Sec. 54-31. - Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Appointee includes but is not limited to those persons who serve as appointees, rather than employees, of the sheriff as law enforcement, correctional, bailiff, civil process server or other positions as appointed by the sheriff under the constitution and the laws of the state.

Classified service includes those persons employed or appointed to full-time deputy or civilian full-time positions, except persons on the sheriff's executive staff, who have attained permanent status within the office of the sheriff.

Deputy includes those persons serving as law enforcement and detention deputies.

Disciplinary action means suspension of three days or more without pay, a demotion of more than one rank for appointee or classification for civilian or dismissal. If a classified employee is demoted one rank or classification as applicable, with no right of appeal, any further demotion within a six-month period shall be for cause. Nothing in this article is intended to provide the privilege of appeal regarding any adverse employment action, except for the disciplinary action stated in this article.

Employee, employ and employment means all persons, whether employed or appointed, to whom this article applies.

Executive staff includes appointees and employees who have attained the rank of captain or above, bureau commanders, directors, the sheriff's legal counsel, the sheriff's executive and administrative assistants, the sheriff's executive secretary and any other positions which may be designated by the sheriff. All persons holding positions on the sheriff's executive staff shall be selected by and serve in that position exclusively at the pleasure of the sheriff without recourse except as specifically provided in this article. Persons holding a position on the sheriff's executive staff shall not be afforded permanent employee status while serving on the staff; however, it is within the sheriff's discretion to grant an executive staff member's request for reassignment to a position within the classified service. Executive staff members have no privilege of appeal under this article.

Permanent employee status means:

(1)

In order to attain permanent status, an employee of the sheriff's office to whom this article applies shall serve satisfactorily and continuously in a position within the classified service for a period of one calendar year, provided that if an employee is placed on extensive probation, that employee is required to complete one calendar year of satisfactory, continuous service from the date the probation became effective. Nothing in this subsection shall prohibit the sheriff from extending the probationary period of any employee who has not met the applicable standards of the sheriff.

(2)

Any employee who is separated from employment and reemployed at a later date shall be required to complete one year of satisfactory continuous service from the date that the employee returns to work, regardless of whether the employee had attained permanent status during his prior period of employment with the sheriff's office. For the purpose of this subsection, continuous employment includes those periods of authorized military, maternity and other disability leave; however, any such period shall not be credited toward the minimum requirement that an employee complete one calendar year of satisfactory service.

(3)

Any employee covered by this article who is transferred or promoted to a position within the classified service shall be required to serve a one-year satisfactory and continuous probationary period attendant to the promotion or transfer; however, the employee shall retain permanent status in the office of the sheriff, but may be demoted or transferred to his prior or substantially equivalent position or rank during the probationary period without the privilege of appeal as provided in this article.

Probationary employee means an employee who has not completed the one-year requirement for permanent status. Nothing in this article shall prohibit the sheriff from taking any disciplinary action against a probationary employee.

Promotion means the appointment of the appointee from one position to a position of a higher rank, and the term "rank" means the relative position of the appointee within the chain of command. For civilian employees, the term "promotion" means the appointment from one classification to a higher classification.

Unclassified service includes special deputy sheriffs appointed pursuant to F.S. § 30.09(4), members of the sheriff's posse or reserve unit, all volunteer positions, all contract positions, all part-time employees and individuals appointed as part-time deputy sheriffs, as defined by the criminal justice standards and training commission, unless any such person is also employed full time by the office of sheriff, and all full-time employees who have not attained permanent employee status. All consultants and independent contractors shall be considered members of the unclassified service. This article shall not apply to any member of the unclassified service.

(Code 1970, § 15½-22; Ord. No. 90-12, § 2, 9-25-90; Ord. No. 03-04, § 1, 1-28-03)

Cross reference— Definitions generally, § 1-2.

Sec. 54-32. - Applicability.

This article shall apply only to full-time, permanent members of the classified service of the sheriff's office and those persons serving in a probationary status which is attendant to a promotion or transfer. This article shall not apply to members of the sheriff's executive staff or persons within the unclassified service who serve solely at the pleasure of the sheriff. It is the express purpose of this article to provide guidelines and procedures for the appeal of specified disciplinary action against those appointees and employees covered by this article. This article shall confer privileges incidental to employment, rather than any rights, except as specifically provided in this article. This article shall not be held or construed to create any property rights or any vested interest in any office, position or employment, and the right is reserved by the sheriff to seek the modification or amendment of this article or any section of this article at any time.

(Code 1970, § 15½-21; Ord. No. 90-12, § 1, 9-25-90)

Sec. 54-33. - Amendments.

The sheriff reserves the exclusive right as the constitutionally elected sheriff to seek amendment, alteration or repeal of any privilege granted under this article or any section of this article by subsequent act of the board of county commissioners. This article shall not be amended, altered or repealed without written notice to the sheriff.

(Code 1970, § 15½-34; Ord. No. 90-12, § 14, 9-25-90)

Sec. 54-34. - Administration.

The sheriff shall have the authority to adopt such rules, standards and regulations as are needed for the implementation and administration of this article, including all time limits and procedures not specified in this article. Such rules and procedures shall be effective upon notice to the sheriff's personnel office; however, nothing in this article shall be construed as affecting the budget-making powers of the board of county commissioners.

(Code 1970, § 15½-28; Ord. No. 90-12, § 8, 9-25-90)

Sec. 54-35. - Limitation of interest.

Nothing in this article shall restrict the constitutional authority of the sheriff over his appointees. This article shall be construed as a grant of limited and reserved privileges on behalf of the sheriff to his appointees and employees. This article shall not create any rights or interest, whether expressed or implied, and none shall be inferred. It is not the intent of this article to grant the practice of collective bargaining to persons in the employ of the office of sheriff who do not otherwise have that right pursuant to law. No other rights, interests, privileges or protection shall be created, implied or inferred.

(Code 1970, § 15½-32; Ord. No. 90-12, § 12, 9-25-90)

Sec. 54-36. - Immunities.

The board of county commissioners, its departments, employees and agents; the members of the career service appeal board and their alternates; the sheriff's witnesses while giving truthful testimony; and the sheriff's representatives, individually and collectively, shall be immune from all civil liability arising from actions taken pursuant to this article.

(Code 1970, § 15½-31; Ord. No. 90-12, § 11, 9-25-90)

Sec. 54-37. - Disciplinary action.

(a)

The sheriff may take the disciplinary action, including the demotion, suspension or dismissal of an employee who has achieved permanent status under this article, for any cause which, in the sheriff's opinion, will promote the efficiency of the office of sheriff. Prior to such action, the employee shall be furnished written notice of the proposed action and offered an opportunity to respond to the reasons for such disciplinary action. However, in extraordinary situations, such as when delay could adversely impact the public safety or welfare or unduly interfere with the efficient operation of the office of sheriff or otherwise result in damage or injury, an employee covered by this article may be immediately suspended or dismissed. In such a situation, the employee shall be provided notice of the reasons for the disciplinary action within five days after the disciplinary action occurs.

(b)

For the purpose of this article, cause for disciplinary actions shall include, but not be limited to, the following: untruthfulness; insubordination; negligence; inefficiency; inability to perform assigned duties; incompetence; violation of the provisions of law, including arrest; criminal charges by indictment or information; violation of office rules, regulations, policy or procedures; conduct unbecoming a public employee; misconduct; alcohol or drug abuse; adjudication of guilt by a court, a plea of guilty or nolo contendere or a court verdict of guilty when an adjudication of guilt is withheld and the accused is placed on probation with respect to any felony, misdemeanor or serious traffic infraction; and suspension, removal or revocation of an employee's certification.

(c)

Nothing in this section shall prohibit the sheriff or his designee from placing any employee on special duty or administrative leave, with or without pay, pending the outcome of administrative proceedings such as an internal affairs investigation, career service hearing or other official proceedings.

(Code 1970, § 15½-23; Ord. No. 90-12, § 3, 9-25-90; Ord. No. 11-17, § 2, 12-6-11)

Sec. 54-38. - Career service appeal board.

(a)

Functions. The career service appeal board shall be elected as provided in this section for the purpose of hearing appeals of members of the classified service of the sheriff's office arising only from those disciplinary actions specified in this article. The career service appeal board shall be an internal board of the sheriff and shall not possess any powers, duties or responsibilities except as provided in this article or by supplemental rules and regulations which may be promulgated by the sheriff.

(b)

Membership. The board shall be composed of five members and alternates who shall be appointed or elected as follows:

(1)

Appointed position. One member of the board shall be an employee of the office of sheriff in good standing, appointed by and serving at the pleasure of the sheriff. The sheriff has direction to appoint alternates to the board for this position.

(2)

Elected positions. Three of the five board members shall be elected from those persons in good standing within the classified service, by a plurality of those employees eligible to cast ballots in each of the categories set forth in this subsection. Persons satisfying the eligibility requirement who receive the second highest number of votes in each category shall serve as alternate board members. Only those members of the classified service who are in good standing are eligible to vote. For the purpose of this subsection, the eligible voters as described in this subsection shall select a board member and alternate from each of the following categories:

(3)

Selected position. One member of the board shall be at least 21 years of age, a citizen of good moral character, a resident of the county for at least five years prior to appointment and not an employee of the office of the sheriff. Such member shall be selected by a simple majority of the other four members of the board. An alternate member who meets these criteria shall be selected in a similar manner. This selected member and alternate should not be a public employee or an elected official of a local government, county, the state or a political subdivision thereof; a member of any national, state or county committee of a political party; a candidate for or incumbent of any public office; or related by blood or marriage to the sheriff or any of the sheriff's employees.

(c)

Procedures.

(1)

If for any reason the status of any board member or alternate changes to the extent that the member would no longer be eligible for election or appointment to a particular board position pursuant to this article, such board member shall immediately vacate the position on the board. The failure to vacate may subject the board member to legal action for disqualification.

(2)

The election of the board members and alternates referred to in subsection (b)(2) of this section as elected positions shall be held on the second Tuesday of January, with the members taking office the first Monday of February. Notice of the election shall be provided thirty (30) days before the election and shall be provided through the Sheriff's electronic mail system.

(3)

The selection of the board member and alternate referred to in subsection (b)(3) of this section as a selected position shall be held on the first Monday of February with the member taking office immediately upon selection by the other board members.

(4)

The elected members of the board and their alternates shall serve a term in office of two (2) years.

(5)

Interim members of the board, presently serving, shall continue to serve until the first elections are held at a date and time to be set by the sheriff.

(6)

Any member of the board may voluntarily withdraw from a proceeding due to a conflict of interest or personal bias or the board may, by simple majority vote, to temporarily excuse a board member during consideration of an issue where the board believes a material conflict of interest or a personal bias exists or where a board member is called as a material witness in any related proceeding. In all proceedings, the sheriff shall be represented by a member on the board.

(7)

If a vacancy occurs on the board or if a board member is unwilling or unable to serve for whatever reason, the alternate member shall serve for the duration of the hearing or term of office, as the case may be.

(8)

If an elected or selected alternate's position is permanently vacated, the chairman shall call a special meeting of the board for the purpose of filling the vacancy. The board by simple majority shall select an alternate from those persons who would be eligible for nomination under this section. The alternate's term will coincide with the vacated member's term of office. If an alternate is unwilling or unable to serve in a particular proceeding, the sheriff or the board may appoint ad hoc alternates to fill those positions in accordance with their authority under this article.

(Code 1970, § 15½-24; Ord. No. 90-12, § 4, 9-25-90; Ord. No. 03-04, § 2, 1-28-03; Ord. No. 11-17, § 2, 12-6-11)

Cross reference— Boards, committees, authorities, councils and commissions, § 2-196 et seq.

Sec. 54-39. - Duties and powers of career service appeal board.

(a)

The career service appeal board established in section 54-38 shall, upon its organization, select one member as chairperson and one person as secretary, and they shall perform their duties in accordance with the procedures set forth in this article and any supplemental rules and regulations which may be promulgated by the sheriff.

(b)

The career service appeal board shall have the power, subject to this article to:

(1)

Require observance of this article and any rules and regulations adopted by the sheriff for implementation and administration of this article.

(2)

Review matters properly brought before it and determine if just cause for discipline exists. All matters concerning the form or manner of discipline upon a finding of just cause shall be within the sole province and discretion of the sheriff.

(c)

The board shall meet for the purpose of conducting an evidentiary hearing regarding a timely and properly filed appeal of disciplinary action as defined in this article. The board shall, in the conduct of such hearings, have power to administer oaths, issue subpoenas, compel the attendance of witnesses and require the production of books, records, accounts, papers, documents, testimony and other evidence. For disobedience of any person to comply with an order of the board or a subpoena issued by the board or upon the refusal of a witness to testify in any matter for which he may be lawfully interrogated, a county judge of the county in which a person resides, upon application of any member of the board, shall compel obedience by proceeding as for contempt. Each witness who appears in obedience to subpoena before the board shall receive compensation for attendance fees and mileage as provided for witnesses in civil cases in the courts of this state. Such payment shall be made by the party calling the witness, except with respect to any witness called by the board. Payment shall be made by the sheriff upon presentation of proper vouchers and approval by three members of the board.

(d)

The board shall first determine jurisdiction over the appeal before it. The board is without power under this article to hear the appeal of any disciplinary action which is not expressly provided for in this article. No action or decision by the board shall be binding on any party, including the sheriff, if the board lacks jurisdiction over the matter before it.

(e)

The board is without power or authority to modify, alter, reduce or otherwise change the disciplinary action imposed by the sheriff which was the subject of the appeal. The board has no authority to impose on any employee a penalty which is more harsh than that which forms the basis of the appeal. Any new charges or allegations which are discovered in proceedings before the board may be referred to the sheriff for investigation and further proceedings without prejudice.

(Code 1970, § 15½-25; Ord. No. 90-12, § 5, 9-25-90; Ord. No. 11-17, § 2, 12-6-11)

Sec. 54-40. - Career service appeal procedure.

(a)

An appeal of disciplinary action specified in this article shall be made to the sheriff in writing and must be received by the sheriff's personnel office no later than five working days after the employee is notified of the action on which the appeal is based.

(b)

The career service appeal board shall meet for the purpose of hearing the appeal within 30 working days or as soon as practicable thereafter as determined by the board. The board, in its discretion, may grant a continuation or extension of time for good cause.

(c)

During any hearing, the employee filing the appeal shall have the right to be heard publicly and to be represented by a person of his own choice. If the employee chooses to be represented by legal counsel, it shall be at his/her own expense. Any such hearing will be conducted as informally as is compatible with justice, and both the office of sheriff and the employee will be afforded an opportunity to present their cases. During such hearings the technical rules of evidence and civil procedures shall not apply. The employee and sheriff's representative will be given the opportunity to present documentary evidence and witnesses on their behalf and to examine and cross examine witnesses. Testimony and evidence will be restricted to the charges or reasons given for the disciplinary action taken. Either party may invoke the rule of excluding witnesses from the hearing room until they are called upon to testify. During the hearing the members of the career service appeal board may direct questions to any party or witness at any time during the proceedings.

(d)

The career service appeal board shall by majority vote to dispose of the appeal by making findings of fact and determinations of just cause for disciplinary action, if any, and issuing a written decision within the time period provided by rule. Such decision shall either sustain or not sustain a finding of just cause for disciplinary action taken by the sheriff. If an action by the sheriff is not sustained by the board, the board shall offer such remedial relief as will make the employee whole by the payment of back pay, restoration of employment and pension benefits and reinstatement to the employee's former or substantially equivalent position of employment. No back pay shall be paid for any period where the employee absented himself/herself from the labor market or was otherwise unable to work or where the employee is unable to prove that he/she actively sought employment. Back pay shall not include any amount paid by unemployment compensation. In order for an employee to prove that he/she actively sought employment during the back-pay period, the employee must satisfy all eligibility requirements of F.S. ch. 443, that he/she applied for available, suitable work and accepted suitable work when offered. Registration with the state employment service and local employment agencies shall be considered as evidence of an effort to find suitable employment. Registration alone, however, will not be sufficient to demonstrate a good faith job search, but rather the employee shall provide evidence that he/she has on a weekly basis personally visited or revisited potential places of employment and has filed appropriate applications and that he/she has made appropriate other inquiries into employment possibilities and maintained contemporaneous written records of his efforts to locate employment throughout the back-pay period. The board has no authority to award attorneys' fees or compensatory, special or punitive damages.

(e)

The decision of the career service appeal board shall be final and binding on the employee and the sheriff unless a state court's jurisdiction is invoked by appeal or certiorari to review the board's action. If the court accepts jurisdiction, the board's order shall be stayed pending completion of the court proceedings. The employee shall provide and maintain a current mailing address with the sheriff's personnel office during the pending of the career service proceedings and may not refuse to cooperate in any internal investigation or to testify and must truthfully answer questions before the board. Employees may be called as adverse witnesses in all proceedings before the board. The board may impose sanctions, including dismissal of the employee's appeal with costs assessed against the employee, if he fails to cooperate or testify in the manner provided in this section or if the board determines the employee's appeal to be frivolous or without merit. An employee who seeks relief under this article shall be bound by its terms and conditions.

(f)

All time limits shall be jurisdictional and the failure of an employee to timely comply with this article shall constitute a waiver of the employee's privilege of appeal. If a failure to timely comply occurs by an employee because of an extreme hardship, the employee may request directly to the sheriff an extension of time or permission to proceed. The decision of the sheriff is discretionary and shall not be subject to review by the board or court or shall not be precedent on any other matter before the sheriff, board or court.

(Code 1970, § 15½-26; Ord. No. 90-12, § 6, 9-25-90; Ord. No. 11-17, § 2, 12-6-11)

Sec. 54-41. - Public proceedings; confidentiality; records; communications to member of career service appeal board; finding of cause.

(a)

The proceedings of the career service appeal board under this article, including deliberations, shall be public.

(b)

Nothing in this article shall be construed to make available any attorney work product as provided by F.S. § 119.07(3)(o), confidential matters provided by F.S. § 112.533 or any other record or matter exempted or privileged by law. All other papers filed in the case shall be public records. The board shall tape, record or otherwise preserve all proceedings before it. Nothing shall prohibit the use of a tape recorder by any person present or the use of a court reporter at any proceedings; however, the cost of attendance by such reporter shall be borne by the party requesting the reporter.

(c)

A member of the career service appeal board who is involved in the decisional process and who receives ex parte communication shall place on the record of the pending matter all written communications received, all written responses to such communications and a memorandum stating the substance of all oral communications received and all oral responses made and shall also advise all parties that such matters have been placed on the record. Any party desiring to rebut the ex parte communication shall be allowed to do so, if such party requests the opportunity for rebuttal within ten days after notice of such communication. For the purpose of this subsection, ex parte communication is defined as set forth in F.S. § 120.66(1).

(d)

The finding of cause by the career service appeal board shall be based exclusively on the record evidence before the board. An employee's failure to appear at the scheduled board hearing without just cause shall constitute an abandonment of his privilege of appeal which shall result in a decision of the board to sustain the sheriff's disciplinary action. The failure of the office of sheriff to appear, without just cause, shall result in a board decision not to sustain the sheriff's disciplinary action. If this occurs, however, the employee is still required to provide evidence that he is entitled to specific back-pay relief as provided for in this article.

(Code 1970, § 15½-27; Ord. No. 90-12, § 7, 9-25-90)

Sec. 54-42. - Budget.

The sheriff shall provide in the annual budget for sufficient funding to enable the career service appeal board to properly carry out this article.

(Code 1970, § 15½-29; Ord. No. 90-12, § 9, 9-25-90)

Sec. 54-43. - Subpoena, witness fees, service of subpoena.

Pursuant to this article, the sheriff shall serve all subpoenas within the county with no charge; however, all costs for service issued to persons outside the county shall be borne by the party requesting the subpoena. The sheriff shall adopt rules regulating the service of subpoenas and payment of costs and witness fees.

(Code 1970, § 15½-30; Ord. No. 90-12, § 10, 9-25-90)

Sec. 54-44. - Transition of employees.

When a newly elected or appointed sheriff assumes office, the incoming sheriff shall continue the employment of employed classified service personnel unless cause for dismissal as provided in this article exists.

(Code 1970, § 15½-33; Ord. No. 90-12, § 13, 9-25-90)