§ 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.