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


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