STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FRATERNAL ORDER OF POLICE )

)

Petitioner, )

)

vs. ) CASE NO. 75-1135

) PERC NO. 8H-RA-756-2048 CITY OF RIVIERA BEACH POLICE )

DEPARTMENT. )

)

Employee Organization. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated hearing officer, G. Steven Pfeiffer, held a public hearing in this case on September 10, 1975, in Riviera Beach, Florida. The following appearances were entered: Irving Weinsoff, Weinsoff & Weinsoff, Miami, Florida, for the Florida State Lodge Fraternal Order of Police; and Nicolas P. Wellman, Riviera Beach, Florida, for the City of Riviera Beach.

SUMMARY OF THE CASE

On May 27, 1975, the Public Employees Relations Commission ("PERC" hereafter) entered an order certifying the Florida State Lodge Fraternal Order of Police ("FOP" hereafter) as the exclusive representative for the purpose of collective bargaining for a unit of employees of the City of Riviera Beach ("Respondent" hereafter). PERC approved the unit as requested by FOP except that the Administrative Secretary to the Police Chief, Animal Control Officers, Communications Operators, Bailiffs, Court Clerks, Clerks, Clerk Typists, and Custodial Workers were excluded from the unit. The FOP and the Respondent had not reached any agreement as to the inclusion or exclusion of Police Lieutenants. PERC made no determination that Police Lieutenants should be included or excluded from the bargaining unit, but requested that a hearing be scheduled before a hearing officer of the Division of Administrative Hearings.

The final hearing was scheduled to be conducted on September 10, 1975, by order dated August 1, 1975.

The purpose of the hearing was to consider and to develop a record from which PERC might consider and determine whether police lieutenants should be included or excluded from the collective bargaining unit which had been certified by PERC by order entered May 27, 1975.

The Respondent called the following witnesses: Jeff Waites, an inspector of police employed by the Respondent; and Howard Conway, a police lieutenant employed by the Respondent. Respondent's Exhibits 1 - 10 were offered into evidence and were received. The FOP called the following witnesses: Howard Conway, a witness who had previously been called by the Respondent; and Robert Beckemeyer, a detective lieutenant employed by the Respondent. The parties were

invited to file post hearing legal memoranda with the undersigned, but none have been received.

FINDINGS OF FACT

1. On May 27, 1975, the Public Employees Relations Commission certified the Petitioner as the exclusive presentative for the purpose of collective bargaining for a unit of employees of the City of Riviera Beach. All issues respecting the appropriate collective bargaining unit were resolved by the Commission in its order, except that no determination was made as to whether police lieutenants should be included in the unit.

   
   

2. There are a total of approximately 67 sworn personnel in the City of Riviera Beach Police Department. The Chief of Police and the Inspector of Police are of the top management officials. There are three police captains, six police lieutenants, and thirteen police sergeants. The department is divided into four divisions: Uniform Division, Detective Division, Records Division, and the Services Division. Until approximately four years ago, the divisions were headed by police lieutenants. At that time the rank of captain was created. Captains are regularly charged with heading the Uniform Division, the Detective Division, and the Records Division. Due to the illness of the captain who formerly headed the Uniform Division, a lieutenant is in charge of the Uniform Division, and the captain who formerly headed the Uniform Division now heads the Services Division.

   
   

3. Lieutenants are charged with the command of units within the divisions. Lieutenants are in charge of each of the three regular shifts and of the relief shift within the Uniform Division. A lieutenant is in charge of the 4:00 P.M. to midnight shift in the Detective Division. Ordinarily a lieutenant heads the Services Division. A lieutenant in the Uniform Division will have from ten to eleven sworn officers under his command. The lieutenant in the Detective Division will have approximately four sworn officers under his command. The lieutenant who heads the Services Division will have one sworn officer under his command. Between the hours of 5:00 P.M. and 8:00 A.M. on weekdays, and on weekends, lieutenants in the Uniform and Detective Divisions are the highest ranking on-duty employees of the Police Department.

   
   

4. The qualifications, duties, and responsibilities of police lieutenants are described in Respondent's Exhibits 5 and 6. Lieutenants in the Uniform Division spend the bulk of their work day on the road in patrol cars. They serve as backup units to other patrol cars, and act in a supervisory capacity. Lieutenants make arrests for traffic violations, but they generally do not make as many arrests as lower ranking officers. Lieutenants in the Uniform Division wear the same uniform as police captains, except that they were lieutenants bars on the shoulders of their shirts rather than captains bars. Lieutenants and captains wear white shirts and brown slacks. Police sergeants and lower ranking officers wear brown slacks and shirts.

   
   

5. Police lieutenants play limited policy making and budgetary roles. Lieutenants are expected to make recommendations to captains respecting policy making needs. Lieutenants occasionally meet as a group with captains, the Chief of Police, and the Inspector of Police. During these staff conferences proposed policies are discussed and final policies ultimately may be adopted as a result of the meetings. Lieutenants do not have the authority to promulgate policy either individually or as a group. Their role is limited to proposing and discussing policies. The lieutenant's budgetary role is similar. Lieutenants are expected to advise captains and other superior officers of the budgetary

   needs of their units. Lieutenants have no authority to make binding budgetary recommendations, and have no role in promulgating a final proposed budget for consideration of the City Commission of the City of Riviera Beach.

   
   

6. Lieutenants play no part in hiring new employees. Unless serving as an acting captain, a lieutenant would not interview job applicants, and would have no input into hiring decisions. Lieutenants do not have final authority to promote, transfer, or discharge employees. Lieutenants do make recommendations respecting promotions, transfer, and discharge. with respect to promotions, the views of the police lieutenants would be solicited, and are given great weight. Employee evaluation reports are used to evaluate probationary personnel, and permanent employees. These reports are prepared by lieutenants and reviewed by the captain. Probationary employees may be rejected for permanent status based in part on these reports, and permanent employees may be denied promotions based in part upon these reports. The evaluations are also used to determine whether employees should get step increases. Captains make recommendations for promotion to the Police Chief based upon the lieutenant's evaluation. A lieutenant makes recommendations to the captain respecting transfer or discharge of an employee. These recommendations are given some weight, but are not always followed.

   
   

7. A lieutenant to the Uniform Division assigns the officers in the division to their jobs on a daily basis. This duty may be delegated to a police sergeant; however, the responsibility lies with the lieutenant. A lieutenant is responsible for the work performance of personnel under this command. Lieutenants can discipline employees by taking such action as removing the employee from duty for the remainder of a shift. The lieutenant must then, as soon as possible, submit a full report to the captain, who will forward it to the Inspector of Police and to the Chief. Lieutenants can make recommendations to their superior officers respecting discipline of employees under their supervision, but only the City Manager has ultimate authority to suspend an employee. Lieutenants serve as the first step in the city's formal grievance procedure; however, the police captain must approve any affirmative action taken by the lieutenant.

   
   

8. Two police lieutenants testified at the hearing that they do not wish to be part of a collective bargaining unit with lower ranking police officers. The testimony of one witness was based upon his feeling that it would be more difficult for him to carry out his job under those circumstances. The testimony of another lieutenant was based upon his personal dislike for labor unions. Two other police lieutenants signed affidavits stating their preference to be included in the "Management Group" of the city. No basis was given for these statements.

ENTERED this 18th day of February, 1976, in Tallahassee, Florida.

G. STEVEN PFEIFFER Hearing Officer

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

COPIES FURNISHED:

Curtis L. Mack, Chairman

Public Employees Relations Commission Suite 105, 2005 Apalachee Parkway

Tallahassee, Florida 32301

Irving Weisoff, Esquire Suite 804, Roberts Building

28 W. Flagler Street Miami, Florida

Nicholas P. Wellman, Esquire 4655 S. Military Trail

Lake Worth, Florida 33460

Docket for Case No: 75-001135

Orders for Case No: 75-001135