Florida Florida Statutes

§ 30.075 — Review boards

FS § 30.075Ch. 30

Statute text

(1)Each sheriff shall establish a review board to review, pursuant to appeals taken under ss. 30.071-30.079, terminations taken by the sheriff against regularly appointed deputy sheriffs for lawful off-duty political activity or for discriminatory reasons.

(2)Each member of a review board shall be selected on the basis of fairness, objectivity, and impartiality. The board shall have no investigative powers and shall function in the capacity of a fact finder in an effort to arrive at a fair and equitable recommendation in all matters brought before it. A member shall not be involved in the issue under consideration. Membership on the board is voluntary and without remuneration. Members may not discuss matters to be heard before the board until the board convenes.

(3)A review board may receive verbal or written testimony concerning any matter considered relevant by the board and may receive any records, including, but not limited to, performance evaluations and disciplinary files. (4)(a) The review board of an agency having 150 or more deputy sheriffs shall be comprised of:1. Two members selected by the sheriff from among the certified law enforcement officers within the sheriff's jurisdiction. 2. Two members selected by the deputy sheriff who is appealing the termination action from among the certified law enforcement officers within the sheriff's jurisdiction. 3. One member selected by the other members of the board and acting as the chairperson of the board. 4. If an impartial local chairperson cannot be agreed upon within 10 working days after the appeal is submitted, then the parties shall jointly request the American Arbitration Association to furnish a panel of seven names from which each party shall have the option, within 5 days of receipt, of striking three names in alternating fashion. The seventh or remaining name shall be the chairperson. The parties shall jointlce="preserve" class="Text Intro Justify">The chairperson of the review board shall, through the appropriate chain of command, give written notice to each witness of the date, time, and place of the hearing.

(i)The review board shall confine its deliberation to the evidence presented. The board shall have 10 working days within which to make its findings. The findings of the board are binding on the parties. If the board finds that action on appeal is justified, it may recommend an alternative action.

(j)A decision of the review board must be made by a majority vote of its members.

(k)Each complaint shall receive a separate finding and recommendation by a majority of the review board. Each finding shall take into consideration the seriousness of the complaint, any extenuating circumstances, and the tenure and past conduct record of the deputy sheriff. The board shall submit to the sheriff its written findings of fact and recommendations within 10 working days after the hearing.

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Legislative history

s. 7, ch. 94-143; s. 1329, ch. 95-147; s. 3, ch. 95-155.