CS/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)(a)  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, rules
49	regarding layoff procedures shall not include any system whereby
50	a career service employee with greater seniority has the option
51	of selecting a different position not being eliminated, but
52	either vacant or already occupied by an employee of less
53	seniority, and taking that position, commonly referred to as
54	"bumping."
55	(b)  For the implementation of layoffs as defined in s.
56	110.107, the department shall develop rules requiring retention
57	of the agency's employees based upon objective measures of
58	length of service, that consideration be given to comparative
59	merit, demonstrated skills, and the employee's experience. Such
60	rules shall be approved by the Administration Commission before
61	prior to their adoption by the department.
62	(3)(a)  With regard to law enforcement or correctional
63	officers, firefighters, or professional health care providers,
64	and all other career service employees who have achieved
65	permanent status in the Career Service System by satisfactorily
66	completing a probationary period of at least 1 year and been
67	continuously employed as a career service employee thereafter,
68	when a layoff becomes necessary, such layoff shall be conducted
69	within the competitive area identified by the agency head and
70	approved by the Department of Management Services. Such
71	competitive area shall be established taking into consideration
72	the similarity of work; the organizational unit, which may be by
73	agency, department, division, bureau, or other organizational
74	unit; and the commuting area for the work affected.
75	(b)  With regard to law enforcement or correctional
76	officers, firefighters, or professional health care providers,
77	and all other career service employees who have achieved
78	permanent status in the Career Service System by satisfactorily
79	completing a probationary period of at least 1 year and been
80	continuously employed as a career service employee thereafter,
81	layoff procedures shall be developed to establish the relative
82	merit and fitness of employees and shall include a formula for
83	uniform application among all employees in the competitive area,
84	taking into consideration the type of appointment, the length of
85	service, and the evaluations of the employee's performance
86	within the last 5 years of employment.
87	(4)  A grievance process shall be available to career
88	service employees who have satisfactorily completed at least a
89	1-year probationary period in their current positions. A
90	grievance is defined as the dissatisfaction that occurs when an
91	employee believes that any condition affecting the employee is
92	unjust, inequitable, or a hindrance to effective operation.
93	Claims of discrimination and sexual harassment or claims related
94	to suspensions, reductions in pay, demotions, and dismissals are
95	not subject to the career service grievance process. The
96	following procedures shall apply to any grievance filed pursuant
97	to this subsection, except that all timeframes may be extended
98	in writing by mutual agreement:
99	(a)  Step One.--The employee may submit a signed, written
100	grievance on a form provided by the agency to his or her
101	supervisor within 14 7 calendar days following the occurrence of
102	the event giving rise to the grievance. The supervisor must meet
103	with the employee to discuss the grievance within and provide a
104	written response to the employee 7 5 business days following
105	receipt of the grievance.
106	(b)  Step Two.--If the employee is dissatisfied with the
107	response of his or her supervisor, the employee may submit the
108	written grievance to the agency head or his or her designee
109	within 7 2 business days following receipt of the supervisor's
110	written response. The agency head or his or her designee must
111	meet with the employee to discuss the grievance within 5
112	business days following receipt of the grievance. The agency
113	head or his or her designee must respond in writing to the
114	employee within 5 business days following the meeting. The
115	written decision of the agency head shall be the final authority
116	for all grievances filed pursuant to this subsection not
117	involving an allegation of the agency's failure to comply with
118	the provisions of the Personnel Rules and Regulations. A claim
119	of a violation of the provisions of the Personnel Rules and
120	Regulations entitles the employee to pursue review of the filed
121	grievance through the Department of Management Services if the
122	employee is dissatisfied with the agency head's or his or her
123	designee's decision. Such grievances may not be appealed beyond
124	Step Two.
125	(5)(a)  An A career service employee who has permanent
126	status in the Career Service System satisfactorily completed at
127	least a 1-year probationary period in his or her current
128	position and who is subject to a lay off, suspension, reduction
129	in pay, demotion, involuntary transfer of more than 50 miles by
130	highway, or dismissal shall receive written notice of such
131	action at least 10 days prior to the date such action is to be
132	taken. Subsequent to such notice, and prior to the date the
133	action is to be taken, the affected employee shall be given an
134	opportunity to appear before the agency or official taking the
135	action to answer orally and in writing the charges against him
136	or her. The notice to the employee required by this paragraph
137	may be delivered to the employee personally or may be sent by
138	certified mail with return receipt requested. Such actions shall
139	be 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	more than 50 miles by highway, or dismissal is received by the
145	employee.
146	(b)  A career service employee who has previously attained
147	permanent status in the Career Service System, but is serving a
148	probationary period in a position to which he or she has been
149	promoted, may be removed from that promotional position at any
150	time during the probationary period without a showing of cause
151	but must be returned to his or her former position or
152	occupational group and occupational level from which he or she
153	was promoted, provided that the position is available. If the
154	position is unavailable, then the agency should make every
155	effort to retain the employee, subject to the provisions of
156	paragraph (2)(a).
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 or affirm
204	the decision of the agency head. The commission may not reduce
205	the penalty imposed by the agency head, except in the case of
206	law enforcement or correctional officers, firefighters, and
207	professional health care providers, and all other career service
208	employees who have achieved permanent status in the Career
209	Service System by satisfactorily completing a probationary
210	period of at least 1 year and been continuously employed as a
211	career service employee thereafter, if the commission makes
212	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 January 1, 2009.

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