| 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 45 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 but must be returned to his |
| 155 | or her former position, or comparable position, if such a |
| 156 | position is vacant. If such a position is not available, before |
| 157 | dismissal, the agency shall make a reasonable effort to retain |
| 158 | the employee in another vacant position. This subsection does |
| 159 | not apply to terminations for cause as described in subsection |
| 160 | (1), nor does it create a right to "bump" an employee from an |
| 161 | occupied position as described in paragraph (2)(a). |
| 162 | Section 2. This act shall take effect January 1, 2009. |