SPEAK UP OR LOSE YOUR RIGHTS!!

TODAY IN THE FLORIDA LEGISLATURE

Today at 9:00am the FOP was present at the Florida House of Representatives Governmental Affairs Committee chaired by Representative Robert Schenck to offer our position in opposition to HB 417/SB 610, the Sheriff as a "legislative body" impasse bill.

Our members oppose this bill for the simple reason it is fundementally unfair as we demonstrated in Pasco and Clay counties when these sheriffs designated themselves as a "legislative body", ruled on their own impasse and imposed an unfair contract on their deputies. , This bill proposed in the House by Representative Hayes would formally declare Sheriffs to be a "legislative body" for the purpose of resolving an impasse during collective bargaining.

Why is this important? , We have written to you before about this bill. , The members of the FOP most affected are Deputy Sheriffs and they are strongly united against this unfair bill. , During the collective bargaining process both sides sit down (the Sheriff *or* his management team and the FOP). , We negotiate a contract article by article and if an agreement is reached the contract is voted on by the members to be ratified. , On rare occasions we are unable to agree on some articles and an impasse may be declared.

There is existing law that spells out how to resolve an impasse. , The two sides write to the Florida Public Employee Relations Commission (PERC) who then appoints a Special Magistrate to hear from both sides and issues a recommended resolution. , This recommendation can be accepted *or* should either party not agree the issue is then to be heard by the "legislative body" which is the Board of County Commissions of the particular county. , This process has been in place and working for years, since 1993 when deputies were guaranteed the right to collective bargaining by the Florida Supreme Court.

Three years ago the Sheriff of Pasco County and the Sheriff of Clay County declared themselves to be the "legislative body" when they did not agree with the Special Magistrate. , They ruled on the impasse in their own favor and imposed a contract on their deputies. , (Which they immediately violated by the way). , The FOP felt this was an unfair labor practice and filed a complaint with PERC. , After a complete review, PERC ruled the Sheriffs had violated the law and were in fact not a "legislative body". , This case has been appealed to the 1st District Court of Appeals by the Sheriffs and is under review while be wait for a ruling.

In an attempt to avoid the ruling of the District Court, the Florida Sheriffs have sponsored this bill, HB 417, to declare each Sheriff a "legislative body", afraid of the possible ruling of the court. , The Sheriffs would deny their deputies due process in collective bargaining.

Our objection is simple. , The Sheriff can not declare and impasse and then be the same entity that rules on that impasse and then impose their own version of a contract. , It is fundementally unfair and would completely take away the right to collective bargaining for deputies in a fair and impartial manner.

We have asked you to send emails and contact legislators on this issue and you have responded. , They felt the heat and tried to offer amendments to this bill. , Representative Schenck, the Committee Chairman seemed to understand but was swayed to vote for the bill after Representative Kreigel amended the bill so that fiscal issues are heard by the Board of County Commissioners but disciplinary issues would go the the sheriff. , The FOP did not support this *or* any amendment. , The Sheriff should not be the "legislative body" period. ,

We listened to the Sheriff''s Association ,who supported the bill but who then ,rejected the bill with the ,amendment from Represenative Kreigel. , But the PBA, who until today was neutral on the bill incredibly stood up and supported this unfair bill as amended. , We offered our testimony against this bill and it''s affect on the rights of deputies to engage in meanful collective bargaining. , The Representative members of the Governmental Affairs Committee debated the bill. , They approved the Kreigel amendment and then after each said the bill was not good and needed much improvement voted in favor of passing the bill out of committee. , Only one member voted against the bill and we thank Representative Oscar Braynon. , Those voting in favor were: Representatives Schenck, Janet Cruz, Jim Frishe, Doug Holder, Paige Kreigel, Rick Kriseman, ,Debbie Mayfield, Charles McBurney, Scott Randolph and Kelly Ski! dmore.

This is ,not the end of the fight, only a small battle. , There are ,3 more committee stops for this bill before it can be considered by the House. , The FOP will continue to work against this bill. , We will ask you to send more emails and make calls to the next committee in order to get our point across. , If you are a deputy sheriff this bill gives ultimate power to the already powerful sheriff with no check *or* balance in the collective bargaining process. , The Clay County sheriff and the Monroe County sheriff have already told the FOP there will be no collective bargaining for deputies within three years. , Don''t let this prediction come true.

Contact State Representative Dorothy Hukill at 850-488-6653 *or* email at dorothy.hukill@myfloridahouse.gov and let her know you position. , Read the reasons and logic above and stay informed. , Ask her not to hear this bill *or* waive it out of committee. , We do not want it to reach the floor. , Representative Hukill is the Chair of the Military Affairs and Local Affairs Committee. , Also State Representative Bill Galvano at 850-488-4086 *or* email bill.galvano@myfloridahouse.gov. ,

The FOP is fighting for you!

But the PBA, who until today was neutral on the bill incredibly stood up and supported this unfair bill as amended

NICE!! Where are the PBA supporters with an explaination on why I should vote for the PBA when they support legislation that gives all the power to the Sheriff with no recourse??

But the PBA, who until today was neutral on the bill incredibly stood up and supported this unfair bill as amended

You are all fools if you think voting PBA is the right choice. They are selling us down the road and are in bed with Car1.

But the PBA, who until today was neutral on the bill incredibly stood up and supported this unfair bill as amended

You are all fools if you think voting PBA is the right choice. They are selling us down the road and are in bed with Car1.

The PBA shows a lot more promise than the FOP. FOP is being run by a bunch of retired clowns who haven't said or done anything to help deputies while all this BS is going on within our agency. Tell me what good our FOP has done recently!!!

the FOP is ****ing useless!!!!!!

Are you kidding? What promise do you have when the PBA remained silent, then supoported the bill that was introduced by Sheriff's Coats and Rice with the sole purpose of declaring themselves "a legislative body" so they and they alone have the final say on anything they impose including contracts and dicipline. Any union that wold consider supporting that legislation is no friend of a Deputy Sheriff!!

What is your position on the PBA supporting legislation that is against us?

Okay folks, the Florida Senate will vote on SB 610- Impasse Bill tomorrow morning. , We have consistently opposed this bill that gives the County Sheriff the ability as a "legislative body" to create and then rule on an impasse during collective bargaining. , We all know this bill will kill collective bargaining for Deputy Sheriffs in Florida . , The Sheriffs have even told us so. And we believe them.

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Senator Al Lawson has agreed to offer an amendment to SB 610 on the floor. , An amendment approved by the FOP. , Senator Lawson spoke with us today to say he has at least 14 other Senators willing to support this amendment. ,

Here is Senator Lawson's amendment:

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d) Thereafter, the legislative body shall take such action as it deems to
be in the public interest, including the interest of the public employees
involved, to resolve all disputed fiscal budgetary impasse issues, however
the chief executive officer shall provide that all collective bargaining
unit employees are guaranteed just *or* proper cause with regard to any
disciplinary action including but not limited to suspension, demotion *or*
termination. , Non fiscal issues at impasse shall be resolved by an
independent arbitrator. , Any actions taken by the arbitrator shall bind the
parties in accordance with paragraph (4)(c).

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While we would prefer the bill not pass at all, at least this amendment would take the sting out of the consequences, provide "just cause" and binding arbitration on impasse issues. ,

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Now, I need you one more time to contact your Senator, any Senator, all Senators and ask them to support the amendment offered by Senator Lawson. ,We only need a few more votes to turn this bill around and they are listening to all of the calls and emails. , If you are a Deputy Sheriff, this is your time to speak out to prevent this bill from taking away your right to engage in a fair negotiation process. , That is after all, all we are asking for. ,

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Time is short, take just a few moments to write today *or* this evening. , IT IS THAT IMPORTANT!

Sample email, cut and paste:

Dear Senator,

I am writing to enlist your support for Senator Al Lawson''s amendment to Senate Bill 610. , This amendment will guarantee fundemental fairness to all Deputy Sheriffs in Florida that engage in the collective bargaining ,process. , Please consider this amendment as a positive compromise to the unfair language in the current SB 610. , This amendment satisfies the concerns of the employees ,and is a fair alternative. , Thank you for your positive vote for Senator Lawson''s amendment.

d) Thereafter, the legislative body shall take such action as it deems to
be in the public interest, including the interest of the public employees
involved, to resolve all disputed fiscal budgetary impasse issues, however
the chief executive officer shall provide that all collective bargaining
unit employees are guaranteed just *or* proper cause with regard to any
disciplinary action including but not limited to suspension, demotion *or*
termination. , Non fiscal issues at impasse shall be resolved by an
independent arbitrator. , Any actions taken by the arbitrator shall bind the
parties in accordance with paragraph (4)(c).

[Tom]

Please read this and call your representative immediately. The Legislature will adjourn on
April 30 so there is no time for a letter, call immediately. A basic message that you can put in your
own words is included along with important details.

Here is a legislative updates regarding SB 610 and HB 417 which will gut
collective bargaining and other negotiations for sheriffs' deputies and other county public
employees throughout Florida. During the past several weeks the International Union of Police Associations and its Florida locals
have been opposing this legislation,with the support of the Florida AFL-CIO, the Florida
Alliance for Retired Americans and numerous AFL-CIO affiliates.


Unfortunately, despite concerted efforts, SB 610 passed the full Senate. As you will recall, SB 610
would allow those officials named to act as both arbitrator and negotiator and settle any impasse proceedings in
their favor. The bill passed by more than a two to one margin indicating the Republican dominance in the
Senate. The focus now is on HB 417. If it can be defeated, SB 610 will die with adjournment.

A comparable bill, HB 417 is moving through several House committees with similar strength. It passed the
Governmental Affairs Policy Committee with a vote of 10 in favor and only one member opposing it.

HB 417 has gone to the Appropriations Council on Education & Economic Development. If it is approved
there it will go on to the Economic Development & Community Affairs Policy Council before it goes to the
floor of the House.

Given the strength behind this bill, coupled with the fact that as a Republican sponsored bill and a
House with a two thirds Republican majority, it will be an uphill battle to defeat it. Your immediate
phone calls are critical. If it dies in committee your calls will still be important as this may come back next year.

To find your Representative and their phone number go to http://www.myfloridahouse.gov/

International Union of Police Associations - AFL-CIO chartered union uniquely for law enforcement and support personnel.

http://www.iupa.org

The sheriffs are legislative bodies because they are elected by the citizens/taxpayers to administer their tax money in the most efficient way to provide services. This creates an adversarial relationship with the unions who's main function is to try to extract as much pay and benefits from the sheriffs in order to justify their existence, rather then let the free market determine employee compensation, as in many other professions. Unions (UAW for example) add another bureaucratic layer of cost to the taxpayers and employers making the cost of services more expensive. LEO agencies exist to provide a service, not to extort as much money and benefits as possible from the already heavily taxed communities.