17 | | - | for permanent status; providing cause for suspension 4 |
---|
18 | | - | or dismissal; providing for transition to new Sheriff; 5 |
---|
19 | | - | providing beginning date of employees; revising 6 |
---|
20 | | - | procedures of Career Service Appeals Boards; requiring 7 |
---|
21 | | - | the Sheriff to be represented by the Sheriff's General 8 |
---|
22 | | - | Counsel or other specified representative; pro hibiting 9 |
---|
23 | | - | certain evidence from inclusion; authorizing the 10 |
---|
24 | | - | chairperson to rule on the admissibility of evidence; 11 |
---|
25 | | - | deleting provisions relating to complaints against 12 |
---|
26 | | - | employees, Complaint Review Boards, and employment 13 |
---|
27 | | - | status of commissioned and noncommissioned employees; 14 |
---|
28 | | - | providing severability; providing an effective date. 15 |
---|
29 | | - | 16 |
---|
30 | | - | Be It Enacted by the Legislature of the State of Florida: 17 |
---|
31 | | - | 18 |
---|
32 | | - | Section 1. Chapter 83 -456, Laws of Florida, is amended to 19 |
---|
33 | | - | read: 20 |
---|
34 | | - | Section 1. Employees of Leon County Sheriff's Office 21 |
---|
35 | | - | Career Service Employees' Sheriff; applicability of Act; 22 |
---|
36 | | - | permanent status of employees; administration .— 23 |
---|
37 | | - | (1) APPLICABILITY.—The transition provisions of this act 24 |
---|
38 | | - | shall apply to all full-time sworn commissioned and civilian 25 |
---|
| 15 | + | for permanent status; providing cause for demotion or 4 |
---|
| 16 | + | dismissal; authorizing the Sheriff to promote, demote, 5 |
---|
| 17 | + | transfer, and determine disciplinary measures, 6 |
---|
| 18 | + | including dismissal; providing for transition to new 7 |
---|
| 19 | + | sheriff; providing beginning date of employees; 8 |
---|
| 20 | + | revising procedures of Career Service Appeals Boards; 9 |
---|
| 21 | + | requiring the Sheriff to be represented by the 10 |
---|
| 22 | + | Sheriff's General Counsel or other specified 11 |
---|
| 23 | + | representative; prohibiting certain evidence from 12 |
---|
| 24 | + | inclusion; authorizing the chairperson to rule on the 13 |
---|
| 25 | + | admissibility of evidence; exempting the actions of 14 |
---|
| 26 | + | the board and the Sheriff from the provisions of the 15 |
---|
| 27 | + | Administrative Procedures Act; deleting provisions 16 |
---|
| 28 | + | relating to complaints against employees, complaint 17 |
---|
| 29 | + | review boards, and employment status of commissioned 18 |
---|
| 30 | + | and noncommissioned employees; providing severability; 19 |
---|
| 31 | + | providing an effective date. 20 |
---|
| 32 | + | 21 |
---|
| 33 | + | Be It Enacted by the Legislature of the State of Florida: 22 |
---|
| 34 | + | 23 |
---|
| 35 | + | Section 1. Chapter 83 -456, Laws of Florida, is amended to 24 |
---|
| 36 | + | read: 25 |
---|
| 47 | + | Section 1. Employees of Leon County Sheriff's Office 26 |
---|
| 48 | + | Career Service Employees' Sheriff; applicability of Act; 27 |
---|
| 49 | + | permanent status of employees; administration .— 28 |
---|
| 50 | + | (1) APPLICABILITY.—The transition provisions of this act 29 |
---|
| 51 | + | shall apply to all full-time sworn commissioned and civilian 30 |
---|
| 52 | + | employees noncommissioned persons in the employ of the Office of 31 |
---|
| 53 | + | the Leon County Sheriff's Office Sheriff, including deputy 32 |
---|
| 54 | + | sheriffs. The provisions of this act shall not apply to the 33 |
---|
| 55 | + | following: Sheriff, sworn personnel of the rank of captain or 34 |
---|
| 56 | + | higher, civilian personnel of the rank of director or higher ; or 35 |
---|
| 57 | + | to special deputy sheriffs appointed pursuant to s. 30.09(4), 36 |
---|
| 58 | + | Florida Statutes, members of the Sheriff's Posse or Reserve 37 |
---|
| 59 | + | Unit, and individuals appointed as part -time deputy sheriffs, as 38 |
---|
| 60 | + | defined by the Criminal Justice Standards and Training 39 |
---|
| 61 | + | Commission, unless any such person is also employed full-time by 40 |
---|
| 62 | + | the Leon County Sheriff's Office of the Sheriff. As used in this 41 |
---|
| 63 | + | act, the terms "employee," "employ," and "employment," and 42 |
---|
| 64 | + | "member" shall refer to all persons , whether employed or 43 |
---|
| 65 | + | appointed, to whom the act applies. I t is not, however, the 44 |
---|
| 66 | + | intent of this act to grant the right to of collective 45 |
---|
| 67 | + | bargaining to persons in the employ of the Office of the Leon 46 |
---|
| 68 | + | County Sheriff's Office Sheriff who do not otherwise have that 47 |
---|
| 69 | + | right pursuant to law. 48 |
---|
| 70 | + | (2) PERMANENT STATUS; CAUSE FOR DEMOTION SUSPENSION OR 49 |
---|
| 71 | + | DISMISSAL.— 50 |
---|
50 | | - | |
---|
51 | | - | employees noncommissioned persons in the employ of the Office of 26 |
---|
52 | | - | the Leon County Sheriff's Office Sheriff, including deputy 27 |
---|
53 | | - | sheriffs. The provisions of this act shall not apply to the 28 |
---|
54 | | - | following: Sheriff, sworn personnel of the rank of captain or 29 |
---|
55 | | - | higher, civilian personnel of the rank of d irector or higher; or 30 |
---|
56 | | - | to special deputy sheriffs appointed pursuant to s. 30.09(4), 31 |
---|
57 | | - | Florida Statutes, members of the Sheriff's Posse or Reserve 32 |
---|
58 | | - | Unit, and individuals appointed as part -time deputy sheriffs, as 33 |
---|
59 | | - | defined by the Criminal Justice Standards and T raining 34 |
---|
60 | | - | Commission, unless any such person is also employed full-time by 35 |
---|
61 | | - | the Leon County Sheriff's Office of the Sheriff. As used in this 36 |
---|
62 | | - | act, the terms "employee," "employ," and "employment," and 37 |
---|
63 | | - | "member" shall refer to all persons , whether employed or 38 |
---|
64 | | - | appointed, to whom the act applies. It is not, however, the 39 |
---|
65 | | - | intent of this act to grant the right to of collective 40 |
---|
66 | | - | bargaining to persons in the employ of the Office of the Leon 41 |
---|
67 | | - | County Sheriff's Office Sheriff who do not otherwise have that 42 |
---|
68 | | - | right pursuant to law. 43 |
---|
69 | | - | (2) PERMANENT STATUS; CAUSE FOR SUSPENSION OR DISMISSAL. — 44 |
---|
70 | | - | (a) After an employee of the Sheriff to whom the 45 |
---|
71 | | - | provisions of this act apply has served in such employment for a 46 |
---|
72 | | - | period of 1 calendar year, such employee shall have attained 47 |
---|
73 | | - | permanent status with in the Leon County Sheriff's Office of the 48 |
---|
74 | | - | Sheriff; provided that if such an employee is placed on 49 |
---|
75 | | - | disciplinary probation for a period of 6 months or more or is 50 |
---|
76 | | - | |
---|
77 | | - | CS/CS/HB 4073 2025 |
---|
| 73 | + | CS/HB 4073 2025 |
---|
| 82 | + | (a) After an employee of the Sheriff to whom the 51 |
---|
| 83 | + | provisions of this act apply has served in such employment for a 52 |
---|
| 84 | + | period of 1 calendar year, such employee shall have attained 53 |
---|
| 85 | + | permanent status with in the Leon County Sheriff's Office of the 54 |
---|
| 86 | + | Sheriff; provided that if such an employee is placed on 55 |
---|
| 87 | + | disciplinary probation for a period of 6 months or more or is 56 |
---|
| 88 | + | terminated and rehired at a later date, said employee shall be 57 |
---|
| 89 | + | required to complete 1 calendar year of service fr om the date of 58 |
---|
| 90 | + | the action before being granted permanent status and the right 59 |
---|
| 91 | + | to of appeal, regardless of the reason for the disciplinary 60 |
---|
| 92 | + | probation or termination provided in Section 2 . Any employee who 61 |
---|
| 93 | + | is required to serve a probationary period attendant to a 62 |
---|
| 94 | + | promotion shall retain permanent status in the Office of the 63 |
---|
| 95 | + | Sheriff, but may be demoted to his or her prior rank during such 64 |
---|
| 96 | + | probationary period without the right of appeal as pr ovided in 65 |
---|
| 97 | + | Section 3 Section 2. 66 |
---|
| 98 | + | (b) Any employee who has achieved permanent status is not 67 |
---|
| 99 | + | exempt from the disciplinary provisions outlined in the Leon 68 |
---|
| 100 | + | County Sheriff's Office general orders. It is not a demotion 69 |
---|
| 101 | + | under this act or the Leon County Sheriff's Office policy to be 70 |
---|
| 102 | + | reassigned from special duties or from one shift or zone 71 |
---|
| 103 | + | assignment to another or to be transferred from one division to 72 |
---|
| 104 | + | another for the betterment of the Leon County Sheriff's Office, 73 |
---|
| 105 | + | even if a reduction in pay results of the Sheriff may only be 74 |
---|
| 106 | + | suspended or dismissed for cause; provided that prior to such 75 |
---|
87 | | - | |
---|
88 | | - | terminated and rehired at a later date, said employee shall be 51 |
---|
89 | | - | required to complete 1 c alendar year of service from the date of 52 |
---|
90 | | - | the action before being granted permanent status and the right 53 |
---|
91 | | - | to of appeal, regardless of the reason for the disciplinary 54 |
---|
92 | | - | probation or termination provided in Section 2 . Any employee who 55 |
---|
93 | | - | is required to serve a probationary period attendant to a 56 |
---|
94 | | - | promotion shall retain permanent status in the Office of the 57 |
---|
95 | | - | Sheriff, but may be demoted to his or her prior rank during such 58 |
---|
96 | | - | probationary period without the right of appeal as pr ovided in 59 |
---|
97 | | - | Section 3 Section 2. 60 |
---|
98 | | - | (b) Any employee who has achieved permanent status in the 61 |
---|
99 | | - | Leon County Sheriff's Office of the Sheriff may only be 62 |
---|
100 | | - | suspended or dismissed for cause; provided that prior to such 63 |
---|
101 | | - | action, the employee must be furnished written notice of the 64 |
---|
102 | | - | proposed action and offered an opportunity to respond to the 65 |
---|
103 | | - | reasons for the suspension or dismissal. However, in 66 |
---|
104 | | - | extraordinary situations, such as when delay could result in 67 |
---|
105 | | - | damage or injury, an employee may be suspended or dismissed for 68 |
---|
106 | | - | cause immediately and provided notice thereof and reasons 69 |
---|
107 | | - | therefor within 24 hours afterwards. Cause for suspension or 70 |
---|
108 | | - | dismissal shall include, but not be limited to, negligence, 71 |
---|
109 | | - | inefficiency or inability to perform assigned duties, 72 |
---|
110 | | - | insubordination, willful v iolation of the provisions of law or 73 |
---|
111 | | - | Office rules, conduct unbecoming a public employee, misconduct, 74 |
---|
112 | | - | or habitual drug abuse. Cause for suspension or dismissal shall 75 |
---|
113 | | - | |
---|
114 | | - | CS/CS/HB 4073 2025 |
---|
| 108 | + | CS/HB 4073 2025 |
---|
| 117 | + | action, the employee must be furnished written notice of the 76 |
---|
| 118 | + | proposed action and offered an opportunity to respond to the 77 |
---|
| 119 | + | reasons for the suspension or dismissal. However, in 78 |
---|
| 120 | + | extraordinary situations, such as when delay could result in 79 |
---|
| 121 | + | damage or injury, an employee may be suspended or dismissed for 80 |
---|
| 122 | + | cause immediately and provided notice thereof and reasons 81 |
---|
| 123 | + | therefor within 24 hours afterwards. Cause for suspension or 82 |
---|
| 124 | + | dismissal shall include, but not be limited to, negligence, 83 |
---|
| 125 | + | inefficiency or inability to perform assigned duties, 84 |
---|
| 126 | + | insubordination, willful violation of the provisions of law or 85 |
---|
| 127 | + | Office rules, conduct unbecoming a public employee, misconduct, 86 |
---|
| 128 | + | or habitual drug abuse. Cause for suspension or dismissal shall 87 |
---|
| 129 | + | also include adjudication of guilt by a court of competent 88 |
---|
| 130 | + | jurisdiction, a plea of guilty or of nolo contendere, or a jury 89 |
---|
| 131 | + | verdict of guilty when adjudication of guilt is withheld and the 90 |
---|
| 132 | + | accused is placed on probation, with r espect to any felony, 91 |
---|
| 133 | + | misdemeanor or major traffic infraction. The filing of felony, 92 |
---|
| 134 | + | misdemeanor, or major traffic infraction charges against an 93 |
---|
| 135 | + | employee shall constitute cause for suspension . 94 |
---|
| 136 | + | (c) The Sheriff shall hold the authority to promote, 95 |
---|
| 137 | + | demote, transfer, and determine disciplinary measures, including 96 |
---|
| 138 | + | dismissal. 97 |
---|
| 139 | + | (3) TRANSITION OF CAREER SERVICE EMPLOYEES.—When a newly 98 |
---|
| 140 | + | elected or appointed Sheriff assumes office, the new Sheriff 99 |
---|
| 141 | + | shall continue the employment of all currently employed 100 |
---|
124 | | - | |
---|
125 | | - | also include adjudication of guilt by a court of competent 76 |
---|
126 | | - | jurisdiction, a plea of guilty o r of nolo contendere, or a jury 77 |
---|
127 | | - | verdict of guilty when adjudication of guilt is withheld and the 78 |
---|
128 | | - | accused is placed on probation, with respect to any felony, 79 |
---|
129 | | - | misdemeanor or major traffic infraction. The filing of felony, 80 |
---|
130 | | - | misdemeanor, or major traffic infrac tion charges against an 81 |
---|
131 | | - | employee shall constitute cause for suspension. 82 |
---|
132 | | - | (3) TRANSITION OF CAREER SERVICE EMPLOYEES.—When a newly 83 |
---|
133 | | - | elected or appointed Sheriff assumes office, the new Sheriff 84 |
---|
134 | | - | shall continue the employment of all currently employed 85 |
---|
135 | | - | permanent personnel with the exceptions of those positions 86 |
---|
136 | | - | defined in subsection (1), unless there is just cause for 87 |
---|
137 | | - | dismissal, provided herein, exists . However, The new incoming 88 |
---|
138 | | - | Sheriff shall have the option of maintaining the current 89 |
---|
139 | | - | employees personnel assigned to exempt the positions of 90 |
---|
140 | | - | Executive Secretary, Administrative Major, and Operations Major . 91 |
---|
141 | | - | If the new incoming Sheriff fills the exempt sworn staff Major 92 |
---|
142 | | - | positions with new members personnel, the new Sheriff has the 93 |
---|
143 | | - | option of dismissing the prior current occupants of those 94 |
---|
144 | | - | positions from employment, demoting the prior occupant to a 95 |
---|
145 | | - | prior permanent non-exempt position or rank held prior to 96 |
---|
146 | | - | appointment to exempt status, reducing the person to the rank of 97 |
---|
147 | | - | deputy sheriff, or offering the prior occupant a tran sfer to any 98 |
---|
148 | | - | position for which he or she may be qualified and paid at a rate 99 |
---|
149 | | - | commensurate therewith shall be reduced to the rank of Captain, 100 |
---|
150 | | - | |
---|
151 | | - | CS/CS/HB 4073 2025 |
---|
| 143 | + | CS/HB 4073 2025 |
---|
| 152 | + | permanent personnel with the exceptions of those positions 101 |
---|
| 153 | + | defined in subsection (1), unless there is just cause for 102 |
---|
| 154 | + | dismissal, as set forth in Leon County Sheriff's Office general 103 |
---|
| 155 | + | orders provided herein, exists . However, The new incoming 104 |
---|
| 156 | + | Sheriff shall have the option of maintaining the current 105 |
---|
| 157 | + | employees personnel assigned to exempt the positions of 106 |
---|
| 158 | + | Executive Secretary, Administrative Major, and Operations Major . 107 |
---|
| 159 | + | If the new incoming Sheriff fills the exempt sworn staff Major 108 |
---|
| 160 | + | positions with new members personnel, the new Sheriff has the 109 |
---|
| 161 | + | option of dismissing the prior current occupants of those 110 |
---|
| 162 | + | positions from employment, demoting the prior occupant to a 111 |
---|
| 163 | + | prior permanent non-exempt position or shall be reduced to the 112 |
---|
| 164 | + | rank held prior to appointment to exempt status, reducing the 113 |
---|
| 165 | + | person in of Captain, which rank to the rank of deputy sheriff, 114 |
---|
| 166 | + | or offering the prior occupant a transfer to any position for 115 |
---|
| 167 | + | which they may be qualified and paid at a rate commensurate 116 |
---|
| 168 | + | therewith shall be permanent unless later reduced by 117 |
---|
| 169 | + | disciplinary demotion, and their salaries may be reduced 118 |
---|
| 170 | + | accordingly. If the new incoming Sheriff so desires, exempt non -119 |
---|
| 171 | + | sworn civilian employees may fills the Executive Secretary 120 |
---|
| 172 | + | position with a new employee, the current occupant of the 121 |
---|
| 173 | + | position shall be transferred to positions another position for 122 |
---|
| 174 | + | which they may be the employee is qualified and paid at a rate 123 |
---|
| 175 | + | commensurate therewith within the Office of the Sheriff . Actions 124 |
---|
| 176 | + | taken pursuant to this section subsection affecting the exempt 125 |
---|
161 | | - | |
---|
162 | | - | which rank shall be permanent unless later reduced by 101 |
---|
163 | | - | disciplinary demotion, and their salaries may be reduced 102 |
---|
164 | | - | accordingly. If the new incoming Sheriff so desires, exempt non -103 |
---|
165 | | - | sworn civilian employees may fills the Executive Secretary 104 |
---|
166 | | - | position with a new employee, the current occupant of the 105 |
---|
167 | | - | position shall be transferred to positions another position for 106 |
---|
168 | | - | which they may be the employee is qualified and paid at a rate 107 |
---|
169 | | - | commensurate therewith within the Office of the Sheriff . Actions 108 |
---|
170 | | - | taken pursuant to this section subsection affecting the exempt 109 |
---|
171 | | - | Major positions are and the Executive Secretary position shall 110 |
---|
172 | | - | not be appealable under Section 2. 111 |
---|
173 | | - | (4) ADMINISTRATION. —The Sheriff shall have the authority 112 |
---|
174 | | - | to adopt such rules and regulations as are necessary for the 113 |
---|
175 | | - | implementation and administration of this act; however, nothing 114 |
---|
176 | | - | in this act shall be construed as affecting the budget-making 115 |
---|
177 | | - | powers of the Board of County Commissioners of Leon County. 116 |
---|
178 | | - | Section 2. Beginning date. — 117 |
---|
179 | | - | (1) All sworn and civilian persons in the employ of the 118 |
---|
180 | | - | Leon County Sheriff's Office on the effective date of this act 119 |
---|
181 | | - | who have served for a pe riod of 1 calendar year or more as of 120 |
---|
182 | | - | such date shall be permanent employees subject to the provisions 121 |
---|
183 | | - | of this act. All other employees shall become permanent 122 |
---|
184 | | - | employees subject to the provisions of this act upon reaching 123 |
---|
185 | | - | their 1 calendar year service anniv ersary date. Promotions, 124 |
---|
186 | | - | probationary service periods, demotions, transfers, and 125 |
---|
187 | | - | |
---|
188 | | - | CS/CS/HB 4073 2025 |
---|
| 178 | + | CS/HB 4073 2025 |
---|
| 187 | + | Major positions are and the Executive Secretary position shall 126 |
---|
| 188 | + | not be appealable under Section 2. 127 |
---|
| 189 | + | (4) ADMINISTRATION. —The Sheriff shall have the authority 128 |
---|
| 190 | + | to adopt such rules and regulations as are necessary for the 129 |
---|
| 191 | + | implementation and administration of this act; however , nothing 130 |
---|
| 192 | + | in this act shall be construed as affecting the budget -making 131 |
---|
| 193 | + | powers of the Board of County Commissioners of Leon County. 132 |
---|
| 194 | + | Section 2. Beginning date. — 133 |
---|
| 195 | + | (1) All sworn and civilian persons in the employ of the 134 |
---|
| 196 | + | Leon County Sheriff's Office on the effective date of this act 135 |
---|
| 197 | + | who have served for a period of 1 calendar year or more as of 136 |
---|
| 198 | + | such date shall be permanent employees subject to the provisions 137 |
---|
| 199 | + | of this act. All other employees shall become permanent 138 |
---|
| 200 | + | employees subject to the provisions of this act upon rea ching 139 |
---|
| 201 | + | their 1 calendar year service anniversary date. Promotions, 140 |
---|
| 202 | + | probationary service periods, demotions, transfers, and 141 |
---|
| 203 | + | suspensions will not and do not affect the determination of the 142 |
---|
| 204 | + | original career service beginning date (anniversary date) of 143 |
---|
| 205 | + | employment for Leon County Sheriff's Office employees. The 144 |
---|
| 206 | + | beginning date (anniversary date) of employment for sworn 145 |
---|
| 207 | + | employees is and will be the date the Sheriff swears the 146 |
---|
| 208 | + | officers in as law enforcement officers. The beginning of 147 |
---|
| 209 | + | service for civilian employees wi ll be the beginning date 148 |
---|
| 210 | + | (anniversary date) as indicated by personnel and payroll 149 |
---|
| 211 | + | records. 150 |
---|
198 | | - | |
---|
199 | | - | suspensions will not and do not affect the determination of the 126 |
---|
200 | | - | original career service beginning date (anniversary date) of 127 |
---|
201 | | - | employment for Leon County Sheriff's Office employ ees. The 128 |
---|
202 | | - | beginning date (anniversary date) of employment for sworn 129 |
---|
203 | | - | employees is and will be the date the Sheriff swears the 130 |
---|
204 | | - | officers in as law enforcement officers. The beginning of 131 |
---|
205 | | - | service for civilian employees will be the beginning date 132 |
---|
206 | | - | (anniversary date) as indicated by personnel and payroll 133 |
---|
207 | | - | records. 134 |
---|
208 | | - | (2) Any provisions of this act shall not add to or detract 135 |
---|
209 | | - | from the constitutional authority of the Sheriff. 136 |
---|
210 | | - | Section 3. Section 2. Career Service Appeals Board Boards; 137 |
---|
211 | | - | creation; membership; procedures duties.— 138 |
---|
212 | | - | (1) FUNCTION OF BOARDS. —Ad hoc Career Service Appeals 139 |
---|
213 | | - | Boards shall be appointed as provided herein for the purpose of 140 |
---|
214 | | - | hearing appeals of permanent employees arising from personnel 141 |
---|
215 | | - | actions brought under Office rules or policies which result in 142 |
---|
216 | | - | dismissal, suspension, demotion, or reduction in pay; provided 143 |
---|
217 | | - | that reprimands, oral or written, and suspensions of 3 5 working 144 |
---|
218 | | - | days or less shall not be appealable to a Board. Any such Board 145 |
---|
219 | | - | may also provide assistance and advice to the Sheriff in matters 146 |
---|
220 | | - | concerning disciplinary actions, and may take any other action 147 |
---|
221 | | - | authorized by the Sheriff. 148 |
---|
222 | | - | (2) MEMBERSHIP OF BOARDS. —When needed upon the call of the 149 |
---|
223 | | - | Sheriff, or upon the filing of an appeal, an ad hoc Career 150 |
---|
224 | | - | |
---|
225 | | - | CS/CS/HB 4073 2025 |
---|
| 213 | + | CS/HB 4073 2025 |
---|
| 222 | + | (2) Any provisions of this act shall not add to or detract 151 |
---|
| 223 | + | from the constitutional authority of the Sheriff. 152 |
---|
| 224 | + | Section 3. Section 2. Career Service Appeals Board Boards; 153 |
---|
| 225 | + | creation; membership; procedures duties.— 154 |
---|
| 226 | + | (1) FUNCTION OF BOARDS. —Ad hoc Career Service Appeals 155 |
---|
| 227 | + | Boards shall be appointed as provided herein for the purpose of 156 |
---|
| 228 | + | hearing appeals of permanent employees arising from personnel 157 |
---|
| 229 | + | actions brought under O ffice rules or policies which result in 158 |
---|
| 230 | + | dismissal, suspension, demotion, or reduction in pay; provided 159 |
---|
| 231 | + | that reprimands, oral or written, and suspensions of 3 5 working 160 |
---|
| 232 | + | days or less shall not be appealable to a Board. Any such Board 161 |
---|
| 233 | + | may also provide assista nce and advice to the Sheriff in matters 162 |
---|
| 234 | + | concerning disciplinary actions, and may take any other action 163 |
---|
| 235 | + | authorized by the Sheriff. 164 |
---|
| 236 | + | (2) MEMBERSHIP OF BOARDS. —When needed upon the call of the 165 |
---|
| 237 | + | Sheriff, or upon the filing of an appeal, an ad hoc Career 166 |
---|
| 238 | + | Service Appeals Board shall be appointed. The membership of each 167 |
---|
| 239 | + | such Board shall consist of five employees of the Office of the 168 |
---|
| 240 | + | Sheriff. Two members shall be selected by the Sheriff, two 169 |
---|
| 241 | + | members shall be selected by the employee filing the appeal, and 170 |
---|
| 242 | + | the fifth member, who shall serve as chairperson chairman of the 171 |
---|
| 243 | + | Board, shall be selected by the other four members. The ranking 172 |
---|
| 244 | + | officer in charge of personnel shall serve as an ex officio 173 |
---|
| 245 | + | member of the Board, but shall have no vote. Any employee shall 174 |
---|
| 246 | + | have the right to decline to serve as a member of a Board, and 175 |
---|
235 | | - | |
---|
236 | | - | Service Appeals Board shall be appointed. The membership of each 151 |
---|
237 | | - | such Board shall consist of five employees of the Office of the 152 |
---|
238 | | - | Sheriff. Two members shall be selected by the Sheriff, two 153 |
---|
239 | | - | members shall be selected by the employee filing the appeal, and 154 |
---|
240 | | - | the fifth member, who shall serve as chairperson chairman of the 155 |
---|
241 | | - | Board, shall be selected by the other four members. The ranking 156 |
---|
242 | | - | officer in charge of personnel shall serve as an ex officio 157 |
---|
243 | | - | member of the Board, but shall have no vote. Any employee shall 158 |
---|
244 | | - | have the right to decline to serve as a member of a Board, and 159 |
---|
245 | | - | employees selected to serve on a Board shall serve without 160 |
---|
246 | | - | additional compensation or overtime compensation with respect to 161 |
---|
247 | | - | such service. Once selected to a board, the members thereof 162 |
---|
248 | | - | shall serve until final action is taken by the Board with 163 |
---|
249 | | - | respect to the purpose for which the Board was selected, at 164 |
---|
250 | | - | which time the Board shall be dissolved. 165 |
---|
251 | | - | (3) PROCEDURE WITH RESPECT TO APPEALS. — 166 |
---|
252 | | - | (a) An appeal of an action specified in subsection (1) 167 |
---|
253 | | - | shall be made to the Sheriff in writing, and must be received 168 |
---|
254 | | - | within by the Sheriff no later than 3 business working days 169 |
---|
255 | | - | after the employee is notified of the action on which the appeal 170 |
---|
256 | | - | is based. Business days are Monday through Friday, excluding 171 |
---|
257 | | - | holidays recognized by the Leon County Sheriff's Office. 172 |
---|
258 | | - | (b) A Career Servic e Appeals Board shall be selected and 173 |
---|
259 | | - | must meet for purposes of hearing the appeal no later than 15 174 |
---|
260 | | - | business working days after receipt of an appeal by the Sheriff. 175 |
---|
261 | | - | |
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262 | | - | CS/CS/HB 4073 2025 |
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| 248 | + | CS/HB 4073 2025 |
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| 257 | + | employees selected to serve on a Board shall serve without 176 |
---|
| 258 | + | additional compensation or overtime compensation with respect to 177 |
---|
| 259 | + | such service. Once selected to a board, the members thereof 178 |
---|
| 260 | + | shall serve until fi nal action is taken by the Board with 179 |
---|
| 261 | + | respect to the purpose for which the Board was selected, at 180 |
---|
| 262 | + | which time the Board shall be dissolved. 181 |
---|
| 263 | + | (3) PROCEDURE WITH RESPECT TO APPEALS. — 182 |
---|
| 264 | + | (a) An appeal of an action specified in (1) shall be made 183 |
---|
| 265 | + | to the Sheriff in writing, and must be received within by the 184 |
---|
| 266 | + | Sheriff no later than 3 business working days after the employee 185 |
---|
| 267 | + | is notified of the action on which the appeal is based. Business 186 |
---|
| 268 | + | days are Monday through Friday, excluding holidays recognized by 187 |
---|
| 269 | + | the Leon County Sheriff's Office. 188 |
---|
| 270 | + | (b) A Career Service Appeals Board shall be selected and 189 |
---|
| 271 | + | must meet for purposes of hearing the appeal no later than 15 190 |
---|
| 272 | + | business working days after receipt of an appeal by the Sheriff. 191 |
---|
| 273 | + | The ranking officer in charge of personnel is resp onsible for 192 |
---|
| 274 | + | scheduling the date, time, and location of meetings; notifying 193 |
---|
| 275 | + | members of the Career Service Appeals Board; and posting such 194 |
---|
| 276 | + | notice as may be required by law. In the case of an unpaid 195 |
---|
| 277 | + | suspension, the disciplinary action shall be stayed pending the 196 |
---|
| 278 | + | completion of the review process. 197 |
---|
| 279 | + | (c) During any hearing, the employee filing the appeal 198 |
---|
| 280 | + | shall have the right to be heard publicly, to be represented by 199 |
---|
| 281 | + | a person of his or her choice, and to present any evidential 200 |
---|
272 | | - | |
---|
273 | | - | The ranking officer in charge of personnel is responsible for 176 |
---|
274 | | - | scheduling the date, time, an d location of meetings; notifying 177 |
---|
275 | | - | members of the Career Service Appeals Board; and posting such 178 |
---|
276 | | - | notice as may be required by law. In the case of an unpaid 179 |
---|
277 | | - | suspension, the disciplinary action shall be stayed pending the 180 |
---|
278 | | - | completion of the review process. 181 |
---|
279 | | - | (c) During any hearing, the employee filing the appeal 182 |
---|
280 | | - | shall have the right to be heard publicly, to be represented by 183 |
---|
281 | | - | a person of his or her choice, and to present any evidential 184 |
---|
282 | | - | facts on in his or her behalf. The Sheriff will be represented 185 |
---|
283 | | - | by the Sheriff's General Counsel or other representative 186 |
---|
284 | | - | designated by the Sheriff. , and During such hearings the 187 |
---|
285 | | - | technical rules of evidence shall not apply. However, 188 |
---|
286 | | - | irrelevant, immaterial, or unduly repetitious evidence shall be 189 |
---|
287 | | - | excluded. All other evidence as would be admissible in the 190 |
---|
288 | | - | courts of Florida shall be admissible. Hearsay evidence may be 191 |
---|
289 | | - | introduced and used. The chairperson will rule on the 192 |
---|
290 | | - | admissibility of evidence if objections are raised. The Board 193 |
---|
291 | | - | shall, in the conduct of such hearings, have the power t o 194 |
---|
292 | | - | administer oaths, issue subpoenas, compel the attendance of 195 |
---|
293 | | - | witnesses, and require the production of books, records, 196 |
---|
294 | | - | accounts, papers, documents, and testimony. In case of 197 |
---|
295 | | - | disobedience of any person to comply with an order of the Board 198 |
---|
296 | | - | or a subpoena issued by the Board, or upon the refusal of a 199 |
---|
297 | | - | witness to testify on any matter regarding which he or she may 200 |
---|
298 | | - | |
---|
299 | | - | CS/CS/HB 4073 2025 |
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| 283 | + | CS/HB 4073 2025 |
---|
| 292 | + | facts on in his or her behalf. The Sheriff will be represented 201 |
---|
| 293 | + | by the Sheriff's General Counsel or other representative 202 |
---|
| 294 | + | designated by the Sheriff. , and During such hearings the 203 |
---|
| 295 | + | technical rules of evidence shall not apply. However, 204 |
---|
| 296 | + | irrelevant, immaterial, or unduly repetitious evidence shall be 205 |
---|
| 297 | + | excluded. All other evidence as would be admissible in the 206 |
---|
| 298 | + | courts of Florida shall be admissible. Hearsay evidence may be 207 |
---|
| 299 | + | introduced and used. The chairperson will rule on the 208 |
---|
| 300 | + | admissibility of evidence if objections are raised. The Board 209 |
---|
| 301 | + | shall, in the conduct of such hearings, have the power to 210 |
---|
| 302 | + | administer oaths, issue subpoenas, compel the attendance of 211 |
---|
| 303 | + | witnesses, and require the production of books, records, 212 |
---|
| 304 | + | accounts, papers, documents, and testimony. In case of 213 |
---|
| 305 | + | disobedience of any person to comply with an order of the Board 214 |
---|
| 306 | + | or a subpoena issued by the Board, or upon the refusal of a 215 |
---|
| 307 | + | witness to testify on any matter regarding which he or she may 216 |
---|
| 308 | + | be lawfully interrogated, a County Judge of the county in which 217 |
---|
| 309 | + | a person resides, upon application of the chairperson any member 218 |
---|
| 310 | + | of the Board, shall compel obedience by proceeding as for 219 |
---|
| 311 | + | contempt. Each witness who appears in obedience to a subpoena 220 |
---|
| 312 | + | before the Board shall receive compensation for attendance fees 221 |
---|
| 313 | + | and mileage as provided for witnesses in civil ca ses in the 222 |
---|
| 314 | + | courts of this state. Such payments shall be made by the party 223 |
---|
| 315 | + | calling the witness; except that with respect to any witnesses 224 |
---|
| 316 | + | called by the Board, payments shall be made by the Sheriff upon 225 |
---|
309 | | - | |
---|
310 | | - | be lawfully interrogated, a County Judge of the county in which 201 |
---|
311 | | - | a person resides, upon application of the chairperson any member 202 |
---|
312 | | - | of the Board, shall co mpel obedience by proceeding as for 203 |
---|
313 | | - | contempt. Each witness who appears in obedience to a subpoena 204 |
---|
314 | | - | before the Board shall receive compensation for attendance fees 205 |
---|
315 | | - | and mileage as provided for witnesses in civil cases in the 206 |
---|
316 | | - | courts of this state. Such payment s shall be made by the party 207 |
---|
317 | | - | calling the witness; except that with respect to any witnesses 208 |
---|
318 | | - | called by the Board, payments shall be made by the Sheriff upon 209 |
---|
319 | | - | presentation of proper vouchers and approval by three members of 210 |
---|
320 | | - | the Board. 211 |
---|
321 | | - | (d) A Board shall by m ajority vote dispose of the appeal 212 |
---|
322 | | - | for which it was appointed by making findings of fact and 213 |
---|
323 | | - | issuing a written decision. Such decision shall either sustain 214 |
---|
324 | | - | or not sustain the disciplinary action being appealed. If an 215 |
---|
325 | | - | action by the Sheriff is not sustained by a Board, the Board 216 |
---|
326 | | - | shall order such remedial action as is appropriate, which may 217 |
---|
327 | | - | include reinstatement with back pay, and may modify any 218 |
---|
328 | | - | personnel action which was the subject of the appeal. No Board 219 |
---|
329 | | - | shall have the authority to impose on any employee an y penalty 220 |
---|
330 | | - | which is more harsh than that which formed the basis of the 221 |
---|
331 | | - | appeal. 222 |
---|
332 | | - | (e) The decision of the Board shall be final and binding 223 |
---|
333 | | - | on the employee and the Sheriff. 224 |
---|
334 | | - | Section 3. Complaints against employees; procedure; 225 |
---|
335 | | - | |
---|
336 | | - | CS/CS/HB 4073 2025 |
---|
| 318 | + | CS/HB 4073 2025 |
---|
| 327 | + | presentation of proper vouchers and approval by three m embers of 226 |
---|
| 328 | + | the Board. 227 |
---|
| 329 | + | (d) A Board shall by majority vote dispose of the appeal 228 |
---|
| 330 | + | for which it was appointed by making findings of fact and 229 |
---|
| 331 | + | issuing a written decision. Such decision shall either sustain 230 |
---|
| 332 | + | or not sustain the disciplinary action being appealed. If an 231 |
---|
| 333 | + | action by the Sheriff is not sustained by a Board, the Board 232 |
---|
| 334 | + | shall order such remedial action as is appropriate, which may 233 |
---|
| 335 | + | include reinstatement with back pay, and may modify any 234 |
---|
| 336 | + | personnel action which was the subject of the appeal. No Board 235 |
---|
| 337 | + | shall have the authority to impose on any employee any penalty 236 |
---|
| 338 | + | which is more harsh than that which formed the basis of the 237 |
---|
| 339 | + | appeal. 238 |
---|
| 340 | + | (e) The decision of the Board shall be final and binding 239 |
---|
| 341 | + | on the employee and the Sheriff. 240 |
---|
| 342 | + | (f) The actions of the Board and the Sh eriff shall be 241 |
---|
| 343 | + | exempt from the provisions of chapter 120, Florida Statutes. 242 |
---|
| 344 | + | Section 3. Complaints against employees; procedure; 243 |
---|
| 345 | + | Complaint Review Board. — 244 |
---|
| 346 | + | (1) COMPLAINTS AGAINST EMPLOYEES. —A complaint receipt and 245 |
---|
| 347 | + | processing procedure shall be establish ed in order to provide 246 |
---|
| 348 | + | adequately for the prompt receipt, investigation, and 247 |
---|
| 349 | + | disposition of complaints against employees of the Office of the 248 |
---|
| 350 | + | Leon County Sheriff. 249 |
---|
| 351 | + | (2) PROCEDURE WITH RESPECT TO COMPLAINTS. — 250 |
---|
346 | | - | |
---|
347 | | - | Complaint Review Board. — 226 |
---|
348 | | - | (1) COMPLAINTS AGAINST EMPLOYEES. —A complaint receipt and 227 |
---|
349 | | - | processing procedure shall be established in order to provide 228 |
---|
350 | | - | adequately for the prompt receipt, investigation, and 229 |
---|
351 | | - | disposition of complaints against employees of the Office of the 230 |
---|
352 | | - | Leon County Sheriff. 231 |
---|
353 | | - | (2) PROCEDURE WITH RESPECT TO COMPLAINTS. — 232 |
---|
354 | | - | (a) Any employee of the Sheriff is authorized to receive a 233 |
---|
355 | | - | complaint against any other employee of the Sheriff. All 234 |
---|
356 | | - | complaints shall be reduced to writing and shall be resolved as 235 |
---|
357 | | - | provided herein: 236 |
---|
358 | | - | 1. If a complaint is received by an employee during normal 237 |
---|
359 | | - | working hours, the complaint shall be referred to the 238 |
---|
360 | | - | appropriate Division Commander unless the receiving employee is 239 |
---|
361 | | - | able to resolve the complaint, in which case the complaint and 240 |
---|
362 | | - | resolution shall be repor ted in writing to the Division 241 |
---|
363 | | - | Commander. If the complainant wishes to see the Sheriff, he 242 |
---|
364 | | - | shall be accommodated. 243 |
---|
365 | | - | 2. If a complaint is received after normal working hours, 244 |
---|
366 | | - | it shall be referred to the Watch Commander unless the receiving 245 |
---|
367 | | - | employee is able to resolve the complaint, in which case the 246 |
---|
368 | | - | complaint and resolution shall be reported in writing to the 247 |
---|
369 | | - | Watch Commander. The Watch Commander, in his discretion, shall 248 |
---|
370 | | - | conduct an investigation to determine if immediate action is 249 |
---|
371 | | - | needed to preserve the inte grity of the Office of the Sheriff. 250 |
---|
372 | | - | |
---|
373 | | - | CS/CS/HB 4073 2025 |
---|
| 353 | + | CS/HB 4073 2025 |
---|
| 362 | + | (a) Any employee of the Sheriff is authorized to receive a 251 |
---|
| 363 | + | complaint against any other employee of the Sheriff. All 252 |
---|
| 364 | + | complaints shall be reduced to writing and shall be resolved as 253 |
---|
| 365 | + | provided herein: 254 |
---|
| 366 | + | 1. If a complaint is received by an employee during normal 255 |
---|
| 367 | + | working hours, the complaint shall be referr ed to the 256 |
---|
| 368 | + | appropriate Division Commander unless the receiving employee is 257 |
---|
| 369 | + | able to resolve the complaint, in which case the complaint and 258 |
---|
| 370 | + | resolution shall be reported in writing to the Division 259 |
---|
| 371 | + | Commander. If the complainant wishes to see the Sheriff, he 260 |
---|
| 372 | + | shall be accommodated. 261 |
---|
| 373 | + | 2. If a complaint is received after normal working hours, 262 |
---|
| 374 | + | it shall be referred to the Watch Commander unless the receiving 263 |
---|
| 375 | + | employee is able to resolve the complaint, in which case the 264 |
---|
| 376 | + | complaint and resolution shall be reported in writ ing to the 265 |
---|
| 377 | + | Watch Commander. The Watch Commander, in his discretion, shall 266 |
---|
| 378 | + | conduct an investigation to determine if immediate action is 267 |
---|
| 379 | + | needed to preserve the integrity of the Office of the Sheriff. 268 |
---|
| 380 | + | If immediate action is not required, the complaint shall b e 269 |
---|
| 381 | + | referred to the appropriate Division Commander at the beginning 270 |
---|
| 382 | + | of the next working day, or sooner if required. 271 |
---|
| 383 | + | (b) All complaints shall be reviewed by the Sheriff. If 272 |
---|
| 384 | + | the Sheriff has reason to believe that the complaint is well 273 |
---|
| 385 | + | founded, he shall revie w the complaint with the employee's 274 |
---|
| 386 | + | appropriate chain of command. 275 |
---|
383 | | - | |
---|
384 | | - | If immediate action is not required, the complaint shall be 251 |
---|
385 | | - | referred to the appropriate Division Commander at the beginning 252 |
---|
386 | | - | of the next working day, or sooner if required. 253 |
---|
387 | | - | (b) All complaints shall be reviewed by the Sh eriff. If 254 |
---|
388 | | - | the Sheriff has reason to believe that the complaint is well 255 |
---|
389 | | - | founded, he shall review the complaint with the employee's 256 |
---|
390 | | - | appropriate chain of command. 257 |
---|
391 | | - | (c) If the Sheriff finds the complaint to be unfounded, a 258 |
---|
392 | | - | written report shall be filed for information only, and a copy 259 |
---|
393 | | - | of the report shall be given to the employee. 260 |
---|
394 | | - | (d) If the Sheriff finds that a complaint is well founded 261 |
---|
395 | | - | and that a violation has occurred, the Sheriff shall decide upon 262 |
---|
396 | | - | appropriate disciplinary action, and the employee shall be 263 |
---|
397 | | - | notified of the proposed disciplinary action as provided in 264 |
---|
398 | | - | Section 1. 265 |
---|
399 | | - | (e) If a nonsworn employee is dissatisfied with the 266 |
---|
400 | | - | decision of the Sheriff regarding disciplinary action resulting 267 |
---|
401 | | - | from a complaint, he may appeal the action to a Career Service 268 |
---|
402 | | - | Appeals Board. 269 |
---|
403 | | - | (f) If an employee who is subject to the provisions of s. 270 |
---|
404 | | - | 112.532, Florida Statutes, is dissatisfied with the decision of 271 |
---|
405 | | - | the Sheriff regarding disciplinary action resulting from a 272 |
---|
406 | | - | complaint, he may appeal the action to a Career Service App eals 273 |
---|
407 | | - | Board, or he may first request a Complaint Review Board under 274 |
---|
408 | | - | the provisions of s. 112.532, Florida Statutes, as provided in 275 |
---|
409 | | - | |
---|
410 | | - | CS/CS/HB 4073 2025 |
---|
| 388 | + | CS/HB 4073 2025 |
---|
| 397 | + | (c) If the Sheriff finds the complaint to be unfounded, a 276 |
---|
| 398 | + | written report shall be filed for information only, and a copy 277 |
---|
| 399 | + | of the report shall be given to the employee. 278 |
---|
| 400 | + | (d) If the Sheriff finds that a complaint is well founded 279 |
---|
| 401 | + | and that a violation has occurred, the Sheriff shall decide upon 280 |
---|
| 402 | + | appropriate disciplinary action, and the employee shall be 281 |
---|
| 403 | + | notified of the proposed disciplinary action as provided in 282 |
---|
| 404 | + | Section 1. 283 |
---|
| 405 | + | (e) If a nonsworn em ployee is dissatisfied with the 284 |
---|
| 406 | + | decision of the Sheriff regarding disciplinary action resulting 285 |
---|
| 407 | + | from a complaint, he may appeal the action to a Career Service 286 |
---|
| 408 | + | Appeals Board. 287 |
---|
| 409 | + | (f) If an employee who is subject to the provisions of s. 288 |
---|
| 410 | + | 112.532, Florida Statu tes, is dissatisfied with the decision of 289 |
---|
| 411 | + | the Sheriff regarding disciplinary action resulting from a 290 |
---|
| 412 | + | complaint, he may appeal the action to a Career Service Appeals 291 |
---|
| 413 | + | Board, or he may first request a Complaint Review Board under 292 |
---|
| 414 | + | the provisions of s. 112.532, Florida Statutes, as provided in 293 |
---|
| 415 | + | Section 4. 294 |
---|
| 416 | + | Section 4. Complaint Review Boards; membership; 295 |
---|
| 417 | + | procedure.— 296 |
---|
| 418 | + | (1) BOARDS; MEMBERSHIP. —If any employee who is subject to 297 |
---|
| 419 | + | the provisions of s. 112.532, Florida Statutes, requests a 298 |
---|
| 420 | + | Complaint Review Board as pr ovided in Section 3, the Sheriff 299 |
---|
| 421 | + | shall so call. Such a board shall be composed of the following 300 |
---|
420 | | - | |
---|
421 | | - | Section 4. 276 |
---|
422 | | - | Section 4. Complaint Review Boards; membership; 277 |
---|
423 | | - | procedure.— 278 |
---|
424 | | - | (1) BOARDS; MEMBERSHIP. —If any employee who is su bject to 279 |
---|
425 | | - | the provisions of s. 112.532, Florida Statutes, requests a 280 |
---|
426 | | - | Complaint Review Board as provided in Section 3, the Sheriff 281 |
---|
427 | | - | shall so call. Such a board shall be composed of the following 282 |
---|
428 | | - | personnel, all of whom shall be law enforcement officers as 283 |
---|
429 | | - | defined by the Criminal Justice Standards and Training 284 |
---|
430 | | - | Commission, and who may be selected from any state, county, or 285 |
---|
431 | | - | municipal agency within Leon County: 286 |
---|
432 | | - | (a) Two members selected by the Sheriff, not from the 287 |
---|
433 | | - | employee's chain of command; 288 |
---|
434 | | - | (b) Two members selected by the employee; and 289 |
---|
435 | | - | (c) A fifth member mutually selected by the other four 290 |
---|
436 | | - | members, provided that the fifth member shall serve as chairman 291 |
---|
437 | | - | of the Board and may be selected from the employee's chain of 292 |
---|
438 | | - | command. 293 |
---|
439 | | - | (d) The ranking officer in charge of personnel shall serve 294 |
---|
440 | | - | as an ex officio member of the Board, but shall have no vote. 295 |
---|
441 | | - | (2) PROCEDURE WITH RESPECT TO COMPLAINTS. — 296 |
---|
442 | | - | (a) A Complaint Review Board shall hear all of the facts 297 |
---|
443 | | - | contained in the accusation against the employee. The accused 298 |
---|
444 | | - | shall be present during the presentation of all allegations, 299 |
---|
445 | | - | witnesses, and evidence and shall have the right to question the 300 |
---|
446 | | - | |
---|
447 | | - | CS/CS/HB 4073 2025 |
---|
| 423 | + | CS/HB 4073 2025 |
---|
| 432 | + | personnel, all of whom shall be law enforcement officers as 301 |
---|
| 433 | + | defined by the Criminal Justice Standards and Training 302 |
---|
| 434 | + | Commission, and who may be selected from any state, county, or 303 |
---|
| 435 | + | municipal agency within Leon County: 304 |
---|
| 436 | + | (a) Two members selected by the Sheriff, not from the 305 |
---|
| 437 | + | employee's chain of command; 306 |
---|
| 438 | + | (b) Two members selected by the employee; and 307 |
---|
| 439 | + | (c) A fifth member mutually selected by the other four 308 |
---|
| 440 | + | members, provided that the fifth member shall serve as chairman 309 |
---|
| 441 | + | of the Board and may be selected from the employee's chain of 310 |
---|
| 442 | + | command. 311 |
---|
| 443 | + | (d) The ranking officer in charge of personnel shall serve 312 |
---|
| 444 | + | as an ex officio member of the Board, but shall have no vote. 313 |
---|
| 445 | + | (2) PROCEDURE WITH RESPECT TO COMPLAINTS. — 314 |
---|
| 446 | + | (a) A Complaint Review Board shall hear all of the facts 315 |
---|
| 447 | + | contained in the accusation against the employee. The accused 316 |
---|
| 448 | + | shall be present during the presentation of all allegations, 317 |
---|
| 449 | + | witnesses, and evidence and shall have the right to question the 318 |
---|
| 450 | + | accuser and all witnesses and to present any witnesses in his 319 |
---|
| 451 | + | own behalf. The Board shall also have the right to question the 320 |
---|
| 452 | + | accuser and all witnesses. 321 |
---|
| 453 | + | (b) A Complaint Review Board, based upon its 322 |
---|
| 454 | + | investigations and deliberations, shall determine by majority 323 |
---|
| 455 | + | vote whether the complaint is: 324 |
---|
| 456 | + | 1. "Unfounded," if the complaint is conclusively proved to 325 |
---|
457 | | - | |
---|
458 | | - | accuser and all witnesses and to present any witnesses in his 301 |
---|
459 | | - | own behalf. The Board shall also have the right to question the 302 |
---|
460 | | - | accuser and all witnesses. 303 |
---|
461 | | - | (b) A Complaint Review Board, based upon its 304 |
---|
462 | | - | investigations and deliberations, shall determine by majority 305 |
---|
463 | | - | vote whether the complaint is: 306 |
---|
464 | | - | 1. "Unfounded," if the complaint is conclusively proved to 307 |
---|
465 | | - | be unfounded. 308 |
---|
466 | | - | 2. "Not Sustained," if the evidence is insufficient to 309 |
---|
467 | | - | clearly prove or disprove the allegation; 310 |
---|
468 | | - | 3. "Sustained," if there is sufficient evidence to clearly 311 |
---|
469 | | - | prove the complaint; or 312 |
---|
470 | | - | 4. That the accused is "exonerated" if the acts which were 313 |
---|
471 | | - | the basis of the complaint occur red, but were justified, proper, 314 |
---|
472 | | - | and lawful. 315 |
---|
473 | | - | (c) If a Board finds that an accused is "exonerated," or 316 |
---|
474 | | - | that a complaint is "unfounded" or "not sustained," it shall 317 |
---|
475 | | - | forward written notice thereof to the Sheriff and to the 318 |
---|
476 | | - | employee within 24 hours after the decision is reached. 319 |
---|
477 | | - | (d)1. If a Board finds that a complaint is "sustained," it 320 |
---|
478 | | - | shall submit to the Sheriff and to the employee within 24 hours 321 |
---|
479 | | - | after reaching the decision written findings stating the law, 322 |
---|
480 | | - | rule, regulation or policy violated, as well as any 323 |
---|
481 | | - | recommendations regarding disciplinary action to be taken 324 |
---|
482 | | - | against the accused. 325 |
---|
483 | | - | |
---|
484 | | - | CS/CS/HB 4073 2025 |
---|
| 458 | + | CS/HB 4073 2025 |
---|
| 467 | + | be unfounded. 326 |
---|
| 468 | + | 2. "Not Sustained," if the evidence is insufficient to 327 |
---|
| 469 | + | clearly prove or disprove the allegation; 328 |
---|
| 470 | + | 3. "Sustained," if there is sufficient evidence to clearly 329 |
---|
| 471 | + | prove the complaint; or 330 |
---|
| 472 | + | 4. That the accused is "exonerated" if the acts which were 331 |
---|
| 473 | + | the basis of the complaint occurred, but were justified, proper, 332 |
---|
| 474 | + | and lawful. 333 |
---|
| 475 | + | (c) If a Board finds that an accused is "exonerated," or 334 |
---|
| 476 | + | that a complaint is "unfounded" or "not sustained," it shall 335 |
---|
| 477 | + | forward written notice thereof to the Sheriff and to the 336 |
---|
| 478 | + | employee within 24 hours after the decision is reached. 337 |
---|
| 479 | + | (d)1. If a Board finds that a complaint is "sustained," it 338 |
---|
| 480 | + | shall submit to the Sheriff and to the employee within 24 hours 339 |
---|
| 481 | + | after reaching the decision written findings stating the law, 340 |
---|
| 482 | + | rule, regulation or policy violated, as well as any 341 |
---|
| 483 | + | recommendations regarding disciplinary action to be taken 342 |
---|
| 484 | + | against the accused. 343 |
---|
| 485 | + | 2. The Sheriff, after notification of a finding of 344 |
---|
| 486 | + | "sustained," shall consult with the employee's chain of command 345 |
---|
| 487 | + | to review the findings and recommendations of the Board, and the 346 |
---|
| 488 | + | Sheriff may take such disciplinary action as he deems 347 |
---|
| 489 | + | appropriate. 348 |
---|
| 490 | + | 3. The decision of the Sheriff with respect to the 349 |
---|
| 491 | + | findings of a Board and resulting disciplinary action may be 350 |
---|
494 | | - | |
---|
495 | | - | 2. The Sheriff, after notification of a finding of 326 |
---|
496 | | - | "sustained," shall consult with the employee's chain of command 327 |
---|
497 | | - | to review the findings and recommendations of the Board , and the 328 |
---|
498 | | - | Sheriff may take such disciplinary action as he deems 329 |
---|
499 | | - | appropriate. 330 |
---|
500 | | - | 3. The decision of the Sheriff with respect to the 331 |
---|
501 | | - | findings of a Board and resulting disciplinary action may be 332 |
---|
502 | | - | appealed to a Career Service Appeals Board pursuant to Section 333 |
---|
503 | | - | 2. If such an appeal is taken, no findings or recommendations by 334 |
---|
504 | | - | the Complaint Review Board with respect to the case shall be 335 |
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505 | | - | considered by the Career Service Appeals Board in its 336 |
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506 | | - | proceedings. 337 |
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507 | | - | Section 5. All commissioned and noncommissioned persons in 338 |
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508 | | - | the employ of the Office of the Sheriff of Leon County on the 339 |
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509 | | - | effective date of this act who have served for a period of 1 340 |
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510 | | - | calendar year or more as of such date shall be permanent 341 |
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511 | | - | employees subject to the provisions of this act. All other 342 |
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512 | | - | employees shall become permanent employees subject to the 343 |
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513 | | - | provisions of this act upon reaching their 1 calendar year 344 |
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514 | | - | service anniversary date. 345 |
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515 | | - | Section 2. The provisions of this act are severable and if 346 |
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516 | | - | any provision is held unconstitutional, the decision of the 347 |
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517 | | - | court regarding that provision shall not affect the validity of 348 |
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518 | | - | the remaining provisions. It is hereby declared to be the intent 349 |
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519 | | - | of the Legislature that the remaining provisions of the act 350 |
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520 | | - | |
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521 | | - | CS/CS/HB 4073 2025 |
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| 493 | + | CS/HB 4073 2025 |
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530 | | - | |
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531 | | - | |
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532 | | - | would have been adopted had such unconstitutional provisions not 351 |
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533 | | - | been included herein. 352 |
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534 | | - | Section 3. This act shall take effect upon becoming a law. 353 |
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| 502 | + | appealed to a Career Service Appeals Board pursuant to Section 351 |
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| 503 | + | 2. If such an appeal is taken, no findings or recommendations by 352 |
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| 504 | + | the Complaint Review Bo ard with respect to the case shall be 353 |
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| 505 | + | considered by the Career Service Appeals Board in its 354 |
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| 506 | + | proceedings. 355 |
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| 507 | + | Section 5. All commissioned and noncommissioned persons in 356 |
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| 508 | + | the employ of the Office of the Sheriff of Leon County on the 357 |
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| 509 | + | effective date of this act who have served for a period of 1 358 |
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| 510 | + | calendar year or more as of such date shall be permanent 359 |
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| 511 | + | employees subject to the provisions of this act. All other 360 |
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| 512 | + | employees shall become permanent employees subject to the 361 |
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| 513 | + | provisions of this act upon reaching their 1 ca lendar year 362 |
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| 514 | + | service anniversary date. 363 |
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| 515 | + | Section 2. The provisions of this act are severable and if 364 |
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| 516 | + | any provision is held unconstitutional, the decision of the 365 |
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| 517 | + | court regarding that provision shall not affect the validity of 366 |
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| 518 | + | the remaining provisions. It is hereby declared to be the intent 367 |
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| 519 | + | of the Legislature that the remaining provisions of the act 368 |
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| 520 | + | would have been adopted had such unconstitutional provisions not 369 |
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| 521 | + | been included herein. 370 |
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| 522 | + | Section 3. This act shall take effect upon becoming a law. 371 |
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