CS/CS/HB 887

1
A bill to be entitled
2An act relating to the Career Service System; amending s.
3110.227, F.S.; revising criteria for certain rules and
4procedures for the suspension, reduction in pay, transfer,
5layoff, demotion, and dismissal of employees in the career
6service; increasing the amounts of time in which to submit
7grievances and respond to grievances; revising notice
8requirements; increasing the amount of time in which the
9employee must file an appeal to the Public Employees
10Relations Commission; revising procedures applicable to
11appeals filed with the commission; providing for the
12removal and placement of certain career service employees
13serving a probationary period; providing an effective
14date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18     Section 1.  Subsections (2), (4), (5), and (6) of section
19110.227, Florida Statutes, are amended, and subsection (8) is
20added to that section, to read:
21     110.227  Suspensions, dismissals, reductions in pay,
22demotions, layoffs, transfers, and grievances.--
23     (2)(a)  The department shall establish rules and procedures
24for the suspension, reduction in pay, transfer, layoff,
25demotion, and dismissal of employees in the career service.
26Except with regard to law enforcement or correctional officers,
27firefighters, or professional health care providers, rules
28regarding layoff procedures shall not include any system whereby
29a career service employee with greater seniority has the option
30of selecting a different position not being eliminated, but
31either vacant or already occupied by an employee of less
32seniority, and taking that position, commonly referred to as
33"bumping."
34     (b)  For the implementation of layoffs as defined in s.
35110.107, the department shall develop rules requiring retention
36of the agency's employees based upon objective measures that
37give consideration to be given to comparative merit,
38demonstrated skills, and the employee's experience, and the
39employee's length of service. Such rules shall be approved by
40the Administration Commission before prior to their adoption by
41the department.
42     (4)  A grievance process shall be available to career
43service employees who have satisfactorily completed at least a
441-year probationary period in their current positions. A
45grievance is defined as the dissatisfaction that occurs when an
46employee believes that any condition affecting the employee is
47unjust, inequitable, or a hindrance to effective operation.
48Claims of discrimination and sexual harassment or claims related
49to suspensions, reductions in pay, demotions, and dismissals are
50not subject to the career service grievance process. The
51following procedures shall apply to any grievance filed pursuant
52to this subsection, except that all timeframes may be extended
53in writing by mutual agreement:
54     (a)  Step One.--The employee may submit a signed, written
55grievance on a form provided by the agency to his or her
56supervisor within 14 7 calendar days following the occurrence of
57the event giving rise to the grievance. The supervisor must meet
58with the employee to discuss the grievance within and provide a
59written response to the employee within 7 5 business days
60following receipt of the grievance.
61     (b)  Step Two.--If the employee is dissatisfied with the
62response of his or her supervisor, the employee may submit the
63written grievance to the agency head or his or her designee
64within 7 2 business days following receipt of the supervisor's
65written response. The agency head or his or her designee must
66meet with the employee to discuss the grievance within 5
67business days following receipt of the grievance. The agency
68head or his or her designee must respond in writing to the
69employee within 5 business days following the meeting. The
70written decision of the agency head shall be the final authority
71for all grievances filed pursuant to this subsection. Such
72grievances may not be appealed beyond Step Two.
73     (5)(a)  A career service employee who has satisfactorily
74completed at least a 1-year probationary period in his or her
75current position and who is subject to a suspension, reduction
76in pay, demotion, involuntary transfer of more than 50 miles by
77highway, or dismissal shall receive written notice of such
78action at least 10 days prior to the date such action is to be
79taken. Subsequent to such notice, and prior to the date the
80action is to be taken, the affected employee shall be given an
81opportunity to appear before the agency or official taking the
82action to answer orally and in writing the charges against him
83or her. The notice to the employee required by this paragraph
84may be delivered to the employee personally or may be sent by
85certified mail with return receipt requested. Such actions shall
86be appealable to the Public Employees Relations Commission as
87provided in subsection (6). Written notice of any such appeal
88shall be filed by the employee with the commission within 21 14
89calendar days after the date on which the notice of suspension,
90reduction in pay, demotion, involuntary transfer of more than 50
91miles by highway, or dismissal is received by the employee.
92     (b)  In extraordinary situations such as when the retention
93of a career service employee who has satisfactorily completed at
94least a 1-year probationary period in his or her current
95position would result in damage to state property, would be
96detrimental to the best interest of the state, or would result
97in injury to the employee, a fellow employee, or some other
98person, such employee may be suspended or dismissed without 10
99days' prior notice, provided that written or oral notice of such
100action, evidence of the reasons therefor, and an opportunity to
101rebut the charges are furnished to the employee prior to such
102dismissal or suspension. Such notice may be delivered to the
103employee personally or may be sent by certified mail with return
104receipt requested. Agency compliance with the foregoing
105procedure requiring notice, evidence, and an opportunity for
106rebuttal must be substantiated. Any employee who is suspended or
107dismissed pursuant to the provisions of this paragraph may
108appeal to the Public Employees Relations Commission as provided
109in subsection (6). Written notice of any such appeal shall be
110filed with the commission by the employee within 21 14 days
111after the date on which the notice of suspension, reduction in
112pay, demotion, or dismissal is received by the employee.
113     (6)  The following procedures shall apply to appeals filed
114pursuant to subsection (5) with the Public Employees Relations
115Commission, hereinafter referred to as the commission:
116     (a)  The commission must conduct a hearing within 60 30
117calendar days following the filing of a notice of appeal. No
118extension of time for the hearing may exceed 30 calendar days,
119absent exceptional circumstances, and no extension of time may
120be granted without the consent of all parties. Discovery may be
121granted only upon the showing of extraordinary circumstances. A
122party requesting discovery shall demonstrate a substantial need
123for the information requested and an inability to obtain
124relevant information by other means. Except where inconsistent
125with the requirements of this subsection, the provisions of s.
126447.503(4) and (5) and chapter 120 apply to proceedings held
127pursuant to this subsection.
128     (b)  A person may represent himself or herself in
129proceedings before the commission or may be represented by legal
130counsel or by any individual who qualifies as a representative
131pursuant to rules adopted by the commission.
132     (c)  If the commission finds that cause did not exist for
133the agency action, the commission shall reverse the decision of
134the agency head and the employee shall be reinstated with or
135without back pay. If the commission finds that cause existed for
136the agency action, the commission shall affirm the decision of
137the agency head. The commission may not reduce the penalty
138imposed by the agency head, except in the case of law
139enforcement or correctional officers, firefighters, and
140professional health care providers, if the commission makes
141specific written findings of mitigation.
142     (d)  A recommended order shall be issued by the hearing
143officer within 30 days following the hearing. Exceptions to the
144recommended order shall be filed within 15 5 business days after
145the recommended order is issued. The final order shall be filed
146by the commission no later than 30 calendar days after the
147hearing or after the filing of exceptions or oral arguments if
148granted.
149     (e)  Final orders issued by the commission pursuant to
150paragraph (d) shall be reviewable as provided in s. 447.504.
151     (8)  A career service employee who is serving a
152probationary period in a position to which he or she has been
153promoted may be removed from that promotional position at any
154time during the probationary period without a showing of cause
155but must be returned to his or her former position or
156occupational group and occupational level from which he or she
157was promoted, provided that a position is available. However, if
158the position is unavailable, this subsection does not authorize
159the practice of "bumping" as described in paragraph (2)(a).
160     Section 2.  This act shall take effect July 1, 2008.


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