Be It Enacted
by the Legislature of the State of Florida:
Section
1.
This act supersedes Chapter 96-519, Laws of Florida, which establishes
and provides for the Hillsborough County Civil Service Act, and all acts
amendatory or supplementary thereto, and constitutes a consolidation,
compilation, and codification of all laws expressly repealed by this act
which pertain to the Hillsborough County Civil Service Act. This act guarantees
continuance of all rights, privileges, or benefits accrued by any classified
employee as a result of employment prior to the effective date of this
act. Any position in the classified service as defined by Chapter 82-301,
Laws of Florida, through September 30, 1985, and which was occupied through
that date, but which became exempt upon the effective date of chapter
85-424, Laws of Florida, may remain in the classified service pursuant
to the provisions of this act until the occurrence of any one of the following:
request by said person to be transferred to the exempt service; dismissal
by the Appointing Authority; resignation; or retirement.
Section
2. STATEMENT OF POLICY
It is the purpose of this act to establish a system for the formulation
and implementation of procedures to ensure the uniform administration
of the classified service on the following merit principles:
(1) Recruitment, selection, compensation, benefits, and advancement of
employees on the basis of their relative job-related ability, knowledge,
skills, and personal capabilities, including open consideration of qualified
applicants for initial appointment;
(2) Retention of employees on the basis of the adequacy of their performance,
allowing for correction of inadequate performance when possible and separation
of employees whose inadequate performance has not been corrected; and
(3) Fair treatment of applicants and employees in all aspects of personnel
administration without regard to age, sex, race, religion, national origin,
political affiliation, marital status, or disability except when specific
sex, age, or physical requirement is a bona fide occupational qualification.
Section
3. SHORT TITLE
This act may be cited as the "Civil Service Act of 2000."
Section
4. APPLICATION
The provisions of this act apply to all classified personnel employed
by the following agencies or authorities within the County: the commission,
county administrator, clerk of the circuit court, supervisor of elections,
property appraiser, tax collector, sheriff, environmental protection commission,
aviation authority, port authority, planning commission, public transportation
commission, expressway authority, law library, legislative delegation,
soil and water conservation district, civil service board, sports authority,
children's board, county attorney, arts council, victim assistance, and
any other agency or authority not expressly exempt from this act. Each
municipality in the County, the judiciary, and the District School Board
of the County are expressly exempt from this act until and unless each
executes an interlocal agreement with the Civil Service Board pursuant
to general law. Positions within the Administrative Office of the Courts
which were classified as of January 1, 1998, and which are funded by the
County are subject to section 13 of this act.
Section
5. DEFINITIONS. As used in this act:
(1) "Appointing authority" means any person or agency authorized
under this act or other statutory authority to employ personnel to carry
out the responsibilities of the agency.
(2) "Appointment" means selection by an appointing authority
of a certified eligible person to perform assigned duties and responsibilities
in a specified position in the classified service.
(3) "Benefits plan" means a schedule of employment benefits
to include all leave and holidays.
(4) "Board" means the County Civil Service Board.
(5) "Budget authority" means any agency or authority to which
this act applies and which is empowered to develop and adopt its budget
without approval by any other agency or authority.
(6) "Certification" means the process of providing the names
of those eligible for a class of positions to be considered in filling
a vacancy.
(7) "Certified employment list" means employment eligibility
lists and promotion eligibility lists.
(8) "Civil Service" means that part of the employment system
within Hillsborough County to which this act is applicable pursuant to
section 4.
(9) "Classified employee" means an employee whose position is
subject to the rights contained in this act and in rules adopted by the
board.
(10) "Class of positions/classifications" means all positions
that are sufficiently similar as to kind or subject matter of work, level
of difficulty or responsibilities, and qualification requirements of the
work to warrant the same treatment as to title, pay range, and other personnel
transactions.
(11) "Classification plan" means a document that formally describes
the concepts, rules, and class specifications used in the classification
and reclassification of positions in the classified service.
(12) "Commission" means the board of county commissioners of
the county.
(13) "County" means Hillsborough County, Florida.
(14) "Demotion" means moving an employee from a position in
one class to a position in another class having a lesser degree of responsibility
and lower pay grade.
(15) "Dismissal" means the discharge of an employee from the
service by the appointing authority.
(16) "Executive manager" means a position so designated by any
appointing authority. The identifying characteristics of an executive
manager position are:
(a) Having primary responsibility for the administration of a department
or division that is major in scope in terms of a countywide program except
as may be limited by municipal programs; or
(b) Being entrusted with developmental and confidential information and
high level
responsibility for:
1. Program research, development, implementation, and monitorship;
2. Formulation of policies; or
3. Day-to-day operations, administration, and departmental or divisional
decision making.
(17) "Exempt employee" which may be used interchangeably with
an "unclassified employee" and means an employee whose position
is subject to any rights provided by the employee's appointing authority
and who is enumerated in section 6(2).
(18) "Grievance" means any dispute or disagreement between an
employee and management involving wages, hours of work, or conditions
of employment.
(19) "Initial probationary period" means a period of 6 months
of conditional employment in the same position, which may be extended
for an additional 6 months during which time an employee may be dismissed
without appeal to the board.
(20) "Leave" means absence of a classified employee from employment
authorized by the appointing authority in accordance with rules adopted
by the board.
(21) "Part-time employee" means an employee who works less than
50 percent of the normal work period.
(22) "Pay plan" means a document containing one or more salary
schedules.
(23) "Promotion" means moving an employee from a position in
one class to a position in another class having a greater degree of responsibility
and a higher pay grade.
(24) "Reduction in force" means dismissal, for reasons including,
but not limited to, shortage of funds, abolition of a position, or material
changes in job duties or organizational structure in accordance with rules
adopted by the board.
(25) "Reemployment" means appointment of a person who was dismissed
due to reduction in force in accordance with rules adopted by the board.
(26) "Resignation" means that an employee voluntarily elects
to terminate the employee's employment.
(27) "Salary schedule" means a document which is adopted by
the annual budget process or which is established by a collective bargaining
or impasse procedure. Salary schedules must be adopted or established
by any budget authority for those employees whose positions it funds and
who are subject to the terms of this act. A salary schedule must include
the salary range and a minimum and a maximum rate of pay and any intermediate
points within a salary range.
(28) "Substitute employee" means an employee who is temporarily
employed to fill the position of a permanently employed person who is
on approved leave. A substitute employee may not fill any given position
for a period exceeding 120 calendar days after the first day of appointment
by the appointing authority.
(29) "Suspension" means the removal of an employee from the
service for a temporary period of time.
(30) "Temporary employee" means an employee whose employment
is not intended to exceed 120 calendar days after the first day of appointment
by the appointing authority.
(31) "Tenure" means a status granted after successful completion
of an initial probationary period, entitling the employee to all rights
and protections provided in this act.
(32) "Transfer" means the change of an employee from one position
to another position.
Section
6. CLASSES OF EMPLOYEES
(1) The employees of all agencies subject to this act are divided into
the classified service and the exempt service.
(2) The following classes of employment are exempt from the classified
service and are subject to any rights provided by their appointing authority.
The exempt service includes:
(a) All elected officials and those appointed by the Governor;
(b) Members of any board, authority, or commission;
(c) Physicians and attorneys-at-law;
(d) Executive managers;
(e) Temporary, part-time, and substitute employees; and
(f) Secretaries of and administrative aides to the county attorney, the
chief executive officer of any board, authority, or commission, and each
elected official.
Section
7. CREATION OF THE BOARD; METHOD OF CONDUCTING BUSINESS; POWERS AND DUTIES
(1) There is created in the County a board known as the Hillsborough County
Civil Service Board. The board shall consist of seven members who are
qualified electors of the county; however, no person may be appointed
to serve who is either an elected official or an employee of any appointing
authority. Each appointment, except one made to fill an unexpired term,
shall be for a period of 4 years. Each member shall continue to serve
until the expiration of that member's term and until a successor has been
appointed. The absence of a board member from more than 50 percent of
the board's scheduled meetings during any calendar year constitutes his
or her resignation. Upon death, resignation, or removal of a member, a
successor shall be appointed for the unexpired portion of that member's
term. All appointments shall be made by the Governor, subject to confirmation
by the Senate. Members shall serve without compensation, but, may be reimbursed
for certain expenses as provided in this act. The clerk of the circuit
court shall serve as secretary ex officio and is not entitled to any salary
or additional compensation for that service.
(2) The board shall:
(a) Conduct the business of the district, including establishing an annual
budget.
(b) Encumber and expend the funds appropriated for the purposes of this
act, utilizing the policies and practices of the departments under the
commission.
(c) Adopt and amend rules for the uniform administration of this act following
a minimum of 30 days' notice of the proposed rule to each appointing authority.
(d) Meet at least once every 2 months to properly handle its business
in accordance with the intent and purposes of this act, which meetings
shall be open to the public in accordance with general law.
(e) Adopt written bylaws for its internal governance, including the election
of a chair and vice chair, and written standard operating procedures for
its internal operations as may be required.
(f) Employ, discipline, and terminate a director and such other personnel
as necessary to carry out the purposes of this Act and within the scope
of its budget. The director must meet the following minimum qualifications:
graduation from an accredited 4-year college or university with completion
of a major course of study in business administration, public administration,
psychology, or a related field and at least 5 years of progressively responsible
personnel experience, including 3 years in a responsible supervisory position.
The director should possess broad knowledge of all aspects of personnel
management. The director shall perform duties required by the board.
(g) Employ, discipline, and terminate or contract for legal counsel as
may be needed and within the scope of its budget.
(h) Offer its employees the same benefits, which must include a retirement
plan and life and health insurance plans and may include such other options
as cafeteria-style health care provisions and one or more deferred income
plans, as the commission offers its employees and under the same terms
and conditions as provided by general law or policy of the commission.
(i) Authorize any of is employees to attend conferences and travel on
behalf of the board and reimburse those employees for conference costs
and travel and per diem expenses in accordance with general law.
(j) Upon submission of appropriate documentation and upon request, reimburse
any member of the board for per diem and mileage in connection with the
performance of his or her official duties and in accordance with general
law.
(k) Deputize and designate, in any agency containing more than 500 classified
positions, the person in charge of personnel in that agency as the agent
for the board who shall perform duties delegated by the board.
(1) Ascertain and record the qualifications, duties, and responsibilities
appertaining to all positions in the classified service and classify such
positions in accordance with the requirements contained in this act.
(m) Recruit personnel for all classified positions, determine the qualifications
of persons who seek employment in any class or position, and, as a result,
establish certified employment lists for the classes of positions.
(n) Establish a system for evaluation of performance.
(o) Adopt classification, benefit, and pay plans for classified positions
as provided in this act.
(p) Establish guidelines for leave without prior board approval for up
to a period of 12 months. An extension may be granted by the appointing
authority only if said appointing authority certifies to the board before
the expiration of the initial period that the extension is not an avoidance
of the duty to properly fill a classified position.
(q) Establish and maintain a roster of classified employees, including
appointments, resignations, promotions, and transfers.
(r) Make investigations concerning the enforcement and effect of this
act, and require observance of the provisions and rules adopted under
it.
(s) Establish provisions and procedures for employee grievances, including
appeals to the board. Such procedures may provide for appeals to be heard
by three-member panels of the board.
(t) Hear and determine appeals from disciplinary actions as provided in
this act.
(u) Establish a procedure for reductions in force and a method for reemployment.
(v) Keep records necessary for the proper administration of this act and
make copies of those records available upon request in accordance with
general law except those which may be exempt pursuant to general law.
(w) Make an annual report to be distributed to all appointing authorities.
(x) Contract for performance audits as may be required by law.
(y) Perform all other acts as may be necessary to accomplish the purposes
of this act.
Section
8. INITIAL EMPLOYMENT LISTS; PROMOTIONAL LISTS
(1) The board shall establish employment eligibility lists for the various
classifications in the classified service. The qualifications, duties,
pay, and experience applicable to the classification shall be posted by
the board 2 weeks preceding the establishment of such list. The list shall
contain the names of all persons certified by tests or other evaluative
procedures. The resulting employment list shall be published within 15
working days after the last day of the 2-week notification period. The
board shall establish by rule the duration of each employment eligibility
list. Scores shall be valid for a minimum of 2 years. However, the board
may cancel any list when such list, in the board's opinion, fails to provide
suitable candidates for the classification to be filled. An error in the
assessment of any applicant's qualifications shall be corrected if called
to the attention of the board within 30 days after notification by the
board to the applicant. If an employee has satisfactorily completed a
6-month probationary period, such correction shall not invalidate any
appointment made as a result of the error.
(2) The board shall establish promotion eligibility lists to fill vacancies
in classifications whenever there is a lower classification, the duties
of which directly tend to fit the incumbents thereof for the performance
of the duties of the higher classification. An employee who has not completed
the initial probationary period is not eligible for status on a promotion
list.
Section 9. CREATION AND ABOLITION OF POSITIONS; FILLING
VACANCIES
(1) Each appointing authority shall promptly report to the board its intention
to establish any new position that may be classified, and the board shall
respond in accordance with the provisions of this act.
(2) Whenever a position in the classified service becomes vacant, the
appointing authority may ask the board for the appropriate eligibility
list. All classified appointments shall be made from persons certified
by the board as eligible. Appointments shall be regarded as taking effect
upon the date the person selected reports for duty.
(3) A temporary employee, as defined in Section 5, need not be on a certified
eligibility list but must meet minimum qualifications for the classification
of the position to which appointed. An appointing authority may make any
temporary appointment without board approval; however, the board must
be promptly notified of any such appointment. One extension of not more
than 120 calendar days may be granted by certification to the board before
the expiration of the initial 120-calendar-day appointment by the appointing
authority as not being an avoidance of the duty to properly fill a valid
classified position. Any further extension must receive the prior approval
of the board.
(4) A substitute employee, as defined in Section 5, need not be on a certified
eligibility list but must meet minimum qualifications for the classification
of the position to which appointed.
(5) A written report shall be given immediately to the board and to each
affected employee by each appointing authority of all appointments, reinstatements,
vacancies, absences, or other matters affecting the status of positions
or the performance of duties of officers or employees in the classified
service. Such notices shall be prepared in the manner and form prescribed
by the board.
(6) A position in the classified service may not be abolished without
the approval of the board. Positions may be abolished only in good faith.
Section
10. PROBATIONARY PERIOD; TENURE
(1) All employees in the classified service are entitled to the protection
of this act when they have successfully completed their initial probationary
period, whether the probationary period began before or after the effective
date of this act. It is the intent and purpose of this act to give the
protection of tenure of employment to any classified employee of any appointing
authority who has successfully completed the initial probationary period.
Any person dismissed during the initial probationary period is not entitled
to an appeal hearing before the board.
(2) Whenever a position in the classified service is filled by promotion,
the person so promoted shall serve a period of conditional employment
of 6 months in the new position, which may be extended for an additional
period of up to 6 months at the discretion of the appointing authority.
However, if the probationary period and any extension thereof are not
successfully completed, such person shall forthwith be returned to duty
to the former classification held in the civil service, provided such
person has served the initial probationary period. Unsuccessful completion
of a probationary period in a position of promotion is not appealable
to the board.
(3) (a) Any classified employee, upon transferring to another classified
position, may not incur loss of benefits, including, but not limited to,
pensions and leave.
(b) Any employee who is employed in an exempt position by an agency or
authority within the County and who transfers to a classified position
may not incur loss of benefits, including, but not limited to, pensions
and leaves.
Section
11. SUSPENSION; DEMOTIONS; DISMISSAL
(1) Any nontenured employee in the classified service may be suspended,
demoted, or dismissed for any reason.
(2) Any appointing authority may suspend, demote, or dismiss a tenured
employee following written notice to the employee of the intended action,
detailing the reasons therefor and providing an opportunity to respond
thereto at an informal predisciplinary hearing scheduled for that purpose.
The hearing must be scheduled no sooner than 5 working days after the
date of notice of intent to discipline unless the employee waives this
time and requests an earlier hearing. If the final decision is to discipline,
the appointing authority must provide written notice to the employee as
soon as possible following the hearing.
(3) Any employee may be suspended immediately, with or without pay and
without the benefit of advance written notice, upon determination by the
appointing authority that such suspension is in the best interest of the
County. The appointing authority must provide written notice to the employee
as soon as possible and give the employee the opportunity to be heard
as required in subsection (2).
(4) Any employee who has satisfactorily completed the initial probationary
period
and is thereafter suspended, demoted, or dismissed from employment may
request a hearing to appeal that disciplinary action by making a written
request to the board within 10 calendar days after the official date of
receipt of the final notice to discipline. The request for an appeal hearing
must state clearly and simply the reason or reasons the employee believes
the disciplinary action was not justified and must be received by the
board within the 10-day limit, and the board must send a copy to the affected
appointing authority within 3 working days after receipt thereof.
(5) The board may reverse the appointing authority's decision and restore
the
employee to that employee's former status only if it finds that the suspension,
demotion, or dismissal was made for a reason other than just cause. The
director, or a member of the board on behalf of the board, shall provide
a letter to the affected parties within 10 days after the appeal hearing,
setting forth its findings and conclusions and the specific reasons therefor.
Section
12. APPEAL HEARING PROCEDURE
(1) The practice and procedure of the board with respect to an appeal
hearing authorized by this act shall be in accordance with adopted rules.
(2) The board shall make every reasonable effort to hear any timely filed
appeal of demotion or dismissal within 30 working days after receipt of
notice of appeal unless an extension of time is requested by the employee
or the appointing authority. At no time may an appeal hearing be delayed
beyond 60 calendar days without the consent of both parties. Requests
for appeal hearings of suspensions shall be scheduled as soon as possible.
The board shall provide reasonable notice to all affected persons and
provide an opportunity for all affected persons to be heard and to introduce
relevant testimony and evidence at the appeal hearing, which shall be
public. All testimony shall be under oath.
(3) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded.
All other evidence of the type commonly relied upon by reasonably prudent
persons in the conduct of their affairs is admissible, whether or not
such evidence would be admissible in the courts of this state. Hearsay
evidence may be introduced and used for supplementing or explaining other
evidence, but it shall not be sufficient in itself to support a finding
by the board unless it would be admissible over objections in a civil
action.
(4) For the purpose of such hearing, the director or a member of the board
is authorized to issue subpoenas to compel the attendance of witnesses
and the production of books, accounts, records, and documents. The board
or any member of the board may administer oaths and compel testimony.
In the case of disobedience by any person of an order of the board to
testify to any matter regarding which the person may be lawfully interrogated,
or of a subpoena to appear or produce documents in the person's possession,
a county judge shall upon application of the director or a member of the
board, compel obedience by attachment proceedings for contempt, as in
the case of a similar court order. Each person who serves such a subpoena
shall receive the same fee as a sheriff, and each witness who appears
in obedience to a subpoena shall receive the same witness fee and mileage
provided for witnesses in civil cases, which fees shall be audited and
paid in the same manner as other expenses.
Section
13. ADMINISTRATIVE OFFICE OF THE COURTS; HEARING TO REVIEW ACTION OF DISMISSAL,
DEMOTION, OR SUSPENSION
Any employee holding a position within the Administrative Office of the
Courts which was classified as of January 1, 1998, and which is funded
by the County may request a hearing to review such dismissal, demotion,
or suspension action by making a written request to the board within 10
calendar days after the official date of receipt of the final notice of
the action. The request for a hearing must state clearly and simply the
reason such employee believes the action was not justified. The board
shall send a copy of any employees' request for hearing to the Court Administrator
within 3 working days after receipt. The practice and procedure of the
board with respect to a review hearing authorized in this section shall
be in accordance with adopted rules. If the board finds that such court
employees' dismissal, demotion, or suspension was for a reason other than
just cause, it may recommend to the chief judge that such employee be
restored to that employees' former status. Such recommendation is not
binding on the chief judge.
Section
14. RECOMMENDATION AND ADOPTION OF CLASSIFICATION AND PAY PLANS
(1) At least once annually, on or before March 31, the board shall recommend
any revisions to the classification and pay plan and shall immediately
forward them to each appointing authority. The pay plan shall provide,
for each class of position in the classification plan, a salary schedule
with an initial entrance salary, intermediate points, a method of recognizing
longevity, and a maximum salary. Thereafter, but not later than April
30, the board shall prepare a final recommendation, taking into consideration
any responses received from any appointing authority and including as
backup material copies of all such responses. If the final recommendation
is for a change to the pay plan, the classification plan, or both, the
recommendation shall be presented, along with the backup material, to
each budget authority for the classified employees whose positions it
funds. Each budget authority must approve, amend, or reject a salary schedule
for the classified employees it funds by the date of adoption of its annual
budget. A budget authority shall not adopt a salary schedule for any employee
whose salary is funded by any other budget authority. The board shall
adopt the salary schedule adopted by each budget authority and include
each in the board's pay plan. The board shall also adopt salary schedules
established in accordance with any collective bargaining or impasse resolution
procedures of any of the agencies or authorities to which this act applies,
and shall also include each salary schedule so established within the
board's pay plan.
(2) The maximum salary shall be established and used for each class within
a salary schedule. The salary schedule shall be used unless the board
makes a determination that:
(a) It is in the best interests of the County to approve a salary exceeding
the maximum to avoid loss of pay for an employee; and one of the following
conditions applies:
1. A pay grade is being reduced by administrative action, including reclassification
to a position with a lower pay grade, regrading of a class to a lower
pay grade, or demotion through reduction in force to a class with a lower
pay grade;
2. An employee is voluntarily demoted; or
3. An employee's position is incorporated into civil service; or
(b) It is necessary to implement a court order, settlement, or contract
or to avoid impairing a property interest.
Section 15. APPROPRIATION FOR THE BOARD
The commission shall appropriate to the board annually a sum of money
equal to not less than sixty-five hundredths of 1 percent of the classified
personnel payroll of the fiscal year just ended to enable the board to
properly carry out the purposes of this act. It is the duty of the authorities
having charge of the public buildings of such county to allow the reasonable
use of public buildings and rooms for the holding of any activity of the
board provided for by this act and to provide quarters for the use of
the board.
Section 16. CREATION OF REVIEW COMMITTEE; TRANSITION
A review committee shall be established consisting of the director of
the board; eight persons, one to be designated by each of the following:
the aviation authority, commission, clerk of the circuit court, port authority,
property appraiser, sheriff, supervisor of elections, and tax collector;
and a representative selected by the employee advisory committee. The
director of the board shall call an organizational meeting in September
of each year for the selection of officers, adoption of procedural rules,
and formulation of a proposed agenda. The committee may meet as many times
thereafter as necessary, and the staff of the board shall be available
for its use. The review committee shall review the current rules adopted
pursuant to this act and may propose changes as appropriate for the board's
consideration. The board shall act upon the committee's recommendation
within 60 days after their presentation to the board.
Section
17. FISCAL RESPONSIBILITY
A salary, wage, or compensation for services may not be provided to any
person in the classified service except upon certification by the board
or its agent that the position has been classified as required by this
act and rules adopted pursuant thereto and that the incumbent in the position
has been duly qualified and properly appointed. Any individual who in
good faith accepts an appointment contrary to this act and becomes entitled
to compensation therefor has a cause of action against the appointing
authority for recovery of salary or other compensation due. The board
may provide for the regular or occasional audit of payrolls to enforce
this provision.
Section
18. PROHIBITED ACTIVITIES
A person may not deceive or obstruct another person with respect to that
person's right to apply for employment under this act. A person may not
falsely evaluate an application or test for the purpose of improving or
injuring an applicant's chances for employment. An applicant may not knowingly
misrepresent the applicant's qualifications for the purpose of improving
the applicant's chances for employment. A person may not use the authority
of a position in the classified service to solicit or receive political
contributions. A person may not use or promise to use influence or official
authority to secure appointment to the classified service in return for
political contribution or service. A public officer or employee may not
by means of threats or coercion induce or attempt to induce any person
in the classified service to resign, take leave, or waive any rights under
this act. A resignation executed prior to appointment is of no effect.
Section
19. RESTRICTION ON INDIVIDUAL QUALIFYING FOR PUBLIC
POLITICAL OFFICE
No subordinate personnel need resign upon qualifying for any compensated,
elected public office unless such individual is seeking to qualify for
a public office which is currently held by an individual who has the authority
to appoint, employ, promote, or otherwise supervise that subordinate personnel
and who has qualified as a candidate for reelection to that public office.
No subordinate personnel of the county administrator need resign upon
qualifying for any compensated, elected public office unless such individual
is seeking to qualify for a position on the commission in which the incumbent
has qualified as a candidate for reelection. However, any such personnel
shall take a leave of absence without pay from public employment during
the period in which the person is seeking election to public office. A
classified employee may serve in an elected public office if service in
such elected office does not conflict with the performance of the employee's
duties in the classified service or present a conflict of interest between
the elected office and the classified position. If a classified employee
is elected, the appointing authority where that employee is employed shall
determine whether the employee's service in public office conflicts with
the performance of his or her duties with the appointing authority. If
the employee disagrees with any finding that relates to a conflict with
the performance of duties, the employee may file a grievance or appeal
under the applicable processes.
Section
20. EMPLOYEE ADVISORY COMMITTEE
An employee advisory committee shall be elected from among the employees
of the agencies or authorities named in Section 4 in a manner and for
terms prescribed by the board. The board shall also prescribe the manner
by which any vacant unexpired term shall be filled. The employee advisory
committee will serve as the medium to provide a continuous and meaningful
exchange of ideas and practical solutions on personnel matters between
the board and employees.
Section
21. VIOLATION OF ACT; PENALTY
Any willful violation of this act is declared to be a criminal offense
and misdemeanor as defined in s775.08(2), Florida Statutes, shall be punishable
as provided by general law.
Section
22. RECODIFICATION
Prior to the end of calendar year 2010 and every 10 years thereafter,
the County Legislative Delegation shall review this act, as amended, to
determine whether there is a need for codification. If it is determined
that there is such a need, the delegation may require the board to prepare
such legislation and submit it to the delegation for further consideration.
Section
23. SEVERABILITY
If any provision of this act or its application to any person or circumstance
is held invalid, the invalidity does not affect other provisions or applications
of the act which can be given effect without the invalid provision or
application, and to this end the provisions of this act are declared severable.
Section
24. Chapters 96-519, 97-342, 97-343, 97-349, 97-350, 98-450, 98-481,
and 99-415, Laws of Florida, are repealed.
Section
25. This act shall take effect upon becoming a law.
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