STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA STATE LODGE, F.O.P., )

)

Petitioner, )

)

and ) CASE NO. 75-1554

) PERC CASE NO. 8H-RC-756-2180

CITY OF CLEARWATER, )

)

Public Employer. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated hearing officer, K. N. Ayers, held a public hearing in the above styled cause on October 30, 1975 at Clearwater, Florida.

APPEARANCES

For Petitioner: Irving Weinsoff, Esquire

28 West Flagler Street Miami, Florida 33130

For Public Lucias M. Dyal, Jr., Esquire Employer: Shackleford, Farrier,

Stallings and Evans, P.A. Box 3324

Tampa, Florida 33601 SUMMARY OF PROCEEDINGS

At the beginning of the hearing Exhibit 1, the Petition; Exhibit 2, Affidavit of Compliance for Registration of Employee Organization; and Exhibit 3, Affidavit of Compliance for Required Showing of Interest were admitted into evidence without objection. The parties stipulated that Petitioner is an Employee Organization and that the City of Clearwater is a Public Employer as defined by Chapter 447, Florida Statutes.

The City's position with respect to an appropriate bargaining unit is all police officers, traffic enforcement officers, and parkettes; but excluding all personnel holding ranks of police chief, police major, police captain, or police sergeant, and such other managerial employees as may be employed by the City and all clerical employees, professional employees, dispatchers, property clerks, janitors, and police cadets. Petitioner agreed that the appropriate bargaining unit would be as proposed by the City except for the addition of the grade of sergeant to the appropriate bargaining unit. Both parties stipulated that the appropriate bargaining unit would include all those employees proposed for inclusion by the City. The only position in dispute was that of sergeant, and thereafter testimony was presented respecting the duties, authority, and responsibility of sergeants.

Exhibit 4, the current agreement between the City of Clearwater and the Fraternal Order of Police Local Lodge #10, was admitted into evidence. In Article I thereof the City recognized the bargaining unit comprised of the same employees they propose for inclusion in the bargaining unit that is the subject of the instant hearing. Exhibit 5 is a recognition acknowledgement of the same bargaining unit by the City of Clearwater.

Thereafter, the Chief of Police, one major, one captain, five sergeants, and two patrolmen testified regarding the duties, responsibilities and authority of sergeants. Exhibit 6, the operations manual; Exhibit 7, rules and regulations currently in effect in the Clearwater Police Department; Exhibit 8, Civil Service job description in the Clearwater Police Department; Exhibit 9, letter signed by eight sergeants to Fraternal Order of Police stating that they did not desire the Fraternal Order of Police to bargain for them; Exhibit 10, detective work schedule; Exhibit 11, general work schedule; Exhibit 12, letter of commitment dated May 18, 1974 regarding pay raise, were admitted into evidence. Exhibit 6 was objected to by Petitioner on the grounds it had not as yet been approved by the Civil Service Board; however, when the sponsoring witness testified that Exhibit 6 differed from the old operations manual only in that obsolete sections had been removed, and that Exhibit 6 accurately reflected the rules and regulations actually in effect, Exhibit 6 was admitted into evidence. Exhibit 13, a recognition acknowledgement by the City of Clearwater of an appropriate bargaining unit of the fire department, was offered into evidence, but the objection to its admission on the ground it was irrelevant to the proceedings was sustained. Exhibit 14, class title Fire Lieutenant, was not admitted over objection that it was irrelevant. Exhibit 15, pay plan for classified service, was admitted without objection.

There are some 150 sworn officers in the Clearwater Police Department with approximately two-thirds of these in the Operations Division which provides the patrols that perform around-the-clock protection for the City. This division is divided into eight squads of approximately eleven men each, led by a sergeant.

Two squads constitute a shift and are on duty at one time - one patrolling the east section of the City, the other the west. The shift is commanded by a captain. There are no lieutenants in the Clearwater Police Department.

The sergeants assign the patrolmen in their squads to various districts and spend the majority of their duty periods supervising these patrolmen. Sergeants normally report for duty 30 to 45 minutes early to get briefed on the situation and to plan their squad's activities. They spend 20 to 30 minutes each shift with their men at roll call reviewing police procedures, training, etc. The senior sergeant assumes shift command during the absence of the captain.

Sergeants' absences are sometimes covered by the captain, and occasionally by a senior patrolman in a squad.

Sergeants wear uniforms similar to patrolmen except for gold badges instead of silver, and chevrons indicating rank.

Sergeants make evaluation reports on all probationary patrolmen after 4 1/2 months service and again after 8 months service. They submit recommendations regarding merit increases for permanent status members of their squads. These recommendations are almost invariably followed.

Sergeants approve overtime for their men and require them to work overtime when needed.

Requests for transfer from squads go through the sergeant, and if the sergeant disapproves the request, the transfer is not approved by the officer with final authority.

In formal disciplinary proceedings the sergeant initiate the process usually by investigating the incident and recommending appropriate action. Informal disciplinary actions are entered in the sergeant's notebook and referred to by the sergeant when the time for merit increases or merit raises arises. The sergeant is the first step in the grievance procedure established by the collective bargaining contract (Exhibit 4). Most of these grievances are settled in Step one.

Sergeants attend staff meetings biweekly with the Chief of Police, majors, and captains. At these staff meetings sergeants have input to policy having application throughout the department.

One sergeant was assigned to the employer's bargaining team in the negotiations leading to the present contract. The Chief of Police expects to assign at least one sergeant to future negotiating teams.

Sergeants drive unmarked patrol cars. Patrolmen use marked cars.

In the Detective Bureau a sergeant is the senior man on duty for nine hours each day. The detective sergeant assigns follow-up investigations to twelve patrolmen detectives, supervises their activities, and assigns overtime when needed.

The majority of the sergeants in the Clearwater Police Department do not desire to be represented by the Fraternal Order of Police. (Exhibit 9). All those who testified consider themselves to be supervisors owing their primary duty to the city and believe there would be a conflict in their responsibility to the union and to the city if they were represented by the Petitioner.

One sergeant prepares the budget and monitors the expenditures for the Clearwater Police Department. He supervises some 35 civilians.

The Chief of Police, Frank Daniels, has spent 26 years on the police force working his way up through the ranks to his present position. He considers sergeants to be part of his management team, gives them responsibilities, authority to carry out these responsibilities and supports their recommendations. He considers sergeants to be arms of the Chief of Police.

Sergeants testifying were in accord that if they were included in the bargaining unit with patrolmen they would still feel their primary duty was to the city and would carry out their supervisory roles over the patrolmen.

However, the president of the union acknowledged the conflict for the sergeants in the unlikely event the union decided to protest by ordering a slowdown.

All sworn officers of the Clearwater Police Department have the power to make arrests and when the occasion arises, will do so. They are all covered with the same leave benefits, the same insurance benefits, the same retirement benefits, and are all subject to the same rules of the Civil Service Board.

In accordance with Section 447.307(3)(a), no recommendations are submitted.

ENTERED this 8th day of December, 1975 in Tallahassee, Florida.

K. N. AYERS Hearing Officer

Division of Administrative Hearings Room 530 Carlton Building Tallahassee, Florida

Docket for Case No: 75-001554

Orders for Case No: 75-001554