§ A2-2. Career service appeals boards; creation; membership; duties.

(1)

Function of boards. Ad hoc career service appeals boards shall be appointed as provided in this section for the purpose of hearing appeals of permanent employees arising from personnel actions brought under office rules or policies which result in dismissal, suspension, demotion, or reduction in pay; provided that reprimands, oral or written, and suspensions of five (5) working days or less resulting from a single investigation, loss of specialty pay, and any intra-office transfer of an employee made as a result of an investigation, unless such transfer includes a reduction in the employee's pay, and any investigation resulting only in an order of indemnification from the employee for damage to property caused by employee negligence or misconduct, unless the amount of indemnification ordered is greater than the amount of the employee's salary for a period of more than five (5) days, are not appealable to a board. Any such board may also provide assistance and advice to the sheriff in matters concerning disciplinary actions and may take any other action authorized by the sheriff.

(2)

Membership of boards. When needed upon the call of the sheriff, or upon the filing of an appeal, an ad hoc career service appeals board shall be appointed. The membership of each such board shall consist of five (5) employees of the office of the sheriff. Two (2) members must be selected by the sheriff, two (2) members must be selected by the employee filing the appeal, and the fifth member, who shall serve as chairman of the board, must be selected by the other four (4) members. The ranking officer in charge of personnel shall serve as an ex officio member of the board, but shall have no vote. Any employee shall have the right to decline to serve as a member of a board. Employees selected to serve on a board shall serve without additional compensation or overtime compensation with respect to such service. Once selected to a board, the members thereof shall serve until final action is taken by the board with respect to the purpose for which the board was selected, at which time the board shall be dissolved.

(3)

Procedure with respect to appeals.

(a)

An appeal of an action specified in section 1 [A2-1] must be made in writing to the sheriff and must be received by the sheriff no later than three (3) working days after the employee is notified of the action on which the appeal is based.

(b)

A career service appeals board shall be selected and shall meet for purposes of hearing the appeal no later than fifteen (15) working days after receipt of an appeal by the sheriff. A board may grant an extension or a continuance upon a showing of good cause therefor.

(c)

During any hearing, the employee filing the appeal shall have the right to be heard publicly, to be represented by a person of his choice, and to present any evidential facts in his behalf; and, during such hearing, the technical rules of evidence do not apply. A board shall, in the conduct of such hearings, have the power to administer oaths, issue subpoenas, compel the attendance of witnesses, and require the production of books, records, accounts, papers, documents, and testimony. In case of disobedience of any person to comply with an order of a board or a subpoena issued by a board, or upon the refusal of a witness to testify on any matter regarding which he may be lawfully questioned, a county court judge of the county in which a person lawfully resides, upon application of any member of the board, shall compel obedience by proceeding as for contempt. Each witness who appears in obedience to a 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 payments must be made by the party calling the witness; except that, with respect to any witnesses called by the board, payments must be made by the sheriff upon presentation of proper vouchers and approval by three (3) members of the board.

(d)

A board shall by majority vote dispose of the appeal for which it was appointed by making findings of fact and issuing a written decision. Such decision must either sustain or not sustain the action being appealed. If an action by the sheriff is not sustained by a board, the board shall order such remedial action as is appropriate, which may include reinstatement with back pay, and may modify any personnel action which was the subject of the appeal. No board shall have the authority to impose on any employee any penalty which is more harsh than that which formed the basis of the appeal.

(e)

The decision of a board is final and binding on the employee and the sheriff.

(Laws of Fla., Ch. 87-457, § 2)