STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FRATERNAL ORDER OF POLICE, )

Local Lodge No. 38, )

)

Petitioner, )

)

and ) CASE NO. 75-140

) PERC NO. 8H-RC-746-2007

CITY OF NAPLES, )

)

Respondent. )

)

RECOMMENDED ORDER

This matter came before the undersigned hearing officer on a petition of the Fraternal Order of Police to the Public Employees Relations Commission to have that Commission recognize the petitioners as a collective bargaining unit under Chapter 447, F.S. This hearing was convened at 3:00 p.m. on May 27, 1975, at the Collier County Courthouse, Naples, Florida.

APPEARANCES

For Petitioner: John Cardillo, Esquire

945 Central Avenue Naples, Florida

Daniel Monaco, Esquire 945 Central Avenue Naples, Florida

For Respondent: Granville Alley, Jr.

Post Office Box 1427 Tampa, Florida 33601

1. The petitioners sought to have all sworn police officers in the positions of patrolmen, sergeants, detectives and lieutenants included in this proposed bargaining unit. It was the position of the city that lieutenants and sergeants were managerial employees and that patrolmen alone should be in a bargaining unit and if the other classifications were not managerial that they were supervisory and should be included in a separate supervisory unit.

   
   

2. Further, the city opposed this petition on the ground that to recognize the proposed bargaining unit would cause unnecessary fragmentation of bargaining units among the city and that the proposed unit, if it is recognized at all, should be recognized as part of a larger unit which included more municipal employees.

   
   

3. Also, the city opposes this petition on the ground that the petitioner has never formally requested voluntary recognition from the City of Naples. By letter on December 22, 1974, the Fraternal Order of Police requested of Howard Williams, City Manager, Naples, Florida, that it be recognized as the bargaining

   unit for the city police department employees. The city has never responded to this letter and maintains it is not a request for recognition by an employee organization.

   
   

4. The city states it has not refused to answer this request. No reason was given for the failure to respond to this letter from the Fraternal Order of Police and it can only be presumed the failure to respond was a purposeful attempt by the city to justify its position that the city did not "refuse to recognize the employee organization" under Section 447.009(2). In any event, the employee organization letter was certainly a request to the public employer. By its silence the failure of the city to voluntarily recognize the employee organization must be considered a refusal on their part to do that.

   
   

5. The Police Department of Naples is organized under a chief, an assistant chief, captain, two lieutenants, sergeants and patrolmen. A lieutenant is in charge of the detective division and there is an administrative lieutenant. A captain is in charge of the operations division which is the patrol section of the police department and sergeants in the operations division report directly to that captain.

   
   

6. The police force at its operations level is organized into four platoons, each platoon has eight patrolmen and is headed by a sergeant. Sergeants are in charge of their particular platoons. They assign the patrolmen to "zones" in the city and determine the shift hours to be worked by each patrolman. Generally, this is done on a routine rotating basis. Sergeants do some patrol work, but generally their principal responsibilities are to see their platoons are assigned and are properly carrying out their normal police work. Sergeants do not take any part in formulating policy or have any role in personnel administration or employee relations. Nor do they take part in the preparation of budgets other than making suggestions that may or may not be adopted by the city. While sergeants in the Naples Police Department spend much of their time in a supervisory capacity, most of their decisions are of a routine and ministerial nature, rather than involving and requiring a great deal of judgment and discretion.

   
   

7. The detective division is headed by a lieutenant and he supervises all of the detectives in the police department. There are two lieutenants in the Naples Police Department. One is the detective lieutenant in charge of the detective division. The other is in charge of the services division. Detective Barrie Kee is in charge of the detective division. Lieutenant Jimmy Spohn is in charge of the services bureau. Lieutenant Spohn is in charge of the firearms range, ordering ammunition when necessary, making sure the vehicles are maintained properly, and similar administrative responsibilities. He has one employee under him, the janitor or custodian of the building. Also, Lieutenant Spohn is in charge of serving subpoenas. Lieutenant Spohn makes sure there is an adequate supply of ammunition and his responsibility when the need arises includes certain travel to purchase ammunition for the police department. Lieutenant Spohn, with Lieutenant Kee, the captain, the assistant chief and the chief, comprise the review board which sits and evaluates patrolmen eligible for promotion to sergeant. That seldom occurs because there are not many positions available. This review board may not meet for several years at a time. Lieutenant Spohn does no investigative work and his duties are more routine than discretionary.

   
   

8. Lieutenant Kee runs the detective section which investigates crimes that have been committed. He assigns the work loads and cases to the detectives in his division, decides which cases require priorities, and which do not need

   to be investigated at all. There are five detectives in the detective division. Lieutenant Kee oversees the investigations done by the detectives within his division and makes sure that the cases are investigated and brought to a reasonable conclusion. Before a case is closed, Lieutenant Kee reviews the file to make sure that all logical investigation has been completed.

   
   

9. Lieutenant Kee has One detective sergeant and four detectives in his division. He supervises the work of these detectives and evaluates their performance at regular intervals. Lieutenant Kee can suspend a detective below him but must then get the approval of the assistant chief. Lieutenant Kee spends about one or two hours a day reading and evaluating investigative reports submitted by the detectives in his division. The detectives under Lieutenant Kee carry between 25-40 cases at any given time. Lieutenant Kee rarely assigns himself any cases except for homicides and other major offenses. From his testimony, Lieutenant Kee spends less than 20 percent of his time actually supervising the detectives in his division. The rest of his work is of a fairly routine and general nature. Within the detective division, Lieutenant Kee has a detective sergeant who assists him in assigning cases and reviewing the reports of the men. Otherwise it appears the sergeant, Sergeant Stoddard, has similar duties as the other detectives in this division.

   
   

10. The other sergeants in the Naples Police Department are in the patrol division and are in charge of the patrolmen in their shifts. Sergeants generally assign the patrolmen their work. Sergeants cannot hire or fire patrolmen nor do they have any input into pay raises for patrolmen or demotions, except for routine evaluations they perform. Sergeants may assist in the recommendations made in their division toward the preparation of the budget but are far removed from the ultimate decision-making process.

    
    

11. Evidence regarding the city's position toward recognition of a police department unit was presented largely through prepared testimony of the city manager. An affidavit was submitted signed by Mr. Williams, the city manager, which discussed the functions of various city departments, including the police department. The city took the position through this witness that recognition of the police department employees In a separate bargaining unit would unduly burden the city in the collective bargaining process. Mr. Williams related how many of the functions of each department often are interrelated with other departments and that no single city department was isolated from any other. How this testimony was relevant regarding an appropriate bargaining unit was not made very clear. Further, the city did take a somewhat inconsistent position when it stated it would voluntarily agree to recognize patrolmen and sergeants in separate units.

    
    

12. As far as policy making goes for the police department, such decisions are reserved for the city manager and the chief of police. Apparently the city manager may exercise his prerogative for final approval of every decision in the police department, although it appears he gives great weight and deference to the recommendations and decisions of the chief. However, the patrolmen, sergeants, detectives and lieutenants can only offer their advice regarding policy changes. The chief often calls staff meetings at which all divisions in the department are represented and many questions are thrown up for group discussions. There was no indication the suggestion of a lieutenant would be given greater weight than of a senior patrolman. The chief apparently uses his own judgment in deciding which idea or suggestions have merit.

    
    

13. The city is headed by a city manager. He is the chief executive officer in an administration of about 300 employees. The city manager retains

    final authority on all executive decisions. All employee hiring, firing and other personnel decisions are subject to his final approval.

    
    

14. The city manager, Howard Williams, makes the ultimate decision on all questions and deals with the preparation of budgets, hiring, promotions, demotions, suspensions and removal of all city employees. No evidence was presented at this hearing that the city manager has delegated this responsibility to chiefs or department heads.

Done this 12th day of march, 1976, in Tallahassee, Florida.

KENNETH G. OERTEL, Director

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

(904) 488-9675

COPIES FURNISHED:

John Cardillo, Esquire 945 Central Avenue Naples, Florida Attorney for Petitioner

Daniel Monaco, Esquire 945 Central Avenue Naples, Florida Attorney for Petitioner

Granville Alley, Jr. Post Office Box 1427 Tampa, Florida 33601 Attorney for Respondent

Docket for Case No: 75-000140

Orders for Case No: 75-000140