STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

BOCA RATON F.O.P. NUMBER 35, )

)

Petitioner, )

)

vs. ) CASE NO. 75-245

) PERC NO. 8H-RC-756-2090 CITY OF BOCA RATON, FLORIDA, )

)

Respondent. )

)

RECOMMENDED ORDER

The above-styled cause came on for hearing before Kenneth Oertel, Director, Division of Administrative Hearings, Hearing Officer, at Boca Raton City Hall, Boca Raton, Palm Beach County, Florida, on the 19th day of June', 1975, commencing at 9:00 o'clock a.m.

APPEARANCES

For Petitioner: John D. O'Donnell, Esquire

Wolf, Gora, Courtney & Panza 3045 North Federal Highway Fort Lauderdale, Florida

For Respondent James C. Crosland, Esquire Public Employer: Muller & Mintz

100 Biscayne Boulevard, North Miami, Florida 33132

HEARING OFFICER'S REPORT

1. The hearing was held on the petition of the Boca Raton Fraternal Order of Police No. 35 representing the public employees requesting recognition of lieutenants and captains as a bargaining unit under Chapter 447, Florida Statutes. At the hearing, an Amended Petition was submitted and received which modified the proposed unit as "all sworn police officers of the rank of lieutenants." This Amended Petition was marked Petitioner's Exhibit No. 1. There was no dispute that the Petitioner is an employee organization or that the City of Boca Raton is a public employer. The issues as stated by the parties were the appropriateness of the proposed bargaining unit and whether a unit consisting of only lieutenants would be in the best interest of collective bargaining. The City of Boca Raton contended that the lieutenants were managerial employees and that the recognition of a bargaining unit composed only of lieutenants in the police department would lead to excessive fragmentation of employee bargaining units.

   
   

2. The police department in the City of Boca Raton is organized in the following manner. The chief is the head of the department. Beneath him are four captains, seven lieutenants, and a group of sergeants and patrolmen which make up this department of sightly over 100 sworn officers. Generally, the

   chief and captains work in an eight-hour daytime shift. The lieutenants, sergeants and patrolmen, have rotating, round-the- clock duty. This proposed seven member bargaining unit would be the second employee bargaining unit in the Boca Raton Police Department, as the patrolmen and sergeants have been voluntarily recognized by the public employer. It is difficult to evaluate whether an additional bargaining unit for the police department would lead to "excessive fragmentation" of bargaining units, as little evidence was presented as to the total potential bargaining units the city may have to deal with. The evidence did establish that lieutenants supervise patrolmen and sergeants.

   Since the force has about 100 city employees, it cannot be said that two units in a department of its size is excessive. Duties of the lieutenants include general supervision of the platoons within their division, direction of major investigations accidents, assignment of personnel and all other related duties within their command responsibility.

   
   

3. Foremost of the employer's arguments relating to the managerial status of lieutenants are their duties as watch commanders. The watch commander assumes total responsibility for the overall operation of the police department during the weekend and evening shifts when the chief and captains are not on duty. During these hours, the watch commander is, the ranking officer in the department. These duties, however, are only temporary and the watch commander's authority ends when a captain or chief comes on duty. Sergeants, on occasion, have acted as watch commanders. This function, therefore, does not make the lieutenants managerial employees; they merely act in a temporary command status.

   
   

4. Otherwise, the lieutenants take no effective role in budget preparation for the department, they make no policy decision, they have no final authority regarding the question of promotion or salary increases. Also, it would be highly unlikely for a lieutenant to be expected to participate in collective, bargaining on behalf of the employer. Regarding policy determinations, the department has an operating manual which was prepared by a captain without the participation from a lieutenant or any lower ranking officer. Changes in policy or new policy are issued by the chief. A lieutenant (like any other officer) may only recommend or suggest a change in policy, but has, no final authority to change or implement departmental policy. Some evidence that the employer considers lieutenants non-managerial is evidenced by the fact that captains and the chief do not receive overtime pay, while lieutenants and below-ranking officers do.

Entered this 25th day of July, 1975, in Tallahassee, Florida.

KENNETH G. OERTEL, Director

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

John D. O'Donnell, Esquire Wolf, Gora, Courtney & Panza 3045 North Federal Highway Fort Lauderdale, Florida

James C. Crosland, Esquire Muller & Mintz

100 Biscayne Boulevard, North Miami, Florida 33132

Docket for Case No: 75-000245

Orders for Case No: 75-000245