STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SARASOTA COUNTY POLICE )

BENEVOLENT ASSOCIATION, )

)

Petitioner, )

)

vs. ) CASE NO. 76-450

)

SARASOTA COUNTY SHERIFF'S )

DEPARTMENT, )

)

Public Employer. )

) PERC. CASE NO. 8H-RC-766-2016 )

)

HEARING OFFICER'S REPORT; SUMMARY OF THE CASE; FINDINGS OF FACT

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 May 7, 1976, in Sarasota, Florida.

The following appearances were entered: Tobey C. Hockett, Sarasota, Florida, for the Petitioner; and Sheriff Jimmy Hardcastle, representing the Sarasota County Sheriff's Department.

SUMMARY OF THE CASE

The Sarasota County Police Benevolent Association, Inc. ("Petitioner" hereafter) filed a petition with the Public Employees Relations Commission ("PERC" hereafter) on February 12, 1976. Petitioner is seeking to represent a unit of employees of the Sarasota County Sheriff's Department ("Sheriff's Department" hereafter). At the hearing the Petitioner amended the unit designation set out in the petition for the purpose of clarity. The unit of employees which Petitioner seeks to represent would include all sworn law enforcement personnel of the Sheriff's Department, including the job positions of Sergeant, Corporal, First and Second Class Deputy, and any other sworn personnel of the rank of Sergeant or below, not including probationary personnel, or the special deputies who are not salaried employees of the Sheriff's Department, and excluding all other employees of the Sheriff's Department. The Sheriff's Department asserted that the appropriate collective bargaining unit, if any, would include all employees of the department with the rank of Captain or below. The Sheriff's Department's unit would basically include all employees other than the Sheriff. The Sheriff's Department agreed that probationary personnel and special deputies who are not salaried employees should be excluded from any collective bargaining unit ultimately certified by PERC.

The purposes of the hearing were to consider and to develop a record from which PERC might consider and determine the following issues:

1. Whether the Sarasota County Sheriff's Department is a Public Employer within the meaning of Florida Statutes, Ch. 447.

   
   

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

   
   

3. Whether there is a sufficient showing of interest as required for the filing of a representation election petition under Florida Statutes, Ch. 447.

   
   

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

   
   

5. The appropriate unit of public employees in the case.

The Petitioner called the following witnesses: Don Evans, a former employee of the Sheriff's Department who had served as a deputy sheriff; and George Harris, a corporal employed by the Sheriff's Department. Jimmy Hardcastle, the Sheriff of Sarasota County, appeared as the only witness for the Sheriff's Department. Hearing Officer's Exhibit 1 - 5 were received into evidence at the hearing. The parties were invited to file Legal Memoranda and Proposed Hearing Officer's Reports. The Petitioner filed a copy of a brief which had previously been filed in the 2nd District Court of Appeals.

FINDINGS OF FACT

1. The petition herein was filed by Petitioner with PERC on February 12, 1976. (Hearing Officer's Exhibit 1).

   
   

2. The hearing in this case was scheduled by notice dated April 23, 1976. (Hearing Officer's Exhibit 2).

   
   

3. The Sheriff of Sarasota County is an officer who holds his position by virtue of Article VIII, Section 1(d) of the Constitution of the State of Florida. The duties, responsibilities, and powers of the Sheriff's Department are delineated in Florida Statutes, Ch. 30. There are no special statutes which alter the provisions of Ch. 30 with respect to the Sheriff of Sarasota County.

   
   

4. The Petitioner is an association which is seeking to represent a group of public employees concerning matters relating to their employment relationship with the Sheriff's Department. The Petitioner has been certified by PERC to serve as the bargaining representative for employees of the City of Sarasota, Florida.

   
   

5. The Petitioner requested recognition as the bargaining agent of the unit of employees described in the petition. The Sheriff's Department did not respond to the request. (Stipulation, Transcript of Record, Page 6). 1/

   
   

6. There is no contractual bar for holding an election in this case. (Stipulation, TR 6).

   
   

7. There is no collective bargaining history which would affect the issues in this case. (Stipulation TR, 6, 7).

   
   

8. PERC has previously determined chat the Petitioner is a duly registered employee organization. (Hearing Officer's Exhibit 3). No evidence was offered at the hearing to rebut the administrative determination previously made by PERC.

9. PERC has previously determined that the Petitioner filed the requisite showing of interest with its petition. (Hearing Officer's Exhibit 4). No evidence was offered at the hearing to rebut the administrative determination previously made by PERC.

   
   

10. The parties stipulated that probationary personnel employed by the Sheriff's Department, and special deputies who are not regularly salaried employees of the Sheriff's Department should be excluded from any collective bargaining unit ultimately certified by PERC as appropriate in this case.

    
    

11. The organizational structure of the Sheriff's Department is accurately depicted in an organizational chart which was received in evidence as Hearing Officer's Exhibit 5. The Sheriff is the chief executive officer of the Sheriff's Department. The Sheriff's Department is divided into six divisions. There are six sworn law enforcement personnel in the Research, Development, and Training Division. The Division is headed by a Lieutenant. A Corporal serves in this division for two days weekly in the Crime Prevention office. There are four officers in the division. The Sheriff's Staff is headed by the Sheriff. There are no sworn law enforcement personnel in this division. There are five sworn law enforcement personnel in the Detention Division. The Division is headed by a Captain. One sergeant and three patrolmen serve in the division. Two of the patrolmen serve as process servers. The Sergeant supervises the activities of the patrolmen and answers to the Captain. There are approximately

    78 sworn law enforcement personnel in the Patrol Division. A Captain is in charge of the Division. There are five lieutenants, seven sergeants, and seven corporals. There are five sworn law enforcement personnel in the Administration Division. The Division is headed by a Captain and includes one lieutenant, one corporal, and two patrolmen. There are sixteen sworn officers in the Investigative Division. The Division is headed by a Captain, and includes two sergeants and three corporals.

    
    

12. The Sheriff is ultimately responsible for hiring, firing, suspending, and transferring employees of the Sheriff's Department. Captains serve as heads of four of the Department's divisions. The Captain is responsible for the functioning of his division, and for the assignment and training of personnel who serve under him. Captains are the second highest ranking officers in the Department, and answer directly to the Sheriff. Captains normally work a standard day shift. Lieutenants are in charge of the shifts in the Patrol Division. The lieutenants answer to the Patrol Division Captain. The Lieutenant in the Administration Division is in charge of the Purchasing Office and answers to the Administration Division Captain. The Lieutenant in the Research, Development and Training Division is in charge of the Division and answers directly to the Sheriff. Lieutenants who work the day shift work primarily in the central office. In the four to midnight and midnight shifts the Lieutenant works primarily in a patrol car. Lieutenants are responsible for scheduling the men on their shifts, and for inspecting the men. Lieutenants will serve as acting captain during all times when no captain is on duty. The uniform worn by lieutenants and captains includes a white shirt with the appropriate bars worn on the shoulder. Personnel with the rank of sergeant or below wear uniforms which have light green shirts with patches on the arms.

    Each of the captains in the Department has use of a department motor vehicle. Some but not all lieutenants and sergeants have use of automobiles. The Sergeants are directly responsible for supervising deputies on patrol.

    Sergeants are generally responsible for supervising fewer employees than Lieutenants supervise, and Sergeants do not perform regular office functions. Corporals generally serve as backup units for the road deputies. The Sheriff

    seeks recommendations from each level of the chain of command for personnel action including hiring, firing, transfer, suspension, and other disciplinary action. An advisory committee, which consists of sergeants, corporals, and deputies, makes recommendations respecting hiring of new employees. The Sheriff also utilizes an advisory committee to make recommendations respecting promotions. The Sheriff typically follows the recommendations of Captains respecting personnel administration. Typically the Captains recommendations will be based upon the Lieutenant's recommendations which will be based upon the Sergeant's recommendations.

    
    

13. Each division and each department within each division submits proposed budgets to the Administrative Captain. The Administrative Captain and the Sheriff together prepare a proposed budget for the Sheriff's Department. Final budget approval must come from the County Commission. The Sheriff has the various appeal routes set out in Florida Statutes Ch. 30 in the event the County Commission does not approve his proposed budget. Only the Sheriff can expend funds on behalf of the Sheriff's Department.

    
    

14. Staff meetings are conducted by the Sheriff on an as-needed basis. Captains and Lieutenants regularly serve on the Sheriff's staff. No personnel below the rank of lieutenant regularly serve on the staff. Other officers are invited to participate in the staff meetings when matters affecting their area of responsibility are involved. The Sheriff receives input at the staff meeting respecting new policies. The Sheriff is ultimately responsible for making decisions respecting new policies, but he does seek the advice of the staff.

    
    

15. In the event that the Sheriff's Department engages in the collective bargaining process, no final plans have been formulated respecting which personnel would serve on any negotiating team. The Sheriff intends to do his own negotiating and has not determined whether he will utilize the services of any assistants.

ENTERED this 9 day of July, 1976, in Tallahassee, Florida.

G. STEVEN PFEIFFER Hearing Officer

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

ENDNOTE

1/ References to the Official Transcript of proceedings conducted before the undersigned hearing officer will hereafter be referenced "TR" followed by the page number.

COPIES FURNISHED:

Tobey C. Hockett

Sheriff Jimmy Hardcastle

Docket for Case No: 76-000450

Orders for Case No: 76-000450