STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA POLICE BENEVOLENT )

ASSOCIATION, )

)

Petitioner, )

)

vs. ) CASE NO. 75-1932

)

CITY OF LEESBURG, )

)

Respondent. )

)

RECOMMENDED ORDER

A hearing was held pursuant to notice on March 10, 1976, at 10:00 A.M, in the City Commission Room, City Hall, Leesburg, Florida, before Stephen F. Dean, assigned Hearing Officer of Division of Administrative Hearings. This matter arose upon the filing of an RC Petition with PERC by West Central Florida Police Benevolent Association, Inc., relative to its representation of employees within the Police Department of the City of Leesburg, Florida. The matter was referred by PERC to the Division of Administrative Hearings to conduct a hearing relative to the following issues:

1. Whether the Respondent is a public employer within the meaning of Florida Statutes, Chapter 447.

   
   

2. Whether the Petitioner is an employee organization within the meaning of Florida Statutes, Chapter 447.

   
   

3. Whether there is a sufficient showing of interest as required for the filing of a Representation Election Petition under Florida Statutes, Chapter 447.

   
   

4. Whether the employee organization is a properly registered organization with the Public Employees Relations Commission.

   
   

5. What is the appropriate unit of public employees in the cause before the Public Employees Relations Commission.

APPEARANCES

For Petitioner: Thomas F. Panza, Esquire

Post Office Box 11387

3047 North Federal Highway

Ft. Lauderdale, Florida 33306

For Respondent, Norman F. Burke, Esquire Public Employer: 1600 Magnolia Avenue

Orlando, Florida 32802

PREHEARING MATTERS

The parties stipulated to the following:

1. The City is a public employer within the definition of Chapter 447, F.

   S.

   
   

2. The Petitioner has requested and been denied recognition.

   
   

3. The exclusion of school guards, sign and maintenance men, dog warden,

jailer, secretary, and unsworn communication's officers or dispatchers from the proposed unit.

ISSUES

1. Whether the unit described in the petition is appropriate.

   
   

2. Whether the Petitioner is an Employee Organization within the definition of Ch. 447, F. S.

SUMMARY OF RECORD

Status of the Petitioner as an Employee Organization.

This matter was raised on the Motion of the Public Employer to dismiss the instant RC Petition, which motion was grounded on the theory that the Petitioner, under its Constitution and By-Laws, had delegated its authority to bargain collectively to Florida PBA. See specifically By-Laws of West Central Florida Police Benevolent Association, Article VII, Section 2.

Because the Hearing Officer lacked authority to rule on this motion, the parties were allowed to argue their positions on the record (Pg. 6-14), and given 10 days to submit their briefs on the issue. Written Motion and Briefs are forwarded with the record for the consideration and ruling by PERC.

Unit Appropriateness

1. Organization and General Duties

   
   

   1. City Manager - The City of Leesburg's top law enforcement officer is the City Manager. The Chief of Police is his chief and top assistant for law enforcement matters. The City Manager approves all hiring, firing, discipline and promotion on the Chief's recommendation.

      
      

   2. Chief of Police - The Chief of Police is the chief administrator of the Police Department and develops the basic recommendations for the City Manager regarding operation of the department. He is responsible for the department's budget, personnel and operational policies.

      
      

   3. Captains - The Chief is assisted directly by two Captains. One Captain is in charge of the Detectives and is the ranking Captain. The Detective Captain works directly with the detectives and assumes command of the Department if the Chief is absent. The other Captain is in charge of departmental administration. The Administrative Captain is in charge of municipal court and department records and department payroll. The two Captains and the Chief work 8 to 5, five days a week, although they are on call for

      certain police emergencies such as major fires or similar catastrophes, and major crimes such as armed robberies and murders. The Captains have the authority to effectively recommend transfers, leave, budgetary expenditures and discipline.

      
      

   4. Lieutenants - There are five Lieutenants in the Police Department. One Lieutenant is assigned as the training officer and conducts driving school, performs public relation functions for the Chief and performs other duties as assigned by the Chief. The other four Lieutenants are assigned as shift commanders. Shift Commanders are solely responsible for the operation of their shift. Lieutenants are the highest ranking officers who are on duty when the Captains and the Chief are not on duty. Each shift is composed of Lieutenants, Sergeants, Communications Dispatcher, and four patrolmen. The shift lieutenants have authority to effectively recommend to the Chief transfers, leave, budgetary expenditures, and discipline. They are also responsible for keeping time records for the personnel and making duty assignments. The Shift Lieutenants are assigned patrol cars from which they operate during their shift. Due to the small size of the force, all the sworn officers have patrol assignments.

      
      

   5. Communications Dispatchers - The Communications Dispatchers were excluded from the unit by the stipulation above because they are not sworn officers. One dispatcher is however sworn and charged with the additional duty of microfilming all department records. He would be considered within the unit, unless by virtue of his access to those departmental records he microfilms, he is deemed a confidential employee.

      
      

   6. Sergeants - There are four Shift Sergeants, one assigned to each shift. Generally, regarding these Sergeants, the testimony revealed that this position had been deleted several years ago when the two Sergeants who were shift commanders were promoted to Lieutenants. The Chief discovered that because the lieutenants were frequently away at schools, military leave or vacation, there was a need for another person with supervisory authority on each shift who could take over in the Lieutenant's absence. The position of Sergeant was reinstated. The Chief indicated that he was equally proud of his Sergeants and Lieutenants and that he expected as much from his Sergeants as his Lieutenants. In his opinion Sergeants were full-time supervisors, that is, they were on the shift to provide supervision at all times and specifically to take charge when the Lieutenants were not present.

      
      

   7. Patrolmen - The patrolmen on the shift perform general patrol duties assigned by the Lieutenants and Sergeants.

      
      

   8. Detectives - The Detective Branch is under the direct supervision and control of the Detective Captain. Detective Branch has the position of Senior Detective which is equivalent to the rank of Sergeant, and Detective which is equivalent to the rank of Patrolman. However, apparently because detectives are chosen from patrolmen who have been on the force for some time, they generally are paid at the grade of senior patrolman.

      
      

2. Benefits

   
   

   The sworn personnel of the Police Department have a uniform system of salary schedules (See Exhibit 6), vacation, sick leave, insurance, injury and death benefits.

3. Hiring, Promotion, and Probation

   
   

   1. Hiring of personnel is dependent upon the Chief's evaluation of the applicants. Based upon his recommendation the City Manager signs the paper work necessary to place the applicant on the city payroll.

      
      

   2. The promotion policy combines an examination and personal evaluation. It comes into operation only when a vacancy exists. The examination is not the determining factor but promotion is dependent upon the Chief's personal evaluation of the person(s) who he then recommends to the City Manager for promotion.

      
      

   3. All new employees and persons just promoted are in probationary status. They are evaluated by their immediate superiors, at least informally. The Chief has the ultimate recommendation within the department regarding retention of the person in the position.

      
      

4. Evaluation and Discipline

   
   

   1. Evaluations are conducted of employees on an annual basis. The Lieutenants (Captains in the Detective Branch) are the primary raters for the shift personnel. However, the Sergeants provide unofficial reports to the Lieutenants and the Chief regarding the shift personnel. If a Lieutenant were not present for duty and not expected back within several days, the Chief would expect the Sergeant to rate the personnel. Lieutenants and Captains are rated by the Chief.

      
      

   2. Discipline of employees may be initiated by Sergeants, Lieutenants, Captains, and the Chief. Sergeants would generally issue oral reprimands, or report more serious breaches of conduct to the Shift Commander. Sergeants and Lieutenants have the authority to relieve an officer from duty pending a report to and action by the Chief. The Chief would have authority to make a recommendation to the City Manager for a suspension, dismissal or disciplinary action based upon the recommendations of his subordinates and his evaluation of the facts.

      
      

5. Other Factors The Department is a small department with only eight officers, to include the Chief, four Sergeants, and seventeen sworn Patrolmen to include one Dispatcher. Because of the small size many functions are handled informally and the majority of personnel become involved in operational police work. Although the Lieutenants are assigned patrol cars, they are clearly the Shift Commanders and bear the responsibility for police operations and the conduct of their shift personnel during their tour of duty. Lieutenants and higher officers wear white shirts and collar insignia of their rank. In the Lieutenant's absence, which is apparently fairly frequent, the Sergeant assumes the duties and responsibilities of the Lieutenant. At all times the Sergeants exercise certain supervisory authority. The Sergeants wear blue shirts and sergeants stripes on their sleeves. The primary thrust of the testimonial record dealt with the position of Sergeant and its functions and responsibilities as factors in its inclusion or exclusion from the unit. Regarding the desires of the Sergeants there are apparently two Sergeants who desire inclusion and two Sergeants who desire exclusion.

Respectfully submitted this 27th day of May, 1976, in Tallahassee, Florida.

STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Thomas F. Panza, Esquire

P.O. Box 11387

3047 North Federal Highway

Ft. Lauderdale, Florida 33306

Norman F. Burke, Esquire 1600 Magnolia Avenue

Orlando, Florida 32802

Docket for Case No: 75-001932

Orders for Case No: 75-001932