1 | A bill to be entitled |
2 | An act relating to the Career Service System; amending s. |
3 | 110.227, F.S.; revising criteria for certain rules and |
4 | procedures for the suspension, reduction in pay, transfer, |
5 | layoff, demotion, and dismissal of employees in the career |
6 | service; increasing the amounts of time in which to submit |
7 | grievances and respond to grievances; revising notice |
8 | requirements; increasing the amount of time in which the |
9 | employee must file an appeal to the Public Employees |
10 | Relations Commission; revising procedures applicable to |
11 | appeals filed with the commission; providing for the |
12 | removal and placement of certain career service employees |
13 | serving a probationary period; providing an effective |
14 | date. |
15 |
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16 | Be It Enacted by the Legislature of the State of Florida: |
17 |
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18 | Section 1. Subsections (2), (4), (5), and (6) of section |
19 | 110.227, Florida Statutes, are amended, and subsection (8) is |
20 | added to that section, to read: |
21 | 110.227 Suspensions, dismissals, reductions in pay, |
22 | demotions, layoffs, transfers, and grievances.-- |
23 | (2)(a) The department shall establish rules and procedures |
24 | for the suspension, reduction in pay, transfer, layoff, |
25 | demotion, and dismissal of employees in the career service. |
26 | Except with regard to law enforcement or correctional officers, |
27 | firefighters, or professional health care providers, rules |
28 | regarding layoff procedures shall not include any system whereby |
29 | a career service employee with greater seniority has the option |
30 | of selecting a different position not being eliminated, but |
31 | either vacant or already occupied by an employee of less |
32 | seniority, and taking that position, commonly referred to as |
33 | "bumping." |
34 | (b) For the implementation of layoffs as defined in s. |
35 | 110.107, the department shall develop rules requiring retention |
36 | of the agency's employees based upon objective measures that |
37 | give consideration to be given to comparative merit, |
38 | demonstrated skills, and the employee's experience, and the |
39 | employee's length of service. Such rules shall be approved by |
40 | the Administration Commission before prior to their adoption by |
41 | the department. |
42 | (4) A grievance process shall be available to career |
43 | service employees who have satisfactorily completed at least a |
44 | 1-year probationary period in their current positions. A |
45 | grievance is defined as the dissatisfaction that occurs when an |
46 | employee believes that any condition affecting the employee is |
47 | unjust, inequitable, or a hindrance to effective operation. |
48 | Claims of discrimination and sexual harassment or claims related |
49 | to suspensions, reductions in pay, demotions, and dismissals are |
50 | not subject to the career service grievance process. The |
51 | following procedures shall apply to any grievance filed pursuant |
52 | to this subsection, except that all timeframes may be extended |
53 | in writing by mutual agreement: |
54 | (a) Step One.--The employee may submit a signed, written |
55 | grievance on a form provided by the agency to his or her |
56 | supervisor within 14 7 calendar days following the occurrence of |
57 | the event giving rise to the grievance. The supervisor must meet |
58 | with the employee to discuss the grievance within and provide a |
59 | written response to the employee within 7 5 business days |
60 | following receipt of the grievance. |
61 | (b) Step Two.--If the employee is dissatisfied with the |
62 | response of his or her supervisor, the employee may submit the |
63 | written grievance to the agency head or his or her designee |
64 | within 7 2 business days following receipt of the supervisor's |
65 | written response. The agency head or his or her designee must |
66 | meet with the employee to discuss the grievance within 5 |
67 | business days following receipt of the grievance. The agency |
68 | head or his or her designee must respond in writing to the |
69 | employee within 5 business days following the meeting. The |
70 | written decision of the agency head shall be the final authority |
71 | for all grievances filed pursuant to this subsection. Such |
72 | grievances may not be appealed beyond Step Two. |
73 | (5)(a) A career service employee who has satisfactorily |
74 | completed at least a 1-year probationary period in his or her |
75 | current position and who is subject to a suspension, reduction |
76 | in pay, demotion, involuntary transfer of more than 50 miles by |
77 | highway, or dismissal shall receive written notice of such |
78 | action at least 10 days prior to the date such action is to be |
79 | taken. Subsequent to such notice, and prior to the date the |
80 | action is to be taken, the affected employee shall be given an |
81 | opportunity to appear before the agency or official taking the |
82 | action to answer orally and in writing the charges against him |
83 | or her. The notice to the employee required by this paragraph |
84 | may be delivered to the employee personally or may be sent by |
85 | certified mail with return receipt requested. Such actions shall |
86 | be appealable to the Public Employees Relations Commission as |
87 | provided in subsection (6). Written notice of any such appeal |
88 | shall be filed by the employee with the commission within 21 14 |
89 | calendar days after the date on which the notice of suspension, |
90 | reduction in pay, demotion, involuntary transfer of more than 50 |
91 | miles by highway, or dismissal is received by the employee. |
92 | (b) In extraordinary situations such as when the retention |
93 | of a career service employee who has satisfactorily completed at |
94 | least a 1-year probationary period in his or her current |
95 | position would result in damage to state property, would be |
96 | detrimental to the best interest of the state, or would result |
97 | in injury to the employee, a fellow employee, or some other |
98 | person, such employee may be suspended or dismissed without 10 |
99 | days' prior notice, provided that written or oral notice of such |
100 | action, evidence of the reasons therefor, and an opportunity to |
101 | rebut the charges are furnished to the employee prior to such |
102 | dismissal or suspension. Such notice may be delivered to the |
103 | employee personally or may be sent by certified mail with return |
104 | receipt requested. Agency compliance with the foregoing |
105 | procedure requiring notice, evidence, and an opportunity for |
106 | rebuttal must be substantiated. Any employee who is suspended or |
107 | dismissed pursuant to the provisions of this paragraph may |
108 | appeal to the Public Employees Relations Commission as provided |
109 | in subsection (6). Written notice of any such appeal shall be |
110 | filed with the commission by the employee within 21 14 days |
111 | after the date on which the notice of suspension, reduction in |
112 | pay, demotion, or dismissal is received by the employee. |
113 | (6) The following procedures shall apply to appeals filed |
114 | pursuant to subsection (5) with the Public Employees Relations |
115 | Commission, hereinafter referred to as the commission: |
116 | (a) The commission must conduct a hearing within 60 30 |
117 | calendar days following the filing of a notice of appeal. No |
118 | extension of time for the hearing may exceed 30 calendar days, |
119 | absent exceptional circumstances, and no extension of time may |
120 | be granted without the consent of all parties. Discovery may be |
121 | granted only upon the showing of extraordinary circumstances. A |
122 | party requesting discovery shall demonstrate a substantial need |
123 | for the information requested and an inability to obtain |
124 | relevant information by other means. Except where inconsistent |
125 | with the requirements of this subsection, the provisions of s. |
126 | 447.503(4) and (5) and chapter 120 apply to proceedings held |
127 | pursuant to this subsection. |
128 | (b) A person may represent himself or herself in |
129 | proceedings before the commission or may be represented by legal |
130 | counsel or by any individual who qualifies as a representative |
131 | pursuant to rules adopted by the commission. |
132 | (c) If the commission finds that cause did not exist for |
133 | the agency action, the commission shall reverse the decision of |
134 | the agency head and the employee shall be reinstated with or |
135 | without back pay. If the commission finds that cause existed for |
136 | the agency action, the commission shall affirm the decision of |
137 | the agency head. The commission may not reduce the penalty |
138 | imposed by the agency head, except in the case of law |
139 | enforcement or correctional officers, firefighters, and |
140 | professional health care providers, if the commission makes |
141 | specific written findings of mitigation. |
142 | (d) A recommended order shall be issued by the hearing |
143 | officer within 30 days following the hearing. Exceptions to the |
144 | recommended order shall be filed within 15 5 business days after |
145 | the recommended order is issued. The final order shall be filed |
146 | by the commission no later than 30 calendar days after the |
147 | hearing or after the filing of exceptions or oral arguments if |
148 | granted. |
149 | (e) Final orders issued by the commission pursuant to |
150 | paragraph (d) shall be reviewable as provided in s. 447.504. |
151 | (8) A career service employee who is serving a |
152 | probationary period in a position to which he or she has been |
153 | promoted may be removed from that promotional position at any |
154 | time during the probationary period without a showing of cause |
155 | but must be returned to his or her former position or |
156 | occupational group and occupational level from which he or she |
157 | was promoted, provided that a position is available. However, if |
158 | the position is unavailable, this subsection does not authorize |
159 | the practice of "bumping" as described in paragraph (2)(a). |
160 | Section 2. This act shall take effect July 1, 2008. |