1

A bill to be entitled

2

An act relating to career service employees; amending s.

3

110.227, F.S.; revising requirements for disciplining an

4

employee and which employees are subject to certain

5

personnel actions; specifying the requirements for

6

achieving permanent status in the Career Service System;

7

revising criteria for certain rules and procedures for the

8

suspension, reduction in pay, transfer, layoff, demotion,

9

and dismissal of career service employees; including

10

career service employees with other employees who may be

11

"bumped"; revising provisions relating to the

12

applicability of layoff procedures; providing that the

13

grievance process is available to all career service

14

employees; increasing the amounts of time in which to

15

submit grievances and respond to grievances; revising what

16

written decisions of the agency are the final authority

17

for all grievances at the Step Two level; authorizing

18

certain Step Two grievances to be submitted to the

19

Department of Management Services; revising notice

20

requirements; providing for the removal and placement of

21

certain career service employees serving a probationary

22

period; authorizing certain employees to appeal to the

23

Public Employees Relations Commission; increasing the

24

amount of time in which the employee must file an appeal;

25

revising procedures applicable to appeals filed with the

26

commission; providing for mitigation in disciplinary

27

actions; revising which actions must be reviewed without

28

consideration of any other case or set of facts; providing

29

an effective date.

30

31

Be It Enacted by the Legislature of the State of Florida:

32

33

     Section 1.  Section 110.227, Florida Statutes, is amended to

34

read:

35

     110.227  Suspensions, dismissals, reductions in pay,

36

demotions, layoffs, transfers, and grievances.--

37

     (1) Any employee who has achieved permanent status in the

38

Career Service System by satisfactorily completing completed at

39

least a 1-year probationary period in a career service his or her

40

current position and who has been continuously employed

41

thereafter in a career service position may be suspended or

42

dismissed only for cause. Cause includes shall include, but is

43

not limited to, poor performance, negligence, inefficiency or

44

inability to perform assigned duties, insubordination, violation

45

of the provisions of law or agency rules, conduct unbecoming a

46

public employee, misconduct, habitual drug abuse, or conviction

47

of any crime. The agency head shall ensure that all employees of

48

the agency have reasonable access to the agency's personnel

49

manual.

50

     (2)  The department shall establish rules and procedures for

51

the suspension, reduction in pay, transfer, layoff, demotion, and

52

dismissal of employees in the career service. Except for with

53

regard to law enforcement or correctional officers, firefighters,

54

or professional health care providers, and all other career

55

service employees who have achieved permanent status, rules

56

regarding layoff procedures may shall not include any system

57

whereby an a career service employee with greater seniority has

58

the option of selecting a different position not being eliminated

59

that is, but either vacant or already occupied by an employee of

60

less seniority, and taking that position, commonly referred to as

61

"bumping." For the implementation of layoffs as defined in s.

62

110.107, the department shall develop rules requiring retention

63

of the agency's employees based upon objective measures of that

64

consideration be given to comparative merit, demonstrated skills,

65

and the employee's experience. Such rules must shall be approved

66

by the Administration Commission before prior to their adoption

67

by the department.

68

     (3)(a) With regard to law enforcement or correctional

69

officers, firefighters, or professional health care providers,

70

and all other career service employees who have achieved

71

permanent status:

72

     (a) If when a layoff becomes necessary, the such layoff

73

shall be conducted within the competitive area identified by the

74

agency head and approved by the department of Management

75

Services. Identification of the Such competitive area shall take

76

be established taking into consideration the similarity of work;

77

the organizational unit, which may be by agency, department,

78

division, bureau, or other organizational unit; and the commuting

79

area for the work affected.

80

     (b) With regard to law enforcement or correctional

81

officers, firefighters, or professional health care providers,

82

Layoff procedures shall be developed to establish the relative

83

merit and fitness of employees and shall include a formula for

84

uniform application among all employees in the competitive area,

85

taking into consideration the type of appointment, the length of

86

service, and the evaluations of the employee's performance within

87

the last 5 years of employment.

88

     (4)  A grievance process shall be available to career

89

service employees who have satisfactorily completed at least a 1-

90

year probationary period in their current positions. A grievance

91

is defined as the dissatisfaction that occurs when an employee

92

believes that a any condition affecting the employee is unjust,

93

inequitable, or a hindrance to effective operation. Claims of

94

discrimination and sexual harassment or claims related to

95

suspensions, reductions in pay, demotions, and dismissals are not

96

subject to the career service grievance process. The following

97

procedures shall apply to any grievance filed pursuant to this

98

subsection, except that all timeframes may be extended in writing

99

by mutual agreement:

100

     (a)  Step One.--The employee may submit a signed, written

101

grievance on a form provided by the agency to his or her

102

supervisor within 14 7 calendar days after following the

103

occurrence of the event giving rise to the grievance. The

104

supervisor must meet with the employee to discuss the grievance

105

within and provide a written response to the employee within 7 5

106

business days after following receipt of the grievance.

107

     (b)  Step Two.--If the employee is dissatisfied with the

108

response of his or her supervisor, the employee may submit the

109

written grievance to the agency head or his or her designee

110

within 7 2 business days after following receipt of the

111

supervisor's written response. The agency head or his or her

112

designee must meet with the employee to discuss the grievance

113

within 5 business days after following receipt of the grievance.

114

The agency head or his or her designee must respond in writing to

115

the employee within 5 business days after following the meeting.

116

The written decision of the agency head shall be the final

117

authority for all grievances filed pursuant to this subsection

118

not involving an allegation of the agency's failure to comply

119

with the uniform personnel rules of the agency as established

120

under s. 110.201. A claim of the violation of the agency's

121

personnel rules entitles the employee to pursue a review of the

122

grievance through the department if the grievant is dissatisfied

123

with the agency head's or his or her designee's decision. Such

124

grievances may not be appealed beyond Step Two.

125

     (5)(a) A career service employee who has permanent status

126

satisfactorily completed at least a 1-year probationary period in

127

his or her current position and who is subject to a lay off,

128

suspension, reduction in pay, demotion, involuntary transfer of

129

more than 50 miles by highway, or dismissal shall receive written

130

notice of such action within at least 10 days before prior to the

131

date such action is to be taken. Subsequent to such notice, and

132

before prior to the date the action is to be taken, the affected

133

employee shall be given an opportunity to appear before the

134

agency or official taking the action to answer orally and in

135

writing the charges against him or her, as appropriate. The

136

notice to the employee required by this paragraph may be

137

delivered to the employee personally or may be sent by certified

138

mail with return receipt requested. Such actions are shall be

139

appealable to the Public Employees Relations Commission as

140

provided in subsection (6). Written notice of any such appeal

141

shall be filed by the employee with the commission within 21 14

142

calendar days after the date on which the notice of lay off,

143

suspension, reduction in pay, demotion, involuntary transfer of

144

50 miles or more, or dismissal is received by the employee.

145

     (b) A career service employee who has attained permanent

146

status, but who is serving a probationary period in a position to

147

which he or she has been promoted, may be removed from that

148

promotional position at any time during the probationary period

149

without a showing of cause but must be returned to his or her

150

former position or occupational group and occupational level from

151

which he or she was promoted.

152

     (c)(b) In extraordinary situations such as when the

153

retention of a career service employee who has permanent status

154

satisfactorily completed at least a 1-year probationary period in

155

his or her current position would result in damage to state

156

property, would be detrimental to the best interest of the state,

157

or would result in injury to the employee, a fellow employee, or

158

some other person, the such employee may be suspended or

159

dismissed without 10 days' prior notice, provided that written or

160

oral notice of such action, evidence of the reasons for the

161

action therefor, and an opportunity to rebut the charges are

162

furnished to the employee prior to such dismissal or suspension.

163

The Such notice may be delivered to the employee personally or

164

may be sent by certified mail with return receipt requested.

165

Agency compliance with the requirements for foregoing procedure

166

requiring notice, evidence, and an opportunity for rebuttal must

167

be substantiated. Any employee who is suspended or dismissed

168

pursuant to the provisions of this paragraph may appeal to the

169

Public Employees Relations Commission as provided in subsection

170

(6). Written notice of any such appeal shall be filed with the

171

commission by the employee within 21 14 days after the date on

172

which the notice of suspension, reduction in pay, demotion, or

173

dismissal is received by the employee.

174

     (6) The following procedures shall apply to appeals filed

175

pursuant to subsection (5) with the Public Employees Relations

176

Commission, hereinafter referred to as the Commission:

177

     (a) The commission must conduct a hearing within 60 30

178

calendar days after following the filing of a notice of appeal.

179

An No extension of time for the hearing may not exceed 30

180

calendar days, absent exceptional circumstances, and no extension

181

of time may not be granted without the consent of all parties.

182

Discovery may be granted only upon the showing of extraordinary

183

circumstances. A party requesting discovery shall demonstrate a

184

substantial need for the information requested and an inability

185

to obtain relevant information by other means. Except where

186

inconsistent with the requirements of this subsection, the

187

provisions of s. 447.503(4) and (5) and chapter 120 apply to

188

proceedings held pursuant to this subsection.

189

     (b)  A person may represent himself or herself in

190

proceedings before the commission or may be represented by legal

191

counsel or by any individual who qualifies as a representative

192

pursuant to rules adopted by the commission.

193

     (c)  If the commission finds that cause did not exist for

194

the agency action, the commission shall reverse the decision of

195

the agency head and the employee shall be reinstated with or

196

without back pay. If the commission finds that just cause existed

197

for the agency action, the commission shall consider mitigation

198

of the discipline for any appropriate cause or affirm the

199

decision of the agency head. The commission may not reduce the

200

penalty imposed by the agency head, except in the case of law

201

enforcement or correctional officers, firefighters, and

202

professional health care providers and all other career service

203

employees who have achieved permanent status, if the commission

204

makes specific written findings of mitigation.

205

     (d)  A recommended order shall be issued by the hearing

206

officer within 30 days after following the hearing. Exceptions to

207

the recommended order must shall be filed within 15 5 business

208

days after the recommended order is issued. The final order shall

209

be filed by the commission within no later than 30 calendar days

210

after the hearing or after the filing of exceptions or oral

211

arguments if granted.

212

     (e)  Final orders issued by the commission pursuant to

213

paragraph (d) shall be reviewable as provided in s. 447.504.

214

     (7)  Other than for law enforcement or correctional

215

officers, firefighters, and professional health care providers,

216

and all other career service employees who have achieved

217

permanent status, each suspension, dismissal, demotion, or

218

reduction in pay must be reviewed without consideration of any

219

other case or set of facts.

220

     Section 2.  This act shall take effect July 1, 2008.