STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ALACHUA COUNTY POLICE BENEVOLENT ) ASSOCIATION, )

)

Petitioner, )

)

vs. ) CASE NO. 75-1685

) PERC FILE 8H-RC-756-2203 ALACHUA COUNTY and ALACHUA COUNTY )

SHERIFF'S DEPARTMENT, )

)

Respondents. )

)

RECOMMENDED ORDER

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 February 19, 1976, in Gainesville, Florida.

The following appearances were entered: Donald D. Slesnick, II, Miami, Florida for the Florida Police Benevolent Association; Jack M. Skelding, Jr., Madigan, Parker, Gatlin, Truett, & Swedmark, Tallahassee, Florida for the Alachua County Sheriff's Department; and Norm La Coe, Gainesville, Florida, for Alachua County.

SUMMARY OF THE CASE

On August 5, 1975, the Alachua County Police Benevolent Association, Inc. ("PBA" hereafter), filed a petition with the Public Employees Relations Commission ("PERC" hereafter). Through the petition the PBA is seeking recognition as the exclusive representative for collective bargaining purposes of a unit of employees in the Sheriff's Department in Alachua County, Florida. The Alachua County Sheriff's Department ("Sheriff" or "Sheriff's Department" hereafter) and Alachua County ("County" hereafter) were both named in the petition as the Public Employer.

After having been twice continued, the final hearing was conducted on February 19, 1976. On February 2, 1976, PERC, acting through its Chairman, denied a motion to consolidate this case with two other cases involving the county. On February 17, 1976, the Sheriff filed a motion to cancel the hearing on the grounds that the Sheriff had voluntarily recognized the PBA, and that the hearing could not be conducted in accordance with the notice previously issued. The undersigned denied the motion by order entered February 18, 1976. In accordance with that order evidence at the final hearing was limited to the issue of the appropriate public employer. Despite the limitation of issues, the parties were able to reach certain stipulations at the hearing, and these stipulations have been included herein as findings of fact in order to economize any future action that might be necessary in this case.

Alachua County called the following witnesses: Howard Weston, the Alachua County Administrator; and William D. Beckerman, the President of the PBA.

Alachua County Exhibits 1 - 10 were offered into evidence and were received. The Sheriff's Department called L. J. Hindery, the Chief Deputy Sheriff.

Sheriff's Exhibits 1 and 2 were offered into evidence and were received. The PBA offered no evidence. Hearing Officer's Exhibits 1 - 5 were received in evidence. The County and the Sheriff have filed Post Hearing Legal Memoranda.

FINDINGS OF FACT

1. The PBA originally filed a petition with PERC requesting recognition as the exclusive representative for collective bargaining purposes of the same, or a similar unit of employees as are involved in this case during the spring of 1975. The Alachua County Sheriff's Department was named as the public employer in that petition. The petition was given PERC No. 8H-RA-756-2024 and was dismissed by PERC. On August 5, 1975, the PBA filed the instant petition.

   (See: Hearing Officer's Exhibit 1). On February 16, 1976, the PBA, through its attorney prepared a PERC withdrawal request, asking that withdrawal of the instant petition be approved by PERC. The request was forwarded to PERC on February 16, and was accompanied by a recognition certification petition reflecting that the Sheriff's Department had recognized the PBA as the exclusive bargaining agent for units of employees substantially similar to those involved in the instant petition. (See: Hearing's Officer's Exhibit 5).

   
   

2. The final hearing was scheduled to be conducted on February 19, 1976. (Hearing Officer's Exhibit 2).

   
   

3. The PBA is an employee organization within the meaning of Florida Statutes 447.002(10). (Stipulation, Transcript Page 18, 19). 1/

   
   

4. The PBA has requested recognition as the bargaining agent for the employees set out in the petition in this case. (Stipulation, TR 19, 20).

   
   

5. There is no contractural bar to holding an election in this case. (Stipulation, TR 20).

   
   

6. PERC has previously determined that the PBA is a duly registered employee organization. (Hearing Officer's Exhibit 3). This finding was made a matter of stipulation at the hearing. (TR 20, 21).

   
   

7. PERC has previously determined that the PBA has filed the requesting showing of interest with its petition. (Hearing Officer's Exhibit 4). This finding was made a matter of stipulation at the hearing. (TR 21, 22).

   
   

8. Alachua County is a political subdivision of the State of Florida which is governed by a Board of County Commissioners. Florida Constitution, Article VIII, Section 1(a), (d). The Board of County Commissioners have the powers and exercise the duties enumerated in Florida Statute Chapter 125, Part I. Alachua County has adopted by ordinance the County Administration Law of 1974 (Florida Statutes Chapter 125.70 et seq.)

   
   

9. The Sheriff of Alachua County is a constitutional officer. Florida Constitution, Article VIII, Section 1(d). Except as modified by special act, the sheriff has the powers and exercises the duties enumerated in Florida Statutes, Chapter 30.

   
   

10. The relationship between the Sheriff and the County is further defined by Laws of Florida, Chapter 71-447 (1971). This act is a reenactment of Laws of Florida, Chapter 65-1192 (1965). This Special Act changes somewhat the

    relationship between the County and the Sheriff as it would exist solely under Florida Statutes, Chapter 30 in regard to fiscal matters. The adoption of the budget under the special Act is the same or substantially similar to the mechanism set out in Chapter 30. In Alachua County, however, appropriations are not given the Sheriff in lump sums. Custody and administration of funds is in the hands of the County. In order to make expenditures beyond $25, the Sheriff must obtain the approval of the Board of County Commissioners. The Sheriff submits requisitions to the County, and these are reduced to purchase orders and presented to the Board of County Commissioners. A copy of such a purchase order was received in evidence as Alachua County Exhibit 10. If the Board of County Commissioners approves the purchase order, then the sheriff can make the expenditure. If the Board does not approve the purchase order, then the Sheriff cannot make the expenditure unless he successfully appeals the decision in accordance with the provisions of the Special Act.

    
    

11. A position classification and pay plan has been adopted by the Board of County Commissioners of Alachua County. The pay plan has the effect of setting the salaries for all persons employed by Alachua County, including employees of the Sheriff's Department. The salaries set out in the pay plan cannot be changed except by action of the Board of County Commissioners. Modifications to the plan could be adopted by the Board at any time, and proposals for changes could be made by the Sheriff. If the Board refused a changed proposed by the Sheriff, then the Sheriff would have the appeal mechanisms set out in Florida Statutes, Chapter 30, and Laws of Florida, Chapter 71-447.

    
    

12. The Sheriff is solely responsible for the hiring, firing, suspension, discipline, and promotion of employees in the Sheriff's Department. The Sheriff is responsible for setting working hours and scheduling vacation time, holidays, and allowing compensatory leave. The Sheriff is totally responsible for the grievance procedure, and manages all training programs and internal investigations.

    
    

13. The Communications Department in Alachua County is headed by the Sheriff. Not all of the functions of the Communications Department are directly related to law enforcement. The Communications Department handles communications functions relating to ambulance service and the County fire control program. Approximately 87 percent of the work of the Communications Department is law enforcement related. The Sheriff exercises the same control over employees of the Communications Department as he exercises over employees of the Sheriff's Department. The budgetary mechanism for the Communications Department is likewise the same as the budgetary mechanism for the Sheriff's Department.

    
    

14. The PBA, Alachua County, and the Sheriff have engaged in the collective bargaining process since 1973. Collective bargaining agreements were reached among the parties for the 1973-74 and 1974-75 fiscal years. These agreements were received in evidence at the hearing as Alachua County Exhibits 1 and 2. Each of the agreements is signed by representatives of the County and the Sheriff. The County and the Sheriff participated in the negotiations as co- employers. The Sheriff signed the agreements exclusively as to some of the provisions, together with the County as to other provisions, and the County signed exclusively as to other provisions. The breakdown is set out on the signature pages of each agreement. (See: Alachua County Exhibit 1, p. 8; Alachua County Exhibit 2, p. 10). Generally the provisions signed by the Sheriff relate to working conditions other than those directly requiring the

    expenditure of money. The provisions signed by the County involve the expenditure of funds.

    
    

15. Negotiations were initiated among the parties to reach a similar agreement for the 1975-76 fiscal year. In the early stage of these negotiations the Sheriff indicated that he considered himself the sole employer, but that he would negotiate as previously so as not to unduly delay the negotiations. No contract has been signed by all three parties. The PBA and the Sheriff have entered into two agreements. These agreements were received in evidence at the hearing as Sheriff's Exhibits 1 and 2. The agreements were apparently signed a few days prior to the hearing. The agreements cover both fiscal and non-fiscal considerations.

ENTERED this 23rd day of April, 1976 in Tallahassee, Florida.

G. STEVEN PFEIFFER, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

ENDNOTE

1/ References to pages in the official transcript will hereafter be designated "TR" followed by the page number.

COPIES FURNISHED:

Donald D. Slesnick, II, Esquire 2540 Northwest 29th Avenue Miami, Florida 33142

Jack M. Skelding, Jr., Esquire Post Office Box 669 Tallahassee, Florida 32302

Norm La Coe, Esquire Room 402, Courthouse

Gainesville, Florida 32601

Curtis L. Mack, Chairman

Public Employees Relations Commission 2003 Apalachee Parkway - Suite 300

Tallahassee, Florida 32301

Docket for Case No: 75-001685

Orders for Case No: 75-001685