STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA STATE LODGE, FRATERNAL ) ORDER OF POLICE, )

)

Petitioner, )

)

vs. ) CASE NO. 75-1317

) PERC NO. 8H-RC-756-2198

CITY OF LAUDERHILL, )

)

Respondent. )

)

RECOMMENDED ORDER

The above captioned cause came on for hearing before James E. Bradwell, Hearing Officer, Division of Administrative Hearings at Lauderhill, Florida on the 8th day of September, 1975, at 9:30 A.M.

APPEARANCES

For Petitioner: Irving Weinsoff, Esquire For Respondent: David Price, Esquire

The hearing was held based on an RC petition filed by the Petitioner, Florida State Lodge, F.O.P., hereinafter called the Petitioner, seeking to represent a unit including all sworn personnel excluding the chief and nonsworn personnel. The petition was filed on August 4, 1975. The parties stipulated that the Public Employer is an employer and that the Petitioner is an employee organization within the meaning of Florida Statutes, Chapter 447. The Public Employees Relations Commission herein called PERC administratively determined that the Petitioner file its petition with the requisite showing of interest and also that the employee organization is properly registered with the Public Employees Relations Commission as required by and within the meaning of Section 447, Florida Statutes.

At the outset of the hearing, the parties stipulated and the employer agreed to recognize all sworn personnel of the police department below the rank of lieutenant. The Public Employer takes the position that the lieutenant and chief are managerial employees within the meaning of Florida Statutes, Chapter

447 and therefore should be excluded from any unit while the Petitioner takes the position that lieutenants are not managerial employees and therefore should be included within the unit. The sole issue raised for determination by PERC is whether or not lieutenants or those employees occupying the job classification of lieutenant and chief are managerial employees and therefore should be excluded from the agreed upon stipulated unit. Record evidence was taken on this issue for resolution by PERC.

Chief Ramsdale has been employed by the employer for approximately 10 years and testified as follows: That there are approximately 42 sworn employees that would be included within the unit as stipulated to by the parties and that there

are also 2 lieutenants and 1 acting lieutenant. Chief Ramsdale testified that his duties consist of overseeing the entire operation of the police department, he sets all policy and effectuates all policy. He prepares the budget and makes recommendations to the city council regarding proposals for the budget and he sees to it that the appropriations are utilized for the purpose for which they were intended. All hiring and firing of personnel is done by the chief, he lays off and recalls employees, he grants time off and recommends employees or otherwise rewards them for duties performed. All disciplinary action taken against employees must first be heard and approved by the chief. All employees receive the same fringe benefits. The chief reports to and is responsible to the Mayor and the city council. All emergency situations and procedures which deviate from established policy must be brought to the chief's attention who is on call on a 24 hour basis.

As previously stated, there are 3 lieutenants, 2 of whom are permanently classified as such and 1 is serving as an acting lieutenant. The duties of the lieutenants are to oversee the general operation of their respective divisions, for an example: lieutenant Karte is in charge of the overall operation of the road patrol unit. He sees that the equipment is properly maintained, the seargents report to him and he in turn reports to the chief. Lieutenant Marash is in charge of the detective and municipal court section. Within the past 12 months, lieutenant Marash has served in the chief's position on two occasions. On one occasion, he served for a three week period while the chief was on vacation and the second occurrence was for a period of four days while the chief attended the Florida Police Chief's Conference which was held in Panama City, Florida. There was a general statement made by Chief Ramsdale that the lieutenants assist him in the preparation of the budget. Specifically, the lieutenants research the various areas within their department which would call for monetary items and give figures to the chief to cover such areas. They spend approximately 1/10th of their work time doing such research and recommendations for the chief for budget preparation. The lieutenants also investigate prehire determinations which are reported to the chief; they investigate actions regarding the discharge of employees, and they also conduct confidential reports on their respective units. Following completion of their investigations, they issue a report to the chief who in turn determines what disciplinary action, if any, should be taken. The chief testified that in those instances wherein the recommended disciplinary action seemed to be in accord with the violation of the personnel policy or rule alleged, he would not investigate the matter further and he would act on the recommendation as reported by the lieutenant involved. However, in those instances wherein the recommendation seemed to depart from established policy the chief would make an independent investigation of the situation and decide what disciplinary action should be taken. Also in the "preparation of the budget", the lieutenants maintain records for their departments on a day to day basis. All personnel problems are initially brought to the lieutenant's attention for consideration. As stated supra, all procedures or policy matters which depart from established guidelines are referred to the chief for consideration. The lieutenants also maintain personnel records and make recommendations regarding salary incentives. The chief was recalled and testified that he conferred with the lieutenants on the formulation of policy; that the lieutenants assisted him in planning and preparing the budgets and that if the lieutenants were not included within the bargaining unit by PERC, they would assist him in collective bargaining relations. The salaries of the sargents are approximately $18,240.00 per year and the salaries of the lieutenants are approximately $20,200.00. Lieutenant Karte testified that during the course of the previous 12 month period, the seargents and lieutenants interchanged duties approximately 5 times for a period

of approximately 1 hour on each occasion. Lieutenant Karte expressed a desire to be included within the bargaining unit.

The petitioner introduced, and the hearing officer received an exhibit marked as petitioner's Exhibit 1 (copy attached) which is a resolution which purports to recognize the petitioner as the collective bargaining representative in the petitioned for unit for the City of Lauderhill. The resolution is captioned number 442 and was passed by the City Council on February 24, 1975.

David Price, City Attorney, did not object to receipt of Petitioner's Exhibit 1, but noted for the record that the council at one time did in fact accept and pass resolution number 442 , but that such resolution was repealed when it was brought to the attention that the petitioner was not a properly registered organization with the Public Employees Relations Commission. Mr. Price also stated that upon learning that the Petitioner is infact properly registered the city council would pass a resolution at the next regularly scheduled meeting of the City Council which is similar to resolution number 442 which would, in essence, recognize the Petitioner as the collective bargaining representative for the employees in the stipulated unit.

ENTERED this 12th day of September, 1975, in Tallahassee, Florida.

JAMES E. BRADWELL, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Mr. Eugene Cipolloni, Mayor City of Lauderhill

4000 Northwest 12th Street Lauderhill, Florida

Ervin Weinsoff, Esquire Weinsoff, Weinsoff & Carney Suite 804, Roberts Building

28 West Flagler Street Miami, Florida

David Price, City Attorney 4000 Northwest 12th Street Lauderhill, Florida

Richard Witt

State Lodge, F.O.P.

48 West 8th Street Hialeah, Florida

Docket for Case No: 75-001317

Orders for Case No: 75-001317