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ORANGE COUNTY SHERIFF'S OFFICE GENERAL ORDER Effective Date: January 3, 2014  Amends - GO 5.1.0 (May 17, 2010) Number: 5.1.0 Distribution: All Personnel Review Month: January Reviewing Authority: HRD / Employee and Labor Relations Subject: Discipline This order consists of the following: 1. Purpose 2. Policy 3. Definitions 4. Procedures 1. Purpose The purpose of this policy is to promote organizational efficiency by encouraging personnel to comply with agency policies and proce dures and by providing an appropriate review of disciplinary actions. 2. Policy The primary goals of disciplinary action are to educate personnel to proper professional conduct, deter violations of agency policy, and punish policy violations in an appropr iate manner. The agency's disciplinary appeals process is designed to comply with the Orange County Sheriff's Office Career Service Act (Chapter 89 -507), which applies in various respects to full-time deputies who are not on probation. The Sheriff hereby extends the agency's disciplinary appeals process as a privilege, not a right, to all full -time civilian personnel who are not on probationary status. A Special Order of the Court Services Section specifies disciplinary appeal procedures for special proc ess servers consistent with FS 48.021 . All other persons, including but not limited to recruits, part -time age ncy members, career change personnel, volunteers, and newly hired probationary personnel, serve at the pleasure of the Sheriff and may be disciplined or terminated without an appeals process. The Sheriff expressly reserves the right to change the agency's disciplinary appeals process, make exceptions to existing policy, and make definitive interpretations of policy at any time consistent with the Orange County Sheriff's Office Career Service Act and other applicable law. These policies and procedures will not be construed to expand or abridge the rights of any person under the Constitutions or statutes of the United States of America or the State of Florida. 3. Definitions A. Appeal With Merit - a decision in favor of an employee’s appeal. B. Appeal Witho ut Merit - a decision against an employee’s appeal. C. Appellant - the agency member appealing a disciplinary action. 5.1.0, Page 2 of 25 D. At-Will – dismissal of a probationary employee with or without stated cause. E. At-Will Personnel - persons who may be summarily dis ciplined or terminated without cause and without appeal, including but not limited to recruits, part -time agency members, career change personnel, volunteers, and newly hired probationary personnel. F. Business Days - Monday through Friday, excluding holi days. G. Career Change Personnel - agency members who change from sworn to non-sworn or vice versa, and who have not completed their designated probationary period for the new position. H. Exempt Personnel - persons performing certain functions (e.g., pr ofessional, managerial) who receive a flat salary, instead of being paid on an hourly basis, in accordance with the Fair Labor Standards Act. I. Name Clearing Meeting - a meeting conducted by the Huma n Resources Division Commander or designee to allow ter minated at -will personnel to supplement potentially stigmatizing information in the agency's public records. This proceeding is not an appeal. J. New and Material Evidence – relevant information that is substantial enough to alter the outcome of the disc iplinary appeal, that is supported by proof, and that was not available earlier through the exercise of due diligence. K. Newly Hired Probationary Personnel - persons who have been hired by the agency for full -time work, but who have not completed their designated probationary period. L. Part-Time Agency Members - persons who are employed by the agency on a part - time basis (work less than 40 hours per week and are compensated for services rendered). M. Recruits - persons hired by the agency who are in t he process of obtaining law enforcement certification (e.g., attending police academy). Their probationary period commences when they obtain law enforcement certification. At that point, they are considered newly hired probationary personnel. N. Volunte ers - persons who donate time and effort to the agency (are not compensated for services rendered but may receive reimbursement for expenses) including but not limited to, Auxiliary deputies , Reserve deputies , Volunteer Parking Enforcement Unit members, Ta sk Force members, and Chaplains. 4. Procedures A. Administrative Actions Not Constituting Formal Discipline Certain administrative actions do not constitute formal discipline, though they may negatively impact employees. There is no appeal for these acti ons, which include 5.1.0, Page 3 of 25 but are not limited to the following: 1. Relieving an employee from duty pending an investigation or in response to fitness for duty concerns. 2. Transferring or reassigning employees. 3. Eliminating positions. 4. Withdrawing, or limiting the use of, an agency -issued vehicle. 5. Delaying or disapproving a merit increase. 6. Extending probationary period. 7. Suspending or prohibiting participation in the agency’s off -duty employment program. B. Other Non -Appealable Personnel Actions 1. Voluntary writte n resignation. 2. Voluntary demotion, voluntary reduction in pay, or a requested transfer that is accompanied by a signed statement. 3. Voluntary retirement. 4. Abandoned