STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

BROWARD COUNTY POLICE )

BENEVOLENT ASSOCIATION, )

)

Petitioner, )

)

vs. ) CASE NO. 76-1016

) PERC NO. 8H-RC-756-2226 SHERIFF OF BROWARD COUNTY and )

BROWARD COUNTY, )

)

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 July 23, 1976 at Fort Lauderdale, Florida.

APPEARANCES

For Petitioner: Thomas F. Panza, Esquire and

Melanie Jacobson, Esquire 3045 North Federal Highway Post Office Box 11307

Fort Lauderdale, Florida

For Public Jack M. Skelding, Jr., Esquire Employer, Sheriff Post Office Box 669

of Broward County: Tallahassee, Florida 32302

and

Walter O. Lambeth, Jr., Esquire 771 Spring Street

Atlanta, Georgia 39308

For Public Alan W. Ludwig, Jr., Esquire

Employer, Assistant County Attorney Broward County: Broward County Courthouse

Fort Lauderdale, Florida SUMMARY OF PROCEEDINGS

By this petition the Broward County Police Benevolent Association (PBA) seeks a certificate of representation as exclusive bargaining agent for all deputy sheriffs and deputies of the rank of sergeant who are sworn officers of the Broward County Sheriff's Department. All other employees of the Sheriff's Department would be excluded.

At the beginning of the hearing the official documents including the Petition, Affidavit of Compliance for Registration of Employee Organization and Affidavit of Compliance for the Required Showing of Interest were admitted into

evidence as Exhibits 1, 2, and 3 respectively. The Sheriff's objection to Exhibit 3 on the ground that the Affidavit was not in compliance with Section

447.07 F.S. was overruled. The parties stipulated that Petitioner is an employee organization but the Sheriff would not stipulate that he is a public employer.

Broward County protested its inclusion as a party to the proceedings on the ground that it did not receive a copy of the petition or a copy of the notice of hearing. The further argument was submitted that Broward County is a charter government county and that pursuant to the charter the Sheriff is not part of the charter government and not under the control of the county commissioners.

With respect to the Public Employer the Sheriff takes the position that he is not a Public Employer and that his deputies are not public employees, but are public officers. His Motion to Dismiss the Petition was denied.

Thereafter the parties stipulated that if the Supreme Court, in a similar case now before it, holds the sheriff to be a public employer and deputy sheriffs to be public employees, then the Sheriff is the sole public employer of the deputy sheriffs of Broward County's Sheriff's Department.

The correct title of the sheriff is Edward Stack, Sheriff of Broward County.

Two agreements between the Sheriff and the Board of County Commissioners of Broward County were admitted into evidence as Exhibits 4 and 5.

The parties then stipulated that an appropriate bargaining unit would include all sworn deputy sheriffs of the rank of sergeant and below assigned to the police operations division of the sheriff's department and to the police academy. All other personnel would be excluded.

One witness was called by the Sheriff and 6 additional exhibits were admitted into evidence. Description of the various divisions of the Sheriff's Department, as shown on the organization chart (Exhibit 6) was presented with a copy of the oath given to law enforcement personnel (Exhibit 7), the Broward County Sheriff's Department manual (Exhibit 8), the pay plan (Exhibit 9), and a recapitulation of all transfers within the law enforcement area that have occurred during the past two years (Exhibit 10). A copy of the Charter of Broward County was admitted as Exhibit 11.

No additional evidence was presented by the Petitioner.

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

DONE and ENTERED this 3rd day of August, 1976, in Tallahassee, Florida.

K. N. AYERS, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Thomas F. Panza, Esquire 3045 North Federal Highway Post Office Box 11307

Fort Lauderdale, Florida

Jack M. Skelding, Jr., Esquire Forum Building

Post Office Box 669 Tallahassee, Florida 32302

Walter O. Lambeth, Jr., Esquire 771 Spring Street

Atlanta, Georgia 30308

Alan W. Ludwig, Jr., Esquire Assistant County Attorney Broward County Courthouse Ft. Lauderdale, Florida

Docket for Case No: 76-001016

Orders for Case No: 76-001016