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The Florida Statutes

The 2017 Florida Statutes

Title V
JUDICIAL BRANCH
Chapter 30
SHERIFFS
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F.S. 30.075
30.075 Review boards.
(1) Each sheriff shall establish a review board to review, pursuant to appeals taken under ss. 30.071-30.079, terminations taken by the sheriff against regularly appointed deputy sheriffs for lawful off-duty political activity or for discriminatory reasons.
(2) Each member of a review board shall be selected on the basis of fairness, objectivity, and impartiality. The board shall have no investigative powers and shall function in the capacity of a fact finder in an effort to arrive at a fair and equitable recommendation in all matters brought before it. A member shall not be involved in the issue under consideration. Membership on the board is voluntary and without remuneration. Members may not discuss matters to be heard before the board until the board convenes.
(3) A review board may receive verbal or written testimony concerning any matter considered relevant by the board and may receive any records, including, but not limited to, performance evaluations and disciplinary files.
(4)(a) The review board of an agency having 150 or more deputy sheriffs shall be comprised of:
1. Two members selected by the sheriff from among the certified law enforcement officers within the sheriff’s jurisdiction.
2. Two members selected by the deputy sheriff who is appealing the termination action from among the certified law enforcement officers within the sheriff’s jurisdiction.
3. One member selected by the other members of the board and acting as the chairperson of the board.
4. If an impartial local chairperson cannot be agreed upon within 10 working days after the appeal is submitted, then the parties shall jointly request the American Arbitration Association to furnish a panel of seven names from which each party shall have the option, within 5 days of receipt, of striking three names in alternating fashion. The seventh or remaining name shall be the chairperson. The parties shall jointly notify the arbitrator of his or her selection. Either party may object to all names on the list, provided the objection is made prior to the commencement of the striking process. If this occurs, the objecting party may request the American Arbitration Association to furnish another list of arbitrators. No more than two lists may be requested. The costs of the arbitrator shall be shared by both parties.
(b) The review board of an agency having fewer than 150 deputy sheriffs shall be comprised of:
1. One member selected by the sheriff from among the certified law enforcement officers within the sheriff’s jurisdiction.
2. One member selected by the deputy sheriff who is appealing the termination from among the certified law enforcement officers within the sheriff’s jurisdiction.
3. One member selected by the other members of the board and acting as the chairperson of the board.
(5) The chairperson of a review board shall:
(a) Conduct each meeting using parliamentary rules of order.
(b) Request that the deputy sheriff who is appealing provide the names of his or her witnesses, if any.
(c) Schedule and provide written notice of each meeting to the Internal Affairs Bureau, witnesses, board members, and deputies.
(d) Provide copies of all charges to the board members.
(6) The scope of the review board is limited to terminations.
History.s. 6, ch. 94-143; s. 1328, ch. 95-147; s. 2, ch. 95-155.