§ A2-1. Employees of Marion County Sheriff; applicability of act; permanent status of employees; administration.

(1)

Applicability. This act applies to all certified and noncertified persons in the employ of the office of the Marion County Sheriff, including deputy sheriffs. This act does not apply to the sheriff, the staff attorney, special deputy sheriffs appointed pursuant to s. 30.09(4), Florida Statutes, or members of the sheriff's posse or reserve units or any other of the sheriff's satellite units; to individuals appointed as part-time deputy sheriffs, as defined by the Criminal Justice Standards and Training Commission; or to any other part-time or contract employee, unless any such person is also employed full time by the office of the sheriff. As used in this act, the terms "employee," "employ," and "employment" refer to all persons, whether employed or appointed, to whom the act applies. It is not, however, the intent of this act to grant the right of collective bargaining to persons in the employ of the office of the Marion County Sheriff who do not otherwise have that right pursuant to law.

(2)

Permanent status; cause for suspension or dismissal.

(a)

When an employee of the sheriff to whom the act applies has served in such employment for a continuous period of one calendar year, the employee attains permanent status in the office of the sheriff, unless the employee is placed on extended probation, in which case permanent status will be attained only upon satisfactory completion of the extended probationary period; provided, however, that if an employee is placed on an extended probation for a period of six (6) months or more or is terminated and subsequently rehired, that employee must complete one calendar year of continuous service from the date of the end of the probationary period or from the date of rehiring before being granted the right of appeal provided in section 2[A2-2]. An employee who is required to serve a probationary period attendant to a promotion retains permanent status in the office of the sheriff, but may be demoted to his prior rank during such probationary period without the right of appeal as provided in section 2[A2-2].

(b)

An employee who has achieved permanent status in the office of the sheriff may be suspended or dismissed only for cause. Prior to such suspension or dismissal, however, the employee must be furnished written notice of the proposed action and offered an opportunity to respond to the reasons for the suspension or dismissal. However, in extraordinary situations, such as when delay could result in damage or injury, an employee may be suspended or dismissed for cause immediately and provided notice thereof and reasons therefor within twenty-four (24) hours, or as soon as is practical if circumstances surrounding each extraordinary situation makes notice within twenty-four (24) hours impractical. Cause for suspension or dismissal includes, but is not limited to, negligence, inefficiency, or inability to perform assigned duties, insubordination, willful violation of the provisions of law or office rules, conduct unbecoming a public employee, misconduct, proof of alcohol abuse, proof of abuse of prescription drugs, or proof of use of illegal drugs. Cause for suspension or dismissal also includes adjudication of guilt by a court of competent jurisdiction, a plea of guilty or of nolo contendere, or a verdict of guilty when adjudication of guilt is withheld and the accused is placed on probation with respect to any felony, misdemeanor, or major traffic infraction. The filing of felony, misdemeanor, or major traffic infraction charges against an employee constitutes cause for suspension.

(3)

Transition of employees. When a newly elected or appointed sheriff assumes office, the incoming sheriff shall continue the employment of currently employed permanent personnel unless cause for dismissal, as provided in this section, exists. However, the incoming sheriff may maintain the current personnel assigned to the positions of sheriff's secretary and bureau chiefs. If the incoming sheriff fills the bureau chief positions with new personnel, the current occupants of those positions must be reduced by one rank, which rank will be permanent unless later reduced by disciplinary demotion, and their salaries may be reduced accordingly. If the incoming sheriff fills the position of nonsworn bureau chiefs with new personnel, the current occupants of those positions must be reduced by one position within the bureau, which positions are permanent unless later reduced by disciplinary demotion, and their salaries may be reduced accordingly. If the incoming sheriff fills the sheriff's secretary position with a new employee, the current occupant of that position must be transferred to another position for which the employee is qualified within the office of the sheriff. Actions taken pursuant to this subsection affecting the bureau chief positions and the sheriff's secretary position are not appealable under section 2[A2-2].

(4)

Administration. The sheriff may adopt such rules and regulations as are necessary for the implementation and administration of this act; however, nothing in this act may be construed as affecting the budget-making powers of the Board of County Commissioners of Marion County.

(Laws of Fla., Ch. 87-457, § 1)