Senator Fasano vs fair labor contracts

[gkling]

The next stop for Senate Bill 610 is the Senate Committee on Governmental Oversight and Accountability. The message that the Deputies in this state do not appreciate the members of Legislators voting their hard earned and constitutional right to collectively bargain, in good faith on a fair playing field away, is not appreciated.

Below is a list of the members that will be voting on this bill February 16th, 2010 at 4pm.

PERC has continually agreed with the FOP on this matter, The Florida Sheriffs Association, is pushing this bill through to circumvent current law and rulings from PERC. You can find the recent PERC decisions by clicking on this link, http://supportyourdeputies.com/union%20documents.php

Some have made reference to this Bill as the “Union Busting Act of 2010”, even though it would be hard to believe a legislator would knowingly take such measures on behalf of some Sheriffs, who have been charged with ULP’s.

Though the argument was that the County Commission should not have the authority to tell a Sheriff how to spend his budget, this bill will not do anything to the budgetary issue, it is specifically drafted to 447.403 which has nothing to do with budget, and deals with issues of impasse only.

This bill will allow a Sheriff to negotiate, declare and rule on his own contract impasse.


The Florida Constitution states “The right of persons to work shall not be denied or abridged on the account of membership or non-membership in any labor union or organization. The right of employees, by and through a labor organization, to bargain collectively shall not be denied or abridged.” This bill will definitely abridge
the rights of a public employee to collectively bargain, it will make this constitutional right meaningless.

In case number CA-2008-026 PERC , in reference to the Sheriff as a legislative body ruled “if we were to conclude otherwise the sheriff's employees would be left with no mechanism for resolving the impasse and their constitutional right to collectively bargain would be rendered meaningless. Article 1 section 6, Florida Constitution;
S. S. 447. 201, 447. 301, and 447.403, Florida statute."


If you email the legislators, please email Lisa Henning of the FOP a copy of your correspondence to foplegislative@aol.com. If a legislator has any questions please refer them to Lisa Henning at 850-766-8808.



Please call, email or fax these legislators, to ask them to vote no on Senate Bill 610. A couple sample e-mails are located at the bottom of this posting. You can draft your own or cut and paste all or some of the samples. Thank you for your support against such a damaging bill for law enforcement.



Senator Jeremy Ring
Phone: (954) 917-1392
Fax: (954) 917-1394
ring.jeremy.web@flsenate.gov


Senator Gary Siplin
Phone: (407) 297-2071
Fax: (407) 522-2153
siplin.gary.web@flsenate.gov


Senator Victor Crist
Phone: (813) 975-6658
Fax: (888) 263-3681
crist.victor.web@flsenate.gov

Senator Charlie Dean
Phone: (352) 860-5175
dean.charles.web@flsenate.gov

Senator Dennis Jones
Phone: (727) 549-6411
Fax: (727) 549-6413
jones.dennis.web@flsenate.gov

Senator Al Lawson
Phone: (727) 549-6411
Fax: (727) 549-6413
lawson.alfred.web@flsenate.gov

Senator Eleanor Sobel
Phone: (954) 924-3693
Fax: (954) 924-3695
sobel.eleanor.web@flsenate.gov



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(Sample Letter 1)



[Your Name]
[Street Address]
[City, State Zip Code]
[Date in the format of MM/DD/YY]

Dear :

I am writing to ask you not to support Senate Bill 610. This bill will soon come to a vote in the state senate.

Senate Bill 610 is an extremely unfair bill to deputy sheriffs in the state of Florida, due to the fact that
this would give complete autonomous power to each of the county sheriffs in Florida. The Florida Sheriff's
Association has been looking for ways to return the powers that were stripped from them by the Florida Supreme
Court several years ago. They have stalled on actually allowing their deputies to have a negotiated contract
by declaring impasses and then declaring themselves a "legislative body". It is important that you, the
officers and our legislators understand that there are no checks and balance when a constitutional officer
is allowed to negotiate, declare an impasse, and then rule on his own impasse. There are several counties
in the state of Florida, where the commission members are unable to have any impact upon a Sheriff in their
community. We, the Fraternal Order of Police are not happy that our legislators are being placed in such a
controversial position during an election year but we cannot stand idly by as the Sheriff's Association tries
to erode the limited rights that deputies have.

These same sheriffs who will try and say that the officers are protected by the Bill of Rights and in the same
breath say that they are exempted from statute 112 the Bill of Rights. If the Sheriff is declared a legislative
body they will not only be able to negotiate, declare impasse, and rule on their own impasse, but are also making
themselves completely autonomous from following even the most basic of guidelines in the treatment of their
officers. We are not the ones requesting that our government make a change, it is the sheriffs and people should
be asking themselves why they need complete autonomous powers that a police chief does not have. Our system of
government has always prided itself on its and checks and balances, by declaring themselves a legislative body these
Sheriffs are looking to find a way to return themselves to the position of doing as they please, when they please,
and how they please. Thank you for your support.

Sincerely,

Your Name



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(Sample letter 2)





Date

Re: Please protect the protectors. Reject SB 610 and HB 0417.

Honorable Senator:

Many law enforcement officers throughout the state are saddened to see such a negative Bill being introduced
for consideration and review. This Bill’s sole purpose is aimed at circumventing a current Florida Supreme Court
decisione and going against the recommendation of PERC, a governing body purposely empowered by Florida
Lawmakers to oversee such matters.

This Bill, if allowed to progress, will give ultimate power to one and only one individual. This Bill will
essentially allow ONE, the power person, to decide over their own decision without any regard for the facts.
This Bill will essentially allow a Sheriff to rule over his/her own decisions in issues solely related to
collective bargaining.

In the House and Senate, there are many who have a say before a law is either accepted or not. If lawmakers
gave such power to the Governor of the State, as this Bill will give to single Sheriffs, any negotiations
would be for naught. The Governor would be able to hear your concerns, yet still go forward with his own
agenda. Simply put, the Governor would be able to be the decision maker on his own decisions.

Here in Pasco and Clay Counties, the respective Sheriffs want that power to rule over their own decisions
when there is a disagreement in labor contractual matters. For over three years, PERC has sided with the
Fraternal Order of Police, yet this law is aimed solely at circumventing current Florida Statutes and the
decisions already made by PERC.

The Fraternal Order of Police are in an impasse over placing “just cause” into a contract, giving members
a fair disciplinary process. The Sheriff wants to be able to give out discipline without practicing “just
cause”. All supervisors are on permanent probation, as the Sheriff can demote any supervisor one rank every
6 months for NO CAUSE at all. Clearly this is not a fair practice and the ability to have a say in your career
should be afforded to every member.

I have in the past likened the process to a deputy writing a traffic ticket to a citizen who says he will
contest this matter before the courts. On the day of court, he shows up to contest his ticket and who does
he see presiding on the bench?…. The deputy who wrote the ticket.

In closing, the FOP has stood fast in requesting the County Commissioners (current law) continue to have
the authority to hear any impasse issues which are in dispute between the labor units and the Sheriff. Current
law supports this, as does PERC. I pray for you and your decision which will affect all of the citizens of
this State and those whose chosen profession is to protect them.

Respectfully,

Thank You Lt. Kling, at least someone is telling us the truth.

Hey Kling, look at your paycheck and see who signs it. What has the sheriff done to you? The man is honest and has fought hard for his deputies despite the FOP's attempts to discredit and attack him. Seriously, why should the Sheriff have to answer to anyone? He is an elected official that elected by the citizens of his county to be the chief law enforcement officer. Its the Sheriff's Office not Department. He should have the final say. If you do your job, you have no reason to worry about getting demoted. Cmon.

If you do your job, you have no reason to worry about getting demoted. Cmon.

I agree whole heartedly. But you and many others here are so willing to turn a blind eye when other people get screwed over and then cry when it is your turn to be treated unfairly. I've seen it first hand from EVERY ADMINISTRATION. This sheriff is not the messiah you all think he is. He is vindictive and lies on a regular basis. Next time you hear him speak, watch for his tell. Oh wait, you have probably been serving since lunch and don't know how to pick apart a statement from someone who is lying to you. Just keep getting the signal 82s and FIRs and ticket quota and all will be treated like it is well and someone will tell you you are a good cop even though you haven't been able to do real law enforcement for the last 6 years.

This is not NYPD Jim. You carpetbaggers go home. LOL

There is a saying that power corrupts and absolute power corrupts absolutely. It is time to break down this little kingdom of BW and allow some long overdue decisions to be made to breaking the current gridlock we have on our working conditions.

There is a saying that power corrupts and absolute power corrupts absolutely. It is time to break down this little kingdom of BW and allow some long overdue decisions to be made to breaking the current gridlock we have on our working conditions.

Look how the County Commission treats the Pasco firefighters/emts.... Holding down their pay and the very high monthly out of pocket insurance rate. You must compare apples to apples. The Commission will tell the Sheriff what we will get. Remember the Pasco Firefighters Union was for having Sheriff Bob White as their leader.

http://www.tampabay.com/news/briefs/article1022389.ece

There is a small group of ney sayers that continue to hold onto their dreams of running for Sheriff and winning. They are not on your side. Be cautious of people who attempt to put their arms around you in the name of brother/sisterhood. What do they really do for you ? What have they done for anyone at PSO ? They will give you a line of what ifs.... ask questions and think for yourself.

I would like to review this issue. You may not believe but I am not an FOP wanna be. I just keep hearing it back and forth on who is right and who is wrong. I would like to make an educated decision because this definitely is going to affect me and everyone at the PSO, and eveyone throughout the state. Why is it that this have never been an issue in my tenure at the SO but now all of a sudden since there is an impasse and this bill is so important to pass. Lets review the facts. Since the law has been the same for as long as I can remember the sheriff has had the ultimate say on how his budget is being spent. The county does not dictate how he utilizes it to fund the agency. I remember the aviation unit initially being disbanded and there was a lot of back and forth on this issue but it was the decision of the sheriff to disband the unit and I don't remember the BOCC telling the sheriff he couldn't do that. I know the next thing I'm going to hear there was no money initially but the sheriff was able to find money to keep the aviation going. Now remember lets stay focused on the point. It was the sheriff who made the decision not the BOCC. Now remember this is the way the law is now. Let's keep this going. Second when we had the stop teams throughout the county the sheriff implemented the unit and then disbanded under his appointment. He decided the agency needed more deployment of manpower for patrol (Don't quote me on this but I think it was more boots on the ground.) I know I felt by disbanding this unit the criminal element might run a rampage. I don't recall the BOCC telling the sheriff he couldn't do that. Again it was the sheriff's decision on how he felt the manpower should be allotted. I just want to check in to make sure everyone is still focused on the topic. Third topic ROR and the Crime Prevention unit. The sheriff decided to downside the unit and re adjust the manpower were he felt it was needed. Again come on everyone I know you know the answer. Remember the sheriff is the elected official for law enforcement here in Pasco County and has the right to decide where manpower is going to be allotted. I don't recall the BOCC redirecting the sheriff telling him that he can't do that. This is the way the law is now!

Finally were almost there. SB 610. Lets review the bill. I reviewed and obtained this info from the Florida Senate website: http://www.flsenate.gov. This is the language of the bill by Senator Fasano "Collective Bargaining for Certain Public Employees [EPSC]; Specifies that for purposes of resolving an impasse the sheriff, the tax collector, the property appraiser, the supervisor of elections, and the clerk of the circuit court are each deemed the "legislative body" for their respective employees." After reviewing the bill, I did not see any other language other then to define who the legislative body is for impasse issues. It did not mention anything about the BOCC having any say on how the sheriff will spend his budget. This bill is geared on defining the legislative body that can act on impasse issues. There is always going to be the back and forth between the sheriff and the BOCC what it comes around budget time. The BOCC thinks it should be one amount and the sheriff thinks it should be another. I hate to repeat myself but remember this is the way the law is now!!

But lets stay focused. SB 610 does not intrude on this process. I truly want to believe we have some educated people that work for the SO. I know you’re not incompetent because if you were the agency would have a lot more civil lawsuits. Working in the field of law enforcement we are trained to have an understanding of the law and GO's and how to facilitate the law if citizens don't follow. Review the senate bill, be the investigator you signed up for, and make an educated decision. I already have. I know I've had my issues with the FOP but I have to say the FOP is right on this one. This not a bill that I want to see passed. I don't need smoke screens to tell me the world is collapsing and what the price of tea is in China.

Take care and be safe

Here is the exact bill taken from the web site of legislation....
Make up your own mind..


Florida Senate - 2010 SB 610
By Senator Fasano
11-00348-10 2010610__
Page 1 of 2
CODING: Words stricken are deletions; words underlined are additions.
1 A bill to be entitled
2 An act relating to collective bargaining for certain
3 public employees; amending s. 447.203, F.S.;
4 specifying that for purposes of resolving an impasse
5 the sheriff, the tax collector, the property
6 appraiser, the supervisor of elections, and the clerk
7 of the circuit court are each deemed the “legislative
8 body” for their respective employees; providing an
9 effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Subsection (10) of section 447.203, Florida
14 Statutes, is amended to read:
15 447.203 Definitions.—As used in this part:
16 (10) “Legislative body” means the State Legislature, the
17 board of county commissioners, the district school board, the
18 governing body of a municipality, or the governing body of an
19 instrumentality or unit of government having authority to
20 appropriate funds and establish policy governing the terms and
21 conditions of employment and which, as the case may be, is the
22 appropriate legislative body for the bargaining unit. For
23 purposes of s. 447.403, the Board of Governors of the State
24 University System, or the board’s designee, is shall be deemed
25 to be the legislative body with respect to all employees of each
26 constituent state university. For purposes of s. 447.403 the
27 board of trustees of a community college is shall be deemed to
28 be the legislative body with respect to all employees of the
29 community college. For purposes of s. 447.403, the sheriff, tax
Florida Senate - 2010 SB 610
11-00348-10 2010610__
Page 2 of 2
CODING: Words stricken are deletions; words underlined are additions.
30 collector, property appraiser, supervisor of elections, and
31 clerk of the circuit court are each deemed to be the legislative
32 body for their respective employees.
33 Section 2. This act shall take effect July 1, 2010.

The current bill seems to encompass a large percentage of county employees. I'm curious as to why the school employees and firefighters are excluded from this bill. Both the school board and the firefighters have established unions and in the group listed in the proposed bill, only the sheriff's dept has a union. The old saying perception is reality is definitely rearing it's head since the perception is Fasano is in BW's pocket and the bill was proposed only to help BW and his impasse with the union.