Police Department Policy

301315

Orange County Sheriffs Office

Policy Text
ORANGE COUNTY SHERIFF'S OFFICE GENERAL ORDER Effective Date: January 21, 2011  Amends - GO 4.4.1 (January 30, 2009) Number: 4.4.1 Distribution: All Personnel Review Month: January Reviewing Authority: HRD / Employee and Labor Relations Subje ct: Career Service This order consists of the following: 1. Purpose 2. Policy 3. Procedures 1. Purpose The purpose of this policy is to provide career service status for certain members of the Orange County Sheriff's Office; specify rights of members; provide promotional procedures and career service positions; specify a disciplinary policy and provide procedures of appeal and complaint handling; as set forth in Chapter 89 -507 F.S.S. 2. Policy It is the policy of the agency that sworn members will be provided Career Service protections afforded by Chapter 89 -507. (OCSO Career Service Act). 3. Procedures Consistent with Chapter 89 -507, the following protections are provided: A. Applicability The provisions of the Act shall apply to all appointed sworn law enforcement deputy sheriffs of the Orange County Sheriff's Office. The provisions of the Act shall not apply to the Sheriff nor to special deputy sheriffs appointed pursuant to FS 30.09(4) , Florida Statutes, members of the Sheriff's Reserve Unit ( Reserve and Auxiliary ), volunteers, task force members, and individuals appointed as part -time deputy sheriffs, as defi ned by the Criminal Justice Standards and Training Commission. As used in the Act, the terms "member", "personnel", "employee", and "employment," shall refer to all persons whether employed or appointed, to whom the Act applies. It is not, however, the int ent of the Act to grant the right for collective bargaining to members of the Orange County Sheriff's Office who do not otherwise have that right pursuant to law. B. Career Service Positions 1. Nothing herein shall prohibit the Sheriff from creating caree r service staff positions, subject to the provisions of subsection four (4) of Chapter 89 -507. 2. Promotions above deputy sheriff, up to and including the rank of Lieutenant or equivalent title as determined by the Sheriff , shall be made by content - valid competitive examinations according to the agency's promotional system. All promotions made after the effective date of the Act must be as a 4.4.1 , Page 2 of 3 result of said competitive examinations. C. Career Service Status 1. After a member of the Sheriff’s Office, to wh om the provision of the ACT apply, has served for a period of 1 calendar year, such member shall have attained career service status, unless the member is placed upon extended probation. The probationary/at -will period for all newly hired deputies shall extend for a period of 12 months from the date they are sworn as a Deputy, unless otherwise extended. Newly hired deputies do not obtain career service status until they successfully complete their entire probationary period, including any extensions. 2. All non -probationary members of the Sheriff's Office who hold the rank of Lieutenant or below were granted career service status at the rank which they held on the effective date of Florida State Statute Chapter 89 -507. Additional career service up to the rank of Lieutenant or equivalent title as determined by the Sheriff may be obtained through a competitive exam following the effective date of the Act. Master Deputy is not a career service position under this policy or in accordance with the agency’s Ca reer Service Act. A Master Deputy holds the career service rank of Deputy First Class. 3. If a member is separated but later rejoins the Sheriff's Office, said member shall be required to complete one further calendar year of service before being granted the right of appeal provided in Section 2 of the statute. 4. Any member who is required to serve a probationary period attendant to a promotion shall retain career service status with the Sheriff, but may be demoted to his or her prior rank during such p robationary period without the right of appeal provided in Section 2 of the statute. D. Transition of Career Service Members 1. When a newly elected or appointed Sheriff assumes office, the new Sheriff shall continue the career service status of current c areer service personnel unless cause for dismissal or demotion exists. 2. Cause shall be misfeasance, nonfeasance, or malfeasance of office or for any just cause for which certification may be revoked pursuant to FS 943.1395 . 3. Career service members shall retain their career service ranks up to and including the rank of Lieutenant or the equivalent title as determi ned by the Sheriff . 4. If the incoming Sheriff fills positions with new personnel, the current occupants of those positions may be demoted provided that said demotion shall be no lower than to the rank of career service Lieutenant or the equivalent title as determined by the Sheriff and their salaries may be reduced accordingly. 4.4.1 , Page 3 of 3 E. Administration The Sheriff has and shall continue to have the authority to adopt such rules, regulations, and procedures as are necessary for the implementation and administrat ion of the Act; however, nothing in the Act shall be construed as affecting the budgetary powers of the Orange County Commission. F. Standards of Conduct and Complaint Procedure The Sheriff shall establish general rules and standards of conduct for all p ersonnel

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