Appeals Process for Law Enforcement Employees

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Questions and Answers

Which of the following employees are excluded from appeal rights described in this chapter?

Managerial, exempt, and confidential employees, including Department of Fire Rescue and Emergency Services employees (correct)

Detention deputy, detention sergeant, detention lieutenant

All employees covered by a bargaining unit agreement

Deputy sheriff, deputy sheriff sergeant, deputy sheriff lieutenant

Who has the exclusive right to determine and administer discipline to managerial, exempt, and confidential employees?

The Department of Fire Rescue and Emergency Services

The Administrative Appeal Board

The collective bargaining union

The Sheriff or designee (correct)

What is the minimum disciplinary suspension required for an appeal by arbitration?

Ten days

Five days

Three days

Six days (correct)

What is the purpose of the Administrative Appeal Board (AAB)?

To review disciplinary suspension of five days or less for bargaining unit members Signup and view all the answers

What is the requirement for AAB hearings?

AAB hearings need not be recorded Signup and view all the answers

Where are records of all AAB hearings maintained and secured?

In Internal Affairs, in accordance with Florida Statutes Signup and view all the answers

Who is entitled to review by the Administrative Appeal Board (AAB)?

Bargaining unit members receiving disciplinary suspension of five days or less Signup and view all the answers

What is the process for disciplinary suspension of six days or greater or disciplinary recommendation of demotion or termination?

Appeal by arbitration Signup and view all the answers

What is the primary purpose of notifying employees of a pending investigation?

To inform them of their rights and responsibilities Signup and view all the answers

Who determines whether notification of a pending investigation would compromise the investigative process?

Internal Affairs Signup and view all the answers

What is the 'Admit It and Move On' option related to?

A Category I infraction Signup and view all the answers

Who do employees falsely accused or threatened by a supervisor report their concerns to?

Internal Affairs and/or BSO's EEO unit Signup and view all the answers

What is the purpose of the notification of a pending investigation?

To provide a brief factual statement of the investigation Signup and view all the answers

What is the role of Internal Affairs in cases of employee harassment?

To assist employees who believe they are falsely accused Signup and view all the answers

What is the requirement for offering the 'Admit It and Move On' option?

A review of the employee's past disciplinary history Signup and view all the answers

What is the entitlement of Deputy Sheriffs, detention deputies, and firefighters?

Statutory protection per applicable section of Florida Statutes Chapter 112 Signup and view all the answers

What is the primary purpose of the Captain of Internal Affairs or designee in an investigation?

To offer an employee options for providing a statement Signup and view all the answers

What is the main difference between a voluntary statement and a compelled statement?

The employee's willingness to provide a statement Signup and view all the answers

What is the purpose of informing an employee of the allegations involved in a compelled statement?

To ensure the employee is aware of their rights Signup and view all the answers

What happens if an employee chooses not to provide a statement prior to the closing of the case?

The employee can still provide a voluntary statement or information during a prediscipline hearing Signup and view all the answers

What is the primary reason employees may be compelled to answer questions during an inquiry?

To determine the employee's fitness for employment Signup and view all the answers

What is the requirement for compelling an employee to provide a statement?

The employee must be notified of the allegations involved Signup and view all the answers

What is the significance of providing an employee with a written invitation to provide a voluntary statement?

It ensures the employee is aware of their rights and options Signup and view all the answers

What is the main difference between a proffer and a voluntary statement?

A proffer is used to provide information or evidence relevant to an investigation Signup and view all the answers

Study Notes

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.

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Description

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.