliberations, any |
| 128 | original board member is unable to continue to serve for any |
| 129 | reason, the alternate member shall replace that original board |
| 130 | member. The alternate member who replaces an original board |
| 131 | member shall then have voting authority and shall participate in |
| 132 | the deliberations. |
| 133 | (c) The ranking officer in charge of personnel, or his or |
| 134 | her designee, shall serve as an ex officio member of the board, |
| 135 | but shall have no vote. Any employee shall have the right to |
| 136 | decline to serve as a member of a board. Any employee selected |
| 137 | to serve on a board shall serve without additional compensation |
| 138 | or overtime compensation with respect to such service. Once |
| 139 | selected to a board, the members thereof shall serve until final |
| 140 | action is taken by the board with respect to the purpose for |
| 141 | which the board was selected, at which time the board shall be |
| 142 | dissolved. |
| 143 | (3) PROCEDURE WITH RESPECT TO CAREER SERVICE APPEALS.-- |
| 144 | (a) An appeal of an action specified in subsection (1) |
| 145 | shall be made to the Sheriff in writing and must be received by |
| 146 | the Sheriff no later than 3 working days after the employee is |
| 147 | notified of the action on which the appeal is based. |
| 148 | (b) A Career Service Appeals Board shall be selected and |
| 149 | must meet for purposes of hearing the appeal no later than 20 |
| 150 | working days after receipt of an appeal by the Sheriff, unless |
| 151 | the employee requesting the hearing waives the time period, in |
| 152 | writing. |
| 153 | (c) During any hearing, the employee filing the appeal |
| 154 | shall have the right to be heard publicly, to be represented by |
| 155 | a person of his or her choice, and to present any evidential |
| 156 | facts in his or her behalf, and during such hearings the |
| 157 | technical rules of evidence shall not apply. The board shall, in |
| 158 | the conduct of such hearings, have the power to administer |
| 159 | oaths, issue subpoenas, compel the attendance of witnesses, and |
| 160 | require the production of books, records, accounts, papers, |
| 161 | documents, and testimony. In case of the failure of any person |
| 162 | to obey an order of the board or a subpoena issued by the board, |
| 163 | or upon the refusal of a witness to testify on any matter |
| 164 | regarding which he or she may be lawfully interrogated, the |
| 165 | chair of the board may request a county judge of the county in |
| 166 | which a person resides, to compel compliance by proceeding as |
| 167 | for contempt. Each witness who appears in obedience to a |
| 168 | subpoena before the board shall receive compensation for |
| 169 | attendance fees and mileage as provided for witnesses in civil |
| 170 | cases in the courts of this state. Such payments shall be made |
| 171 | by the party calling the witness, except that with respect to |
| 172 | any witnesses called by the board, payments shall be made by the |
| 173 | Sheriff upon presentation of proper vouchers. |
| 174 | (d) Employees who have requested a Career Service Hearing |
| 175 | may be represented by an attorney or other qualified |
| 176 | representative, or the employee may represent himself or |
| 177 | herself. The standard required to prove misconduct is a |
| 178 | preponderance of the evidence and the procedure for closing |
| 179 | arguments shall be that, if the employee offers no testimony or |
| 180 | other evidence, the Sheriff shall have the first closing |
| 181 | argument and the employee shall follow the Sheriff. Should the |
| 182 | employee offer any witness testimony, including the employee's |
| 183 | testimony, or any other evidence, the employee shall have the |
| 184 | first closing argument and the Sheriff shall follow the |
| 185 | employee. |
| 186 | (e) A board shall, by majority vote, dispose of the appeal |
| 187 | for which it was appointed by making findings of fact and |
| 188 | issuing a written decision. Such decision shall either sustain |
| 189 | or not sustain the finding of cause. If a finding of cause is |
| 190 | not sustained by a board, the board shall order such remedial |
| 191 | action as is appropriate with regard to discipline, which may |
| 192 | include reinstatement with back pay, and may modify any |
| 193 | personnel action which was the subject of the appeal. If the |
| 194 | board sustains the finding by the Sheriff, it shall also |
| 195 | determine the appropriateness of the discipline imposed by the |
| 196 | Sheriff. No board shall have the authority to impose on any |
| 197 | employee any discipline that is harsher than that which formed |
| 198 | the basis of the appeal. Under no circumstance shall the board |
| 199 | have the authority to circumvent, modify, alter, or otherwise |
| 200 | change the rules or policy of the Sheriff. |
| 201 | (f) The decision of the board shall be final and binding |
| 202 | on the employee and the Sheriff, unless a state court's |
| 203 | jurisdiction is invoked by appeal or certiorari to review the |
| 204 | board's action. If the court accepts jurisdiction, the board's |
| 205 | order shall be stayed pending completion of the court |
| 206 | proceedings. |
| 207 | Section 3. Complaints against employees; procedure.-- |
| 208 | (1) COMPLAINTS AGAINST EMPLOYEES.--A complaint receipt and |
| 209 | processing procedure shall be established by the Office of the |
| 210 | Sheriff in order to provide adequately for the prompt receipt, |
| 211 | investigation, and disposition of complaints against its |
| 212 | employees. |
| 213 | (2) PROCEDURE WITH RESPECT TO RECEIVING COMPLAINTS AGAINST |
| 214 | EMPLOYEES.-- |
| 215 | (a) Any supervisor of the Office of the Wakulla County |
| 216 | Sheriff is authorized to receive a complaint against any other |
| 217 | employee of the Sheriff. All complaints shall be reduced to |
| 218 | writing and shall be resolved as provided herein. |
| 219 | (b) If a complaint is received by a supervisor during |
| 220 | normal working hours, the complaint shall be referred to the |
| 221 | supervisor of the employee against whom the complaint was |
| 222 | received. The supervisor may conduct an investigation to |
| 223 | determine if immediate action is needed to preserve the |
| 224 | integrity of the Office of Sheriff or the supervisor may refer |
| 225 | the complaint to Internal Affairs or to the appropriate |
| 226 | investigating unit within the agency. |
| 227 | (c) If a complaint is received after normal working hours, |
| 228 | it shall be referred to the shift supervisor. The shift |
| 229 | supervisor may conduct an investigation to determine if |
| 230 | immediate action is needed to preserve the integrity of the |
| 231 | Office of Sheriff. If immediate action is not required, the |
| 232 | complaint may be referred to Internal Affairs or to the |
| 233 | appropriate investigating unit within the agency at the |
| 234 | beginning of the next working day, or sooner if required. |
| 235 | (d) Upon completion of the investigation, the complaint |
| 236 | shall be reviewed by the Sheriff or by his or her designee. If |
| 237 | the Sheriff finds that a complaint is well founded and that a |
| 238 | violation has occurred, the Sheriff shall decide upon |
| 239 | appropriate disciplinary action, and the employee shall be |
| 240 | notified of the proposed disciplinary action as provided in |
| 241 | section 1. |
| 242 | (e) If a nonsworn employee is dissatisfied with the |
| 243 | decision of the Sheriff regarding disciplinary action resulting |
| 244 | from a complaint, he or she may appeal the action to a Career |
| 245 | Service Appeals Board. |
| 246 | (f) If an employee who is subject to the provisions of |
| 247 | section 112.532, Florida Statutes, is dissatisfied with the |
| 248 | decision of the Sheriff regarding disciplinary action resulting |
| 249 | from a complaint, he or she may appeal the action to a Career |
| 250 | Service Appeals Board. |
| 251 | Section 4. All sworn and nonsworn persons in the employ of |
| 252 | the Office of the Sheriff who have served for a period of 1 |
| 253 | calendar year or more as of the effective date of this act, |
| 254 | shall be permanent status employees subject to the provisions of |
| 255 | this act. All other employees shall become permanent employees |
| 256 | subject to the provisions of this act upon reaching their 1 |
| 257 | calendar year service anniversary date. |
| 258 | Section 5. This act shall take effect upon becoming a law. |