02-22-2010, 10:46 PM
Some time ago, the FOP filed a civil action against the Sheriff AND the County Commission, arguing that the County Commission should be the legislative body. Since the Supreme Court ruled that deputies are no longer “at will” employees, there has been some debate on this issue.
Read for yourself:
http://perc.myflorida.com/co/allorderresults.aspx?CaseID=25021
Since the civil action is the union against both the Sheriff AND the County Commission, it is clear that the County Commission is AGAINST being the legislative body!
If the courts decide that the County Commission is the legislative body, then the Sheriff will be bound by FSS 447.309. This will require the CEO (Sheriff) to get direction from the legislative body (BOCC) before negotiations begin and during the process (just like a chief in a police department does today with the City Council). It is important to note that the elected people who give the CEO his/her marching orders (like a city council) are the SAME people who settle the impasse.
“….In conducting negotiations with the bargaining agent, the chief executive officer or his or her representative shall consult with, and attempt to represent the views of, the legislative body of the public employer….”
If the FOP wins, it should remove all doubt that the BOCC is the legislative body and is the “public employer.”
They are also the ones (not the Sheriff) who will have to ratify any agreements. So even if the union and the Sheriff come to an agreement, it will not be settled unless the BOCC ratifies it.
Read it for yourself:
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0447/SEC309.HTM&Title=->2009->Ch0447->Section%20309#0447.309
Some say that this is suit is ONLY to make the BOCC the legislative body for impasse issues. Once the debate is settled on who the legislative body really is, the law is clear. There is no way to pick and choose. It is either the elected Sheriff or the elected BOCC, not a combination of both.
That is the reason for the bill before the legislature, to remove the doubt. Both the Sheriff and the BOCC are for the legislation.
If you are a deputy, then you have a decision to make. Do you want your Sheriff’s Office to remain independent, like it has been for a hundred plus years? OR do you want to be answerable to the BOCC, much like our brothers at your local police department? I am sure they can tell you stories about how different it is answering to a city council.
If you want to become more like a PD (with the additional politics that go along with it), then get behind the union! If you want to remain independent (and leave the job of dealing with the BOCC to the Sheriff), then tell the union you do not support this direction. Either way, the decision is YOURS. Do not someone else (maybe with a personal agenda) decide your fate.
The Sheriff’s job will become much easier if the BOCC becomes the legislative body. If he had a personal agenda, he would support this. The entire blame during negotiations would be shifted to the BOCC. That is why the BOCC is AGAINST this idea. They know that they will no longer be able to fight with or blame the sheriff. Think about it.
Is it smart to force this on a group that doesn’t want it?
Read for yourself:
http://perc.myflorida.com/co/allorderresults.aspx?CaseID=25021
Since the civil action is the union against both the Sheriff AND the County Commission, it is clear that the County Commission is AGAINST being the legislative body!
If the courts decide that the County Commission is the legislative body, then the Sheriff will be bound by FSS 447.309. This will require the CEO (Sheriff) to get direction from the legislative body (BOCC) before negotiations begin and during the process (just like a chief in a police department does today with the City Council). It is important to note that the elected people who give the CEO his/her marching orders (like a city council) are the SAME people who settle the impasse.
“….In conducting negotiations with the bargaining agent, the chief executive officer or his or her representative shall consult with, and attempt to represent the views of, the legislative body of the public employer….”
If the FOP wins, it should remove all doubt that the BOCC is the legislative body and is the “public employer.”
They are also the ones (not the Sheriff) who will have to ratify any agreements. So even if the union and the Sheriff come to an agreement, it will not be settled unless the BOCC ratifies it.
Read it for yourself:
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0447/SEC309.HTM&Title=->2009->Ch0447->Section%20309#0447.309
Some say that this is suit is ONLY to make the BOCC the legislative body for impasse issues. Once the debate is settled on who the legislative body really is, the law is clear. There is no way to pick and choose. It is either the elected Sheriff or the elected BOCC, not a combination of both.
That is the reason for the bill before the legislature, to remove the doubt. Both the Sheriff and the BOCC are for the legislation.
If you are a deputy, then you have a decision to make. Do you want your Sheriff’s Office to remain independent, like it has been for a hundred plus years? OR do you want to be answerable to the BOCC, much like our brothers at your local police department? I am sure they can tell you stories about how different it is answering to a city council.
If you want to become more like a PD (with the additional politics that go along with it), then get behind the union! If you want to remain independent (and leave the job of dealing with the BOCC to the Sheriff), then tell the union you do not support this direction. Either way, the decision is YOURS. Do not someone else (maybe with a personal agenda) decide your fate.
The Sheriff’s job will become much easier if the BOCC becomes the legislative body. If he had a personal agenda, he would support this. The entire blame during negotiations would be shifted to the BOCC. That is why the BOCC is AGAINST this idea. They know that they will no longer be able to fight with or blame the sheriff. Think about it.
Is it smart to force this on a group that doesn’t want it?