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.

This quiz covers the appeals process for law enforcement employees, including deputy sheriffs, sergeants, and lieutenants, as well as detention deputies and sergeants. It outlines the rules and exclusions for the appeals process.