Appeals Process for Law Enforcement Employees

Appeals Process

• The appeals process applies to employees defined as deputy sheriff, deputy sheriff sergeant, deputy sheriff lieutenant, detention deputy, detention sergeant, detention lieutenant, and any other employee covered by a bargaining unit agreement, excluding Department of Fire Rescue and Emergency Services employees.
• All other employees are deemed managerial, exempt, or confidential and excluded from appeal rights.

Administrative Appeal Board (AAB)

• Bargaining unit members receiving disciplinary suspension of five days or less are entitled to review by the AAB, unless waived.
• AAB reviews are conducted in compliance with applicable bargaining unit agreements.
• AAB hearings are not required to be recorded.
• AAB hearings are not open to the public unless required by law.
• Records of all hearings are maintained and secured in Internal Affairs according to Florida Statutes.

Arbitration

• Disciplinary suspension of six days or greater, or disciplinary recommendation of demotion or termination, is entitled to appeal by arbitration.
• Arbitration is conducted pursuant to BSO policy and collective bargaining union agreements.

Employees' Rights

• Employees accused of criminal wrongdoing will be afforded all legal rights and privileges guaranteed by law.
• Employees will be encouraged to exercise their legal rights, including choice of representation.
• There are four options for employees during an investigation:
  • Provide a voluntary statement with written invitation to bring closure to the investigation.
  • Provide a compelled statement, only to be used after consultation with the command and Internal Affairs.
  • Provide a proffer to offer information or evidence relevant to the investigation.
  • No statement taken from the employee prior to closing the case.

Compelled Statements

• Employees may be compelled to answer questions during an inquiry relating to their official duties or fitness for employment.
• Employees may be compelled to provide a statement upon reasonable notice and after being informed of the allegations involved.
• Collective bargaining members are entitled to representation of their choice during the investigative process.
• Deputy Sheriffs, detention deputies, and firefighters are entitled to statutory protection per applicable section of Florida Statutes Chapter 112.

Notice of Pending Investigations

• Employees will be notified in writing of any pending investigation, unless notification would compromise the investigative process.
• Notification should contain a brief factual statement outlining the investigation's subject matter and include a statement of the employee's rights and responsibilities.
• If the complaint is considered a Category I infraction, command will seek the approval of the Captain of Internal Affairs regarding an "Admit It and Move On" option.

Employee Harassment

• Internal Affairs will assist employees who believe they are falsely accused or threatened by a supervisor or other employee.
• Employees can report their concerns directly to Internal Affairs and/or BSO's Equal Employment Opportunity (EEO) unit without reporting via chain of command.