IMPASSE bill against Florida's deputies???!!!!

The sheriffs in Pasco County, Clay County and Sarasota County have REFUSED to sign union contracts with their deputies. We, the deputies in Sarasota County, have been unable to get our current sheriff (Tom Knight) (http://sarasotasheriff.org/) to sign a contract. Knight is now reportedly trying to spearhead a bill that will give Florida sheriffs' the ability to quash deputies unions in Florida. This proposed bill is unconstitutional and is a danger to all Deputy Sheriffs in Florida.

Here is the information that we received from FOP President Jim Preston:


Brothers and Sisters,

The Florida State Lodge, Fraternal Order of Police stood alone today in the Florida Senate Community Affairs sub-committee. President Preston, our legislative director Lisa Henning and our attorney Tad Delegal presented our opposition to Senate Bill 610 correctly pointing out the problems with this divisive bill. We had 20 FOP members in the audience who all voiced their opposition to this bill. Those voices fell on deaf ears and it was clear the Senators on this committee had made up their mind before the hearing. Only Senator Tony Hill had the courage to oppose this bill and we thank him for his effort.

Senator Mike Fasano's bill would recognize county Sheriffs as a "legislative body" for the purpose of collective bargaining. What this means is that the Sheriff as the Chief Executive Officer of the agency would bargain with the FOP or collective bargaining representative on a contract. The Sheriff could simply decide, as they have in Pasco and Clay Counties that they can declare an impasse and then rule on that very impasse, which again they have done in Pasco and Clay Counties and then impose their own version of the contract as in Pas! co County .

This is fundamentally unfair. The present system of checks and balances guaranteed by our system of government provides that an impasse be ruled upon by the "Legislative Body" of the county which would be the County Commission . How can the Sheriff objectively rule on his own impasse? Even criminals have their cases heard before a judge independent of the prosecution and defense.

The Sheriffs and their representatives stood before the Senate Committee in favor of this bill and spoke about controlling their budgets as they artfully evaded the issue of collective bargaining. Sheriff Beseler of Clay County told the committee that this bill would not impede the collective bargaining process and that he has bargained in good faith with the FOP even though we have been at impasse for 3 years, even though we have filed unfair labor practices against him, even though the Public Employee Relations Commission has ruled that he is not a "legislative body" and even though he has arbitrarily transferred the FOP leaders in the Clay County Sheriff's Office to less desirable positions to punish them.

Senator Fasano spoke on behalf of his bill and reminded the Senate Committee that only the FOP opposed this bill while the PBA sat silently in the last row. If this bill were to pass the House and Senate, collective bargaining for Deputy Sheriffs is dead. We go back in time to the 1950's style of dictatorial rule by one man (or woman) who control all of the power and run a sheriff's office as their own personal fiefdom.

Make no mistake; the FOP will continue to oppose this bill without compromise. This is bad legislation that strips away the hard fought for rights of deputy sheriffs that the Florida Supreme Court affirmed, recognizing Deputy Sheriffs as public employees guaranteed the right to collective bargaining. This bill will impact every deputy in the state of Florida and must be defeated. The issue goes way beyond Pasco and Clay Counties as Sheriffs or their representatives from Hillsborough, Pinellas, Charlotte , Highlands, Gadsden , Lake and Wakulla Co! unties were present and voiced their support for the bill. This issue is gathering support through the Florida Sheriff's Association and will spread across our state to every county when sheriffs realize they no longer have to bargain in good faith with their employees but rather declare an impasse and rule on that very impasse making the collective bargaining process null and void for Deputy Sheriffs.

Let your legislators know that the FOP and the hard working, dedicated law enforcement officers we represent stand together against Senate Bill 610.

Those Senators voting against Deputy Sheriffs were:

Senator Thad Altman

Senator Mike Bennett

Senator Rudy Garcia

Senator Andy Gardiner

Senator Gary Siplin

Senator Rhonda Storms

Senator John Thrasher

Senator Stephen Wise

This was the first committee meeting of many to come for this bill as it works it's way through the House and Senate. Today was a set back but not the end of the process.

James W. Preston,

President

It's posted at the leoaffairs Sarasota Sheriff's Office website about 10 posts down from here (http://forums.leoaffairs.com/viewtopic.php?f=84&t=95809&p=641011#p641011).

Florida Deputy Sheriffs WILL come into the 21st Century and WILL get all of the same privileges as municipal officers. We need to notify deputies statewide about these attacks on their union rights.

Spread the word to all Florida deputies in all Florida counties. We MUST get the same rights and privileges as our municipal brothers and sisters. Let your congressmen and senators know how important this is to you. If you don't fight for your rights, then who will? :?

Stand up, stand proud -- and do it TODAY!!!

Click here (http://www.floridastatefop.org/pdf_files/calltoaction.pdf) for more information.

A union can get things put into writing in a "contract." Once you get a legally binding contract, then those benefits can't arbitrarily taken away from you. If you don't have a contract, then your benefits can arbitrarily be taken away from you.

Putting contractual benefits into writing can include:
- pay and benefits i.e. step plan, colas...
- disciplinary procedures (no railroading employees)...
- sick time procedures, vacation accruals...
- etc.

If it's not in writing, then the sheriff or chief doesn't have to abide by it.

It can take "several years" for an organized union to get what you need in a contract. It will NOT happen in one or two years. It happens year by year, bit by bit. Each time you negotiate a new contract, you get one or two (or more) new contractual benefits added to it. Remember, once you get it in writing, then they can't take it away and you can "move on" to the next important thing that needs to get put into writing. After about 5 to 7 years, it begins to have a cumulative (positive) effect on the employees. However, some employees don't understand that it will take TIME, patience and diligence to contractually accrue these benefits.

No Union = No Legally Binding Contract

Union = Legally Binding Contract

What is wrong with giving Florida sheriffs the ability to legislate laws?
Is this a trick question? :lol:

Here are some legislative bodies that legislate laws:
- city counsels
- county commissions
- congress
- senate

Whose brainchild is it to try and pass a law making sheriffs a legislative body? From a constitutional perspective, that will float like a lead balloon. :roll:

I know that Senator Mike Fasano (http://www.flsenate.gov/Legislators/index.cfm?Members=View+Page&District_Num_Link=011&Submenu=1&Tab=legislators&chamber=Senate&CFID=185354497&CFTOKEN=41187757) actually proposed Senate Bill 610 (http://www.flsenate.gov/Session/index.cfm?Mode=Bills&SubMenu=1&BI_Mode=ViewBillInfo&Year=2010&BillNum=0610), but I'd like to know who is really behind this unconstitutional bill. The proposed unconstitutional passage of this kind of a bill would be the first of its kind in United States history, to the best of my knowledge. In fact, it brings us closer to a monarchy, instead of a constitutional form of representative governance. :roll:

I hope that the appropriate legislative bodies, judicial watchdogs, representatives and local leaders are aware of this unconstitutional proposal by Senator Mike Fasano. Has Fasano crawled into bed with the devil? :?

Whose brainchild is it to try and pass a law making sheriffs a legislative body? From a constitutional perspective, that will float like a lead balloon. :roll:

I know that Senator Mike Fasano (http://www.flsenate.gov/Legislators/index.cfm?Members=View+Page&District_Num_Link=011&Submenu=1&Tab=legislators&chamber=Senate&CFID=185354497&CFTOKEN=41187757) actually proposed Senate Bill 610 (http://www.flsenate.gov/Session/index.cfm?Mode=Bills&SubMenu=1&BI_Mode=ViewBillInfo&Year=2010&BillNum=0610), but I'd like to know who is really behind this unconstitutional bill. The proposed unconstitutional passage of this kind of a bill would be the first of its kind in United States history, to the best of my knowledge. In fact, it brings us closer to a monarchy, instead of a constitutional form of representative governance. :roll:

I hope that the appropriate legislative bodies, judicial watchdogs, representatives and local leaders are aware of this unconstitutional proposal by Senator Mike Fasano. Has Fasano crawled into bed with the devil? :?

Recently I sent an email to Mike Fasano ref. to this bill. His response was not only unreceptive but a little sarcastic, and insulting. I urge you to email this gentleman and make him understand Im not the only deputy that is against this bill.

Here his email: FASANO.MIKE.WEB@FLSENATE.GOV

http://www.flsenate.gov/images/photos/senate/members/plain/s011.jpg

Some time ago, the FOP filed a civil action in Pasco and Clay against the Sheriff AND the County Commission, arguing that the County Commission should be the legislative body. There has been debate on this issue ever since the Supreme Court ruled that deputies are no longer “at will” employees.

Read for yourself:

http://perc.myflorida.com/co/allorderresults.aspx?CaseID=25021
http://perc.myflorida.com/co/allorderresults.aspx?CaseID=25002

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?