HB 507

1	A bill to be entitled
2	An act relating to Bradford County; providing career
3	service status for certain employees of the Bradford
4	County Sheriff's Office; providing definitions; providing
5	for transition between administrations; providing for
6	appeals procedures; providing for career service appeals
7	boards; providing proceedings and provisions with respect
8	to disciplinary suspension and dismissal; providing
9	severability; providing an effective date.
10
11	Be It Enacted by the Legislature of the State of Florida:
12
13	Section 1.  Employees and appointees of the Bradford County
14	Sheriff's Office; applicability of act; definitions; career
15	service status; transitions; administration.--
16	(1)  APPLICABILITY.--The provisions of this act apply to
17	all certified and noncertified persons appointed or employed by
18	the Bradford County Sheriff's Office, with the following
19	exceptions:
20	(a)  Majors or, in the event of a title change, the highest
21	ranked certified law enforcement officers reporting directly to
22	the sheriff.
23	(b)  Special deputy sheriffs appointed under section
24	30.09(4), Florida Statutes.
25	(c)  Members of a sheriff's posse or reserve unit.
26	(d)  Part-time appointees and employees.
27	(e)  Independent contractors, temporary employees, or
28	contract employees.
29	(f)  Appointees and employees employed pursuant to a grant
30	the continued existence or funding of which is subject to the
31	expiration or withdrawal of the grant provider.
32	(2)  APPLICATION TO COLLECTIVE BARGAINING.--This act does
33	not grant the right of collective bargaining to employees of the
34	sheriff's office who do not otherwise have that right pursuant
35	to law.
36	(3)  NONDISCIPLINARY DISMISSALS.--This act does not cover
37	the nondisciplinary dismissal of employees or appointees. Such
38	nondisciplinary dismissals include those arising from a
39	reduction in force, layoff, or partial or total abolition or
40	cessation of a program, service, operation, department,
41	subdivision, or grant-funded position.
42	(4)  DEFINITIONS.--
43	(a)  "Appointee" means a person selected by the sheriff to
44	serve in the position of deputy sheriff or correctional officer
45	who is certified within the meaning of chapter 943, Florida
46	Statutes.
47	(b)  "Career appeals board" means the ad hoc board
48	authorized under this act to hear disciplinary appeals.
49	(c)  "Dismissal" means the discharge or withdrawal of
50	appointment by the sheriff or his or her designee of a person
51	employed or appointed to a position with the sheriff's office.
52	(d)  "Employee" means any person employed by the sheriff
53	for a position that does not require certification under chapter
54	943, Florida Statutes.
55	(e)  "Initial probationary period" means 1 year of
56	conditional employment or appointment commencing on the initial
57	date of actual work and continuing for 12 months in a regularly
58	established position. This probationary period may be extended
59	at the discretion of the sheriff for a period equal to any work
60	absences during the 12-month period. For the purpose of
61	determining career service status pursuant to paragraph (5)(a),
62	all time in the employment of the sheriff's office, while in a
63	Criminal Justice Standards and Training Commission-approved
64	academy or other comparable training for certification as a
65	sworn officer or deputy sheriff, shall not be considered in any
66	manner in determining whether the employee has attained a
67	minimum of 1 calendar year of service.
68	(f)  "Reemployment" means the reappointment or reemployment
69	of a person who was previously an appointee or employee of the
70	sheriff's office.
71
72	For the purposes of this act, "appointee" and "employee" are
73	synonymous and any derivative of "employ" refers to the persons
74	to whom this act applies.
75	(5)  CAREER SERVICE STATUS.--
76	(a)  After any employee or appointee of the sheriff to whom
77	the provisions of this act apply has completed the initial or
78	extended probationary period, such person shall have attained
79	career service status in the sheriff's office. If such person is
80	reemployed at a later date, said person shall be required to
81	again complete the probationary period before being granted the
82	right of appeal provided in section 2.
83	(b)  The sheriff may dismiss an appointee or employee who
84	has not completed the initial or extended probationary period at
85	any time without granting the right of appeal provided in
86	section 2.
87	(c)  Any person who has attained career service status with
88	the sheriff's office may only be suspended or dismissed for
89	cause, provided that, prior to such action, the employee must be
90	provided with written notice of the proposed action and offered
91	an opportunity to respond to the reasons for the suspension or
92	dismissal. If, however, the sheriff perceives a significant
93	hazard in keeping the employee on the job, or where delay could
94	result in damage or injury, the employee may be immediately
95	suspended or dismissed without notice, provided, that the
96	employee is provided with such notice and reasons within 24
97	hours. Cause for suspension or dismissal includes, but is not
98	limited to, negligence, inefficiency or inability to perform
99	assigned duties, insubordination, violation of provisions of law
100	or office rules, conduct unbecoming a public employee,
101	misconduct, alcohol abuse, prescription drug abuse, or illegal
102	drug use. Cause for suspension or dismissal also includes, but
103	is not limited to, adjudication of guilt by a court of competent
104	jurisdiction, a plea of guilty or of nolo contendere, or a
105	verdict of guilty when adjudication of guilt is withheld and the
106	accused is placed on probation with respect to any felony,
107	misdemeanor, or major traffic infraction charges.
108	(d)  An employee or appointee who has achieved career
109	service status is entitled to appeal a disciplinary suspension
110	or dismissal to a career service appeals board.
111	(6)  TRANSITION.--When a newly elected or appointed sheriff
112	assumes office, all career service status appointees and
113	employees shall remain employees of the new administration,
114	unless cause for dismissal exists.
115	(a)  The new sheriff may demote employees holding the rank
116	of captain or lieutenant one rank below that held on the day
117	before the new sheriff assumes office. The regular base salaries
118	of these employees may be adjusted accordingly.
119	(b)  The new sheriff may assign the personnel/budget
120	director and the sheriff's secretary to the next lowest position
121	classification within the pay and classification system, and
122	adjust their regular base salaries accordingly.
123	(7)  ADMINISTRATION.--The sheriff shall have the authority
124	to adopt such rules and regulations as are necessary for the
125	implementation and administration of this act; however, nothing
126	in this act shall be construed as affecting the budget-making
127	powers of the Board of County Commissioners of Bradford County.
128	Section 2.  Career service appeals boards; creation;
129	membership; duties.--
130	(1)  FUNCTION OF BOARDS.--Ad hoc career service appeals
131	boards shall be appointed for the purpose of hearing appeals of
132	employees having career service status arising from their
133	disciplinary suspension or dismissal. A career service appeals
134	board shall be utilized to make a nonbinding recommendation to
135	the sheriff as to whether the suspension or dismissal was for a
136	violation of sheriff's office policy, rule, regulation,
137	procedure, or practice. Any such board may also provide
138	assistance and advice to the sheriff in matters concerning
139	disciplinary suspension or dismissal and may take any other
140	actions authorized by the sheriff.
141	(2)  MEMBERSHIP OF BOARD.--Upon the call of the sheriff or
142	upon the filing of an appeal, an ad hoc career service appeals
143	board shall be appointed. The membership of each board shall
144	consist of four appointees or employees of the sheriff's office
145	and one citizen who is not an employee of the sheriff's office.
146	Two members shall be selected by the employee or appointee
147	filing the appeal; two members shall be selected by the sheriff;
148	and the fifth member, who shall not be an employee of the
149	sheriff's office and shall serve as the chair of the board,
150	shall be selected by the other four members. Any employee may
151	decline to serve as a member of the board.
152	(a)  The hearing shall be conducted during the sheriff's
153	office administrative office hours; therefore, employees
154	selected to serve on the board shall serve without additional
155	compensation. Once selected, the members of the board shall
156	serve until the board issues its recommendations to the
157	sheriff's office and, unless reconvened, the board shall be
158	dissolved.
159	(b)  The personnel/budget director or his or her designee
160	shall serve as an ex officio member of the board for the purpose
161	of providing procedural guidance to the board concerning the
162	application of this act and any rules or regulations adopted by
163	the sheriff relating thereto, but such ex officio member shall
164	have no vote.
165	(3)  PROCEDURE WITH RESPECT TO APPEALS.--An employee or
166	appointee who has achieved career service status may submit a
167	written request for a hearing to the sheriff or his or her
168	designee within 7 calendar days after receiving a notice of
169	suspension or dismissal that shall be hand delivered or sent
170	certified mail, return receipt requested. The appeal must
171	contain a brief statement of the matters to be considered by the
172	career service appeals board and the names of the employees
173	selected to serve on the board.
174	(a)  A career appeals board shall be selected and shall
175	meet for the purpose of hearing the appeal within 30 calendar
176	days after receipt of the notice of appeal. However, an
177	extension of time may be granted by the chair for good cause or
178	upon agreement of the parties.
179	(b)  The person filing the appeal has the right to a public
180	hearing; to be represented by a person of his or her choice; to
181	present relevant evidence; and to cross-examine witnesses.
182	(c)  The rules of evidence and civil procedure are not
183	applicable to hearings conducted under this act.
184	(d)  The board, in conducting such hearings, shall have the
185	power to issue subpoenas upon the request of any party or upon
186	its own motion.
187	(e)  The board shall, by majority vote, dispose of the
188	appeal for which it was appointed by making findings of fact and
189	issuing its written recommendations to the sheriff for
190	consideration. The sheriff shall retain the right of final
191	determination and no person may be reinstated with or without
192	back pay or benefits without the concurrence of the sheriff.
193	Section 3.  Severability.--The provisions of this act shall
194	be severable, and if any provision is held invalid by a court of
195	competent jurisdiction, the decision of the court shall not
196	affect the validity of the remaining provisions except to the
197	extent that an entire section or part of a section may be
198	inseparably connected in meaning and effect with the section or
199	part of a section to which such holding directly applies.
200	Section 4.  This act shall take effect upon becoming a law.

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