HB 887

1	A bill to be entitled
2	An act relating to the Career Service System; amending s.
3	110.227, F.S.; revising requirements for disciplining an
4	employee; revising which employees may be suspended or
5	dismissed only for cause; revising criteria for certain
6	rules and procedures for the suspension, reduction in pay,
7	transfer, layoff, demotion, and dismissal of employees in
8	the career service; revising provisions relating to the
9	applicability of layoff procedures; providing that the
10	grievance process shall be available to all career service
11	employees; increasing the amounts of time in which to
12	submit grievances and respond to grievances; revising what
13	written decisions of the agency shall be the final
14	authority for all grievances at the Step Two level;
15	authorizing certain Step Two grievances to be submitted to
16	the Department of Management Services; revising notice
17	requirements; providing for the removal and placement of
18	certain career service employees serving a probationary
19	period; authorizing certain employees to appeal to the
20	Public Employees Relations Commission; increasing the
21	amount of time in which the employee must file an appeal;
22	revising procedures applicable to appeals filed with the
23	commission; providing an effective date.
24
25	Be It Enacted by the Legislature of the State of Florida:
26
27	Section 1.  Section 110.227, Florida Statutes, is amended
28	to read:
29	110.227  Suspensions, dismissals, reductions in pay,
30	demotions, layoffs, transfers, and grievances.--
31	(1)  Any employee who has permanent status in the Career
32	Service System by satisfactorily completing completed at least a
33	1-year probationary period in a career service his or her
34	current position and has subsequently been continuously employed
35	thereafter in a career service position may be suspended or
36	dismissed only for cause. Cause shall include, but is not
37	limited to, poor performance, negligence, inefficiency or
38	inability to perform assigned duties, insubordination, violation
39	of the provisions of law or agency rules, conduct unbecoming a
40	public employee, misconduct, habitual drug abuse, or conviction
41	of any crime. The agency head shall ensure that all employees of
42	the agency have reasonable access to the agency's personnel
43	manual.
44	(2)  The department shall establish rules and procedures
45	for the suspension, reduction in pay, transfer, layoff,
46	demotion, and dismissal of employees in the career service.
47	Except with regard to law enforcement or correctional officers,
48	firefighters, or professional health care providers, and all
49	other career service employees who have achieved permanent
50	status in the Career Service System by satisfactorily completing
51	a probationary period of at least 1 year and being continuously
52	employed as a career service employee thereafter, rules
53	regarding layoff procedures shall not include any system whereby
54	an a career service employee with greater seniority has the
55	option of selecting a different position not being eliminated,
56	but either vacant or already occupied by an employee of less
57	seniority, and taking that position, commonly referred to as
58	"bumping." For the implementation of layoffs as defined in s.
59	110.107, the department shall develop rules requiring retention
60	of the agency's best employees, upon that consideration of
61	objective measures of be given to comparative merit,
62	demonstrated skills, and the employee's experience. Such rules
63	shall be approved by the Administration Commission prior to
64	their adoption by the department.
65	(3)(a)  With regard to law enforcement or correctional
66	officers, firefighters, or professional health care providers,
67	and all other career service employees who have achieved
68	permanent status in the Career Service System by satisfactorily
69	completing a probationary period of at least 1 year and been
70	continuously employed as a career service employee thereafter,
71	when a layoff becomes necessary, such layoff shall be conducted
72	within the competitive area identified by the agency head and
73	approved by the Department of Management Services. Such
74	competitive area shall be established taking into consideration
75	the similarity of work; the organizational unit, which may be by
76	agency, department, division, bureau, or other organizational
77	unit; and the commuting area for the work affected.
78	(b)  With regard to law enforcement or correctional
79	officers, firefighters, or professional health care providers,
80	and all other career service employees who have achieved
81	permanent status in the Career Service System by satisfactorily
82	completing a probationary period of at least 1 year and been
83	continuously employed as a career service employee thereafter,
84	layoff procedures shall be developed to establish the relative
85	merit and fitness of employees and shall include a formula for
86	uniform application among all employees in the competitive area,
87	taking into consideration the type of appointment, the length of
88	service, and the evaluations of the employee's performance
89	within the last 5 years of employment.
90	(4)  A grievance process shall be available to career
91	service employees who have satisfactorily completed at least a
92	1-year probationary period in their current positions. A
93	grievance is defined as the dissatisfaction that occurs when an
94	employee believes that any condition affecting the employee is
95	unjust, inequitable, or a hindrance to effective operation.
96	Claims of discrimination and sexual harassment or claims related
97	to suspensions, reductions in pay, demotions, and dismissals are
98	not subject to the career service grievance process. The
99	following procedures shall apply to any grievance filed pursuant
100	to this subsection, except that all timeframes may be extended
101	in writing by mutual agreement:
102	(a)  Step One.--The employee may submit a signed, written
103	grievance on a form provided by the agency to his or her
104	supervisor within 14 7 calendar days following the occurrence of
105	the event giving rise to the grievance. The supervisor must meet
106	with the employee to discuss the grievance within and provide a
107	written response to the employee 7 5 business days following
108	receipt of the grievance.
109	(b)  Step Two.--If the employee is dissatisfied with the
110	response of his or her supervisor, the employee may submit the
111	written grievance to the agency head or his or her designee
112	within 7 2 business days following receipt of the supervisor's
113	written response. The agency head or his or her designee must
114	meet with the employee to discuss the grievance within 5
115	business days following receipt of the grievance. The agency
116	head or his or her designee must respond in writing to the
117	employee within 5 business days following the meeting. The
118	written decision of the agency head shall be the final authority
119	for all grievances filed pursuant to this subsection not
120	involving an allegation of the agency's failure to comply with
121	the provisions of the Personnel Rules and Regulations. A claim
122	of a violation of the provisions of the Personnel Rules and
123	Regulations entitles the employee to pursue review of the filed
124	grievance through the Department of Management Services if the
125	employee is dissatisfied with the agency head's or his or her
126	designee's decision. Such grievances may not be appealed beyond
127	Step Two.
128	(5)(a)  An A career service employee who has permanent
129	status in the Career Service System satisfactorily completed at
130	least a 1-year probationary period in his or her current
131	position and who is subject to a lay off, suspension, reduction
132	in pay, demotion, involuntary transfer of more than 50 miles by
133	highway, or dismissal shall receive written notice of such
134	action at least 10 days prior to the date such action is to be
135	taken. Subsequent to such notice, and prior to the date the
136	action is to be taken, the affected employee shall be given an
137	opportunity to appear before the agency or official taking the
138	action to answer orally and in writing the charges against him
139	or her. The notice to the employee required by this paragraph
140	may be delivered to the employee personally or may be sent by
141	certified mail with return receipt requested. Such actions shall
142	be appealable to the Public Employees Relations Commission as
143	provided in subsection (6). Written notice of any such appeal
144	shall be filed by the employee with the commission within 21 14
145	calendar days after the date on which the notice of lay off,
146	suspension, reduction in pay, demotion, involuntary transfer of
147	more than 50 miles by highway, or dismissal is received by the
148	employee.
149	(b)  A career service employee who has previously attained
150	permanent status in the Career Service System, but is serving a
151	probationary period in a position to which he or she has been
152	promoted, may be removed from that promotional position at any
153	time during the probationary period without a showing of cause
154	but must be returned to his or her former position or
155	occupational group and occupational level from which he or she
156	was promoted.
157	(c)(b)  In extraordinary situations such as when the
158	retention of a career service employee who has permanent status
159	in the Career Service System satisfactorily completed at least a
160	1-year probationary period in his or her current position would
161	result in damage to state property, would be detrimental to the
162	best interest of the state, or would result in injury to the
163	employee, a fellow employee, or some other person, such employee
164	may be suspended or dismissed without 10 days' prior notice,
165	provided that written or oral notice of such action, evidence of
166	the reasons therefor, and an opportunity to rebut the charges
167	are furnished to the employee prior to such dismissal or
168	suspension. Such notice may be delivered to the employee
169	personally or may be sent by certified mail with return receipt
170	requested. Agency compliance with the foregoing procedure
171	requiring notice, evidence, and an opportunity for rebuttal must
172	be substantiated. Any employee who is suspended or dismissed
173	pursuant to the provisions of this paragraph may appeal to the
174	Public Employees Relations Commission as provided in subsection
175	(6). Written notice of any such appeal shall be filed with the
176	commission by the employee within 21 14 days after the date on
177	which the notice of suspension, reduction in pay, demotion, or
178	dismissal is received by the employee.
179	(6)  The following procedures shall apply to appeals filed
180	pursuant to subsection (5) with the Public Employees Relations
181	Commission, hereinafter referred to as the commission:
182	(a)  The commission must conduct a hearing within 60 30
183	calendar days following the filing of a notice of appeal. No
184	extension of time for the hearing may exceed 30 calendar days,
185	absent exceptional circumstances, and no extension of time may
186	be granted without the consent of all parties. Discovery may be
187	granted only upon the showing of extraordinary circumstances. A
188	party requesting discovery shall demonstrate a substantial need
189	for the information requested and an inability to obtain
190	relevant information by other means. Except where inconsistent
191	with the requirements of this subsection, the provisions of s.
192	447.503(4) and (5) and chapter 120 apply to proceedings held
193	pursuant to this subsection.
194	(b)  A person may represent himself or herself in
195	proceedings before the commission or may be represented by legal
196	counsel or by any individual who qualifies as a representative
197	pursuant to rules adopted by the commission.
198	(c)  If the commission finds that cause did not exist for
199	the agency action, the commission shall reverse the decision of
200	the agency head and the employee shall be reinstated with or
201	without back pay. If the commission finds that just cause
202	existed for the agency action, the commission shall consider
203	mitigation of the discipline for any appropriate cause and
204	affirm the decision of the agency head. The commission may not
205	reduce the penalty imposed by the agency head, except in the
206	case of law enforcement or correctional officers, firefighters,
207	and professional health care providers, and all other career
208	service employees who have achieved permanent status in the
209	Career Service System by satisfactorily completing a
210	probationary period of at least 1 year and been continuously
211	employed as a career service employee thereafter, if the
212	commission makes specific written findings of mitigation.
213	(d)  A recommended order shall be issued by the hearing
214	officer within 30 days following the hearing. Exceptions to the
215	recommended order shall be filed within 15 5 business days after
216	the recommended order is issued. The final order shall be filed
217	by the commission no later than 30 calendar days after the
218	hearing or after the filing of exceptions or oral arguments if
219	granted.
220	(e)  Final orders issued by the commission pursuant to
221	paragraph (d) shall be reviewable as provided in s. 447.504.
222	(7)  Other than for law enforcement or correctional
223	officers, firefighters, and professional health care providers,
224	and all other career service employees who have achieved
225	permanent status in the Career Service System by satisfactorily
226	completing a probationary period of at least 1 year and being
227	continuously employed as a career service employee thereafter,
228	each suspension, dismissal, demotion, or reduction in pay must
229	be reviewed without consideration of any other case or set of
230	facts.
231	Section 2.  This act shall take effect July 1, 2008.

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