The purpose and effect of the proposed rule is to explicitly include unauthorized use of Department weapons as a ground for disciplinary action.  


  • RULE NO: RULE TITLE
    33-208.003: Range of Disciplinary Actions
    PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to explicitly include unauthorized use of Department weapons as a ground for disciplinary action.
    SUMMARY: The proposed rule will explicitly include unauthorized use of Department weapons as a basis for disciplinary action.
    SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that this rule will not have an impact on small business. A SERC has not been prepared by the agency.
    Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
    SPECIFIC AUTHORITY: 944.09 FS.
    LAW IMPLEMENTED: 110.227, 944.09, 944.14, 944.35, 944.36, 944.37, 944.38, 944.39, 944.47 FS.
    IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Kendra Lee Jowers, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500

    THE FULL TEXT OF THE PROPOSED RULE IS:

    33-208.003 Range of Disciplinary Actions.

    Violations of the foregoing Rules of Conduct as well as other departmental and institutional policies will result in disciplinary actions, which may be by oral reprimand, written reprimand, suspension, reduction in pay, demotion or dismissal.

    Any employee who feels that unjust disciplinary action such as an oral or written reprimand has been given has the right to submit a grievance as established by the grievance procedures of the Department of Corrections. For disciplinary actions involving, suspension, reduction in pay, demotion, or dismissal, permanent Career Service employees have the right to appeal to the Public Employees Relations Commission. Violation of more than one rule shall be considered in the application of discipline and may result in greater discipline than specified for one offense alone.

    Any questions regarding these rules and personnel procedures should be referred to the employee’s circuit administrator, warden or Personnel.

    The preceding section titled Rules of Conduct and the following list of offenses and work deficiencies with their ranges of disciplinary actions will be used by this Department in administering an effective disciplinary program.

    THE SEVERITY OF PENALTIES MAY VARY DEPENDING UPON THE FREQUENCY AND NATURE OF A PARTICULAR OFFENSE AND THE CIRCUMSTANCES SURROUNDING EACH CASE. WHILE THE FOLLOWING GUIDELINES ARE NOT A SUBSTITUTE FOR IMPARTIAL SUPERVISION AND EFFECTIVE MANAGEMENT, AND DO NOT SET ABSOLUTE MINIMUM AND MAXIMUM PENALTIES, IT IS EXPECTED THAT ALL SUPERVISORS WILL CONSIDER THEM IN REACHING DISCIPLINARY DECISIONS.

     

    Offense or Deficiency

    First Occurrence

    Second Occurrence

    Third Occurrence

    Fourth Occurrence

    (1) Gambling

    Oral or Written Reprimand

    Written Reprimand or up to 10 day Suspension

    Up to 30 days Suspension or dismissal

    Dismissal

    (2) Horseplay or Fighting

    Same

    Same

    Same

    Same

    (3) Loafing

    Same

    Same

    Same

    Same

    (4) Tardiness (With a 2-month period)

    Same

    Same

    Same

    Same

    (5) Excessive Absenteeism

    Same

    Same

    Same

    Same

    (6) Malicious Use of Profane or Abusive Language Toward Inmates, Visitors, or Persons Under Supervision

    Same

    Same

    Same

    Same

    (7) Absence Without Authorized Leave

    Same

    Same

    Same

    Same

    (8) Unauthorized Distribution of Written or Printed Material of any Description

    Same

    Same

    Same

    Same

    (9) Unauthorized Solicitations or Sales on DC Premises or While on Duty

    Same

    Same

    Same

    Same

    (10) Substandard Quality and/or Quantity of Work

    Same

    Same

    Same

    Same

    (11) Reporting to Work Improperly Dressed for Job Assignment

    Same

    Same

    Same

    Same

    (12) Sleeping on Job

    Written Reprimand, up to 30 days Suspension or Dismissal

    Dismissal

     

     

    (13) Negligence

    Same

    Same

     

     

    (14) Revealing Confidential Information in DC records to unauthorized person

    Same

    Same

     

     

    (15) Possession of an Unauthorized Intoxicant, Narcotic, Barbiturate, Hallucinogenic drug, Central nervous system stimulant, Weapon or Firearm on DC Property

    Same

    Same

     

     

    (16*) Reporting to Work under the Influence of an Intoxicant, Narcotic, Barbiturate, Hallucinogenic drug, or Central nervous system stimulant

    Same

    Same

     

     

    (17*) Drinking an Intoxicant or using a Narcotic, Barbiturate, Hallucinogenic drug, or Central nervous system stimulant on the job

    Same

    Same

     

     

    *The Governor and Cabinet by Resolution adopted July 17, 1973, have established the State Policy on Alcoholism which recognized alcoholism as treatable illness, a medical and public health problem and an employment problem. When an employee drinks to the extent that it affects his or her work performance, the employee is a problem drinker. As with any health liability, alcoholism is of serious concern to the employee and employer alike. Therefore, it is the policy of this state to recognize alcoholism as a disease. The Career Service Personnel Rules and Regulations (Rule 60K-4.010, F.A.C.) requires that a dismissal action taken against an employee for habitual drunkenness shall be in accordance with the State Policy on Alcoholism as adopted by the Administration Commission and the guidelines issued by the Secretary of Administration.

    (18) Failure to maintain direct (sight) supervision of assigned medium, close or maximum custody inmates while outside the institution security perimeter

    Written Reprimand, up to 30 days of Suspension or Dismissal

    Dismissal

    (19) Leaving the Assigned Work Station without Authorization

    Same

    Same

    (20) Use of Corporal Punishment, Verbal or Physical Abuse of an Inmate

    Same

    Same

    (21) Falsification of Forms or Records

    Same

    Same

    (22) Conduct Unbecoming a Public Employee

    Same

    Same

    (23) Stealing DC Property, Property of an Inmate Visitor or Employee

    Same

    Same

    (24) Willful Violation of Rules, Regulations, Directives or Policy Statements

    Same

    Same

    (25) Unauthorized Use of DC Equipment, or Property, or Weapons

    Same

    Same

    (26) Insubordination

    Same

    Same

    (27) Destruction or Abuse of DC Property or Equipment

    Same

    Same

    (28) Destruction of Evidence or Giving False Testimony

    Written Reprimand, up to 30 days Suspension or Dismissal

    Dismissal

    (29) Unlawfully Obtaining Money from or on behalf of an Inmate or Person under Supervision

    Same

    Same

    (30) Failure to Report and Turn in Without Delay all Property Found, Seized, or Taken Officially

    Same

    Same

    (31) Failure to Submit to a Required Physical Exam

    Same

    Same

    (32) Failure to follow Oral or Written Instructions

    Same

    Same

    (33) Abuse of Sick Leave Privileges

    Same

    Same

    (34) Careless or Unsafe Handling of Firearms or Other Weapons

    Same

    Same

    (35) Cowardice

    Same

    Same

    (36) Failure to report for duty when instructed to do so in time of emergency or potential emergency

    Same

    Same

    Rulemaking Specific Authority 944.09 FS. Law Implemented 110.227, 944.09, 944.14, 944.35, 944.36, 944.37, 944.38, 944.39, 944.47 FS. History–New 10-8-76, Formerly 33-4.03, Amended 1-30-96, Formerly 33-4.003, Amended 8-5-07,_______.


    NAME OF PERSON ORIGINATING PROPOSED RULE: Glory Parton, Director of Human Resources
    NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Walter A. McNeil, Secretary
    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 5, 2009
    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 21, 2009

Document Information

Comments Open:
9/25/2009
Summary:
The proposed rule will explicitly include unauthorized use of Department weapons as a basis for disciplinary action.
Purpose:
The purpose and effect of the proposed rule is to explicitly include unauthorized use of Department weapons as a ground for disciplinary action.
Rulemaking Authority:
944.09 FS.
Law:
110.227, 944.09, 944.14, 944.35, 944.36, 944.37, 944.38, 944.39, 944.47 FS.
Contact:
Kendra Lee Jowers, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500
Related Rules: (1)
33-208.003. Range of Disciplinary Actions