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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to Leon County; amending ch. 83 -456, 2
Laws of Florida; providing applicability; providing 3
for permanent status; providing cause for suspension 4
or dismissal; providing for transition to new Sheriff; 5
providing beginning date of employees; revising 6
procedures of Career Service Appeals Boards; requiring 7
the Sheriff to be represented by the Sheriff's General 8
Counsel or other specified representative; pro hibiting 9
certain evidence from inclusion; authorizing the 10
chairperson to rule on the admissibility of evidence; 11
deleting provisions relating to complaints against 12
employees, Complaint Review Boards, and employment 13
status of commissioned and noncommissioned employees; 14
providing severability; providing an effective date. 15
16
Be It Enacted by the Legislature of the State of Florida: 17
18
Section 1. Chapter 83 -456, Laws of Florida, is amended to 19
read: 20
Section 1. Employees of Leon County Sheriff's Office 21
Career Service Employees' Sheriff; applicability of Act; 22
permanent status of employees; administration .— 23
(1) APPLICABILITY.—The transition provisions of this act 24
shall apply to all full-time sworn commissioned and civilian 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
employees noncommissioned persons in the employ of the Office of 26
the Leon County Sheriff's Office Sheriff, including deputy 27
sheriffs. The provisions of this act shall not apply to the 28
following: Sheriff, sworn personnel of the rank of captain or 29
higher, civilian personnel of the rank of d irector or higher; or 30
to special deputy sheriffs appointed pursuant to s. 30.09(4), 31
Florida Statutes, members of the Sheriff's Posse or Reserve 32
Unit, and individuals appointed as part -time deputy sheriffs, as 33
defined by the Criminal Justice Standards and T raining 34
Commission, unless any such person is also employed full-time by 35
the Leon County Sheriff's Office of the Sheriff. As used in this 36
act, the terms "employee," "employ," and "employment," and 37
"member" shall refer to all persons , whether employed or 38
appointed, to whom the act applies. It is not, however, the 39
intent of this act to grant the right to of collective 40
bargaining to persons in the employ of the Office of the Leon 41
County Sheriff's Office Sheriff who do not otherwise have that 42
right pursuant to law. 43
(2) PERMANENT STATUS; CAUSE FOR SUSPENSION OR DISMISSAL. — 44
(a) After an employee of the Sheriff to whom the 45
provisions of this act apply has served in such employment for a 46
period of 1 calendar year, such employee shall have attained 47
permanent status with in the Leon County Sheriff's Office of the 48
Sheriff; provided that if such an employee is placed on 49
disciplinary probation for a period of 6 months or more or is 50
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terminated and rehired at a later date, said employee shall be 51
required to complete 1 c alendar year of service from the date of 52
the action before being granted permanent status and the right 53
to of appeal, regardless of the reason for the disciplinary 54
probation or termination provided in Section 2 . Any employee who 55
is required to serve a probationary period attendant to a 56
promotion shall retain permanent status in the Office of the 57
Sheriff, but may be demoted to his or her prior rank during such 58
probationary period without the right of appeal as pr ovided in 59
Section 3 Section 2. 60
(b) Any employee who has achieved permanent status in the 61
Leon County Sheriff's Office of the Sheriff may only be 62
suspended or dismissed for cause; provided that prior to such 63
action, the employee must be furnished written notice of the 64
proposed action and offered an opportunity to respond to the 65
reasons for the suspension or dismissal. However, in 66
extraordinary situations, such as when delay could result in 67
damage or injury, an employee may be suspended or dismissed for 68
cause immediately and provided notice thereof and reasons 69
therefor within 24 hours afterwards. Cause for suspension or 70
dismissal shall include, but not be limited to, negligence, 71
inefficiency or inability to perform assigned duties, 72
insubordination, willful v iolation of the provisions of law or 73
Office rules, conduct unbecoming a public employee, misconduct, 74
or habitual drug abuse. Cause for suspension or dismissal shall 75
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also include adjudication of guilt by a court of competent 76
jurisdiction, a plea of guilty o r of nolo contendere, or a jury 77
verdict of guilty when adjudication of guilt is withheld and the 78
accused is placed on probation, with respect to any felony, 79
misdemeanor or major traffic infraction. The filing of felony, 80
misdemeanor, or major traffic infrac tion charges against an 81
employee shall constitute cause for suspension. 82
(3) TRANSITION OF CAREER SERVICE EMPLOYEES.—When a newly 83
elected or appointed Sheriff assumes office, the new Sheriff 84
shall continue the employment of all currently employed 85
permanent personnel with the exceptions of those positions 86
defined in subsection (1), unless there is just cause for 87
dismissal, provided herein, exists . However, The new incoming 88
Sheriff shall have the option of maintaining the current 89
employees personnel assigned to exempt the positions of 90
Executive Secretary, Administrative Major, and Operations Major . 91
If the new incoming Sheriff fills the exempt sworn staff Major 92
positions with new members personnel, the new Sheriff has the 93
option of dismissing the prior current occupants of those 94
positions from employment, demoting the prior occupant to a 95
prior permanent non-exempt position or rank held prior to 96
appointment to exempt status, reducing the person to the rank of 97
deputy sheriff, or offering the prior occupant a tran sfer to any 98
position for which he or she may be qualified and paid at a rate 99
commensurate therewith shall be reduced to the rank of Captain, 100
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which rank shall be permanent unless later reduced by 101
disciplinary demotion, and their salaries may be reduced 102
accordingly. If the new incoming Sheriff so desires, exempt non -103
sworn civilian employees may fills the Executive Secretary 104
position with a new employee, the current occupant of the 105
position shall be transferred to positions another position for 106
which they may be the employee is qualified and paid at a rate 107
commensurate therewith within the Office of the Sheriff . Actions 108
taken pursuant to this section subsection affecting the exempt 109
Major positions are and the Executive Secretary position shall 110
not be appealable under Section 2. 111
(4) ADMINISTRATION. —The Sheriff shall have the authority 112
to adopt such rules and regulations as are necessary for the 113
implementation and administration of this act; however, nothing 114
in this act shall be construed as affecting the budget-making 115
powers of the Board of County Commissioners of Leon County. 116
Section 2. Beginning date. — 117
(1) All sworn and civilian persons in the employ of the 118
Leon County Sheriff's Office on the effective date of this act 119
who have served for a pe riod of 1 calendar year or more as of 120
such date shall be permanent employees subject to the provisions 121
of this act. All other employees shall become permanent 122
employees subject to the provisions of this act upon reaching 123
their 1 calendar year service anniv ersary date. Promotions, 124
probationary service periods, demotions, transfers, and 125
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suspensions will not and do not affect the determination of the 126
original career service beginning date (anniversary date) of 127
employment for Leon County Sheriff's Office employ ees. The 128
beginning date (anniversary date) of employment for sworn 129
employees is and will be the date the Sheriff swears the 130
officers in as law enforcement officers. The beginning of 131
service for civilian employees will be the beginning date 132
(anniversary date) as indicated by personnel and payroll 133
records. 134
(2) Any provisions of this act shall not add to or detract 135
from the constitutional authority of the Sheriff. 136
Section 3. Section 2. Career Service Appeals Board Boards; 137
creation; membership; procedures duties.— 138
(1) FUNCTION OF BOARDS. —Ad hoc Career Service Appeals 139
Boards shall be appointed as provided herein for the purpose of 140
hearing appeals of permanent employees arising from personnel 141
actions brought under Office rules or policies which result in 142
dismissal, suspension, demotion, or reduction in pay; provided 143
that reprimands, oral or written, and suspensions of 3 5 working 144
days or less shall not be appealable to a Board. Any such Board 145
may also provide assistance and advice to the Sheriff in matters 146
concerning disciplinary actions, and may take any other action 147
authorized by the Sheriff. 148
(2) MEMBERSHIP OF BOARDS. —When needed upon the call of the 149
Sheriff, or upon the filing of an appeal, an ad hoc Career 150
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Service Appeals Board shall be appointed. The membership of each 151
such Board shall consist of five employees of the Office of the 152
Sheriff. Two members shall be selected by the Sheriff, two 153
members shall be selected by the employee filing the appeal, and 154
the fifth member, who shall serve as chairperson chairman of the 155
Board, shall be selected by the other four members. The ranking 156
officer in charge of personnel shall serve as an ex officio 157
member of the Board, but shall have no vote. Any employee shall 158
have the right to decline to serve as a member of a Board, and 159
employees selected to serve on a Board shall serve without 160
additional compensation or overtime compensation with respect to 161
such service. Once selected to a board, the members thereof 162
shall serve until final action is taken by the Board with 163
respect to the purpose for which the Board was selected, at 164
which time the Board shall be dissolved. 165
(3) PROCEDURE WITH RESPECT TO APPEALS. — 166
(a) An appeal of an action specified in subsection (1) 167
shall be made to the Sheriff in writing, and must be received 168
within by the Sheriff no later than 3 business working days 169
after the employee is notified of the action on which the appeal 170
is based. Business days are Monday through Friday, excluding 171
holidays recognized by the Leon County Sheriff's Office. 172
(b) A Career Servic e Appeals Board shall be selected and 173
must meet for purposes of hearing the appeal no later than 15 174
business working days after receipt of an appeal by the Sheriff. 175
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The ranking officer in charge of personnel is responsible for 176
scheduling the date, time, an d location of meetings; notifying 177
members of the Career Service Appeals Board; and posting such 178
notice as may be required by law. In the case of an unpaid 179
suspension, the disciplinary action shall be stayed pending the 180
completion of the review process. 181
(c) During any hearing, the employee filing the appeal 182
shall have the right to be heard publicly, to be represented by 183
a person of his or her choice, and to present any evidential 184
facts on in his or her behalf. The Sheriff will be represented 185
by the Sheriff's General Counsel or other representative 186
designated by the Sheriff. , and During such hearings the 187
technical rules of evidence shall not apply. However, 188
irrelevant, immaterial, or unduly repetitious evidence shall be 189
excluded. All other evidence as would be admissible in the 190
courts of Florida shall be admissible. Hearsay evidence may be 191
introduced and used. The chairperson will rule on the 192
admissibility of evidence if objections are raised. The Board 193
shall, in the conduct of such hearings, have the power t o 194
administer oaths, issue subpoenas, compel the attendance of 195
witnesses, and require the production of books, records, 196
accounts, papers, documents, and testimony. In case of 197
disobedience of any person to comply with an order of the Board 198
or a subpoena issued by the Board, or upon the refusal of a 199
witness to testify on any matter regarding which he or she may 200
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be lawfully interrogated, a County Judge of the county in which 201
a person resides, upon application of the chairperson any member 202
of the Board, shall co mpel obedience by proceeding as for 203
contempt. Each witness who appears in obedience to a subpoena 204
before the Board shall receive compensation for attendance fees 205
and mileage as provided for witnesses in civil cases in the 206
courts of this state. Such payment s shall be made by the party 207
calling the witness; except that with respect to any witnesses 208
called by the Board, payments shall be made by the Sheriff upon 209
presentation of proper vouchers and approval by three members of 210
the Board. 211
(d) A Board shall by m ajority vote dispose of the appeal 212
for which it was appointed by making findings of fact and 213
issuing a written decision. Such decision shall either sustain 214
or not sustain the disciplinary action being appealed. If an 215
action by the Sheriff is not sustained by a Board, the Board 216
shall order such remedial action as is appropriate, which may 217
include reinstatement with back pay, and may modify any 218
personnel action which was the subject of the appeal. No Board 219
shall have the authority to impose on any employee an y penalty 220
which is more harsh than that which formed the basis of the 221
appeal. 222
(e) The decision of the Board shall be final and binding 223
on the employee and the Sheriff. 224
Section 3. Complaints against employees; procedure; 225
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Complaint Review Board. — 226
(1) COMPLAINTS AGAINST EMPLOYEES. —A complaint receipt and 227
processing procedure shall be established in order to provide 228
adequately for the prompt receipt, investigation, and 229
disposition of complaints against employees of the Office of the 230
Leon County Sheriff. 231
(2) PROCEDURE WITH RESPECT TO COMPLAINTS. — 232
(a) Any employee of the Sheriff is authorized to receive a 233
complaint against any other employee of the Sheriff. All 234
complaints shall be reduced to writing and shall be resolved as 235
provided herein: 236
1. If a complaint is received by an employee during normal 237
working hours, the complaint shall be referred to the 238
appropriate Division Commander unless the receiving employee is 239
able to resolve the complaint, in which case the complaint and 240
resolution shall be repor ted in writing to the Division 241
Commander. If the complainant wishes to see the Sheriff, he 242
shall be accommodated. 243
2. If a complaint is received after normal working hours, 244
it shall be referred to the Watch Commander unless the receiving 245
employee is able to resolve the complaint, in which case the 246
complaint and resolution shall be reported in writing to the 247
Watch Commander. The Watch Commander, in his discretion, shall 248
conduct an investigation to determine if immediate action is 249
needed to preserve the inte grity of the Office of the Sheriff. 250
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If immediate action is not required, the complaint shall be 251
referred to the appropriate Division Commander at the beginning 252
of the next working day, or sooner if required. 253
(b) All complaints shall be reviewed by the Sh eriff. If 254
the Sheriff has reason to believe that the complaint is well 255
founded, he shall review the complaint with the employee's 256
appropriate chain of command. 257
(c) If the Sheriff finds the complaint to be unfounded, a 258
written report shall be filed for information only, and a copy 259
of the report shall be given to the employee. 260
(d) If the Sheriff finds that a complaint is well founded 261
and that a violation has occurred, the Sheriff shall decide upon 262
appropriate disciplinary action, and the employee shall be 263
notified of the proposed disciplinary action as provided in 264
Section 1. 265
(e) If a nonsworn employee is dissatisfied with the 266
decision of the Sheriff regarding disciplinary action resulting 267
from a complaint, he may appeal the action to a Career Service 268
Appeals Board. 269
(f) If an employee who is subject to the provisions of s. 270
112.532, Florida Statutes, is dissatisfied with the decision of 271
the Sheriff regarding disciplinary action resulting from a 272
complaint, he may appeal the action to a Career Service App eals 273
Board, or he may first request a Complaint Review Board under 274
the provisions of s. 112.532, Florida Statutes, as provided in 275
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Section 4. 276
Section 4. Complaint Review Boards; membership; 277
procedure.— 278
(1) BOARDS; MEMBERSHIP. —If any employee who is su bject to 279
the provisions of s. 112.532, Florida Statutes, requests a 280
Complaint Review Board as provided in Section 3, the Sheriff 281
shall so call. Such a board shall be composed of the following 282
personnel, all of whom shall be law enforcement officers as 283
defined by the Criminal Justice Standards and Training 284
Commission, and who may be selected from any state, county, or 285
municipal agency within Leon County: 286
(a) Two members selected by the Sheriff, not from the 287
employee's chain of command; 288
(b) Two members selected by the employee; and 289
(c) A fifth member mutually selected by the other four 290
members, provided that the fifth member shall serve as chairman 291
of the Board and may be selected from the employee's chain of 292
command. 293
(d) The ranking officer in charge of personnel shall serve 294
as an ex officio member of the Board, but shall have no vote. 295
(2) PROCEDURE WITH RESPECT TO COMPLAINTS. — 296
(a) A Complaint Review Board shall hear all of the facts 297
contained in the accusation against the employee. The accused 298
shall be present during the presentation of all allegations, 299
witnesses, and evidence and shall have the right to question the 300
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accuser and all witnesses and to present any witnesses in his 301
own behalf. The Board shall also have the right to question the 302
accuser and all witnesses. 303
(b) A Complaint Review Board, based upon its 304
investigations and deliberations, shall determine by majority 305
vote whether the complaint is: 306
1. "Unfounded," if the complaint is conclusively proved to 307
be unfounded. 308
2. "Not Sustained," if the evidence is insufficient to 309
clearly prove or disprove the allegation; 310
3. "Sustained," if there is sufficient evidence to clearly 311
prove the complaint; or 312
4. That the accused is "exonerated" if the acts which were 313
the basis of the complaint occur red, but were justified, proper, 314
and lawful. 315
(c) If a Board finds that an accused is "exonerated," or 316
that a complaint is "unfounded" or "not sustained," it shall 317
forward written notice thereof to the Sheriff and to the 318
employee within 24 hours after the decision is reached. 319
(d)1. If a Board finds that a complaint is "sustained," it 320
shall submit to the Sheriff and to the employee within 24 hours 321
after reaching the decision written findings stating the law, 322
rule, regulation or policy violated, as well as any 323
recommendations regarding disciplinary action to be taken 324
against the accused. 325
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2. The Sheriff, after notification of a finding of 326
"sustained," shall consult with the employee's chain of command 327
to review the findings and recommendations of the Board , and the 328
Sheriff may take such disciplinary action as he deems 329
appropriate. 330
3. The decision of the Sheriff with respect to the 331
findings of a Board and resulting disciplinary action may be 332
appealed to a Career Service Appeals Board pursuant to Section 333
2. If such an appeal is taken, no findings or recommendations by 334
the Complaint Review Board with respect to the case shall be 335
considered by the Career Service Appeals Board in its 336
proceedings. 337
Section 5. All commissioned and noncommissioned persons in 338
the employ of the Office of the Sheriff of Leon County on the 339
effective date of this act who have served for a period of 1 340
calendar year or more as of such date shall be permanent 341
employees subject to the provisions of this act. All other 342
employees shall become permanent employees subject to the 343
provisions of this act upon reaching their 1 calendar year 344
service anniversary date. 345
Section 2. The provisions of this act are severable and if 346
any provision is held unconstitutional, the decision of the 347
court regarding that provision shall not affect the validity of 348
the remaining provisions. It is hereby declared to be the intent 349
of the Legislature that the remaining provisions of the act 350
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would have been adopted had such unconstitutional provisions not 351
been included herein. 352
Section 3. This act shall take effect upon becoming a law. 353