MEMORANDUM TO: Melissa Nelson, State Attorney FROM: Stephen Siegel, First Assistant State Attorney RE: Scott Lancaster, Executive Investigator DATE: May 22, 2017 Predicate: To investigate allegations of misconduct lodged against Executive Investigator Scott Lancaster Investigation: On May 8, 2017, I received a report of misconduct alleged to have been committed by Executive Investigator Scott Lancaster (?Lancaster?). The following day, along with Chief Assistant Leh Hutton, I met with the complainant, Ms. - is an assistant state attorney assigned to 'Ihe purpose of the meeting was to obtain a first-hand report from- of Lancaster?s alleged misconduct In my initial meeting with- on May 9, 2017, she told me she did not know Lancaster prior to meeting him at the State Attorney?s Of?ce. She told me that Lancaster walked by her office and on at least two occasions said something to the effect of ?good morning gorgeous? or ?good morning beautiful.? Additionally,- reported a meeting in her office with Lancaster, State Attorney?s Of?ce investigators ?and Thiu'ne and possibly another investigator (Karen Dukes). At the conclusion of the meeting Lancaster told -and Thume they could go on because he had a case he wanted to talk to_ about. When they left he told her he actually did not have a case to talk about, but that he just wanted them to leave. - did not recall exactly what they discussed, other than just small talk, until he got up and left her of?ce. - produced an email dated April 25, 2017, referencing a meeting regarding --which she believes correlates to the meeting with Lancaster. On another occasion, Lancaster called - on the telephone. She put him on speaker phone while - was in her office. Lancaster asked_ "Are you covered up?" - understood his comment to mean that he was asking her if she was wearing any clothes. - thought this call was the morning of the meeting Lancaster asked the other investigators present to leave office - said she asked Assistant State Attorney Dan Skinner ("Skinnel") about the phrase later that day or thereafter and he hold her it could mean being busy or having a heavy workload. According to_ on May 8/ 2017, she wore a suit to work in antidpation of going to court. she had a meeting with chief Assistant Mac Heavtmer ("Havana") and others in the conference room next to Heavencr's office. At the conclusion of the meeting -old - that Lancaster needed to see her. walked down the hallway to Lancastesz office. His door was open and he was seated at the table in his office. Lancaster spoke to her and commented on her looks. she said he might have said "good morning gorgeous" or "good morning heautifu He then told her that he heard how nice she looked today and he wanted to see for himself. she then ended the conversation left Lancaster's office, and walked by Heavener's office. She was shaking as she walked by Heavener's office. - said she gave some thought to telling Heavener what happened. However, she did not and went bark to her office. She was already upset and late for a lunch meeting. She thought to herself as she walked "What am I supposed to wear to work?" - followed through on her plans to meet Assistant State Attorneys Teresa Simak ("Simak") and Corelyn Crawford ("Crawford") for lunch. She was visibly shaken or upset by what had happened earlier with Lancaster. She talked about what happemed earlier that morning with Simak and Crawford. Later that day, Simak contacted Attorney and Community Development Director, Lisa Page to tell her what happened. Page met with Sl'mak and- Page told Heaven-r what she learned. Heavener conveyed what he was told to you, Chief Assistant Hutton, and to me. On May 10, 2017, I spoke to Crawford. She said she was at lunch on Monday when - arrived. - was flustered or out of sorts. It was immediately apparent to Crawford that something was wrong. - told them what happened earlier that morning. Crawford described the conversation very much as- said it happened. Crawford knew - had a meeting with Heavener. -told_ [Scott Lancaster - Crawford could not remember his name] needed to see her about a case. went down to Lancaster?s office and Lancaster made a comment about how she looked. According to Crawford, Lancaster told_ that he heard she was looking good and she did look good. There was small talk about a case. left. Crawford said - asked aloud, ?What am I supposed to wear to work?? Crawford said she knew about another incident where Lancaster was in- of?ce and other investigators were told to leave because he had a case to talk to her about. When they left Lancaster told her that he really did not have a case to talk to her about. Crawford also mentioned the incident where Lancaster called_ and asked her if she was ?covered up.? On May 11, 2017, along with Chief Investigator Tim Quick (?Quick?) and Chief Assistant Hutton, I met Lancaster to discuss the matters reported by_ We met in the conference room adjacent to my of?ce. Inoti?ed Lancaster I received a report of misconduct. I expressed to him that the reported misconduct, if true, would violate State Attorney?s Of?ce policy, particularly the policy against sexual harassment. I explained I was not there to adjudicate or to decide any facts. I was there to notify him of the reported misconduct and explain the process I would follow going forward. I told Lancaster upon becoming employed he acknowledged in writing he had or would familiarize himself with State Attorney?s Of?ce policies. I further told Lancaster that upon becoming employed, he acknowledged he was an at-will employee. I informed Lancaster that reported misconduct on his part. I told Lancaster I met with_ in an effort to respond to her report of misconduct. I told Lancaster that_ reported she had a meeting at Heavener?s of?ce and was told by an investigator that Lancaster needed to see her. I told Lancaster I was not repeating what she. told me verbatim, but paraphrasing what I understood his behavior to be. was told Lancaster needed to see her, presumably about a case. She walked down to his of?ce. A conversation ensued in which he told her he heard she looked good today and he Wanted to see so for himself. In sumhis office to discuss a case or a work-related matter. I told Lancaster that- told me that he had been by her of?ce. She did not know him before he joined the of?ce. There was at least one or two occasions where he said ?good morning beautiful? or ?good morning gorgeous.? There was another occasion where he met with her in her office with other investigators. Those investigators were essentially told to leave by Lancaster because he needed to speak to her about a case. After they left, he told her he did not need to speak to her about a case. I reiterated my purpose with him was not to adjudicate the facts, but rather to notify him of what I learned thus far. I told him I would be required to conduct an investigation. I told him that if he separated employment with the State Attorney? 5 Of?ce it would moot any forthcoming investigation. He told me that he would not resign. Lancaster further added that there was banter on that ?oor and that he did not intend to harass or intend harm anyone. I stopped him and reminded him I was not interrogating him or questioning him. I told him I was not there to decide the facts during the meeting. He said he would respond and expected to make a statement during the investigation: I informed Lancaster that he would be placed on administrative leave with pay pending the outcome of the investigation. I asked if he was armed or had a firearm issued by the office. He had a ?rearm which he owned that was in his of?ce. I asked Chief Investigator Quick to secure the ?rearm and to make sure the necessary credentials and equipment access card, office key, badge, radio, and vehicle were collected. Lancaster said he would need a ride home. Chief Quick offered to drive him home. I then contacted IT Director Chris King (?King?) and Human Resources Director Monica Bain (?Bain?) for the purpose of informing each to lock access to Lancaster?s email and physical access to the building. I asked Bain to reflect administrative leave for Lancaster in SAMS as of 8:00 AM, May 11, 2017, pending further notice. Later in the afternoon of May 11, 2017, I received a telephone voicemail from Lancaster. I returned his call. Lancaster told me during the conversation that he had been ?networking? within the office. Lancaster related that Skinner shared with Lancaster a confidential had been sexually harassing her. Lancaster told Skinner to advise she must document these instances and that she needed to do something about it or to report it. Lancaster then stated he wanted me to know this for background. He made a comment that both he and and that- made allegations of misconduct against each On May 12, 2017, I contacted King and asked if he would conduct an email search for specific names and terms I provided. Later that same afternoon, King provided a CD of the emails which captured the aforementioned language. I reviewed the emails and did not ?nd anything remarkable. On May 19, 2017, I called Lancaster for the purpose of asking him if he Wished to be interviewed. We set the interview for Monday, May 22, 2017, at the State Attorney?s Of?ce. During this conversation he asked me if I could tell him whether or not disciplinary action was forthcoming. I told him I could not as the investigation was not complete. He asked me if he would have an opportunity prior to the interview to review the statements of any alleged Witnesses. I told him I would make any statements available to him for review prior to the interview. Finally, he asked me it would present a problem if after reading the witness statements he believed he needed legal counsel. I told him it would not present a problem if he sought legal counsel. On May 22, 2017, I met Scott Lancaster at the State Attorney's Of?ce. Along with Chief Investigator Tim Quick I escorted Lancaster to one of the inmate deposition rooms. I chose this location for privacy. I asked Lancaster if he wanted to review the summaries of the Witness interviews. He said that he wanted to review the summaries and I allowed him to do so alone. After about 25 minutes he exited the inmate deposition room. After I entered the room he said he wanted to provide a written statement. I asked Chief Investigator Quick to record my interaction with Lancaster. On May 24, 2017, I received an email from Lancaster with his written statement. The statement was not sworn to and I responded asking him to provide a statement that was sworn to in accordance with Chapter 112. a: Based on MGM, 544 So.2d 1162 (Fla. 5th DCA 1989), I believe there is authority for the legal principle that the law enforcement officer?s bill of rights codi?ed in Florida Statutes Chapter 112 is not applicable. However, out of abundance of caution, I provided Lancaster with various protections required by Chapter 112 including, but not limited to: (1) I allowed him to review witness interview summaries prior to his interview; (2) I intended to record his interview after placing him under oath if he wished to provide an oral statement; (3) I provided him the opportunity to have legal counsel present during any interview; and (4) when he requested to provide a written statement I permitted him to do so. Additionally, in accord with Chapter 112, pursuant to 92.525 PS, the contents of this memorandum are true and accurate based upon my personal knowledge, information and belief. Moreover, in accord with 112.533, FS, I do hereby swear, under penalty of perjury, that, to the best of my personal knowledge, information and belief, I have not knowingly or willfully deprived, or allowed another to deprive, Scott Lancaster of any of the rights contained in sections 112 532 or 112 533, FS. ?t?cmml 11mm Stephen, Siegel Date First Assistant State Attorney MM Wu Notary NELSON 38"? 45;; MIRIAMM a: gig iCommIsslon 66 071704 ?53- "2 Expires February 9 2021 I I Tm, Fall! NW 800455-70? Addendum: On May 25, 2017, I met with Dan Skinner and Chief Investigator Quick. In his written statement, Lancaster attributed several comments to Skinner I sought to clarify. At the beginning of our meeting, I showed Skinner a written summary of his earlier interview with Chief Investigator Quick. He acknowledged the accuracy of the written summary of his interview with Quick. Skinner told me that he has known Lancaster for several years. Skinner served in Clay County as an Assistant State Attorney when Lancaster served as a Clay County Sheriff. Skinner considers his relationship with Lancaster to be both a personal and professional. Skinner also noted he has served in the past as -supervisor during her tenure. Skinner told me he met with Lancaster at Lancaster's request in April 2017. According to Skinner, this was the last time he spoke to Lancaster. The meeting occurred at Skinner?s office. During the meeting, Lancaster brought up several names to Skinner seeking Skinner?s opinion or observations about the named person. During their meeting, Lancaster mentioned ?and Skinner told Lancaster about a conversation Skinner had with - regarding - Skinner said told him about an inappropriate joke - made (the joke was mentioned in an earlier statement given by both- and Skinner). Skinner told me he thought there was an additional incident Where -asked other detectives to leave _s of?ce at the conclusion of a meeting, but he could not be one-hundred percent certain. Skinner said he might have been responding to a text or email during his conversation with and might have missed something or misunderstood this incident. Skinner told me that if- said it was Lancaster who was in the meeting who told the detectives to leave, he told me to accept-I version of events. I asked Skinner why he shared with Lancaster a conversation - might have believed to be confidential in nature. Skinner said he thought omitting the conversation would be untruthful. He told me he was led to believe Lancaster was meeting with him at the direction of the State Attorney and that the information sought was for her consumption. I told Skinner that as Lancaster?s direct supervisor, Lancaster was never tasked with seeking Addendum Page 1 information about employees, staff or administrative processes. If Lancaster asked Skinner questions about people within the office, he was doing so on his own behalf, for his own purposes. When Lancaster initially asked Skinner about - Skinner told me he thought to himself that Lancaster would be asking him about the conduct - mentioned to him earlier. I asked Skinner if he believed the information conveyed to him about -by - gave rise to a claim of sexual harassment. He told me ?absolutely not.? At most, Skinner told me that what- said to him, or caused him to believe -made her feel ?uncomfortable.? I asked Skinner for the basis of. what- said about -that made her feel ?uncomfortable.? Skinner said he thought - made - uncomfortable because - might have come into her office a few times and shut the door, made an inappropriate joke, and made some questionable Facebook postings. He also mentioned the incident where he believed -Was in-s office and asked the other investigators to leave, but stated again he was unsure of the accuracy of facts of the incident. Skinner acknowledged he received sexual harassment training. He told me he understood his responsibilities as a Director upon receiving a report or claim of sexual harassment. I asked Skinner if he believed the conduct described by - in her conversation with him amounted to sexual harassment, or if he believed- was making a claim of sexual harassment. He stated unequivocally that he did not consider conversation with him about-to describe sexual harassment or otherwise represent a claim of sexual harassment. Skinner perceived the conversation to be one in Which- was seeking guidance from him about someone who might have made her uncomfortable. He simply told her that if she felt uncomfortable she should document any incidents of inappropriate behavior. We then discussed various statements attributed to Skinner by Lancaster in his written statement to me. Skinner acknowledged he and Lancaster had a meeting in which a wide variety of of?ce matters were discussed. While they discussed new policies and procedures that had been made effective since January, Skinner told me that he never made suggestions to Lancaster about administrative improvements to the of?ce. When asked about the decision to Addendum Page 2 Skinner noted he heard it was an unpopular decision for some of the attorneys, but that he never told Lancastcr- was ?upset? ?Skinncr told me that_ did not make such a comment to him. Skinner further said_ was not the kind of attorney who would ever make such a comment. Skinner told me he never told told him anything of the sort, Skinner said. there was no way he told Lancaster what Lancaster attributed to him in Lancaster?s written statement. Moreover, Skinner said he never told Lancaster that_ complained to him on several occasions about -asking her questions. i I specifically asked Skinner if he ever told Lancaster, had confided in him [Skinner] that -was making inappropriate sexual remarks to her and that he came to her office alone when others were not in the area and said inappropriate things.? Skinner unequivocally denied ever making such a statement to Lancaster. He further added that never told him anything which could remotely being construed as -making inappropriate sexual remarks to her. I asked Skinner if he believed- reported to him any conduct or behavior on the part of -in her conversation with him that would constitute sexual harassment. Skinner told me ?absolutely not.? I asked Skinner what action he would have taken if_ had given him a report of facts describing conduct or behavior of sexual harassment and he stated he would have reported the conduct or behavior to the appropriate person. After speaking with Skinner I brie?y met- I asked her about the nature and extent of her interaction with- She reported there were no problems with- other than what she previously mentioned about the inappropriate joke. She said she really does not see-all that much, nor is he in her office all that much, because? A?ddendum Page 3 Witness Summaries: Beginning on May 15, 2017, Chief Investigator Quick began conducting interviews of people thought to have information relevant to this matter. They are as follows: (1) (2) Assistant State Attorney Corelyn Crawford (3) Communications Director David Chapman (4) (5) Assistant State Attorney Teresa Sim ak (6) lnvestiga tor Thurne (7) Assistant State Attorney Dan Skinner (8) (9) Executive Assistant Cindy Cribs (10) Executive Assistant Angie Judah (11) Comm'unity Engagement Coordinator Linzee Ott (13) Debra Jackson, First Coast Security (14) Stephanie Thomas, First Coast Security TAB - Lancaster Statement and transcript of May 22, 2017 Reference Materials: (1) Copy of April 25, 2017, email (2) Lancaster employment documents from personnel file (3) SAO Employee Information Guide (4) Of?ce Manual relevant policies (5) SAO Sexual Harassment power point presentation (6) SAO Amended Affirmative Action Plan (7) Kellwgill 544 So.2d 1162 (Fla. DCA 1989) and relevant Florida Statutes -- May 15, 2017 at 10:00 AM - was interviewed in her office and prior to the asking her any questions, she was apprised of the purpose of the interview. - related that on May 8, 2017, she attended a meeting at a conference room near Heavener?s office. The meeting lasted longer than expected and at the conclusion of the meeting -told her that Lancaster wanted to see her. - walked to Lancaster's office and when she arrived he was sitting at a table adjacent to his desk. Lancaster initially said something to the effect that she looked gorgeous or beautiful, and asked about her weekend. She asked about his weekend and he said that he did some work for his wife's law ?rm. Lancaster then said that he did not call her to his of?ce to discuss work, but that he heard she looked good and he was just confirming for himself. stated that she was wearing a dark skirt suit. She was immediately offended by Lancaster's actions and she departed without engaging in further conversation. She st0pped by Heavener?s of?ce and engaged in small talk, but she did not relate anything to him about What Lancaster had just said to her. was scheduled to have lunch that same day with Simak and Crawford and because the meeting had lasted so long, she met them at the restaurant. Upon arriving, she immediately told them both about what Lancaster had said to her; Simak and Crawford had also previously been told about two other incidents involving Lancaster that made - uncomfortable. One incident involved a meeting in her of?ce that was attended by Lancaster, - Thume, and possibly Karen Dukes. At the conclusion of the meeting, Lancaster told everyone to leave because he wanted to discuss some things with her. After everyone left, Lancaster told her that he really did not have any case work to talk about and that he just wanted them to leave. They engaged in small talk and he left a short time later.- related that she previously provided an e?mail referencing a meeting with _Which she believes related to the meeting. - also spoke of another incident when Lancaster called her of?ce. -Was present in her office and she put Lancaster on speakerphone. Lancaster then asked her: "Are you covered up?? - took this to mean that he was inquiring if she was wearing clothes. 'lhe phone call occurred on the morning of April 25th. - subsequently asked Dan Skinner about the meaning of "are you covered up" and he said that it could mean "are you busy?? related that? She has not discussed any of this information with him. Additionally, she stated that she has never experienced any type of problems with -- was again interviewed later in the day following an interview with Skinner in which he related that- had told him about a meeting involving her, -and two ISO detectives. Skinner said that the conclusion of the meeting, - asked the detectives to depart and -1'emained in office which made her uncomfortable.- was asked about this meeting and she said that it did not occur and she was not sure why Skinner would have said it. - also relayed a prior incident in which -made a joke about a case, which she believed to be inappropriate. Corelyn Crawford May 16, 2017 at 10:00 Corelyn Crawford is an assistant state attorney. Crawford. was interviewed regarding her interaction with - on May 8th, 2017, at an off?site lunch that was previously scheduled with_ and Simak. Crawford and Simak were at the restaurant When- arrived a short time later following the conclusion of a meeting at the SAO. l/Vhen- arrived, she was visibly upset, she teared up, and she said it was regarding "the things we talked about before.? Crawford knew of other incidents - had previously related. One involved a meeting that was held in her of?ce that was attended by Scott Lancaster, - Thurne and two others (who Crawford could not recall). At the conclusion of the meeting, Lancaster reportedly asked everyone to leave so that he could stay and speak with- Crawford said that this made- feel very uncomfortable. On another occasion, Crawford said that received a telephone call from Lancaster and he asked her if she was ?covered up.? Crawford said that Lancaster's comment about being "covered up" might be innocent, but in light of the other things involving Lancaster,- had reason to be concerned. Regarding the incident on May 8, 2017, Crawford said that- said she was in a meeting with Heavener and -At the conclusion of the meeting, -told that Scott (Lancaster) wanted to see her in his of?ce. - walked to Lancaster's of?ce, stood at his door, and Lancaster said that-said she looked good and he just wanted to see for himself. engaged in some small talk with Lancaster and then left. She then walked into Heavener?s office and spoke to him briefly, but she did not mention anything about What Lancaster had just said to her.- said to Simak and Crawford, ?What am I supposed to Wear?" Crawford described - as wearing a skirt, shirt, and jacket. said that Lancaster is Crawford said that the incident on the 8th was the tipping point for - after the two previous incidents with Lancaster. was visibly upset and it really bothered her that it appeared as if others were talking about her. This conclusion was drawn by- because Lancaster had told her that-said she looked good that day. 10 David Chapman May 15, 2017 at 13:45 David Chapman is the SAC Communications Director. He told me that Siegel contacted him to tell him that Lancaster had been placed on administrative leave in the event there were any media inquiries. Chapman related that on May 4, 2017, Lancaster stopped by his of?ce, which he often did, and said that he Wanted to discuss a few things in preparation for his meeting with Melissa Nelson that was scheduled for the following day. Lancaster told Chapman that during a discussion he recently had, he was told that ?did some things that made people uncomfortable. Lancaster mentioned as the person who had been made to feel uncomfortable, but the topic suddenly changed and it was not addressed further. Chapman had no further discussions with Lancaster regarding this toPic. Additionally, the source of the information regarding-Was not disclosed by Lancaster. 11 ?v1ay 16, 2017 at 14:30 ?employed by the State Attorney?s Office. -confirmed the meeting in the conference room on May 8, 2017, near Heavener?s of?ce. Also present at the meeting were Heavcner,_ and ?'During the course of the meeting, -left to go to the restroom which is located a short distance down the hallway and almost directly across from Lancaster's of?ce. As -was exiting the restroom, Lancaster was exiting his office and he asked him if- was in the meeting with him. -confirmed that she was there and Lancaster told -to have_ come see him after the meeting was over. According to-this was the first time that he had seen Lancaster that morning and there was no conversation with Lancaster at that time regarding_ or how she looked. It was simply limited to Lancaster's request to have-tell_ to come see him. The meeting concluded a short time later and as he and- were returning to their office and standing near the stairwell, he remembered to tell- that Lancaster wanted to see her. subsequently departed, presumably to go to Lancaster's office. -recalled an occasion when he, - and Lancaster were in- office and at the conclusion of the meeting. Lancaster asked them to leave so that he could speak with He had no further information to provide regarding the context of the meeting or if was upset about that meeting. - also recalled an occasion when he was in office when Lancaster called on the phone. Lancaster was placed on speakerphone and he asked_ if she was "covered up.? -did not find the remarks offensive and - did not give any response that indicated that she was offended by the remarks. -told me that on May 11, 2017, he received a telephone call from Lancaster asking him to come to Lancaster?s residence. Lancaster told -he had been suspended, and needed a ride to Green Cove Springs to retrieve a vehicle. -responded to the residence, gave him a ride and said that Lancaster specifically told him he did not want to discuss the details of what happened earlier in the day. -Was adamant he was not covering for Lancaster in anyway. He was certain the first time he saw Lancaster on May 8, 2017, was upon exiting the restroom. 12 ?aid he did not say anything to Lancaster about- appearance or anything to the effect of how she looked that day. 13 Teresa Simak May 15, 2017 at 12:10 Teresa Simak is an assistant state attorney. Simal< was out of the office until May 18, 2017, with limited availability so a telephonic interview was conducted. Simak related that on May 8, 2017, she and Crawford were scheduled to have lunch with at a pre? arranged location.- was running late from a meeting in the office so she met Simak and Crawford at the restaurant. As soon as - arrived at their table, she burst into tears. - related to them that - told her that Scott (Lancaster) wanted to see her in his of?ce and when she arrived at Lancaster?s office he said he just needed to see if she looked as good as -had said she did. Following the lunch and further discussion With_ she called Lisa Page later that afternoon and arranged for a meeting with Page and - in Sirnak's office in which the information about Lancaster was related to Page. Simak also related a previous conversation with- during which Lancaster called - by phone and asked her if she was ?covered up.? Simal< said_ was offended by this comment. 14 'I'hurne May 15, 2017 at 7:30 Thurne is an investigator with the State Attorney?s Office. Thume related that he was present for at least two to three meetings in - office. Also present for the meetings were Lancaster, -Karen Dukes and possibly others he could not recall. Thume did not remember an occasion when Lancaster asked everyone to depart the meeting so that Lancaster could speak with - by himself, but it is possible he left the meeting before Lancaster asked everyone to leave. Thume did not witness any inappropriate comments by Lancaster toward- or anyone else that would warrant concern. 15 Dan Skinner May 15, 2017 at 13:30 Dan Skinner is an assistant state attorney. Skinner related incidents he was aware of regarding Facebook postings by - Additionally, Skinner said that - and were in a meeting in- of?ce that was attended by two ISO detectives. At the conclusion of the meeting, - asked the detectives to leave and he stayed behind in -s of?ce which made her feel uncomfortable. Skinner recalled another incident cited by in which -remarked that he wished his victims were better looking. - reportedly conveyed other incidents to Skinner with - but he could not recall the speci?cs. Skinner instructed- to document any concerns she had with -and that she should report them if she felt it was necessary. Skinner stated that he could not recall any allegations made by regarding Lancaster other than a phone call in which Lancaster asked her if she was ?covered up.? Skinner stated he worked for the Clay County of?ce of the State Attorney?s Office when Lancaster was Sheriff, but was not sure if - was aware of that or if it would have in?uenced_ sharing any information about Lancaster. Skinner stated that he shared the information about-with Lancaster during a personal meeting between the two of them that had occurred during the last two weeks. Skinner was formerly - supervisor and he highly recommended her for her current position Skinner has the highest regard and utmost respect for_ and said that if she said something happened, he would have no reason to believe otherwise. 16 x4\\ ?May 16, 2017 ?14:45 ?snd is She con?rmed that she was press-rt for a meeting on May 8, 2017, at Heavener's office. Present at the meeting were Heavener, - -and ISO detectives Sullivan and Guess. Harrison did not recall hearing -tell_ at the conclusion of the meeting that Lancaster wanted to see her in his of?ce. -related she had not seen Lancaster say or do any thing that she would consider inappropriate or unacceptable behavior. -believes that she is more tolerant than most females. However, if she observed or heard anything unacceptable from Lancaster or anyone else that would cause her to be concerned she would bring it to someone?s attention. 17 rm PPM Cindy Cribbs May 15, 2017 at 10:00 Cindy Cribbs is the Executive Assistant to the State Attorney. Cribbs said that Lancaster had complimented her on a few occasions as to how nice she looked, but she did not find any of his comments offensive or out of line. Cribbs stated that on each occasion he complimented her, the conversation did not continue any further. 18 Angie Judah May 15, 2017 at 8:00 Angie Judah is the Executive Assistant to Chief Assistant Heavener. Judah stated that Lancaster never said or did anything inappropriate to her or in her presence. She said Lancaster had a tendency to invade personal space. On one occasion he got so close to her that his clothing became stuck on a piece of velcro on her clothing. Lancaster often went to her for assistance with research or case copies, but recently has been going to Linzee Ott for assistance. 19 Linzee 011? May 15, 2017 at 14:30 Linzee Ott is the Community Engagement Coordinator. Ott works in an office located next to Lancaster and she was identi?ed as someone who interacts with Lancaster on a fairly regular basis. Ott was asked if Lancaster ever said or did anything in her presence that she felt was inappropriate or made her feel uncomfortable. Ott related that Lancaster complimented her on a few occasions about what she Was wearing or how she looked. However, she never found his comments to be inappropriate and they did not make her feel uncomfortable. 20 -confirmed that he is ?'but that he was unaware of any inappropriate conduct or acts on the part of Lancaster toward - -}ias seen LanCaster in and around - of?ce on occasion. However, he did not hear anything or see anything that caused him concern. Additionally, - had not disclosed anything to him regarding any inappropriate activity by Lancaster. 21 KW - ?5 Debra Jackson May 15, 2017 at 8:30 Jackson is a Lieutenant with First Coast Security. First Coast Security provides security services to the SAO. Jackson stated that approximately two weeks ago, Lancaster parked his truck in the loading dock and she saw him carry a box upstairs. Before he returned, she left for another location and was relieved by Stephanie Thomas. When Jackson returned a short time later, Thomas told her that Lancaster said he was sorry to hear about the passing of her mother and he asked Thomas if he could give her a hug. Thomas told Jackson she agreed to the hug and then Lancaster asked her if he could give her a kiss on the mouth. Thomas said ?no? to the kiss, but ?yes? to the hug. Jackson further stated that when Lancaster brought his Wife to the SAO he introduced Thomas to his Wife as his ?at?work girlfriend.? 22 Stephanie Thomas May 16, 2017 at 8:30 Thomas works for First Coast Security. Thomas related that she could not recall the specific date, but after the death of her mother she saw Lancaster. Lancaster said he was sorry to hear about the death of her mother. He asked her if he could give her a hug which she accepted. She said it did not make her feel uncomfortable. Lancaster then asked her if the next time he saw her outside of work if he could give her a kiss. She said ?no? because her husband would not like it and his wife would not like it either. Thomas stated that Lancaster often refers to her as his ?girlfriend? and she did not find it offensive, nor did it make her feel uncomfortable. Several weeks ago, Lancaster was escorting his wife into the building and he introduced Thomas to his wife as his ?at-work girlfriend.? Thomas said she is not aware of anyone else that has received hugs from Lancaster, nor .is she aware of anyone else that Lancaster refers to as his girlfriend. Thomas stated she never really took Lancaster seriously about the girlfriend comment because he is so much older than he is. 23 "tn To: Steve Siegel From: Scott Lancaster Ref: Investigation of accusations made Steve, Thank you for the opportunity to respond to the allegations made against me in this matter. lam relying on my best recollection of the issues addressed in the investigative summary, which I was allowed to review on Monday 5/22/17. If additional information is needed, I am certainly available to provide whatever may assist you in clearing up these matters. Regarding allegations made by?, here ls my best recollection. I have had between six and ten total encounters with- since my employment with the office. There are only two issues/cases that I can recall where have had any reason to interact with her. The first of these is a cold case homicide at Jax Beach being worked by Detective Dan Watts. A meeting was held with Der. Watts attended analyst A.J. Mack, and myself. This meeting lasted over an hour and Det. Watts presented his case. At the conclusion, it was agreed he would provide our office with all written reports to date and we would begin to prepare some court orders and subpoenas for the case. It was left that, after reviewing his case file, would be in touch with him. After receiving and reviewing the documentation provided by Det. Watts, determined that several of the key components he presented in the meeting were not supported in the case file documentation. had communicated this issue and my concerns with -, but do not recall if these communications were in person or my phone. I had indicated to her that i would be following up with Det. Watts on my concerns. The second case involves a cold case homicide being worked by the Jacksonville Sheriff?s office. Investigator JJ. Thurne is the primary investigator with our of?ce assisting with this case. There was a meeting in Mac Heavener?s conference room attended by Chief Heavener,_, Chief Tim Quick, possibly ?and myself. The case was presented by Investigator Thurne, and once we began reviewing the case file, there were some obvious discrepancies as to what the Jacksonville S.O. detective had presented to him and what was in the documentation. In this case an informant of lnvestigatorThurne is a critical witness and it was decided that every effort should be made to locate her and that a complete review of the documentation and clari?cation on some issues with 150 would be handled by investigator Thurne. To the best of my recollection any encounters have had with- have been related to the above investigations, with the caveat that there has been at least several times where encountered her tn the office ?ttete enteem have been when was in their office discussing cases with them when she came in, or when she was already present in their of?ce when I came in to have such discussions. I recall her discussing with all of us her upcoming vacation where she was going to surprise her family that did not know she was coming to England, i believe, and another conversation when she returned, about what a great success the surprise had been. Regarding the encounter when I requested other Investigators to leave her office, here is my best recollection. AJ. Mack had contacted me, several times, trying to determine why the court order needed for records in the Jax Beach case had not been signed. I believed it best to discuss this issue with_ in privatethe spot, so to speak, or embarrass her in front of others. - advised she had forgotten to take the file to court with her and was apologetic, explaining she would get the judge to sign the order soon. communicated this to AJ. Mack. I do not recall this encounter lasting more than a couple of minutes and don?t believe her of?ce door was shut. I do not recall ever saying to - that I wanted to be alone with her, although it is possible I might have explained i wanted to discuss a matter with her privately. Regarding the issue that I called her on the phone and asked if she was ?covered up?, here is my best recollection. I do not recall this conversation. However this is terminology routinely use to ask someone if they are busy, prior to speaking with them. As you know, this is a common expression, meaning, is that person "covered up? with work, and thus too busy to talk. Regarding the issue of requesting her to come to my office, here is my best recollection. ?had stepped out of a meeting in Mac Heavener?s of?ce to use the rest room. He stuck his head in my office to say good morning and requested him to have- stop by my office when the meeting was over, if she was not busy. I do not recall how long it was before- came to my door and said ?you wanted to see me?? I had gotten busy at my round conference table reading reports and when she came to the door it took me a moment to recall why I had even asked to speak with her. recall complimenting her on her appearance and she stated she was either going to court or had been to court. My recollection is that she told me the court order for the records in the Jax- Beach case had been signed and I told her I was going to see investigator Watts this week. The entire encounter was not more than a minute or so. I never got up from the conference table and she never came into the office. It has always been my understanding that complimenting a staff member on their wardrobe was proper. indeed, I have been the recipient of such comments. I routinely compliment both men and women on their appearance and find that I receive compliments often on my appearance as well. My wife does a very good job of dressing me with nice looking ties. At no time have I in anyway meant to offend- - and if I have done so am certainly willing to apologize and can assure you in the future I will neither request to be alone in her presence or compliment her on her attire. 2 (715% Other than the issues presented above, ldon?t recall any other discussions with with the exception that, on the, Jacksonville cold case homicide we have had difficulty in locating a key informant to come in for a sworn statement. - had set aside time for the statement on a certain afternoon and again, the informant did not show up and we were unable to locate her. lam sure i had conversations with - and Investigator Thurne about our frustrations and that we would be continuing in our efforts to contact this critical witness. As to my conversation with Director Dan Skinner, here is my best recollection. Director Skinner and I had a private conversation approximately a month ago, which I initiated. We discussed the new policies and procedures put in place since January and how they had been received by staff. He suggested several other administrative improvements that could be made to improve efficiency and office morale. (Several ofthese suggestions were included in recent resentation to State Attorney Nelson.) Director Skinner stated that the decision to had not been well received by a number of attorneys. He then went on to explain that? Accordingto Director Skinner explained that- had complained to him on several occasions that? He also stated that- had confided in him that?Nas making inappropriate sexual remarks to her and that he came to her office alone when others were not in the area and said inappropriate things. He did not share with me what any of the statements allegedly made by_had been. I advised Director Skinner that he should tell_ to keep good documentation on these encounters in the event it got to a point that she needed to file a complaint. He stated he had already advised her to do this. have no knowledge as to whether_ claims regarding ?are accurate. However, it is my understanding from reviewing this investigation summary on Monday, that she has recently disavowed making at least some of those statements to Director Skinner. In any event, to the extent you have reason to question the accuracy of her report to Mr. Skinner, or whether she asserts she never made it all, because the report Director Skinner received about alleged sexual harassment about a fellow ASA is the same topic about which i am being inquired, I would ask that the office consider the import of her denial of making such claims to Director Skinner in determining what weight to give her claims about me. Of course, i hasten to add that her report about her interaction with me is certainly not one encompassing ?sexual ha rassment? and certainly not within the framework of the of?ce?s policy. Concerning the statements i am alleged to have made to Security Officer Stephanie Thomas, here is my best recollection. 3 Prior to reading the investigative summary report on Monday 5/22/17, I did not even know this security officer's name. Once i read her observations, i know who she ls. encounter Officer Thomas several times a week, when she is assigned the post at the employee entrance, as I am coming and going. In the. ?rst several weeks of my employment, I stopped and had a conversation with her about how many people were on duty in security, as i would like to bring them all a Ba lunch one day. She commented how nice that would be and, as I was leaving, said something to the effect of have a good day ?boyfriend?. I responded OK "girlfriend?. Most days, as I was coming and or going and she was on post, she would say be careful boyfriend or have a good day boyfriend. I often responded in the same manner and I?m sure on occasion said the same to her before she could say it to me. Officer Thomas was the one who started this banter, and, of course nothing nefarious was ever meant by this kidding. In fact, after being employed for a month or so, my wife came up to meet me for lunch one day and I introduced Officer Thomas as my office girlfriend and she called me boyfriend in front of my wife. Recently, I was moving some boxes up to my office from the loading area outside of security on the first floor. encountered Officer Thomas in the hallway by the elevator and it was obvious she was not her normal upbeat smiling self. I ask if everything was OK, as I had not seen her in a week or so, and she said no. She then got teary eyed and explained to me that her mother had just passed away, she had just returned to work, and how hard the death was on her. She talked about how hard it was on her family. We had a brief discussion on losing loved ones and I shared with her about my own mother?s passing several years ago and how difficult It had been on our family. She was obviously having a very hard emotional time during this conversation, trying to hold back from crying, and I recall asking her if she needed a hug, to which she said yes, and i gave her a brief hug. I shared with her that I would be keeping her and her family in my prayers. As i was walking away I said something to the effect ofthere will be lots of hugs and kisses when you see her later, or again. i never in anyway indicated I wanted to meet her later or kiss her and have no idea how she could have not understood that I was referring to the afterlife, when she would see her mom again. I would certainly like to apologize to Officer Thomas if I did not make myself clear when I, was trying to offer words of condolence about the passing of her mother. Concerning the interviews done in this matter with female staff members I regularly interact with, here . is my best recollection. Regarding the statement by Executive Assistant Angela Judah that she felt I had invaded her personal space. There have been numerous occasions, when Mrs. Judah has been seated at her desk and when she has been seated at my desk, where I have stood next to her, as she was working on issues and or teaching me things about the computer. During these times, I have stood close to her in order to look over her shoulder at what she was showing me on the computer screen. i certainly never meant to make her feel uncomfortable. She has been a tremendous asset as I learned my way around the of?ce computer system and, given the opportunity, I would like to apologize to her ifl made her uncomfortable in any way. However, I am puzzled somewhat as to how such customary of?ce interaction would be misconstrued. I don?t recall from my review ofthe summary on Monday that any other female staff members interviewed felt I spoke or acted inappropriately. They did all seem to confirm what I referred to above about complimenting people on their attire. I would like to note that, since my employment on February the 1St of this year, I have had the occasion . to be alone in offices and conference rooms with numerous female coworkers who have not been interviewed as part of this inquiry. Some of these encounters have lasted as few as two or three minutes and others have lasted up to a half hour. I do not believe any of these coworkers would fairly allege that I did or said anything inappropriate. Some ofthese coworkers are: ASA Erin Perry, ASA Elizabeth Hernandez, Director Meredith Charbula, Office Administrator Kim Balance, Monica Bain, Karen- Eakin, Patsy Meeks, Director Lisa Page, Lisa Foreman, Susan Worley, Fiscal Director Summer Sonson, Judy Vaughn, FBI Agents Lauren and Abbigail Beccaccio. The female coworker have spent the . most alone time with is Investigator Christi Petrie. Investigator Petrie and have spent many hours together alone in a vehicle conducting both mobile and stationary surveillance. I have reviewed the office?s policy on sexual harassment, and, to the best of my knowledge do not see how any of the accusations, even if they were accurate, could be fairly viewed as any transgression of that policy. I take note that in the office policy Section R, Titled Policy to Prohibit Sexual Harassment, the 2nd paragraph reads as follows ?If you encounter this type of behavior from anyone, inform the alleged ha rasser that the behavior is unwelcome and report the incident(s) to the appropriate authority as outlined In the above grievance procedure.? Prior to being called to your of?ce and placed on administrative leave, no person mentioned in this inquiry has in anyway communicated to me that they were offended by my words or actions. Thank you. 5/24/17 l\ "g VERIFICATION - 1, Scott Lancaster, being duly sworn, state that I have read the foregoing and know the contents thereof, and I have personal knowledge that the facts recited therein are true and correct to the best of my information, knowledge, and belief. . {aw/W Lancasterv STATE OF FLORIDA COUNTY OF CLAY BEFORE ME, the undersigned Notary Public, personally appeared, Scott Lancaster, personally known to me to be the person described herein, and who, after being ?rst duly sworn, did execute the foregoing and acknowledged before me that he did so for the purposes stated therein. WITNESS MY HAND and Official Seal at Orange Park, Clay County, Florida this. I C2 i day ofMay, 2017. Af?ant Known Produced ID Type of ID ems. c. Public :5 Commission GG 21 653?: My Commission Expires WSW August23, 2020 I CONFIDENTIAL INVESTIGATION FOR TIM QUICK May 22, 2017 INTERVIEW OF SCOTT LANCASTER Total time on tape 00:01:27 (Transcription begins 00:00:01 00:01:27) MALE: LANCASTER: 00:30 LANCASTER: 01:03 LANCASTER: MALE: LANCASTER: MALE: 01:27 It?s May 22, 2017. it?s approximately five minutes of three. Present in the deposition room are Scott Lancaster, Tim Quick, Miriam Nelson, and Steve Siegel. Mr. Lancaster prior to turning on the tape recorder I provided you the summaries of witness interviews that have been conducted and you had an opportunity to review those witness summaries? That is correct. And based upon your review of the witness summaries, one of the reasons I asked you'here today or provided you an opportunity to come in today was to answer questions or to be interrogated and what is your choice in going forward? Uh, my preference would be to, um, wait and provide a written statement either tomorrow or at the latest one Wednesday, um, concerning the facts and circumstances around this allegation, and I appreciate the opportunity being afford me to, um, to respond to these allegations. And after I provide the written statement I?ll certainly be available to come in either for a sworn statement or to swear to the statement as I provided in writing. Um, that?s fine. I don?t have any further questions. Do you have any questions of me? Uh, no, sir. Thank you for your time. Okay. Thank you. END OF Page 1 of 1 Siegel, Stephen ("rom: . Jent: To: Siegel, Ste hen subject: I think this was the meeting. Original Sent: To: ML 0k Sent from my. iPhone ?wrotez? Yes, I have court Thursday at 2 but could meet with her at 3. >To Subject: Can yall meet with ?on Thurs or Fri afternoon? State Attorney?s Office Judicial Circuit Notice of Employment Status (Non?Attorney Staff) hereby acknowledge that pursuant to Florida law, I am an at?will employee who serves at the pleasure of the State Attorney. further acknowledge that in accordance with the Florida Pay" Plan, 1 am not included in the State of Florida Career Service System during my tenure with this of?ce. I also understand that by accepting employment with this Of?ce, have a three year employment commitment to the State Attorney?s Of?ce, i agree that annual leave is an award, not an entitlement. Consequently, if my employment is terminated, either voluntarily or involuntarily, before I complete three years of employment with this Of?ce, the following will be the annual leave payout subject to approval of the State Attorney: (1) Employed full-time less than 1 year no annual leave payout; (2) Employed full-time 1 year, but less than 2 years leave payout of 1/3 of remaining annual leave balance; (8) Employed full?time 2 years but less ?than 3 years leave payout of 2/3 of remaining annual leave balance; (4) Employed full-time 3 or more years leave payout of 100% of remaining annual leave balance. Employee Signature: Printed Name: A 6771?! 2Q W7, 17/ 5 $25 Date: R:\Business Of?ce PrivatelI??FonnsWew Hire\Notioe of Employment Status 2 new - Stat?doc OATH 0F LOYALTY STATE OF FLORIDA COUNTY OF DUVAL IQ citizen of the State of Florida and of the United States of America, and being employed by, or an of?cer of, the State Attorney, and being the recipient of public funds as such employee or of?cer, do hereby solemnly swear- oraf?rm, that I will support the Constitution of the United States and the State of Florida. The foregoing document was acknowledged before 11 this ?0 day of inNl/A?kk K2 .5 5T who is not personally known to me but produced License Number 3 identification and ta et IS oat th Signatur 72. Notary Printed Name @451, MONICAR. BAIN ?le/w cm7?7 SIG-NATU RE FF 216406 Bonded 1m: TWY 9?04 Commission Expires: 2? WV Empires April 27. 2019 mm? momma State Attorney?s Of?ce 4th Judicial Circuit Employee Acknowledgment of Receipt I have received a copy of each of the following items and have, or will, familiarize myself with the contents of each: 1 State Attorney?s Of?ce Employee Information Guide Employee Identi?cation Policy (contained in Employee Information Guide) _4?ware Policy Statement (contained in Employee Information Guide) Manual Employees Rights and Responsibilities ?mt/Drug Test Policy and Procedures tate Attorney?s Contact Websites for Employee Information Employment - (version 10.1.2013) m/E-mail and Records Retention (version 10.1.2013) Against Fraudulent, Unethical and Dishonest Acts - (version 10.1.2013) 6/16 oti?cation of New Health Insurance Market Place Coverage Options And Your Health Coverage l430P Utilization Report I understand that as a condition of employment, I must abide by these policies. Employee /27 Printed Name: 4m g/?g Date: WM 7 44 $22 Justice Administrative Commission Employee Privacy Indicator Questionnaire" Florida law protects certain personal information for some positions and employees who fill those positions. Please refer to the specific statutory authority to see If you your spouse, or your child are entitled to an exemption and which information is protected. There is no statutory exemption from public records for an employee? 3 salary. What information is protected is dependent on the statutory exemption under which the employee falls. By completing the attached questionnaire, you can determine if any of the exemptions apply to you. Please complete, sign and date, and return the form to your Human Resources Office for processing. PLEASE CIRCLE WHETHER THE EXEMPTION APPLIES TO YOU DIRECTLY OR WHETHER YOU ARE THE SPOUSE, CHILD, OR DEPENDENT OF THE PERSON TO WHOM THE EXEMPTION ATTACH ES. I am, or am the spouse or child of, an active or former employee of the Department of Children and Family Services whose duties include the investigation of abuse. neglect, exploitation, fraud, theft, or other criminal activities. Section 119.071 F.S. I am. or am the spouse or child of, an active orfonner employee of the Department of Revenue, or local government whose responsibilities include revenue collection and enforcement or child support enforcement. Section 119.071 F.S. am the spouse or child of, an active or former sworn law enforcement employee, including a correctional 7 er or a correctional probation of?cer. Section 119.071 PS I am, or am the Spouse or child of, a ?re?ghter certi?ed in compliance with s. 633.35, F.S. Section F.S. i am, or am the Spouse or child of, an active or former justice of the Supreme Court, district court of appeal judge, circuit court judge, or county court judge. Section F.S. CI i am, or am the spouse or child of, an active or former state attorney, assistant state attorney, statewide prosecutor, or assistant statewide prosecutor. Section F.S El I am, or am the spouse or child-of, a general magistrate, special magistrate, judges of compensation claims, administrative law judges of the Division of Administrative Hearings. or child support enforcement hearing of?cers. Section ESthe Spouse or child of, an active or former human resource, labor relations, or employee relations director, assistant director, manager, or assistant manager of any local government agency or water management district whose duties include hiring and firing employees, labor contract negotiation, administration, or other personnel- -re ated duties. Section 119071 (4)(d)the spouse or child of, an active or former code enforcement officer. Section F.S. CI i am, or am the spouse or child of, an actiVS or former guardian ad iitem, as de?ned in 3. 39.820. F.S. Section F.S. i am. or am the spouse or child of. an active or former juvenile probation of?cer, juvenile probation supervisor, detention superintendent, assistant detention SUperintendent, senior jUVeniie detention officer, juvenile detention officer supervisor, juvenile detention of?cer, house parent i or ii, house parent supervisor, group treatment leader, group treatment leader supervisor, rehabilitation therapist, or social services counselor of the Department of Juvenile Justice. Section F.S. Revised: 4/20-16 l/ [Ii Requires the individual to provlde a written statement that he or she has made reasonable efforts to protect such i am, or am the spouse or child of, an active or former public defender, assistant public defender, criminal con?ict and civil regional counsel, or assistant criminal con?ict and civil regional counsel. Section F.S. I am, or am the spouse or child of, an active or former investigator or inspector of the Department of Business and Professional Regulation. Section F.S. I am, or am the spouse or child of, a county tax collector. Section 119.071 F.S. I am, or am the spoUse or child of, an active or former employee of the Department of Health whose duties include, or result in. the determination or adjudication of eligibility for social security disability bene?ts, the investigation or prosecution of complaints ?led against heaith care practitioners, or the inspection of health care practitioners or health care facilities licensed by the Department of Health. Section F.S. I am, or am the spouse or child of, an actiVe or former employee of the Department of Health whose duties are to support the investigation of child abuse or neglect. Section PS. i am, or am the spouse or child of, an active or former impaired practitioner consultant retained by an agency or current or former employees of an impaired practitioner consultant whose duties result in a determination of a person?s skill and safety to practice a licensed profession. Section F.S. i am. or am the Spouse or child of, an active orformer personnel employed in an agency's office of inspector general or Internal audit department whose duties Include auditing or investigating waste, fraud. abuse, theft. exploitation, or other activities that could lead to criminal prosecution or administrative discipline. Section 119.071 2.0, F.S. I am. 'or am the spouse or child of, an active or former United States attorney, assistant United States attorney, Judge of a United States Courts of Appeal. United States district judge, or United States magistrate judge. Section 1 19.071 F.S. I am, or am the Spouse or dependent of, a current or former member of the Armed Forces of the United States, a reserve component of the Armed Forces of the United States, or the National Guard, who served alter September 11, 2001. Section 119.071 (5)09 2., F.S. 1 DO NOT qualify for any of the exemptions above at this time. information from being accessible through other means available to the public. if you checked one or more of the boxes above but you want your information published anyway, sign your name here: I certify the above information is true and correct to the best of my knowledge. Date: If you are avictim of sexual battery, aggravated child abuse, aggravated stalking, harassment, aggravated battery, or domestic violence, you may request in writing that your home or employment telephone number, home or employment address, or personal assets be exempt from disclosure. The request must be writing and the exemption will terminate 5 years after the receipt of the request. You must include of?cial veri?cation that an applicable crime has occurred. [see 3. 119.0710), 12.3.] Revised: 4/2016 STATE ATTORN EY Fourth Judicial Circuit of Florida Ed Austin Building 311 West Monroe Street Jacksonville. Florida 32202-4242 Tel: (904) 255-2500 MELISSA W. NELSON STATE ATTORNEY Fax: (904) 255?2942 Application for Employment EQUAL EMPLOYMENT AFFIRMATIVE ACTION EMPLOYER DRUG FREE WORKPLACE - WE DRUG TEST The State Attorney?s Office does not discriminate on the basis of race, color, national origin, sex, religion, age or disability in employment or the provision of services. IF YOU HAVE A DISABILITY THAT REQUIRES TO PARTICIPATE IN THE APPLICATION PROCESS, PLEASE LET US KNOW. DATE: ?7 PERSONAL: Kan/cm?g steam 5m? Last Name First a Middle Business Phone Have you ever applied for employment with the State Attorney?s Office? Yes No If yes, month and year': Position desired: Clerical Investigator (Sworn Law Enforcement Only) Pay expected: [:jFuIInme [:Ipart'rime :lSummer [:jimemship (UNPAID) When will you be available to begin work? 52,1?? ?7 How did you learn'ofour organization? List names of relatives or friends working for Us: gm ?md Paralegal Prosecution Support Specialist Victim Advocate SELECTIVE SERVICE SYSTEM REGISTRATION: All males between the ages of 18 and 26 must be registered with the Selective Service System or exempted IF YOU ARE A MALE BETWEEN THE AGES OF 18 AND 26, DO YOU HAVE PROOF OF REGISTRATION WITH THE SELECTIVE SERVICE SYSTEM OR EXEMPTION FROM SUCH Yes No MILITARY SERVICE RECORD: Were you in the United States Armed Forces? Yes gNo If yes, what branch? Dates of Duty: .From To Type of Discharge: Employment Application - General Rev. Jan 2017 EDUCATION: High School Your name while attending school, If different from the application. Name of School: Loca?on: Graduated: Yes No Course of study: if NOT high school graduate, do you have an equivalency diploma? Yes No (GED, night school, etc.) . What special courses have you taken? Co?ege Your name while attending school. If different from the application. 4/ Pu??f' ?Jamar/5W Name ofSchooI: mli?ws'g?f? Location: gar/$0 i?m - g/a? I a a Last year attended: I 94:53 Graduated: Yes No Course of study MIC Trade School Your name while attending school. if different from the application: Certificate: Name of School: Location: City State Graduated: I: Yes No Dates attended: Course of study: WORK HISTORY: List in order, last or present empioyerfirst. Resumes are acceptable for the description of duties and responsibilities. All other Information in this section must be completed. Present or Last Employer: Name, Address and Telephone Number of Employer: (52 If! if? (0/939 Ave. Adam 5/ 32/? 7 Employment Dates. From 90, To ?If/9 X009 Supervisor's Name: ?2 It: ?fs?C?A What position did you hold? if [-40 ?uff?(a ?ea? Speci?c duties and responsibilities: 05 UV JV) an! 7 Reason for leaving: We? ?17 Employment Application - General 2 Rev. Jan 2017 1 Pas Em to t: i. Name. Address and Telephone Number of Employer: 7 fag?? 36/ N- ?re9:7 31,449}! .3 I I Employment Dates: From 0 #39 3 To ME 5" Supervisor's Name: [Ml] What position did you hold? 55 e4: 4 Specific duties and responsibilities: .1, 2. Name, Address and Telephone Numbe Employment Dates: From I Supervisor's Name: What position did you hold? hit/5M) Specific duties and responsibilities: Reasonforieavlng: 47/?4? 43:;th or 0 of Employer: - . KNOWLEDGE SKILLS List you possess and believe relevant to the position you seek, suoh as operating heavy equipment, computer skills, fluency in languages, etc. M44 (?4.51ng ?mum; Imx 6.5 CITIZENSHIP: The State of Florida hires only us. citizens and lawfully authorized alien workers. If a conditional offer of employment is made, you will be required to provide identification and proof of citizenship or authorization to work in the United States. Are you legally eligible for employment in the United States? Yes No EXEMPTION FROM PUBLIC RECORDS DISCLOSURE: Are you. a current orformer law enforcement officer, other employee" or the spouse or Yes No child of one, who Is EXEMPT from public records disclosure under 119.07. Other COVere'd jobs include: Correctional and correctional probation of?cers, ?refighters, certain judges, assistantstate attorneys, state attorneys, assistant and statewide prosecutors, personnel of the Department of Revenue or local government whose responsibilities include revenue collection and enforcement or child support enforcement, and certain investigators In the Department of Children and Families [see 119.07, F. 3 Rev. Jan 2017 Employment Application - General The Office of the State Attorney is a criminal justice agency within the definition of 943.05, Florida Statutes. Therefore, employees/officers must report adult criminal history information regardless of whether such record has been sealed or expunqed. Please complete the following in Ink: HaVe you ever been arrested for a crime, felony or a misdemeanor? l' . if 'yes", on what charges? Have you ever been convicted of a felony or a misdemeanor? i:lYes ?nd if "yes", on what charges? What was the sentence? Where convicted? Date of conviction: Have you eVer pied Noio Contenders, pled guilty or had adjudication ofguilt withheld :]Yes ?rm for a crime, felony or misdemeanor? if "yes", to what charges? What was the sentence? Where convicted? Date of conviction: NOTE: A "Yes" answer to these questions will not necessarily bar you from employment. The nature, severity, and date of the offense in relation to the position for which you are applying will be cons/dered. i, .asacondition ofemployment, hereby authorize the Office of the-State Attorney to request the Florida Department of Law Enforcement to conduct a background check. i am aware that any omissions, faisiflcations, misstatements, or misrepresentations above may be grounds for disciplinary action, up to and including dismissal. Additionally, i understand that i must disclose to my immediate supervisor any future arrests and/or convictions or adjudications of?guiit withheld which may occur during my tenure with the Of?ce, and that failure to do so may result in disciplinary action, up to and including dismissal. Signature: . Date: 4/3'j7 Employment Application - General 4 Rev. Jan 2017 ?x CERTIFICATION: I HEREBYCERTIFY that all statements made on this application are true. correct and complete to the best of my knowledge. I understand that if employed, any misstatement or omission of fact on this application shall be considered cause for dismissal. I give the Employer the right to investigate all references and to secure additional information about me. ifjob related. I hereby release from liability the Employer and its representatives for seeking such information and all other person's, corporations or organizations for furnishing such Information. I understand that all employees of the State Attorney's Office are employees?at?wili. Both the employee and the State Attorney's Office haVe the right to terminate employment at any time for any reason. p?m (5205;7? I (?57/7 Signature Date EEO SURVEY: The following information is requested to aid the State Attorney?s Office in its commitment to Equal Employment Opportunity and Affirmative Action. The information is used solely to help us comply with EEO reporting requirements. a. SEX: [ZIMaie Female b. DATE OF BIRTH: 0. RACE: (Checkb?one only) White (not Hispanic or Latino) I: Black or African American (not Hispanic or Latino) I: Hispanic or Latino I: Native Hawaiian or Other Pacific Islander {notHispan/c or Latino) - Asian (notHispan/corLatino) American Indian or Alaskan Native (not Hispanic or Latino) Two or More Races (not Hispanic or Latino) Employment Application - General 5 Rev. Jan 2017 EMPLOYEE INFORMATION GUIDE FOURTH JUDICIAL CIRCUIT DUVAL, CLAY AND NAHAU COUNTIEI This Guide is designed to answer general questions you may have about the State Attorney?s Of?ce regarding standards and policies. The State Attorney?s Of?ce Manual is also available to all employees. We hope this guide will assist you in meeting the standards we have set for our of?ce. Nothing in this guide is intended to create a contract of any kind between the SAC and the employee. All employees are at~will. Both the employee and the SAC have the right to terminate employment at any time for any or no reason. EMERGENCY TELEPHONE NUMBER: In the event of an emergency that results in this of?ce being closed, you may receive our ?ent information by calling 63 0-2200. Code of Conduct for State Attorney?s Office Fourth Judicial Circuit Introduction The public expects, and has a right to demand, that public employees maintain ahigh standard of ethical conduct. Maintaining the trust of the public means employees properly using government resources, information and power. It means ensuring that the public sector serves the public. It me ans putting public interest before self interest. It means operating by the rules, the laws and guidelines which are designed to protect the public interest. Fair, Equitable and Impartial Decisions and Procedures Fairness requires that your decisions be honest, frank and impartial. Equity requires that each individual be given his/her due everyone deserves a fair go. Con?ict of Interest If you find that you have some personal, ?nancial or other interest that might affect, or may be seen to affect the way you perform your of?cial duties, you must discuss the situation with your supervisor and take whatever action management decides is necessary to avoid a con?ict of interest. Patronage andNepottsm is Unacceptable You should treat all staff and applicants fairly. Do not favor your friends or relatives. Any appointments should be merit based, and legislative requirements should be strictly adhered to. Declare any con?ict of interest to your supe1visor. 1? our O??iciul Position is (1 Position ofPublt'c Trust - Beware of GmsABribeslBene?ts/Tavors Do not compromise the public good by seeking private gain. You must not use your of?cial position to seek or obtain any ?nancial or other advantage for yourself, your family or any other person or organization. This includes soliciting or accepting gifts, rewards or bene?ts which might compromise your integrity. Report any offers of gifts, etc. to your supervisor. Accepting or Seeking Outside Work You should seek approval from your supervisor and the administrative committee before you engage in any additional paid employment, occupation or business outside this of?ce. You should not seek to gain any commercial advantage from information gained during the course of your employment in the public sector. Do not violate the trust placed in you as a public employee. Using Public Money, Property, Goods or Resources Be effective and ef?cient in your use of all public resources. That is, do not waste or misuse these resources use them only for approved purposes. Public Comment Take care before making any public comments particularly if you are involved in policy formulation or if you are providing advice on the implementation or administration of policy. Check on your agency?s procedures on who can and can?t make of?cial public comment and seek authorization from the State Attorney before commenting to the media on any'issue which is sensitive to policy making or to political processes. Ensure that you always make a clear distinction between your personal views and of?ce policy. Con?dential Information Be scrupulous in your use of of?cial information. Ensure that you know about and satisfy the con?dentiality provisions. Ensure that the privacy of individuals is maintained and only release personal information in accordance with of?ce principles and the - Freedom of Information Act. Accept Diversity - No Discrimin ction and Harassment Members of the public and fellow employees are entitled to courtesy, consideration and fair and equitable treatment. Discrimination against people on the basis of sex, sexuality, marital status, pregnancy, race, physical impairment, intellectual impairment or age is illegal. Sexual harassment is unacceptable - avoid both direct and indirect discrimination in your treatment of individuals and in the services which you deliver. Do not use your o?icial position to harass or oppress another person. Time Sheets in SAMS Logon to the intemet (deubIe-click Intern Explorer icon) Type the following web address in the address box: and select enter. Two options come upv?choose the option on the left for ?web access?-?this will bring up the login screen. Reduce the screen and copy the web address by highlighting it and click on your keyboard. Then reduce go to your computer desktop, right click and select ?new? and then select ?shortcut.? This will bring you to the shortcut options menu?in the Option to locate the location of the program, use on your keyboard and it will paste the Web address in the blank ?eld. Then you name the icon and select Finish. You should then have the SAMS time sheet icon on your desktop Hours: Monday Friday, 8:00 am.~ 5:00 pm. Hours may vary depending on the needs of the department. Please ask your supervisor about working hours. All employees must ?ll out an electronic time sheet. These sheets must be submitted to your supervisor. Time sheets must re?ect actual hours worked. Brea Its/Lunch: Two ?fteen minute breaks are allowed: one in the morning, one in the afternoon. No breaks should be taken after 11 am. and after 4 pm. Breaks cannot be accumulated or used to make up time. Lunch hours are one hour and should be completed by 2:00 pm. Please ask your supervisor about scheduled lunch times. Pay Period: The pay period is the first working day of the month through the last working day of the month. Paychecks are mandatory direct deposit and pay stubs will be distributed to your supervisor the last working day of the month. Orientation Period: All new full?time employees, excluding lawyers, are completing an orientation period for six months. During this time, employees begin accruing sick and annual leave. Accrued sick and annual leave may be used during the probationary period, but strongly discouraged. An employee who does not complete their probationary period forfeits any payment of awarded annual leave credits. Once it is depleted, any further absence will be leave without pay and the employee will owe a payback the following month. Confidentiality: Employees of the SAC are bound by the same code of ethics as legal staff. Everything you know about a case is con?dential information. Do not discuss of?ce matters with anyone. No one is to be shown a SAO ?le without authorization, with the exception of Probation and Parole of?cers showing proper ID. Breaching con?dentiality is a serious matter subject to dismissal. Sick leave: All full-time personnel accrue 8 hours and 40 minutes of sick leave per month for each full calendar month of employment. Sick leave may be used for: employee's personal sickness, injury or disability, and doctor or dental appointments. Employees may use up to thirteen (l 3) days (104 hours) of their accrued sick leave per calendar year to cover an absence due to an immediate family member's illness, or doctor or dental appointments, when the employee's presence with the immediate family member is necessary. If you are out sick you must call your immediate supervisor each day by 8:05 AM. If you have no accumulated sick leave'and are out sick, the time will be taken from your available armual leave if you so desire. If you have no sick leave or annual leave and are out sick, you will be placed on leave without pay and will owe a payback the following month. All use of sick leave (doctor, dental appointment, etc.) requires a written or computerized leave request slip approved by your supervisor. If you resign or retire with less than ten (10) years State service, you forfeit your accumulated sick leave. However, if you resign or tetire with ten (10) years or more State service, you shall be paid one-fourth of all unused sick leave, up to 480 hours. Conversion of sick to annual leave will be an incentive option for those employees who take fewer than six (6) days sick leave during the calendar year. An employee who has used no sick leave during the leave year and has been employed for the full leave year may have converted, on the ?rst day of the succeeding leave year, six (6) days of sick leave to annual leave. Employees who have used sick leave during the leave year and have been employed for the full leave year may have sick leave converted to annual leave as follows: .- "Days 0; 5;ch if)? (3L nverit??i to. nnualgLeavo? ~33. . 31Sick Leave Pool: To join the pool you must have been employed with the State for at least one year and have at least 64 hours of sick leave accumulated. A sick leave transfer plan is also available. Annual Leave: All full-time employees who are in established positions shall earn annual leave as shown in the following table: 8 hours 40 minutes 10 hours Fourth through Ninth year 13 hours 20 minutes Ten years 16 hours 40 minutes Annual leave credits may be accrued in excess of 360 hours during the year, but should be used by the end of the calendar year. If excess leave is not used by December 3 lst, the State Attorney my elect to pay? the employee for hours (or a pmtion of hours) in excess of 360, if funds are available, or my allow the excess leave to be converted to sick leave on an hour for hour basis. The excess leave may also be forfeited if the State Attorney does not authorize one of the above listed options. All use of annual leave requires a written or computerized leave request approved by your supervisor. . Extended annual leave of a week or more should be approved by your supervisor at minimum of ten days in advance. ?x Annual Leave Transfers/Accruals (*Sec Addendum - Page 14) An employee with no break in state service may be entitled to utilize previous State service in determining higher accrual rates for annual leave credit. Annual and sick leave transfeis (full or paitial) from another State agency for an employee with no break in service will be decided on a case-by?case basis. A former state employee with less than a one-year break in service may accrue higher annual leave credits up on the commencement of the length of time of the break in service. a state employee with a six?month break in service may accrue higher annual leave credit upon their six-month anniversary with the SAO.) A former state employee with more than a one-year break in seivice may accrue higher annual leave credits upon their one-year anniversary with the SAC. A properly signed certi?cation is required Parental and Family Medical Leave: (FMLA) An eligible employee shall, upon written request, be granted a leave of absence without pay for up to twelve weeks for the following purposes: a) Birth or adeption of a child. b) For a serious health condition that makes the employee unable to perform their job. . c) To care for the employee?s spouse, son, daughter, or parent who has a serious health condition. Employees who have been employed with the Of?ce for at least twelve (12) months and who have worked at least 1,250 hours in the previous twelve (12) months are eligible to take up to twelve (12) weeks of unpaid Family Leave within any twelve (12) month pe1 10d and will be restored to the same or an equivalent position upon retum from leave subject to the following: A. An employee employed by this State Attorney's Of?ce for at least two consecutive years prior to the ?rst day of requested family leave, is allowed a maximum of 16 weeks of family leave. Employees in this category will guy be allowed an additional four weeks of family leave (beyond the 12 weeks allowed under the FMLA) if they have enough annual leave to cover the additional four weeks of leave. B. An employee employed by this State Attorney's Of?ce for at least four consecutive years prior to the ?rst day of requested family leave, is allowed a maximum of 16 weeks of family leave, whether or not they have awarded annual leave available. If any employee does not have a total of 16 weeks awarded leave available, the extra leave must be unpaid leave. When applicable, Family Leave runs concurrently with Medical Leave and any paid leave used during the Medical Leave. The entire SAO FML Policy is located on the local share drive in the Of?ce Manual. Nothing in this section of rules shall supersede or mitigate the actual benefits provided under the FMLA of 1993. Administrative Leave Court: An employee who is summoned as a member of a jury panel shall be granted administrative leave for the time required ?'om such duty. An employee subpoenaed as a witness in a court or administrative hearing, not involving personal litigation or service as a paid expert witness, shall also be granted administrative leave with pay. In both cases any witness fee shall be retained by the employee. The State Attorney's Of?ce shall not reimburse the employee for expenses. An employee subpoenaed in line of duty to represent the State Attorney?s Of?ce shall not be granted administrative leave as this is considered part of the employee's job assigmnent. The employee shall be paid per diem and travel expenses and shall be required to turn over to the State Attorney?s Of?ce any fees received from the Court. Death in Immediate Family: An employee, upon request, shall be granted up to three 4 (3) days of administrative leave with pay for the death of any member of the employee's immediate family. Immediate family is de?ned as the spouse, parents or step?parents, brothers or step-brothers, sisters or step?sisters, children or step-children, grandparents or step-grandparents, and grandchildren or step?grandchildren of both the employee and the spouse. Holidays: The following holidays shall be observed by this of?ce. New Year's Day, Martin Luther King, Jr's Birthday, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday After Thanksgiving, Christmas Day. Additional holidays may be granted by the State Attorney in accordance with the county?s holiday schedule which results in the closing of the courthouse. Evaluation Support staff must have an evaluation done at the completion of the six month orientation period. Promotions and special pay increases may require separate evaluations. An annual evaluation is done on all staff members by their immediate supervisor. Employees shall have the opportunity to review and comment on their evaluation reports, which are then made a permanent part of the employee's ?le. Ifyou disagree with your performance evaluation, a space is provided for your comments. Raises: Legislative increases are governed by the legislature and are given across-the- board to all employees. Merit increases are governed by appropriated funds and are based upon performance. Promotions/Transfers: Promotions are based onjob performance, skills and attendance. Please discuss transfers with your Supervisor. Decisions will be evaluated on the basis of serving the interests of the employee and the organization. Disciplinary Action: . Under normal circumstances employees have an opportunity to receive warnings concerning inappropriate behavior. The following are types of disciplinary action that may be taken: 1. Verbal Warning: For a minor problem, the Supervisor and/or Lead Worker may elect to give only a verbal warning. 2. Written Warning: For more serious or repeated offenses, the Supervisor will issue a written warning. The matter will be discussed with the employee and the employee will be given a copy of the warning. The employee will be asked to sign the original cOpy of the warning to indicate that the matter has been discussed'with them. The original copy of the warning will be placed inthe personnel ?le of the employee. 3. Employee Assistance Program: If a discipline problem continues, the supervisor has the option of recommending that the employee seek counseling through the Employee Assistance Program (BAP). Up on proper signed release, the EAP will provide the of?ce a written or oral summary statement of the employee's status so that the employee's work performance can be accurately assessed. Employees who are compelled to attend BAP counseling due to a disciplinary problem may be granted administrative leave if the counseling session cannot be scheduled during non-working hours. 4. Leave with Pay: This is a good faith effort on the part of the of?ce assuring that the employee has been given every reasonable opp ortunity to correct a problem. The employee is given a day off with pay and instructed to spend that time making a ?nal decision about his/her ability to abide by of?ce standards. The employee is to report to work the following day and submit their corrective action plan in writing to the Unit Supervisor, Administrative Committee, and HR Director. Ifthe employee chooses to continue working, but does not correct the problem, dismissal will result. Other options available in the corrective action process are: S. Probation: Prior to a Supervisor placing an employee on probation, they must receive the approval of the Administrative Committee. This will be for a designated period, during which time the employee will be expected to improve his/her conduct or work performance. If the conduct or work performance is improved, the Supervisor will send written notice to the Administrative Committee and HR Director stating the improvement, and request that the employee be taken off probation. The employee will then return to normal employment status. If adequate improvement is not noted, the employee will be terminated. Any leave taken during this probation period will be leave without pay. 6. Suspension: This will be for a designated period of time, according to the gravity of the situation and at the discretion of the Administrative Committee. A written record concerning the suspension will be placed in the employee's personnel ?le. The employee will be suspended without pay. Examples of common grounds for disciplinary action: Habitual tardiness, excessive absenteeism. Unexcused absence such as failure to notify the supervisor, or giving reasons which are less than compelling in the judgement of the supervisor. Leaving the job during working hours without proper authorization. Constant mistakes due to carelessness. Engaging in inappropriate behavior for a professional business environment. Refusal to work overtime without a reasonable, compelling personal reason. (The decision as to whether a reason is compelling rests with the immediate supervisor) .Excesslve use of telephones for person! calls. Malicious gossip about other employees or the of?ce. Use of profane, obscene language and/or ethnic slurs. Wasting time, loa?ng on the job. Insubordination, which is de?ned as deliberate refusal to follow appropriate orders, disrespectful conduct toward supervisor or the undermining of supervisory authority. Abusive, intimidating language or actions toward another person. Discrimination against another employee because of ethnic background, race, sex, age, religion, national origin or handicap. Sleeping on the job during working hours. Sexual harassment of another employee. Reporting to work and/or working while under the in?uence of alcohol and/or drugs. Falsifying personnel records or other office records. Sabotage of of?ce property or equipmentdestruction or misuse of State Attorney equipment (including motor vehicles) or causing bodily injury due to carelessness. Fighting on of?ce time or property. Threatening or striking another person. Use or possession of illegal substances such as marijuana and/or other drugs. Disclosure of con?dential information. Accessing con?dential information without a valid "need-to-know" reason rests with the management of the of?ce. Conducting personal business on of?ce time or by using of?ce facilities. Arrests and/or convictions for municipal ordinances, misdemeanors, or felonies. Keep in mind that these are examples only and not all inclusive. Based upon the seriousness of the violation, immediate dismissal may be warranted. Support Staff Grievance Procedure: From time-to-time problems or grievances arise. The best way to solve grievances is to bring them out in the open and discuss them frankly, person? to-pcrson with the other party or your immediate supervisor. If you have a grievance, your supervisor will make every effort to deal with it fairly and without recrimination. It is your right and privilege to process your grievance through the following steps of our grievance procedure: If you do not receive a satisfactory answer or settlement of your grievance from your Unit Supervisor you may submit your grievance, in writing, to the Administrative Committee and HR Director with a copy to your personnel ?le. A meeting will be scheduled within ?ve (5) working days, with all parties involved to resolve the matter. If the matter cannot be resolved among all parties, the Administrative Committee will request a meeting with the Chief Assistant within ?ve (5) working days.? All parties shall be present at this meeting to resolve the matter and the decision of the Chief Assistant will be ?nal.* In the event of the absence of any party, the amount of days may be extended. Policy to Prohibit Sexual Harassment: In accordance with Section 703, Title VII of the Civil Rights Act of 1964, sexual harassment of our employees will not be tolerated. The following are grounds for disciplinary action: Unwelcome sexual advances. Requests for sexual acts or favors. Abusing the dignity of an employee through insulting or degrading sexual remarks or conduct. Threats, demands, or suggestions that an employee?s work status is contingent upon her or his toleration of or acquiescence to sexual advances. Retaliation against employees for complaining about such behavior. Filing a false complaint of sexual harassment. If you encounter this type of behavior from anyone, inform the alleged harasser that the behavior is unwelcome and report the incident(s) to the appropriate authority as outlined in the above grievance procedure. If it is inappropriate to follow the grievance procedure, go directly to the Chair of Administrative Committee. This is the preper and required course. Instigating or spreading rumors among co-workers of alleged sexual harassment is damaging and does not solve the problem. All complaints will be handled and con?dentially. corrective action, up to and including discharge, may be taken to remedy all violations of this policy. We want all employees to know that they are not required to endure insulting, degrading or exploitative treatment. Outside Employment: Outside employment may be permissible if it does not constitute a con?ict of interest with your duties. Also, the number and schedule of hours cannot interfere with your responsibilities to the State Attorney?s Of?ce. Your supervisor must be noti?ed of any outside employment. You must also get approval from the Administrative Committee before accepting outside employment. Employees Attending School: All employees, full-time, part-time or OPS must give their Supervisor written notice of their school hours each semester. If there is a con?ict between work and school, we will make every effort to adjust to the schedule but the demands of the of?ce come ?rst and employees must be available when needed. Political Activity: Political activity must be con?ned to the employee?s own 13% time. The employee is prohibited from using State time, equipment, or supplies in any political efforts. Safety and Accident Prevention: Observe all safety rules and regulations. Use common sense. Keep your work area clean and do not leave things on the ?oor that could cause someone to slip and fall. If you are injured on the job, notify your supervisor and the HR Director immediately, even if the injury is minor. All employees should familiarize themselves with the fire escape routes that are posted throughout the of?ce. Overtime: Support Staff (included positions able to earn overtime). Overtime is defined as the hours of actual work required to be performed by an employee in excess of 40 hours of actual work during the established work week which runs Monday through Sunday. Overtime shall be compensated in accordance with the following provisions: An employee who is in an included position will be granted compensatory leave at a rate of one and one-half hours the employee's actual hours worked in excess of the normal work week. The 10 supervisor must oversee and approve compensatory leave. A support staff employee ?lling an excluded position may be granted up to eight hours of compensatory leave credits per month based on an hour-for~hour basis which must be taken the month in which it is earned. Compensatory leave shall be used before annual and/or sick leave are used. Compensatory leave should be taken within a twelve-month time frame. Dress: It is the intent and goal of the State Attorney that this of?ce be run in a professional and digni?ed manner at all times and earn the confidence of the public not only with our performance but also our appearance; It is imperative that everyone working for the State Attorney's Of?ce present a professional appearance to the public and the legal community. A professional appearance embodies many things, including speech, manner in dealing with people, and personal grooming. Clothing appropriate for wear during regular o?ice hours include a variety of garments allowing for individual preferences and taste; however, there are types of apparel which are completely inappropriate for work in a professional organization. Some examples are: 0 Clothing that is too casual blue jeans, any slacks that are of a "j can" design, stirrup pants, leggings, stretch pants, jumpsuits, shorts, T-shirts, knit "polo Type" tops designed for sports activities or casual wear, etc.) Casual shoes sneakers, boat shoes, bedroom slippers, and slides) are completely inappropriate for a professional of?ce. Comfortable shoes should be worn. Clothing that is too tight or too revealing is also inappropriate sundresses; short shirts; cut-out, low?cut, or ultra?sheer blouses and dresses; tight slacks, shirts, and sweaters, etc.) 0 Hair should be well groomed. Good personal hygiene is essential. This dress code is designed to minimally intrude into your personal choices and then only to the extent necessary to achieve the above goals. In return you are requested to use sound judgment and common sense with the above guide to assure compliance with these goals. Supervisors are expected to personally adhere to the dress code and set the example for their employees. In addition, supervisors have the authority to send an employee back home if the employee is not dressed accordingly. Violations of the dress code constitute proper cause for disciplinary action. State Property: Employees shall not use state?owned property for personal use. Unauthorized removal of property from the premises is also prohibited. Either Will be considered cause for dismissal. State property issued to an employee must be returned upon termination. Telephones: Please answer telephones and courteously with the words ?State Attorney?s Of?ce this is. . Personal calls must be held to aminimum. Do not make personal long distance calls, if you must, bill them to your home number. If you have a telephone repair problem, please notify your supervisor. To dial a Suncome telephone number use 881 and then 11 dial the number. Our Sn ncom number pre?x is 986. Please use this long distance number for dialing other Florida governmental agencies. W?d Information: It is imperative that you notify your supervisor of any change in name, marital status, address or telephone numbers. You must change this information with the Business Of?ce on your W?d. Any changes that effect your insurance coverage must be made within 39 days of the event on will have to wait until the next open enrollment (September- October). Resignation: It is requested that employees give a two-week notice should they wish to tender their resignation and the employee mu st work the last day of hisfher employment. This is encouraged in order to allow time to ?nd a suitable replacement. Criminal Activity: All employees of the 8A0 are held to the highest standard of ethical conduct. Ifyou have a question about what ma}r be construed as questionable behavior, please discuss it with your supervisor. We are also in positions that could potentially result in a con?ict of interest relating to a criminal matter. If any employee, an employee?s relative, roommate or signi?cant other is (1) arrested for a crime (2) a victim of a crime (3) involved as a listed witness in a serious crime or (4) noti?ed that they are a suspect in a criminal investigation, the employee must immediately notify the Chief Investigator through the completion of an incident Report. Failure to dis close the above information may;? result in disciplinary action up to said including termination. An meldent rep o1t form may be obtained from the Chief Investigator or the business of?ce. The Chief Investigator will begin an investigation of the incident and report to the State Attorney as is necessary. The employee?s employment status will he reevaluated at the completion of the investigation. If it is determined that the employee did not personally engage in any conduct detrimental to this office, the Incident Report will not be placed in the reporting employee?s personnel lilo. FOR ADDITIONAL INFORMATION ON ANY OF THESE SECTIONS, SEE THE FPAA PERSONNEL RULES AND REGULATIONS, IN THE BUSINESS OFFICE. 12 EMPLOYEE IDENTIFICATION BADGE POLICY The State Attorney's Of?ce issues photo identi?cation Badges to all employees at no cost to the employee. Employee Identi?cation Badges are the property of the State Attorney's Of?ce and may be revoked or suspended at anytime. Misuse of the ID Badge while on or off duty may result in disciplinary action. It is the responsibility of the department head, division chief or designee to control the issuance, replacement and retrieval of employee ID Badges when an employee's status changes. In addition, a Badge will be issued to all Law Enforcement Officers and Prosecutors. These items are issued for identification purposes only and are the property of this of?ce and must be returned upon termination of employment. New Employees All new State Attorney's Of?ce employees are issued ID Badges during New Employee Orientation. Each employee is required to present a valid photo ID (driver?s license) and Social Security Number for identify veri?cation. The 1D Badge may be worn: 1. On a chain or other holder around the neck except when working around equipment or machinery. 2. Clipped or pinned to the upper left or right breast pocket of a shirt or jacket. 3. Attached to a belt. Lost/Stolen Badge Replacement An employee whose 1D Badge has been lost or stolen must immediately report the loss to his/her supervisor and apply for a replacement ID Badge. A replacement ID will be issued upon presentation of the completed Identi?cation Badge Replacement Application Form and a valid photo ID to the Human Resources Division. The form must have the signature of the employee's division/department head or a designated representative to verify the employee?s current status. Damaged Badge Replacement Damaged ID Badges will be replaced upon presentation of the damaged badge, the completed Identi?cation Badge Replacement Application Form, and a valid photo ID to the Human Resources Division. The form must have the signature of the employee's division/department head or a designee to verify the employee's current status. Employee Transfers A new employee ID Badge may be issued when an employee transfers from one department/division to another, or to a different work location, upon presentation of the old badge, the completed Identi?cation Badge Replacement Application Form, and a valid photo ID to the Human Resources Division. The form must have the signature of the employee's division/department head or designee to verify the employee's current status. Employee Terminations l3 An employee must return the State Attorney's Of?ce issued ID Badge upon termination of employment. The Human Resources Director is responsible for retrieving ID Badges ?'om terminated employees. Software Policy Statement 1. The SAC purchases or licenses the use of copies of computer software from a variety cf outside companies. This Agency does not own the copyright to this software or its related documentation and, unless authorized by the software developer, do es not have the right to reproduce it for use on more than one computer. 2. With regard to use on local area networks or on multiple machines, employees shall use the software only in accordance with the license agreement. 3. Employees learning of any misuse of software or related documentation shall notify the Executive Director. 4. According to the US. Copyright law, illegal reproduction of software can be subject to civil damages of as much as $100,000 per work copied, and criminal penalties, including ?nes and imprisonment. Employees who make, acquire or use unauthorized copies of computer software shall be disciplined as appropriate under the circumstances. Such discipline may include termination. The SAC does not condone the illegal duplication of software. 5. This policy is in addition to any existing state and/or federal laws governing computer software. Our Web Site: l4 Addendum to Page 6 Annual Leave TransferslAceruals Annual leave is considered an award, not an entitlement. If employment with this Of?ce is terminated (either voluntarily or involuntarily) by any Assistant State Attorney withintln'ee (3) years of their hire date, any unused annual leave will be forfeited. All other employees will be subject to the following leave payout schedule: (1) Employed less than 1 year no annual leave payout; (2) Employed 1 year, but less than 2 years leave payout of 1/3 of remaining annual leave balance; (3) Employed 2 years but less than 3 years leave payout of 2/3 of remaining annual leave balance; (4) Employed 3 or more years leave payout of 100% of remaining annual leave balance, but not to exceed 360 hours. 15 .x .5. fr wp i lab.? I STATE ATTORNEY OFFICE MANUAL FOURTH JUDICIAL CIRCUIT OF FLORIDA DUVAL, CLAY AND NASSAU COUNTIES The policies and information contained in this manual are updated periodically. If any employee is unsure if a policy in this manual is accurate as written please contact the business office. SECTION 30 BUSINESS ADMINISTRATION 30.1 HUMAN RESOURCES The Human Resources (HR) Director handles all personnel records, insurance matters, employee bene?ts, payroll and matters related thereto. Any change in name, marital status, number of dependents, beneficiaries, address or phone number should be reported to your supervisor and the Business Office. A. PersonnelProceduresandPolicies The following are the administrative procedures and policies of the office: When openings occur on the professional staff or among investigative personnel, all applications for those positions should be referred directly to the State Attorney or the HR Director. The application will then be referred to the appropriate committee. Persons interested in all other support staff (paralegal, diversion, victim advocacy, administrative, clerical) employment opportunities with the office should first contact the HR Director to ascertain the procedures for obtaining an application. B. The number, classification and salary range of positions are determined by the Florida Prosecuting Attorneys Association (FPAA). The number of authorized positions are set by the Governor and Legislature. There must be an existing authorized vacancy before an applicant may be employed. In addition, we are authorized certain part-time positions which follow well?established guidelines. When a resignation occurs in a classification, those employees within the office in a lower classification are considered for promotion to fill the vacancy. If, however, we are unable to ?ll the vacancy in this manner, interviews will be arranged for all interested applicants. An orientation program will be given to all new support employees in order to familiarize them with the functions of each division of our agency. Training The Unit Supervisor will be primarily responsible for training new employees in'their division. The HR Director and the Administrative Committee will be responsible for developing an overall training strategy for clerical staff. This will include training both new employees, in~service training for current employees and cross?training by Unit SUpervisors. omceManuaIM Rewsed: 7I29l 0 30"] Resignation It is requested that employees give a two~week notice should they wish to tendertheir resignation and the employee must work the last day of his/her employment. This is encouraged in order to allow time 'to find a suitable replacement. Temporary (OPS) workers may be employed as needed. They fill no authorized position, earn no annual or sick leave, and are paid on a contractual basis. Temporary staff are not included in FRS retirement or State insurance plans. All new full?time employees, excluding lawyers, are on probation for six months. C. RecordKeeping These responsibilities are discussed below and are not intended to be a complete analysis of all responsibilities of the HR Department. Additional memoranda will be forthcoming should the need arise. HR is responsible for the maintenance of all employee records; the constant monitoring and updating which is necessary; and to control and disseminate information applicable to fringe benefits so that everyone is aware of the benefits they have, the cost of those benefits, and those which they do not have but are available. HR maintains up to date job descriptions for all positions authorized. An analysis of positions and salary cost is to be maintained by this department. The HR Director assists with budgeting and Affirmative Action/Equal Employment Opportunity reporting, drug testing, and administering the Employee Assistance Program. it is the responsibility of the HR department to check every direct deposit or payroll warrant to insure it is correct before any distribution is made. Direct deposit is mandatory for all permanent full~time employees. The HR Department is always open to all employees who have questions concerning their paychecks, fringe benefits, or any other personnel related matter. D. AffirmativeAction The State Attorney's Office Affirmative Action Plan provides, without exception, . equal employment opportunity to all citizens and complies fully with the letter and spirit of the nondiscrimination provision of local, state and federal rules, regulations, ordinances, laws and executive orders. This equal employment opportunity plan has been and will continue to be implemented throughout the Office ofthe State Attorney to insure that any artificial or real forms Of?ceManuaLw Revised: 7/29! 0 30?2 of discrimination or preferential treatment, if found to exist, are abolished. The policies of the State Attorney strictly prohibit anyone from excluding a person or persons from employment, appointment, training, recruitment, promotion, retention, or subjecting them to discipline or any other action because of religious opinions or affiliations, or on the grounds of national origin, race, color, sex, religion, age, marital status or physical disability. The Affirmative Action Plan is a part of the administrative regulations of the State Attorney's Of?ce. The written statement of the plan is available to all employees in the of?ce of the HR Director and a copy of the statement will be made available to any employee. The HR Director shall serve as the Affirmative Action Officer. As such, the HR Director is the designated recipient of complaints arising under and pursuant to the plan. To insure compliance by this office and its staff, to both the provisions and the spirit of equal employment opportunity, the HR Director is delegated the authority to implement the program by the State Attorney. The State Attorney is ultimately responsible for supervising the plan to insure its effectiveness. E. CodeofConduct The public expects, and has a right to demand, that public employees maintain a high standard of ethical conduct. Maintaining the trust of the public means properly using government resources, information and power. It means ensuring that the public sector serves the public. it means putting public interest before self interest. It means operating by the rules, the laws and guidelines which are designed to protect the public interest. Fair, Equitable and Impartial Decisions and Procedures Fairness requires that your decisions be honest, frank and impartial. Equity requires that each individual be given his/her_due - everyone deserves a fair go. Conflict of interest if you find that you have some personal, financial or other interest that might affect, or may be seen to affect the way you perform your official duties, you must discuss the situation with your supervisor and take whatever action management decides is necessary to avoid a conflict of interest. 30?3 nus-..unm ml "Ad Patronage and Nepotism is Unacceptable You should treat all staff and applicants fairly. Do no favor your friends or relatives. Any appointments should be merit based, and legislative requirements should be strictly adhered to. Declare any con?ict of interest to your supervisor. Your Official Position is a Position of Public Trust - Beware of Gifts/BribeslBenefits/Favors Do not compromise the public good by seeking private gain. You must not use your official position to seek or obtain any ?nancial or other advantage for yourself, your family or any other person or organization. This includes soliciting or accepting gifts, rewards or benefits which might compromise your integrity. Report any offers of gifts, etc. to your supervisor. Accepting or Seeking Outside Work You should seek approval from your supervisor before you engage in any additional paid employment, occupation or business outside this office. You should not seek to gain any commercial advantage from information gained during the course of your employment in the public sector. Do not violate the trust placed in you as a public employee. Using Public Money, Property, Goods or Resources Be effective and efficient in your use of all public resources. That is, do not waste or misuse these resources - use them only for approved purposes. 'Public Comment Take care before making any public comments particularly if you are involved in policy formulation or if you are providing advice on the implementation or administration of policy. Check on your agency's procedures on who can and can't make official public comment and seek authorization from the State Attorney before commenting to the media on any issue which is sensitive to policy making or to political processes. Ensure that you always make a clear distinction between your personal views and office policy. Confidential Information Be scrupulous in your use of official information. Ensure that you know about and satisfy the SAO's confidentiality provisions. Ensure that the privacy of individuals is maintained and only 30?4 Mnnl?qmrol rm. release personal information in accordance with office principles and the Freedom of Information Act. Health and Safety You must take reasonable care to protect your own health and safety and the health and safety of others. You must use any equipment provided for health and safety purposes and obey any reasonable instruction which the employer gives in relation to health and safety. Accept Diversity - No Discrimination and Harassment Members of the public and fellow employees are entitled to courtesy, consideration and fair and equitable treatment. Discrimination against people on the basis of sex, sexuality, marital status, pregnancy, race, physical impairment, intellectual impairment or age is illegal. Sexual harassment is unacceptable - avoid both direct and indirect discrimination in your treatment of individuals and in the services which you deliver. Do not use your official position to harass or oppress another person. F. Criminallnvolvement Employees of the State Attorney's Office are held to the highest standard of ethical conduct. Questions about what may be construed as questionable behavior, should be discussed with your supervisor. lfany employee, an employee's relative, roommate or significant other is (1) arrested for a crime, (2) a victim of a crime, (3) involved as a listed witness in a serious crime or (4) notified that they are a suspect in a criminal investigation, the employee must immediately notify the Chief investigator, through the completion of an Incident Report. Failure to disclose the above information may result in disciplinary action up to and including termination. An incident report form may be obtained from the business office or from the Chief Investigator. The Chief Investigator will immediately begin an investigation of the incident and report to the State Attorney and Chief Assistant State Attorney as is necessary. The employee's employment status will be reevaluated at the completion of this investigation. If it is determined that the employee did not personally engage in any conduct detrimental to this of?ce, the Incident Report will not be placed in the reporting employee's personnel ?le. 30-5 \unri 30.2 OFFICE POLICIES A. As new policy is made or changes occur, such information will be disseminated by means of a memorandum to all employees. 3 HQUE The State Attorney's Office is open from 8:00 AM. until 5:00 P.M., Monday through Fnday. C. Attendance The State Attorney's Office relies on and values the work of its employees every day in order to meet the goals of the Office and the needs of the community. Excessive absenteeism and lateness can adversely affect the Of?ce's high standard of productivity, and ability to serve its clients. Employees are expected to come to work every day on time. Therefore, the Office has established standards so that all staff will know exactly what is expected of them. The use of leave time within the initial six months of employment is strongly discouraged. D. AnnualLeave Annual Leave that has been awarded to an employee can be utilized for the employee?s absences. Annual Leave is considered an award. If an employee terminates his/her employment prior to the completion of the employee's orientation period, the employee will forfeit all awarded Annual Leave. Further Assistant State Attorneys who fail to fulfill their four (4) year commitment to the Office shall forfeit all awarded Annual Leave, unless the State Attorney specifically waives this clause due to exceptional circumstances. Continuous and creditable Service 2 years 8 hours and 40 minutes Third year 10 hours Fourth through Ninth year 13 hours and 20 minutes Ten years 16 hours and 40 minutes 1. Awarded annual leave credits maybe maintained in excess of 360 hours during the year, but should be used by the end of the calendar year. If excess leave is not used \un? r? by December Btst, the State Attorney may elect to pay* the employee for hours (or a portion of hours) in excess of 360, if funds are available, or _m_ay allow the excess leave to be converted to sick leave on an hour for hour basis. The excess leave may also be forfeited if the State Attorney does not authorize one of the above listed options. *(If this option is chosen, any sick leave converted to annual leave will be reconverted, whether used or not, prior to calculation of any payment.) An employee may be paid for unused annual leave upon terminal separation from the State Attorney's Office. In no case shall an employee receive a terminal annual leave payment for more than 360 hours except in case of death of an employee. In addition, no employee shall receive benefit (use and/or payment) of annual leave in excess of 360 hours within 30 days of termination (including retirement) of said employment except when the leave is specifically approved in writing by the State Attorney in advance. 2. The State Attorney may designate up to 5% of authorized positions to a senior management level for the purpose of annual leave accrual. In lieu of accrual, these employees will receive 240 hours of annual leave and 120 hours of sick leave each January tst. These designated employees may be paid for up to 480 hours of terminal annual leave. These specifically designated senior management positions are not related to senior management retirement. 3. All use of annual leave requires a written or computerized leave request approved by your supervisor. Extended annual leave of a week or more should be approved by your supervisor a minimum of ten days in advance. 4. Transfers from other agencies - an employee with no break in state service may be entitled to utilize previous state service in determining higher accrual rates for annual leave credit. Annual and sick leave transfers (full or partial) from another state agency for an employee with no break in service will be decided on a case-by?case basis. A former state employee with less than a one?year break in service may accrue higher annual leave credits upon the commencement of the length of time of the break in service (Le, a state employee with a six-month break in service will accrue higher annual leave credit upon their six-month anniversary with the SAC). 30?7 Ot?ceMamalM/Dd ?awn? A former state employee with more than a one?year break in service may accrue higher annual leave credits upon their one-year anniversary with the SAC). Former employees of county or city government are not eligible to transfer sick or annual leave to the SAC nor are they eligible for higher annual leave accrual rates based on their length of service with county/city government. E. Sickleave All full?time personnel are awarded 8 hours and 40 minutes of sick leave per month for each full calendar month of employment. Sick leave may be used for: employee's personal sickness, injury or disability, and doctor or dental appointments. Employees may use up to thirteen days (104 hours) of their awarded sick leave per calendar year to cover an absence due to an immediate family member's illness, Or doctor or dental appointments, when the employee's presence with the immediate family member is necessary. Immediate family is defined as the spouse, parents or step?parents, brothers or stepbrothers, sisters or step~sisters, stepchildren, grandparents or step?grandparents, and grandchildren or children or step?grandchildren of both the employee and the spouse. When you are out sick you must call your immediate supervisor each day by 8:05 AM. if you have no accumulated sick leave and are out sick, the time will be taken from your available annual leave if you so desire. Leave without pay is allowed for use with the Family Medical Leave Act qualifying events, in emergency situations or at the discretion of the State Attorney. if you haveno sick leave or annual leave and are out sick, you will need to contact the Business Office immediately. All pl_an_n? use of sick leave (doctor, dental appointment, etc.) requires a written or computerized leave request slip approved by your supervisor. Sick leave of three days or more requires a written doctor?s note upon your return to the office. If you resign or retire with less than ten (10) years State service, you forfeit your accumulated sick leave. However, if you resign or retire with ten (10) years or more State service, you shall be paid one-fourth of all unused sick leave, up to 480 hours. 1. Conversion of sick to annual leave will be an incentive option for those employees who take fewer than six (6) days sick leave during the calendar year. . 30-8 Of?ceManuai.wpd fur-? An employee who has used no sick leave during the leave year and has been employed for the full leave year may have converted, on the first day of the succeeding leave year, six (6) days of sick leave to annual leave. Employees who have used sick leave during the leave year and have been employed for the full leave year may have siCK leave converted to annual leave as follows: Days of Sick Leave Used Days Converted to Annual Leave FamilvMedicalLeave Employees may take Medical Leave for any of the following reasons: (1) to care for the serious health condition of a spouse, son, daughter, or parent; or (2) becauseof the employee's own serious health condition which renders the employee unable to perform an essential function of his/her position. As used in this Section, a serious health condition means an illness, injury, impairment, or physical or mental condition that involves: inpatient care in a hospital, hospice, or residential care facility; or continuing treatment by a health?care provider COUpled with incapacitation for three (3) or more days. 1. Medical Leave Employees who have been employed with the Office for at least twelve (12) months and who have worked at least 1,250 hours within the previous twelve (12) months are eligible to take up to twelve (12) weeks of unpaid Medical Leave within any twelve (12)-month period and will be restored to the same or an equivalent position upon return from leave. When applicable, Medical Leave runs concurrently with Family Leave and any paid leave used during the Medical Leave. Employees may take Family Leave for any of the following reasons: (1) the birth and care of a newborn son or daughter; or (2) the placement of a son or daughter with the employee for 30?9 MmManualwod adoption or foster care. Family Leave must be completed within the twelve (12)-month period beginning on the date of birth or placement. 2. Family Leave Policy Employees who have been employed with the Office for at least twelve (12) months andwho have worked at least 1,250 hours in the previous twelve (12) months are eligible to take up to twelve (12) weeks of unpaid Family Leave within any twelve (12) month period and will be restored to the same or an equivalent position upon return from leave subject to the following: a. An employee employed by this State Attorney?s Office for at least two consecutive years prior to the first day of requested family leave, is allowed a maximum of 16 weeks of family leave. Employees in this category will o_nly be allowed an additional four weeks of family leave (beyond the 12 weeks allowed under the FMLA) if they have enough annual leave to cover the additional four weeks of leave. b. An employee employed by this State Attorney?s Office for at least four consecutive years prior to the first day of requested family leave, is allowed a maximum of 16 weeks of family leave, whether or not they have awarded annual leave available. If any employee does not have a total of 16 weeks awarded leave available, the extra leave must be unpaid leave. When applicable, Family Leave runs concurrently with Medical Leave and any paid leave used during the Medical Leave. 3. Requesting Leave To be eligible for Family or Medical Leave, an employee must provide his/her Supervisor and the HR Director with reasonable notice of an intention to take leave, if possible. Reasonable is defined as thirty (30) days in advance when the leave is foreseeable. If leave is unforeseeable, the employee should notify his/her supervisor within two (2) business days of when the need becomes known to the employee. Failure to provide such notice may be grounds for delay of leave. Additionally, if an employee is planning a medical treatment, the employee 30-10 Of?ceManualmpd Revised: 7129110 much consult with the Office first regarding the dates of such treatment. Employees who wish to request for Family or Medical Leave must send an e?mail or written request to the HR Director. 4. Use of Leave Family/Medical Leave is unpaid leave. However, if an employee requests Family/Medical Leave, the employee shall use any awarded Annual, Sick, Converted Sick or Compensatory Time during the unpaid Family/Medical Leave. Leave without pay will be allow once all awarded leave has been exhausted. The amount of Family/Medical Leave available to an employee will be determined by calculating the amount of Family and/or Medical Leave which the employee has used in the twelve (12) month. period preceding the requested leave. 5. Intermittent and Reduced Schedule Leave Leave because of a serious health condition may be taken intermittently (in separate blocks of time due to a single health condition) or on a reduced leave schedule (reducing the usual number of hours worked per workweek or workday) if medically necessary. lf the need for intermittent leave is foreseeable based on planned medical treatment, the employee is responsible forscheduling the treatment in a manner that does not unduly disrupt operations and is subject to approval. If leave is unpaid, the Office will reduce the employee's salary based on the amount of time actually worked. In addition, while an employee is on an intermittent or reduced schedule leave, the employee may temporarily be transferred to an available alternative position that better accommodates the employee and which has equivalent pay and bene?ts. 6. Medical Certification Employees who are requesting leave because of their own or a covered relation's serious health condition must supply an appropriate medical certification from their health-care provider. Employees may obtain Medical Certification Forms from the HR Department. When an employee requests leave, the HR Director will notify the employee of the requirement for medical certification and when it is due (at least fifteen (15) days after Of?ceManual.\ Revised: 7/291 0 30?1 1 requesting leave). If an employee provides at least thirty (30) days notice of medical leave, the employee should also provide the medical certification before leave begins. Failure to provide requested medical certification in a timely manner may result in denial of leave until it is provided. The Office, at its expense, may require an examination by a second health-care provider designated by the Office if it has reason to question the medical certification initially provided. If the second health-care provider?s opinion conflicts with the original medical certification, the Office, at its expense, may require a third, mutually agreeable, health?care provider to conduct an examination and provide a final and binding opinion. The Office may require subsequent medical re?certification. Failure to provide the requested certification within fifteen (15) days, when practical, may result in delay of further leave until it is provided. The Office may request re-certi?cation in the case of pregnancy, chronic conditions, or permanent/long-term conditions under the supervision of a health?care provider every thirty (30) days or at any reasonable interval. 7. Medical and Other Benefits While employees are on Family/Medical Leave, their health benefits will be maintained under any group health plan in which they are currently enrolled. However, employees must continue to pay their share of the premium during the leave period. Generally, unless an employee has been designated as a key employee among the highest paid 10% of all employees), employees have a right to return to their same position or an equivalent position with equivalent pay, benefits and working conditions at the conclusion of the leave. Taking Family/Medical Leave will not result in the loss of any benefit awarded prior to the start of the leave. if an employee does not return to work following Family/Medical Leave for a reason other than: (1) the continuation, recurrence, or onset of a serious health condition which would entitle the employee to Family/Medical Leave; or (2) other circumstances beyond the employee's control, the employee may be required to reimburse the Office for its share of health insurance premiums paid on the employee's. behalf during the Family/Medical Leave. 8. Reporting While on Leave if an employee takes leave because of his/her own serious health condition or to care for a covered relation, the employee must contact the Office on a fourteen (14) day 30-12 Of?ceManual. Revised: 7/23331 - .. .- basis regarding the status of the condition and the employee's intention to return to work, unless otherwise agreed upon. In addition, the employee must give notice as soon as practical (within two (2) business days if feasible) if the dates of leave change or are extended or initially were unknown. 9. Returning From Leave If an employee takes Medical Leave because of his/her own serious health condition (except if taking intermittent leave), the employee is required to provide medical certification that he/she is fit to resume work. Employees may obtain Return to Work Medical Certification Forms from the HR Department. Employees failing to provide a certi?cation to return to work from their health-care provider will not be permitted to resume work until it is provided. 10. in cases of extraordinary circumstances, the State Attorney may consider deviation from this policy upon written request by the employee. In these circumstances, the overall impact on the operations of the State Attorney's Office will be considered when determining if ?a deviation from this policy is appropriate. An employee may, upon request, be granted leave without pay for reasons other than those provided in this Section for a period not exceeding twelve (12) calendar months, provided the State Attorney deems such leave to be justified and not detrimental to the operations of the State Attorney's Office. Upon return from leave of absence, the employee shall be returned to the same position or a different position in the same class and same work location. G. Eligible Employees: Employees who have worked for their employer for at least 3 months priorto the commencement of the leave are eligible to take up to 3 days of leave in a 12- month period for one or more of the following circumstances: 1. The employee or the employee?s family or household member is a victim of domestic Violence. 2. . A family or household member is defined as a current or former spouse, persons related by blood or marriage, persons residing together as if a family, or persons who are parents of a child in common. With the exception of persons who have a child in common, the ?family or household members" must be currently residing or have in the past resided in the same 30?1 3 Nunnuqmml unnri single dwelling unit. The leave may be used for one of the following reasons, for the employee to: a. Seek an in injunction for protection against domestic violence. b. Obtain medical care or mental health counseling to address injuries resulting from an act of domestic violence. c. Obtain services from a victim-services organization as result ofthe act of domestic violence. d. Make the employee?s home secure from perpetrator or to seek new housing to escape the perpetrator. e. Seek legal assistance or prepare for and attend court-related proceedings arising from the act of domestic violence. Advanced notice of the leave is required, except in cases of imminent danger to the employee or of the family or household member. When leave is requested based on an employee, family member, or household member being a victim of domestic violence, the employee must provide sufficient documentation of the act of domestic violence. Accrued paid leave provided by an employer will be substituted for unpaid Domestic ViolenceiEmployee Leave Act as follows. Paid leave that qualifies for Domestic ViolenceiEmployee leave Act includes: Paid Time Off 6 Extended Medical Leave The employee must use all accrued paid time off and additional leave concurrently with Domestic ViolenceiEmplovee Leave Act, and the employer will notifyr the employee as to whether any accrued leave of absence will apply. Paid leave counts toward the up to 3 days total in 12 months as required to the Act. H. Milita?Leave Of?ceManual.wpd 30"1 4 For active military or reserve duty, a copy of your orders should be presented to the State Attorney for approval. Such leave shall be in accordance with the rules and regulations of the FPAA. l. DisabilityLeave Disability Leave with pay: An employee who sustains a job?connected disability that is compensable under the Worker's Compensation Law shall be carried in full pay status for a period not to exceed the 1 calendar days immediately following the injury or for a maximum of 40 work hours if taken intermittently without being required to use accrued leave credits. If the employee receives Worker's Compensation benefits for this period of leave with pay, the employee shall reimburse the State Attorney's Office the amount of the benefits. Such reimbursement shall not include payments for medical, surgical, hospital, nursing, or related expenses, or lump?sum or scheduled payments of disability losses. If, as a result of the job connected injury the employee is unable to resume work at the end of the period the employee may elect to use accrued sick, compensatory, or annual leave in an amount necessary to receive salary payment that will increase the Worker's Compensation payments to the total salary being received prior to the occurrence of the disability. In no case shall the employee's salary and Worker's Compensation bene?ts exceed the amount of the employee's regular salary payments. if the employee elects not to use accrued leave or after the employee has exhausted all awarded leave the employee shall revert to normal Worker's Compensation benefits. J. CornpulsoerisabilityLeave A State Attorney or his/her designee who believes that an employee is unable to perform assigned duties due to illness or injury may require the employee to submit to a medical examination by a physician named and paid by the agency. if the medical examination confirms that the employee is unable to perform assigned duties, the State Attorney or his/her designee shall place the employee on compulsory disability leave. At the time the State Attorney or his/her designee determines that the employee is to be placed on compulsory disability leave, the employee shall be notified in writing of the duration of the mandatory leave period and the conditions underwhich the employee will be allowed to return to the position. The employee who is placed on compulsory disability leave shall be required to use any awarded leave credits prior 30~15 t" No. . to being placed on leave without pay. If the employee does not have sufficient leave credits to cover the period of compulsory disability leave, the State Attorney or his/her designee may place the employee on leave without pay for a maximum of?l calendar days. lfthe?employee is unable to work at the end of the mandatory leave period, based on a current medicalcertification, the State Attorney or his/her designee may: 1. Approve an extension of the 30 days leave without pay; or 2. Upon written request by the employee, place the employee on leave without pay; or 3. Request the employee's resignation for reasons of inability to perform assigned duties; or 4. Dismiss the employee for cause based on inability to perform assigned duties. K. AdministrativeLeave 1. Jury Duty ~An employee who is summoned as a member ofajury panel shall be granted administrative leave for the time required from such duty. An employee subpoenaed as a witness in a court or administrative hearing, not involving personal litigation or service as a paid expert witness, shall also be granted administrative leave with pay. In both cases any witness fee shall be retained by the employee. The State Attorney's Office shall not reimburse the employee for expenses. An employee subpoenaed in line of duty to represent the State Attorney's Office shall not be granted administrative leave as this is considered part of the employee'sjob assignment. The employee shall be paidper diem and travel expenses and shall be required to turn over to the State Attorney's Office any fees received from the Court. 2. Death in lmmediate Family An employee, upon request, shall be granted up to three (3) days of administrative leave with pay for the death of any member of the employee's immediate family. lmmediate family is defined as the spouse, parents or step?parents, brothers or step?brothers, sisters or step?sisters, children or step-children, grandparents or step?grandparents, and grandchildren or step?grandchildren of both the employee and the spouse. 30?16 Of?ceManuai. Revised: 7/29] 0 3. Educational Leave Educational leave with pay is leave granted to an employee by the State Attorney to attend a college, university, or training academy for one or more full academic periods for the purpose of receiving training that is clearly beneficial to the State Attorney?s Office. Enrollment in short courses, seminars, conferences, or less than full~time at a college, university, or training academy which is required as part of any employee's job shall not be considered educational leave, but shall be considered a part of the employee's work assignment. L. Holidays The following holidays shall be observed by this office: New Year?s Day Veterans Day Martin Luther King, Jr.?s Birthday Thanksgiving Day Memorial Day Friday After Thanksgiving Independence Day Christmas Day Labor Day Additional holidays may be granted by the State Attorney in accordance with the county's holiday schedule which results in the closing of the courthouse. M. TimeRecords Time sheets are a requirement of this office, be they electronic or in paper form. OPS personnel _njg_s_t turn in paper time sheets on a weekly basis to their supervisor who will submit them to the business office at the designated time. All permanent employees use an electronic time sheet system. Electronic time sheets must be submitted and approved by the supervisor on a basis. N. PavrollDeductions Permanent employees in the State Attorney's Office are paid on the last working day ofthe month. Certain payroll deductions are made from each employee's salary, to- wit: FICA taxes and withholding taxes based on the exemptions claimed. A few of the benefit options that are payroll deductible are: Deferred Compensation, Health Life Insurance, Dental Insurance, Credit Unions, Cancer Intensive Care Insurance, Automobile Insurance, Savings Bonds. A Flexible Benefits Plan was designed to give eligible State employees an opportunity to increase their take~home pay. Underthe Plan, payment for State Group Health and State Group Life Insurance, Dental, Supplement Hospitalization and some disability premiums and anticipated 30?17 Of?ceManual.wpd medical and dependent day?care expenses may be paid out of the employee's gross income before taxes. Participants will then be taxed on their adjusted gross income. 0. Evaluations Support staff must have an evaluation done at the completion of the six month orientation period. Promotions and special pay increases may require separate evaluations. An annual evaluation is done on all staff members by their immediate supervisor. Employees shall have the opportunity to review and comment on their evaluation reports, which are then made a permanent part of the employee's file. P. DisciplinaryAction Types of Disciplinarv Action: Under normal circumstances employees have an opportunity to receive warnings concerning inappropriate behavior. The following are types of disciplinary action that may be taken: 1. Verbal Warning: For a minor problem, the Supervisor and/or Lead Worker may elect to give only a verbal warning. 2. Written Warning: For more serious or repeated offenses, the Supervisor will issue a written warning. The matter will be discussed with the employee and the employee will be given a copy of the warning. The employee will be asked to sign the original copy of the warning to indicate that the matter has been discussed with them. The original copy of the. warning will be placed in the personnel file of the employee. 3. Employee Assistance Program: If a discipline problem continues, the supervisor has the option of recommending that the employee seek counseling through the Employee Assistance Program (EAP). Upon proper signed release, the EAP will provide the office a written or oral summary statement of the employee's status so that the employee's work performance can be accurately assessed. Employees who are compelled to attend EAP counseling due to a disciplinary problem may be granted administrative leave if the counseling session cannot be scheduled during non?working hours. 4. Leave with Pay: This is a good faith effort on the part of the office assuring that the employee has been given every reasonable opportunity to correct a problem. The employee is given a day off with pay and instructed to spend that time making a final decision 30?1 8 Af?nnuanu? about his/her ability to abide by office standards. The employee is to report to work the following day and submit their corrective action plan in writing to the Unit Supervisor, Administrative Committee, and HR Director. If the employee chooses to continue working, but does not correct the problem, dismissal will result. Other options available in the corrective action process are: 5. Probation: Prior to a Supervisor placing an employee on probation, they must receive the approval of the Administrative Committee. This will be for a designated period, during which time the employee will be expected to improve his/her conduct or work performance. if the conduct or work performance is improved, the Supervisor will send written notice to the Administrative Committee and HR Director stating the improvement, and request that the employee be taken off probation. The employee will then return to normal employment status. If adequate improvement is not noted, the employee will be terminated. Any leave taken during this probation period will be leave without pay.- 6. Suspension: This will be for a designated period of time, according to the gravity of the situation and at the discretion of the Administrative Committee. A written record concerning the suspension will be placed in the employee's personnel file. The employee will be suspended without pay. Habitual Tardiness. Excessive absenteeism. Unexcused absence such as failure to notify the supervisor, or giving reasons which are less than compelling in the judgment of the supervisor. Leaving the job during working hours without proper authorization. Constant mistakes due to carelessness. Engaging in inappropriate behavior for a professional business environment. Excessive use of telephones for personal calls. Malicious gossip about other employees or the office. Use of profane, obscene language and/or ethnic slurs. Wasting time, loafing on the job. lnsubordination, which is defined as deliberate refusal to follow appropriate orders, disrespectful conduct toward supervisor orthe undermining of supervisory authority. O?tceManualmrd 30_1 9 Revised: 7129/ 0 u?m? Abusive, intimidating language or actions toward another person. Discrimination against another employee because of ethnic background, race, sex, age, religion, national origin or handicap. Sleeping on thejob during working hours. Sexual harassment of another employee. (See R. Policy to Prohibit Sexual Harassment). Reporting to work and/or working while under the influence of alcohol and/or drugs. Falsifying personnel records, time sheets or other office records. Sabotage of office property or equipment. Destruction or misuse of State Attorney equipment (including motor vehicles) or causing bodily injury due to carelessness. Fighting on office time or property. Threatening or striking another person. Use or possession of illegal substances such as marijuana and/or other drugs. Disclosure of confidential information. Accessing confidential information without a valid "need-to?know" reason rests with the management of the of?ce. Conducting personal business on office time or by using office facilities. Arrests and/or convictions for municipal ordinances, misdemeanors, or felonies. Keep in mind that these are examples o_nly and not all inclusive. Based upon the seriousness of the violation, immediate dismissal may be warranted. I Q. SupportStaffGrievanceProcedure From time to time problems or grievances arise. The way to solve grievances is to bring them out in the open and discuss them frankly, person?to-person with the other party or your immediate supervisor. If you have a grievance, your supervisor will make every effort to deal with it fairly and without recrimination. It is your right and privilege to process your grievance through the following steps of our grievance procedure: If you do not receive a satisfactory answer or settlement of your grievance from your Unit Supervisor you may submit your grievance, in writing, to the Administrative Committee and HR Director with a copy to your personnel file. A meeting will be scheduled within five (5) working days, with all parties involved to resolve the matter. if the matter cannot be resolved among all parties, the Administrative Committee will request a meeting 30?20 Ol?ceManuai.wpd with the Chief Assistant within five (5) working days.** All parties shall be present at this meeting to resolve the matter and the decision of the Chief Assistant will be final.? in the event of the absence of any party, the amount of days may be extended. R. In accordance with Section 703, Title VII of the Civil Rights Act of 1964, sexual harassment of our employees will not be tolerated. The following are grounds for disciplinary ac?on: Unwelcome sexual advances. Requests for sexual acts or favors. Abusing the dignity of an employee through insulting or degrading sexual remarks orconduct Threats, demands, or suggestions that an employee's work status is contingent upon her or his toleration of or acquiescence to sexual advances. Retaliation against employees for complaining about such behavior. Filing a false complaint of sexual harassment. If you encounter this type of behavior from anyone, inform the alleged harasser that the behavior is unwelcome and report the incident(s) to the appropriate authority as outlined in the above grievance procedure. If it is inappropriate to follow the grievance procedure, go directly to the Chair of Administrative Committee. This is the proper and required course. lnstigating or spreading rumors among co?workers of alleged sexual harassment is damaging and does not solve the problem. All complaints will be handled and confidentially. Appropriate corrective action, up to and including discharge, may be taken to remedy all violations of this policy. We want all employees to know that they are not required to endure insulting, degrading or exploitative treatment. 8. DrugTestingPolicy It is the responsibility of the State Attorney's Office to take an active, forceful and leading role in the fight against illegal drugs. It is the position of the State Attorney that all employees in the office occupy "safety?sensitive positions" by virtue of the type of work performed by the State Attorney's Office. To accomplish our goal of a drug?free workplace and to maintain 30~21 Of?ceManuaimpd our credibility, we must initiate a broad?based effort, including not only vigorous and effective prosecution, but also education, prevention, and community involvement. Drug testing is a part of this effort. There is strong consensus developing that drug testing throughout society will deter drug use. Therefore, it shall be the policy of the State Attorney's Office that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace. As a condition of employment, all employees shall abide by the terms of this drug testing policy. Employees are required to notify the State Attorney's Of?ce in writing of any conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. The State Attorney's Office has instituted a broad-based drug testing pregram to the fullest extent allowed by law. Pursuant to this policy, the following people will be tested: 1. All new employees for any full-time or part-time, temporary (OPS), or permanent position within the office. Any employment is contingent upon a negative drug test. 2. All currentemployees of the State Attorney's Office - as set forth in Section of the Drug Testing Policy and Procedures Manual. The State Attorney's Office Drug Testing Policy and Procedures Manual is given to each new employee and job applicant who is tested. Any questions about the Drug Testing Policy should be directed to the HR Director. T. OutsideEnmglovment Outside employment may be permissible if it does not constitute a conflict of interest with your duties. Also, the number and schedule of hours cannot interfere with your responsibilities to the State Attorney?s Office. Your supervisor must be notified of any outside employment. You must also get approval from the Administrative Committee before accepting outside employment. U. PoliticalActivity Political activity must be confined to the employee's own free time. The employee is prohibited from using State time, equipment, or supplies in any political efforts. OfticeManual.w Revised: 7/29! 0 30-22 V. SafetvandAccidentPrevention Most accidents can be avoided. Observe all safety rules and regulations. Use common sense. Keep your work area clean and do not leave things on the floor that could cause someone to slip and fall. If you are injured on the job, notify your supervisor and the HR Director immediately, even if the injury is minor. All employees should familiarize themselves with the fire escape routes which are posted throughout the office. W. Solicitation Soliciting other employees for membership, contributions, funds, or other purposes, during the employee's working time, or at any other time if such solicitation interferes with other employees who are supposed to be working, is not permitted. The only exception to the above is that the SAC may authorize the solicitation of funds for recognized and established charities which bene?t the general community. X. Overtime Support Staff (included positions able to earn overtime) Overtime is defined as the hours of actual work required to be performed by an employee in excess of 40 hours of actual work during the established work week which runs Monday through Sunday. The only exception to the requirement of forty hours of actual work being performed before an employee can begin to earn overtime is the following: the support personnel on the Search Warrant List while working on specialized projects and those in Word Processing are eligible for overtime compensation for working beyond a regular eight-hour day or being called in on Saturday, Sunday or evening hours. In applying the overtime provisions of this chapter, every employee is designated as ?lling either an "included" or an "excluded" position. Overtime shall be compensated in accordance with the following provisions: An employee who is in an included position will be granted compensatory leave at a rate of one and one?half hours the employee's actual hours worked in excess of the normal work week. The supervisor must oversee andapprove compensatory leave. Paid overtime may only be granted with the approval of the Executive Director. 30-23 QmeMsnyal-MPS A support staff employee filling an excluded position may be granted up to eight hours of compensatory leave credits per month based on an hourafor?hour basis which must be taken the month in which it is awarded. Compensatory leave shall be used before annual andfor sick leave are used. Compensatory leave should be taken within a twelve-month time frame. All employees are considered eligible for overtime unless listed below. INELIGEBLE FOR OVERTIME COMPENSATION Assistant State Attorneys Executive Director Fiscal Legal Trainees Director i Ill Executive Auditor ll Secretary ill IV HR Administrator - IV Director Office Manager] ll Victim Services Director Investigator 8: investigators Section 207(k), FLSA provides a partial exemption. Premium overtime is paid for hours worked beyond 171 during a 28 day cycle. Other positions may be excluded as listed in the, FPAA plan. Y. FloridaRetirementS?tem All employees filling a full?time State of Fiorida position are under the Florida Retirement System. All contributions for this retirement plan are paid from appropriated funds of this office, not from the employee's salary. The Florida Retirement System is employee none contributory for regular, senior management, elected officials, and special risk members. The normal age for retirement benefits is g; with at least 6vearsservice. After 6 years of service, you may also retire before62 with benefits reduced by five percent for each year prior to the normal retirement age. You may retire after30years of service regardless of age, with full benefits. Sit-24 1. Special Risk Members Must have 10 years of special risk service and be age 55; or have 25 total years of special risk service and be age 52; or have 25 continuous years of special risk service regardless of age; or have 30 years of any creditable service, regardless of age. In determining normal . retirement age, special risk service may include high hazard service. [Please see 2. Summary of FRS Deferred Retirement Option Program The Deferred Retirement Option Program (DROP) is a program within the FRS Pension Plan that provides an alternative method for payment of retirement benefitsfor a specified and limited period for members of FRS. Underthis program, you may retire and have your FRS benefits accumulate in the FRS Trust Fund, earning interest, while you continue to work for an FRS employer for up to five (5) years. Your participation in DROP does not change your conditions of employment. When the DROP period ends, you must terminate employment. At? that time, you will receive your accumulated DROP benefits, and begin receiving your FRS retirement benefit (in the same amount determined at retirement, plus annual cost-of-Iiving increases). a. Eligibility - You are eligible to participate in DROP when you are a participant of the Pension Plan, are vested and have reached your normal retirement date. Your "normal retirement date" is the earliest date at which you are eligible for full, unreduced benefits based upon your age and service. In most cases, you reach your normal retirement date when you are vested and reach age 62, or when you complete 30 years of service, regardless of your age (age 55 or 25 years of service for special risk members). You may make your election to participate in DROP up to six (6) months before the date you plan to begin participation, and you must elect DROP participation within twelve (12) months after you ?rst reach your normal retirement date. Z. Dress it is the intent and goal of the State Attorney that this office be run in a professional and digni?ed manner at all times and earn the confidence of the public not only with our performance but also our appearance. It is imperative that everyone working for the State 30?25 OfficeManual.w Revised: 7129/ 0 Attorney's Office present a professional appearance to the public and the legal community. Radical departures from conventional dress or personal grooming and hygiene standards are not permitted. Acceptable personal appearance, like prOper maintenance of work areas, is an ongoing requirement of employment. A professional appearance embodies many things, including speech, manner in dealing with people, and personal grooming. Clothing appropriate for wear during regular office hours includes a variety of garments allowing for individual preferences and taste; however, there are types of apparel which are completely inappropriate for work in a professional organization. Some examples are: Clothing that is too casual (is blue jeans, any slacks that are of a "jean" design, stirrup pants, leggings, stretch pants, jumpsuits, shorts, T?shirts, knit "Polo type" t0ps designed for sports activities or casual wear, etc.) Casual shoes sneakers, boat shoes, bedroom slippers, and "flip-?op" slides) are completely inappropriate for a professional office. Comfortable shoes should be worn. Clothing that is too tight or too revealing is also inappropriate sundresses; short shirts; cut-out, low-cut, midriff or ultra-sheer blouses and dresses; tight slacks, shirts, and sweaters, etc.) Hair should be well groomed. Good personal hygiene is essential. Tattoos and body piercings (other than earrings) should not be visible. At its discretion, the SAO may allow employees to dress in a more casual fashion than is normally required. On these occasions, employees are still expected to present a neat appearance and are not permitted to wear ripped or disheveled clothing, athletic wear, or similarly inappropriate clothing. This dress code is designed to minimally intrude into your personal choices and then only to the extent necessary to achieve the above goals. in return you are requested to use sound judgment and common sense with the above guidelines to assure compliance with these goals. Supervisors are expected to personally adhere to the dress code and set the example for their employees. In addition, supervisors have the authority to send an employee back home if the employee is not dressed accordingly. Violations of the dress code constitute proper cause for disciplinary action. 30?26 Qits?amamd AA. Bachesandldentification A State Attorney?s Office wallet and l.D. will be issued to all employees. In addition, a Badge will be issued to all Law Enforcement Officers and Prosecutors. These items are issued for identification purposes only and are the property of this office and must be returned upon termination of employment. AB. Meetings Meetings of small groups of our employees may be held in our Courthouse Conference Rooms. Arrangements should be made in advance through the Business Office to reserve these rooms. Larger groups may wish to meet in the Fifth Floor Courthouse Jury Room. The Clerk's Office Juror Witness Department schedules this room. AC. Lounge The Lounge is provided forthe use of our employees when taking breaks or during their lunch hour. Each employee is responsible for keeping this room neat and clean at all times. Various departments share cleaning responsibilities of appliances. AD. ClericalSupervision For purposes of administrative supervision, the office is divided into a number of major Operating departments. Under the direction of the State Attorney, Chief Assistant, and the Administrative Committee there is a designated supervisor. within each division or department. These supervisors are responsible for: Assuring high standards of professional skills; hearing employee suggestions and complaints and resolving employees' problems; establishing uniformity and continuity in our work (letters, forms, filing, etc.); relaying information to and from administration; assuring the prompt and professional handling of all telephone calls and walk-ins; assisting in carrying out office policy in dealing with lawyers, the police and the public; assisting in maintaining employee records; assisting in assuring a fair workload distribution and the emergency assignment of personnel; seeking maximum efficiency in the use of the office equipment (Word Processors, etc); and assisting in orientation of new employees. FOR ADDITIONAL INFORMATION ON ANY OF THESE SECTIONSL SEE THE FPAA CLASSIFICATION AND PAY PLAN 30?27 30.3 TELEPHONE SYSTEM The main telephone number which the public calls to reach the State Attorney's Office is 630-2400. Each division has its own individual number. Through the Centrex system, such calls to our main number may be transferred to the division numbers without delay. Our receptionist can explain this method of transferring calls to you. There are several features offered on the phone system to enhance each area. To become familiar with the system in your area, please check with the immediate supervisor. All calls may bypass the [reception areas but as the instructions vary by location, please check with the Unit Supervisor for instructions. A. SuncomTelephoneSystem Suncom is Florida's own private long distance system. To dial a Suncom number, dial 81 plus Suncom number. To dial a non-Suncom number, dial 91 plus area code and number. Our Suncom number prefix is 986, plus the last four digits?of your number. Absolutely nopersonallonddistancecalls may be made from your office telephone. B. VoiceMail All attorneys, paralegals, investigators, clerical supervisors, business office personnel and administrators have voice mail on their private telephone numbers. Callers to these numbers will have an option of leaving a voice message on the telephone of the party they are calling or they may press and be connected to a receptionist or secretary. C. FacsimileMachines All of the fax machines in our office are for business use only. Any emergency deviation from this policy must be cleared by the Unit Supervisor. Business may be sent or received through our facsimile machines. Our FAX numbers are: Executive Administration: 630-1113 (Suncom 9864113) Business Office: 630-1848 (Suncom 986-1848) Circuit Court: 630?2369 Felony Filing Division: 630-1707 Special Prosecution: 630?0929 (Suncom - 986-0929) Juvenile: 630?4786 (Suncom - 986-4786) Juvenile Felony/DOM] Truancy: 630-7597 County Court: 630?2371 MFD: 630-2697 PTR Worthless Checks: 351~0940 Drug Court: 357-8096 Clay County: (904) 284-6935 Nassau County: (904) 261-7386 Of?ceManual. 30?28 Revised: 7I29I 0 D. CollectTeIephoneCalls Do not accept collect calls unless you have instructed a party to call you collect. All collect calls must be reported to the Business Office in writing giving date, .time and number called. E. Intercom The intercom button enables you to dial anyone on your floor. These intercom lines should be used whenever possible; they save time and reduce noise. If you need to locate someone who is on the 5th or 6th ?oor of the Courthouse, but you do not know exactly where, simply dial "2400" if you are located on the 5th floor, or dial "1983" if you are located on the 6th floor, and ask the receptionist to page the person you need. Instructions for paging in different locations (where available) will vary. Your Unit Supervisor will be able to instruct you. G. CellularTelephones Cellular telephones are in all office vehicles and hand-held models are available for use when needed. These telephones must be used in a responsible manner. Because of their higher cost, cellulartelephones should only be used when a conventional telephone is not readily available. In addition, only those charges which relate to a public officer?s or employee's of?cial duties may be paid from public funds. The bills are reviewed on a regular basis for compliance. H. TelephoneCourtesy When answering an incoming line, always answer with the words "State Attorney's Office." Be helpful to the caller and if you cannot answer his inquiry, tell him that you must transfer his call to another party and then transfer the call. Never be impatient on the telephone. We are here to serve the public and the image of our entire office is often reflected'by the manner in which we communicate by phone. 30?29 Answer all telephones Answer your fellow employee's telephone if there is no one there when it rings. If it is necessary to put someone on "hold," go back frequently to assure them you are following up their inquiry. lf considerable time is required to check out their inquiry, suggest that you call them back with an answer (and be sure to do so This will enable others to use the telephone while you are checking out the problem. Personal telephone calls should be limited to breaks and lunch hours except in emergencies. RepairProblems If you have a problem with your telephone, advise your supervisor and notify the Business Office at 630?2507 immediately. 30.4 TRAVEL A. StateEmployees 1. Notice of Intent to Travel. When it is first known that a trip must be taken on official business, an approval form should be filled out by the Business Office and will be submitted to you, your supervisor, and Chief Assistant State Attorney for approval. You will be notified of its approval and the form will be held pending your return and the filing of an expense report. 2. Method of Travel. Because of our limited budget, all travel must be made in the least expensive manner to the State. if your destination can best be reached. by automobile, you should contact the person within your department to whom a car is assigned (if applicable), or contact the investigator responsible for reserving pool cars. lf a State automobile is not available and a privately owned automobile is used, mileage will be reimbursed. At the present time, the rate is $.445 per mile. If it is necessary to travel by air and/or rental car, reservations will be made by the Business Office. 3. Expenses. The Business Office must be involved in any travel (or training) that will cost the office money. On any travel performed on official business, receipts must be obtained for lodging, parking fees and registration fees. Receipts for cab fares must be obtained if they amount to $2.00 or more. These receipts are to be submitted to the Business Office when requesting reimbursement for travel. qn?n ?my! When travel is overnight and continues for twenty-four hours or more, per diem may be paid at $80.00 per day. This includes room and meals. When travel is less than twenty~four hours, allowance for meals will be made as follows: Breakfast - when travel begins before 6:00 AM. and extends beyond 8:00 AM. $6.00 Lunch when travel begins before 12 Noon and extends beyond 2:00 PM. $11.00 Dinner - when travel begins before 6:00 PM. and extends beyond 8:00 PM. $19.00 Upon return to the office after a trip, an Application for Reimbursement of Travel Expenses should be completed and submitted to the Business Office, along with all receipts. A travel voucher will then be prepared and submitted to Tallahassee for payment. If the travel was to a convention or seminar, a brochure or announcement of the meeting must also be attached. Meals will bereimbursed for travel that does not extend beyond 24 hours. See Class travel (Sec. 112.061 per diem and travel expenses). B. StateWitnesses When an attorney must bring in-an out?of?city or out-of~state witness, the Business Office must be contacted in advance to make any necessary arrangements. Our of?ce will prepay any airline tickets and has direct billing with several hotels in town. Any time a witness is required to stay overnight in a local motel, these reservations will also be made by the Business Of?ce. When a witness has to travel 50milesormore from his home to the place he/she is required to appear, and uses his personal automobile, he/she can be reimbursed at the rate of $445 per mile. A witness who travels by air can be reimbursed mileage from his home to the airport and parking fees if he/she uses his personal automobile and requests reimbursement. Per diem may be paid for a witness in the same manner it is paid to a state employee. If the travel is overnight and continues for twenty?four hours or more, per diem can be paid up to $50 per day, beginning at the time the witness leaves his home and ending when he/she returned home. When travel is less than twenty?four hours, the allowance for meals would apply. on ?24 Ha: C. WitnessTravel Instructions arrangements for witness travel should be done by of?ce personnel through the Business Office. Setting Up Arrangements. It is the attorney, investigator or paralegal's responsibility to deal with 'the witness (do not give out the names or phone numbers of business office personneltoawitness). Have the following information available p_rior to calling the Business Office. 1. State Attorney Number 2. Case Number 3. Division 4. Defendant's Name 5. Is this for trial, deposition, statement? 6. Witness' name 7. Witness' address 8. The closest major airport to the Witness' home 9. When is the witness needed (date and approximate time of day) 10. When will the witness be able to return home (date and approximate time of day) 11. Will the witness need a hotel room or will they be staying with family? 12. Will there be mileage from the home to the airport (usually if they are located in another town)? D. This of?ce does not rent cars for witnesses. There is no statutory authority, and there is a liability issue. Note: A witness may drive in but is responsible for their car if there are any problems. Mileage is $0.445 per mile. Hotel reservations are restricted to room only. All food, phone or entertainment is billed to the witness. Make sure the witness checks out of the hotel when leaving. _Mg?s. Be aware that the witness will be paid for meals aft?erthey return home. The following is used to calculate meals or per diem: Meals - Used when you have a hotel _ngu Used when there is no hotel bill.? Meals: Breakfast - $6.00 (before 6:00 AM. - after 8:00 AM.) Lunch $11.00 (before 12:00 PM. - after 2:00 PM.) O?loeMa ual.w Revised: n7129/ 0 30-32 Dinner - $19.00 (before 6:00 PM. after 8:00 PM.) Per Diem: 12:00 AM. to 6:00 AM. $20.00 6:01 AM. to 12:00 PM. $20.00 12:01 PM. to 6:00 PM. $20.00 6:01 PM. to 12:00 AM. $20.00 If travel occurs in any part of these segments, the witness is to receive the $20.00. Always start at 12:00 AM. (midnight). These witnesses DO NOT receive a witness fee. (Witness Slip to go to the Clerk?s Office, Jury and Witness Department.) l_ftthere are amLcancellations or chanqes of anv kind. noti? the business office IMMEDIATELY. 30.5 SECURITY Case files are the property of the State Attorney's Office. No one, other than employees of this office, is to have access to these files without approval of the Chief Assistant. The only exception to this requirement is the one established previously for the State Department of Corrections who show proper identification. Do not discuss cases with anyone outside of the State Attorney's Office. Keys to your office will be issued upon request. They are to be turned in when no longer needed. If you have a desk, cabinet, file or anything else that is kept locked, make sure a Unit Supervisor or the Business Office has a properly tagged duplicate key. The Special Prosecution Division area is secured and locked afterworking hours. Only the Director of this Division and members of his staff have keys. Grand Jury rooms shall be kept locked at all times. A designated individual in the Grand Jury Division and Administration have keys available. Of?ceManuaI.w 30_3 3 Revised: ?29/ 0 .513 3 -.I I - ?-19 ~71 Mt?? 1W- Policy to Prohibit Sexual Harassment in accordance with Section 703, Title VII of the Civil Rights Act of 1964, sexual harassment of our employees will not be tolerated. The following are grounds for disciplinary action: Unwelcome sexual advances. Requests for sexual acts or favors. Abusing the dignity of an employee through insulting or degrading sexual remarks or conduct. Threats, demands, or suggestions that an employee?s work status is contingent upon her or his toleration of or acquiescence to sexual advances. Retaliation against employees for complaining about such behavior. Filing a false complaint of sexual harassment. if you encounter this type of behavior from anyone, inform the alleged harasser that the behavior is unwelcome and report the lncident(s) to the appropriate authority as outlined in the grievance procedure in the SAO Manual. If it is inappropriate to follow the grievance procedure, go directly to the your supervisor. This is the proper and required course. lnstigating or spreading rumors among co?workers of alleged sexual harassment is damaging and does not solve the problem. All complaints will be handled and confidentially. Appropriate corrective action, up to and including discharge, may be taken to remedy all violations of this policy. We want all employees to know that they are not required to endure insulting, degrading or exploitative treatment. rum EMPLOYEE INFORMATION OVERVIEW mm :xumdmuuqum w:?mk:m mow ?name-L Nita-WV willful-l ?(Mm gamma: mlmbudIIM-?NW?. . manag?wabunumm m%'mu mex? 5/11/2017 .4 I?Jls agendas-19$? do: m?ymw dgsm?? :1?thqu Wheel A raw or ?Helm?lumen I?m a. *h "rune- hwW?D-hmwandtq?deUWWnn-I ?m "mmuuw Ian. bind mgmunmu ulmumm $mnl0??ib CONFIDENTIALITY CODE OF CONDUCT Mien-Mouth!? thtah-ymri?ummu ?Matador . Renew.? - $00?!!an pane: mum Emroye the: as wiegal stall. Everyml Mme know about a case ls ntlal. Do not dlscuss mavens. No one Is mmbe shown a ?le or mWassoruatled With a case without authodzallon or a ppmvat an altomey con?dentiality is a serious Moreuhjeet to sea 80 scrupulous In your use of of?alal lnIormatIon. Ensure thatyou know and follow the SkO's eon?dentld Ity slons and that the ptiveayof Individuals is malnulned. Only release arsenal hbmla tIon In auoordance with of?ce nlosclp and Florlda' Pwlto Hosea Law after consumng our Publlc Records lawyer. I I - mesm- ?mu-nbnumml WMWMI ye- ?Wit thin Mammuwh-IMBMh pig-Mute Wylie-nu elk-m . -- .. stun-one amuauu?ledbmmudf?rmm mantel. WMIo?mue?au?emdMI-waste?? a The state Attorneys Of?ce relies on and values the work of Its employees every doyln order to meat the goals of the Of?ce and the needs of the Bucesslve absenteeism and lateness can adversely affect the Of?ce?s high standard of gnoductlvity and ability to serve Its clle as are expected to name to watk my day on me. Therefore. the Of?ce has establishe standards so that all staff will know exactly what Is acted of them. ?me use of leave len tlal months or employment ls strongly discouraged. mucrr/ Hummus 9 om 3.00 41:00] On. Ina-noon - ?00) Lunch-molar moo-zoo mammalian-1MB: rdnodbrn-iaupaxlomaywr ?71.12. - and. album-manna. First working day of the month through the lost working day of the month 0 Payday - lostdayofthe month I it Email is intended for State Attorney's Of?ce business use. State Attorneys Office con?dential information must not be shared outside of the State Attorney?s Office. without authorization. at any time. 6 Viewing pornography. or sending pornographic Jokes or stories via email. is considered sexual harassment and will be our sexual harassment policy. 5/11/2017 .- . x: 1 - . mmf= - mama; ?Whoa-o ?Mi mum:- 532nm .magnum hammer mm". tau mama-mm mr-obummy-n Mm?xainm near: ?Johnsdodnl Mdurnll own-ram lib. mounted mun ?mu 00?.th mubry magnudmmdomv mm with Tho-Mon Manhd'hawu'hnln on "than! mum form mwmwuo Wand-woo icon I: ?summon-mm ?Sm-1% wt". mun-mum hum??naxmm Inn. intimation an amiable and :10ch MI world. assislanco 9 Should be completed dolly 9 Should gva an nooureb accounting amour time .5 should be time? at the and of enry week 0 ?Mann; h? MIMI: brim. ol Melanin-anon not. parlor. any. roll . mdoobm. lly un MMW Of?u I ms will result 0 hrnindiimm Sui-mung? OMum 0m: ulnar-KM: mt? andollnr Maegan-awn? m?cmdommderywr slow mu mum In. mm ?hm mung.- a" Mirna Haul-q tau-Inn nut-do (1) ?lm 8: mwm'. I u-r Mum ?Haw Mound-em um Wm mm ?lm?wA-Wm? at Bum! Mu puma-l new. ?man Ind l0 om duldlle em mam-e. ulIndIl month. Skill? ?Mum? hummus ml Ilelunn. ?may {any and? donuln manhunt; wt and.? (1M Wald Knew? Ila; km port-m Mum: In mum unto Inhmodlm hull Mom "dammit: Human)! pmemhilnm If new? Iyow IqucMnluah WA a" wmoumnba?onwat In mqhmullodhpnouaa dado? ?Hug limo". ?Wuud?ck um (donor. OI appolnumnl. an): ulm I mm: ?mm lluv- man-ct. Ib- cc. Ilpu [mo magnum Ildu nu Mitzi. lem ?ml law lulu ?mm 1m As appointed employees, all new hkes .em?luding lawyers, are on probation for months. During this tlme. employees begln accrulng and annual leave. Accmed and annual leave may be used during the probationary pedod, but ls strongy dlscouraged. magnum mud Ill-Incl .38.: mm.? mm or ?mm sun ?Idiom ?mu/a) a! ?vault; and rule?" kwm?l 33% an! I 0" II. Mun? buy: myM-W unequal. module-n 3k momma: loan WW 0? Ina. Ikklun Mama annulus-Inch hm Hamllon Inn-dew). ?In? I "1 man-m In? a mm In marry-M on. munch"! Immud Aalduom ?pa We shall. upon ?tun-QM ?you? I Inn '1th lama m?vauu; I BIA) mutation Ila all?. 0 Fa I udonl and!? lulu IN (mm uaah no ?mun Mulch nqulm lr/ Mm: WI- ud ?nu own-t To an In! 0w tub/en Ipouu. sum not!? at penal-to has a "de hath Mn. Th5 "Mu 'ka ?mum la ?and?? Ind off-II [gm Insomniac: vital Miler-bu (mm-name humid IlleM 1.250 hours hm mp1? Family Luv- :11 male (12) mall: W. - -- . 5/11/2017 ??emum5??l AllMernc empb/Ieewll ?tn Inna-l [om about: Nuns! km cum nub-omen lnmu duel-om mourn. llama lemlannuma hymen?: 81x (on duo. hurls Ila-Ihbk elm-lame ?mm mil/?u DI About,? In! IN. 00' ?Mam Allin-01am Inn mud-u aqua! law mum Mod Imulm lI/ymmpuvhm Manda? dull-Mum. WNW - . I w, tun-P?- . r. The ioliminu holidays shall be observed by this office: New Yeah my. Martin Luther long. Jr. Birthday. Preeldent?e Day. Good Fridey. Memorial Day. lndependeneemy. Labor nun-mm Day. Titanium; Day. Friday After Thenhgivim. Christmas Eve and Christine: D-y. Mditioml mm may be geared by the State Albmeyin Icoordence with the county; boldly schedule which mute the dosing oi the courthouse. Elah mic/e0 is also given a perunel holiday everyJut] 1. the beaming oi the ?scal year which must be used ['1me 30 oithe 5/11/2017 PM. Under normal circumstances employees have an opportunity to receive warnings concerning inappropriate behavior. There are a variew of types of disciplinary action that may be taken based on the history seriousness of an employee's behavior. Said notions range from verbal wamlnge to suspension or even dismissal. A full explanation of disciplinary actionis) and exampie(s) of common grounds for disciplinary action can be iound tn the SAC Manual and the Employee Handbook?dummy;hwem?qmluuw rams-manueumwmaemm?hznu . . - MUM ?nned 9mm m5 El neon-mm ?mun Web Ila-h.- hunch-u put: We! Mug?emu?. g; mun-tummy: Wuhan-n . MMHW mu Ml:- marl-F 1W Mel-Mme!? WWI-lye LWP occurs men an employee he: churned all seemed lure. slots mural. cor-mommy? pmoneihoddeya. LWOP is ant, allowedior pueenswhoere covered tryihe Femly Medical Leave Ant (mu) end experience a quelliyhg event I: defined by that iavr. or In emergency-luau?: or at the dlIcrelion at the State Attorney. 9 Use of LWP other than the instances described above could he terms ior disdaineryoodons. lndudngtermioetlon oi ?eommnumaem?g EVAUWION Suppodstaifreuhu evaluation attire oar-Mon eithuhmenll period. Promotion Fey-nine! orient-titan and "squirt nuretemluatlomJn mallow Burtiedmeoruillta ?ilk!? members hunedlete supervisor. Empi Iinlibm MW "If ?rm rmeports. emotionu on then made a pennaneni partei It. employed: rile. memoirs/Imam? Promethean: hosed enjeh periormnu. dale and attendance. Hun dentu- tn ruiue with Mam thbabof 3:0}:ng oi lit: empime end the NW 92mg manning ?1 ?mutual-mum; 0 . Moe mag-?Mum?- mum: mini/hero. ?undid-MM m" . Museum-r "vane-mun. Width-mum - ?4 arm Mr 1- From timetotime problems or grievances arise. me best way to solve grievances be to bringth em out in the open and professionally discuss thorn frankly. persort?toparson with the other party and your Immediate supervisor. Ii you have a grievance. your supervisor \vll make every effort to deal with itfatrly end without recrkninatlon. it is your right and priviiege to professionally process your grievance through the steps of our grievmce pmcedure. ADMIN murmur. mo: 9 Outside enpleyrnentmube 0 Ni Own. Nit-the. ?Mime not 0:05 Imam minute eemiietol interest min-nam- ?Intel Mule Myriad-mu. 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QUESTIONS AND ANSWERS 5/11/2017 AMENDED AFFIRMATIVE ACTION PLAN EFFECTIVE DATE OF AA PLAN: AGENCY HEAD: TELEPHONE NUMBER: OFFICER: TELEPHONE NUMBER: Reviewed and approved by: UWMW Kimberly Officer Office Administrator State Attorn ey?s Office Fourth Judicial Circuit 39?? In Date OFFICE OF THE STATE ATTORNEY FOURTH JUDICIAL CIRCUIT JULY 1, 2012 THROUGH JUNE 30, 2017 MELISSA W. NELSON STATE RN EY 311 WEST MONROE STREET JACKSONVILLE, FL 32202 904-255?2500 KIMBERLY BALLANCE OFFICE ADMINISTRATOR 311 WEST MONROE STREET JACKSONVILLE, FL 32202. 904-255-2645 Reviewed and approved by: Wm?w/ StepI'Ten W. Siegel First Assistant State Attorne State Attorney?s Office Fourth Judicial Circuit 3/7/7/ - Date STATEMENT OF POLICY EQUAL EMPLOYMENT OPPORTUNITY The State Attorney?s Of?ce, Fourth Judicial Circuit, is fully committed to principles of equal employment and affirmative action. it is the policy Of the State Attorney?s Office that employment actions and conditions of employment shall be without regard to race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age, disability or genetic information except when such requirement constitutes a bona fide occupational qualification necessary to perform the tasks associated with a position. The State Attorney?s Office will also provide affirmative and positive action that will allow full utilization of women and minorities. Employment practices shall include, but are not limited to, recruitment, appointment, training, promotion, compensation, demotion, retention, discipline, and separation. Any applicant or employee who believes that he or she has been discriminated against may file a complaint with the Florida Commission on Human Relations or the Officer at the State Attorney?s Office, 311 West Monroe Street, Jacksonville, Florida 32202, within 180 days of the action causing the complaint. All complaints shall be treated in accordance with the procedures set forth by law of Chapter 22T, F.A. C. (Florida Administrative Code). Page 2 of 13 PREFACE This document is an amendment to a previously Implemented policy which has been in effect since July 1, 2012. it will remain in effect through June 30, 2017. The amendment designates the new Officer as Kimberly Ballance, Office Administrator. The amendment further designates the State Attorney as Melissa W. Nelson, the First Assistant State Attorney as Stephen Siegel and the Chief investigator as Timothy Quick. The aforementioned substitutions are the reasons for this amendment to the previously implemented policy. Page 3 ole INTRODUCTION TO THE ROLE AND FUNCTION OF THE STATE OFFICE The State Attorney is a constitutional officer elected by the citizens of the Fourth Judicial Circuit. The Fourth Judicial Circuit consists of three counties: Duval, Clay, and Nassau. The State Attorney is the chief law enforcement of?cer of the circuit and is responsible for the constitutional and statutory duties described herein. The State Attorney?s Office is an agency of the Executive Branch of government, deriving authority from our State Constitution, statutes, case law and rules of court. We are charged with the duty to see that the laws are faithfully executed and enforced in order to maintain the rule of law. We are both administrators of justice and advocates. The Constitution and laws vest Us with responsibility and authority that require the exercise of sound discretion in the performance of our duties as prosecutors. As prosecutors, we have a duty to understand and be guided by the highest standards of professional conduct. The responsibility of a public prosecutor differs from that of a usual advocate; his or her duty is to seek justice, not merely to convict. The special duty exists because: (lithe prosecutor represents the sovereign and therefore should use restraint in the discretionary exercise of governmental powers, such as in the selection of cases to prosecute; (2) during trial, the prosecutor is not only an advocate but he or she also may make decisions normally made by an individual client, and those affecting the public interest should be fair to all; and (3) in our system of criminal justice, the accused is to be given the bene?t of all reasonable doubts. With respect to evidence and witnesses, the prosecutor has responsibilities ?different from those of a Iawyer in private practice; the prosecutor should make timely disclosure to the defense of available evidence know to him or her, that tends to negate the guilt of the accused, mitigate the degree of the offense, or reduce the punishment. Further, a prosecutor should not intentionally avoid pursuit of evidence merely because he or she believes it will damage that prosecutor?s case or aid the accused. The Office of the State Attorney ordinarily relies on police and other investigative agencies for investigation of alleged criminal acts, but we have an affirmative responsibility to investigate suspected illegal activity when it is not adequately dealt with by other agencies. The State Attorney shall employ any necessary personnel for the efficient performance of the office according to a classification and pay plan approved by the Florida Prosecuting Attorneys Association. STATE ATTORNEY Melissa W. Nelson State Attorn ey?s Office Page 4 of 13 311 West Monroe Street Jacksonville, FL 32202 The-State Attorney serves as the chief prosecuting officer of the Fourth Judicial Circuit for all criminal violations of the laws of Florida. He or she is constitutionally charged with the duty to see that laws are faithfully executed. FIRST ASSISTANT STATE ATTORNEY Stephen Siegei State Attorney?s Office 311 West Monroe Street Jacksonville, FL 32202 The First Assistant State Attorney assists the State Attorney in the supervision of all staff. The First Assistant performs management related duties as required by the State Attorney. CHIEF INVESTIGATOR Timothy Quick State Atto rn ey?s Of?ce 311 West Monroe Street Jacksonville, FL 32202 The Chief Investigator supervises all investigators and assists local and state enforcement agencies in conducting investigations. OFFICE ADMINISTRATOR OFFICER Kimberly Bailance State Attorney?s Office 311 West Monroe Street Jacksonville, FL 32202 The Office Administrator is responsible for hiring of all clerical support staff and oversees transfers, promotional opportunities and Separations or terminations. Page 5 of 13 AFFIRMATION OF POLICY The Affirmative Action Program is an important aspect of the State Attorney?s Office. The intent of the Affirmation Action Plan is to reaffirm the State Attorney?s commitment to equal employment opportunity, including affirmative action, to assist in the refinement and implementation of existing policy by insuring that all recruitment, hiring, training, promotion, compensation, benefits, and other terms and conditions of employment, educational opportunities, use of facilities, social and recreational programs, transfers, and separations are structured and administered in a manner that furthers the principles of equal employment opportunity. with the State Attorney?s Office is equally accessible to qualified persons without regard to their race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age, disability or genetic information. Toward this end, we have established ?exible long and short term goals seeking to educate our hiring authorities on equal employment opportunity, establishing training programs aimed at facilitating access for minorities and women, and evaluating the effectiveness of our program periodically to ensure SUCCESS. Recognizing that equal opportunity can only be achieved through demonstrated leadership and aggressive implementation of a viable affirmative action program, our AA Plan sets forth specific affirmative action and equal employment opportunity responsibilities for managers, supervisors, and all employees. All employees are expected to make every reasonable effort to Carry out their AA Plan responsibilities in spirit as well as in letter to ensure that equal opportunity is available to all. We further expect all employees to demonstrate sensitivity to, and respect for all other employees, and to demonstrate commitment to the agency?s equal opportunity and affirmative action objectives. COMPLAINT PROCEDURE All employees are encouraged to bring any prohibited conduct such as race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age, disability or genetic information discrimination under Title VII of the Civil Rights Act of 1964,- the Human Rights Act of 1977, as amended, Section 504 of the Rehabilitation Act of 1973; Equal Pay Act, or Age Discrimination Employment Act to the attention of the Officer of the State Attorn ey?s Office. in accordance with 760.10l10), Fla. Stat, a grieVance must be filed within 180 days after the alleged unlawful conduct occurs. Grievances filed after the appropriate filing date need not be processed under the procedures set forth herein. if additional time is needed at any stage of the procedure, all parties must be notified in writing of the time extension request and must consent to the extension. Any retaliatory action of any kind taken by an employee against the Page 6 of 13 aggrieved, or any person(s) involved in the grievance procedure, is prohibited and such action shall be subject to disciplinary action. EEO GRIEVANCE PROCEDURES EMPLOYEES The following grievance procedure pertains only to complaints alleging discriminatory action on the part of the State Attorney?s Office or its employees. it does not supersede or amend any other grievance procedures implemented by the State Attorney?s Office. in the event an employee feels that he/she has been discriminated against and a grievance has been filed with the State Attorney and/or the EEO Officer, the following steps will be taken to resolve the complaint. in the event the State attorney, EEO Officer, or the employee filing the complaint is absent from work, the following procedures should not exceed 40 working days. Step 1. (5 working days) The grievance will be discussed initially with the grievant?s immediate SUpervisor in an attempt to resolve the complaint. if a satisfactory solution is not reached, the aggrieved has 5 working days from the date of the initial discussion with the immediate supervisor to submit in writing to the EEO Officer 3 copy of the grievance and proceed to Step 2. Step 2. (15 working days) The EEO Officer will, at his or her discretion, conduct an investigation to consider cause, for discrimination as charged by the grievant. The EEO Officer has 10 working days in which to consider the grievance and to reach a decision. This decision will be placed in the EEO Of?cer?s grievance ?le. THIS GRIEVANCE FILE 0R COPIES THEREOF WILL NOT BE PLACED IN THE PERSONNEL FILES OF ANY INVOLVED PARTIES. if the decision of the EEO Officer is satisfactory to the aggrieved, the aggrieved shall sign a statement to that effect, which will 'be included in the grievance file retained by the EEO Officer. if the decision of the EEO Officer is not satisfactory to the aggrieved, a written reprimand may be submitted to Step 3 by the aggrieved within 5 working days of the issuance of the decision. Step 3. (5 working days) The EEO Officer will discuss the grievance with the StateAttorney in an attempt to resolve the grievance. The decision of the State Attorney constitutes the final step of the grievance procedure for the employee. If this decision is not satisfactory to the aggrieved, the aggrieved may contact the Florida Commission on Human Rights, or any other appropriate agency of the state or federal government. Page 7 of 13 ?If; fer-x DISSEMINATION OF POLICY A. internal Dissemination The State Attorneys Office is committed to educating the current employees of their rights concerning affirmative action and employment discrimination. This dissemination of information may include, but not necessarily be limited to, the following: Copies of the State Attorney?s Office Equal Employment Opportunity Plan will be 1. made available to any employee of the office. 2. Upon recommendation by the EEO Officer, and the approval of the State Attorney, information and training sessions will be provided for employees as deemed necessary in order to inform them of their rights and obligations as provided in current applicable federal and state statutes, local ordinances, and the State Attorney?s Office Equal Employment Opportunity Plan- 3. The EEO Officer will serve as an information resource to management and supervisory staff members and employees regarding the Office?s Equal Employment Opportunity Plan. 4. Equal Employment Opportunity posters are on display as required by Title Vii, the Age Discrimination Act, Section 504, Regulations and the Human Rights laws. 5. All employment notices and/or advertisements will prominently display the slogan ?An Equal Opportunity Employer/Affirmative Action Employer.? B. External Dissemination in external recruitment, organizations and institutions of higher learning will serve as recruitment resources for members of protected classes and will be notified of position openings. information regarding the Equal Employment Opportunity Plan will also be made available outside of the organization. This dissemination of information may include, but not necessarily be limited to, the following: 1. Copies of the Equal Employment Opportunity Plan will be distributed, upon request, to advocate organiZations for protected class members. information regarding the Plan will be made available, upon request, to interested organizations, including other governmental units and citiZen action groups. The Equal Employment Opportunity Plan will be made available, upon request, to anyjob applicant. Page 8 of 13 4. All employment applications will prominently display the slogan Opportunity Employer/Affirmative Action Employer.? Page 9 of 13 ?An Equal SEXUAL HARASSMENT POLICY In accordance with Section 703, title Vii of the Civil Rights Act of 1964, sexual harassment of our employees will not tolerated. This means that the following are grounds for disciplinary action: Unwelcome sexual advances Requests for sexual acts or favors Abusing the dignity of an employee through insulting or degrading sexual remarks or conduct. Threats, demands, or suggestions that an employee?s work status is contingent upon his or her toleration of or acquiescence to sexual advances. Retaliation against employees for complaining about such behavior Filing a false complaint of sexual harassment. The recipient of such behavior must assume responsibility for informing the alleged harasser that the behavior is unwelcome and should report the incident to the appropriate authority as outlined in the office grievance procedure. if it is inappropriate to follow the grievance procedure, employees are instructed to go directly to the EEO Officer or the First Assistant State Attorney. This is the proper and required course. All complaints will be handled and confidentially. Appropriate corrective action, up to and including discharge, may be taken to remedy all violations ofthis policy. Page 10 of13 OFFICER INFORMATION To carry out the letter, as well as the spirit, of our Equal Employment Opportunity/Affirmative Action Plan, the State Attorney has appointed Kimberly Ballance as the Officer. Ms. Ballance will lead the commitment to maximize equal employment opportunity and affirmative action at the State Attorney?s Office. Specifically, Ms. Ballance?s responsibilities with reference to her role as the Officer are to: 1. Administer the Plan; 2. Conduct and monitor work force analysis; 3. Recommend alternatives to any discriminatory practices that are identified; 4. Assist employees of the agency in understanding their individual roles in relation to the plan; 5. investigate employee complaints, counsel supervisors and employees to resolve complaints informally, and recommend the disposition of unresolved complaints to the State Attorney. Present reports and recommendations to the State Attorney regarding the efforts of all sections toward meeting affirmative action goals. Page 11 of 13 W. RESPONSIBILITY FOR IMPLEMENTATION A. State Attorney The State Attorney of the Fourth Judicial Circuit shall be responsible for implementing the policy of affirmative action to prevent discrimination and for administering the Equal Employment Opportunity Plan. The State Attorney may delegate such authority, duties, and responsibilities as deemed necessary to achieve these objectives. B. Equal Employment Opportunityofficer The Equal Employment Opportunity Of?cer has been designated by the State Attorney in the Equal Employment Opportunity Plan. The EEO Officer maintains an.of?ce within the State Attorney?s Office located at 311 West Monroe Street, Jacksonville, Florida 32202. The duties and responsibilities of the EEO Of?cer may include, but are not necessarily limited to, the following: Provides information and recommendation to the State Attorney regarding the 1. of?ce?s obligations under the current applicable federal and state statutes. Serves as an information resource and works closely with management and supervisory personnel on matters pertaining to equal opportunity and af?rmative action to ensure their understanding, support, and implementation of the EEO Plan. Serves as an information resource to employees regarding their rights and obligations under current applicable federal and state statutes, and the EEO Plan. Continues to develop and maintain communication 'with agencies or information about currentjob openings and vacancies. Works closely with the hiring authorities regarding recruitment, selection, promotion, and employment programs to ensure compliance with the EEO Plan. 6. Reviews the Office?s policies, procedures, and practices and makes recommendations as necessary to the State Attorney to ensure compliance with current applicable federal and state statutes and the office?s EEO Plan. Makes recommendations to the State Attorney regarding underutilization of class members. Page 12 of 13 organizations representing protected classeswincluding providing them with. If,? Receives and investigates complaints received from employees, applicants, or other persons or organizations regarding discrimination and recommends solutions to the State Attorney. Reports any violation of the office?s EEO Plan to the State Attorney. Management and Supervisory Staff Be responsible for a general understanding of the office?s EEO Plan. Answer inquiries from subordinates regarding the EEO Plan. indicate that the State Attorney?s Of?ce is an Equal Employment Opportunity employer when interviewing candidates for job openings. Coordinate with the EEO Officer in the administration of the EEO Plan. Take investigative and subsequent disciplinary action as needed to enforce the office?s EEO Plan. Request the cooperation of ang employees in carrying out the office?s Equal Employment Opportunity commitments. Any violation of the intent of the Office?s policy to provide a work environment fee of discrimination and with equal opportunity for ali, based on individual merit,_shall constitute grounds for disciplinary action. Page 13 of 13 lgelly v. 544 502d 1162 (1939) 14 Fla. L. Weekly 1455 ii? KeyCite Yellow Flag - Negative Treatment Distinguished by Fraternal Order ofPolice. Gator Lodge 67 v. City of Gainesville, Fla.App. 1 DisL, September 23, 2014 544 So.2d 1162 District Court of Appeal of Florida, Fifth District. James C. KEILY, Appellant, V. 8. Ray GILL, etc., et al., Appellees. No. 88?1739. June 15,1989. Former investigator for state attorney?s of?ce brought suit against state attorney alleging wrongful discharge. The Circuit Court, Marion County, Wallace E. Sturgis, Jr., ., granted state attorney?s motion for summary judgment as to investigator's claim for wrongful termination regarding due process violations and granted summary judgment in favor of investigator regarding injunctive relief, and cross appeals were taken. The District Court of Appeal, Cobb, I, held that statutory provisions comprising law enforcement of?cers' bill of rights did not create a property interest in continued employment in favor of investigator for state attorney?s office} Af?rmed in part, reversed in part, and remanded. Attorneys and Law Firms *1163 Mark D. Shelnutt of Mark D. Shelnutt, P.A., Ocala, for appellant. Robert A. Butterworth, Atty. Gen. and Deborah J. Stephens, Asst. Atty. Gen., Tallahassee, for appellees. Opinion COBB, Judge. Themain issue on this appeal is whether the appellant (James Kelly), a former investigator for the state attorney's office, was wrongfu?y discharged as a result of being denied the bene?ts of the law enforcement of?cers bill of rights pursuant to section 112.531, et seq., Florida Statutes (1985). 1 WESTLAW 2017 Thomson Reuters. No claim to original U.S. Government Works. ?1 Kelly v. Gill, 544 So.2d 11 62 (1939) 14 Fla. Weekly 1455 Kelly was employed as a criminal investigator for the state attorney's of?ce for a period of 181/2 years. On December 26, 1984, Ray Gill, the incoming state attorney for the Fifth Judicial Circuit, telephoned Kelly and advised himthat as of December 31, 1984, Kelly would be terminated from his position. No other notice or reasons were given to Kelly, nor was there any pro-termination hearing. The of?cial notice of termination listed Kelly as having been ?laid off.? Approximately two years later, Kelly ?led a complaint against Gill in his of?cial capacity as state attorney. Kelly alleged that the of?ce of the state attorney was an ?employing agency? and that Kelly was a ?law enforcement officer,? so *1164 that a property right was created under the law enforcement of?cers bill of rights. The trial court granted Gill's motion for summary judgment in regard to Kelly's claim for wrongful termination ?nding that no action could be maintained under a contract or tort theory. Kelly's motion for summary judgment was granted to the extent that the trial court found that section 27.2550), (3), Florida Statutes (1985)2 applied fully to investigators employed by the state attorney and thus, section 112.531, et seq. was applicable to Kelly also. The trial conrtaddedihat of the_law enforcement officers bill of rights, the particular sections provided no remedies for damages or reinstatement, but only injunctive relief which would require Gill to provide Kelly with written reasons for the latter?s discharge. Kelly ?led a timely notice of appeal and contends that the trial court erred in granting Gill's motion for summary judgment as to Kelly's claim for wrongful termination regarding due process violations. On cross-appeal, Gill urges that the trial court erred in holding that Kelly was covered by the law enforcement of?cers bill of rights and in granting injunctive relief: In the absence of a speci?c statute granting a property interest, a contract of employment (implied or express) which is inde?nite as to term of employment is terminable at the will of either party without cause and an action for wrongful discharge will not lie. Smith v. Piezo Technology and Professional Administrators, 427 So.2d 182 (Fla.l983); Gibbs v. HJ. Heinz Company, 536 So.2d 370 (Fla. 5th DCA 1988); Grappone v. City of Miami Beach, 495 So.2d 838 (Fla. 3d McConnell Eastern Airlines, Inc, 499 Sold 68 (Fla. 3d DCA 1986); Muller v. Stromherg, Carlson Corporation, 427 Sold 266 (Fla. 2d DCA 1983); Roy Jorgensen Associates, Inc. v. Deschenes, 409 So.2d 1188 (Fla. 4th DCA 1982). There is also no cause of action based in common law tort for wrongful dismissal such as negligence, malice, or retaliation. 3 It is also clear that breach of an obligation of good faith and fair dealing has not been recognized in Florida as a viable cause of action, at least where a wrongful dismissal is claimed. Muller at 269. In the instant case, Kelly has shown no express or implied contract which would remove this factual situation from the ?at will? doctrine and contrary to what is alleged on 2017 Thomson Reuters. No claim to original U.S. Government Works. 2 Kelly V. cm, 544 302d 1162 (19119) m. L. Weekly ?355' appeal, an individual cannot be wrong?dly discharged under an at will doctrine solely because that individual was denied some limited statutory procedural right 1 FlaStat. (1985)). A statute cannot create a property interest unless it lists the speci?c grounds for SHARE and concur. discharge or states that an employee can only be dismissed for just cause Ragucci v. City of Plantation, 407 So.2d 932 (Fla. 4th DCA 1981). A statutory provision that requires minimal procedural steps prior to termination will not in and of itself create a property interest in 544 So.2d 1162, 14 Fig L. Weekly 1455 continued employment. Zeigler v. Jackson, 716 F.2d 847 (11th Cir.1983). Even assuming that section 112.532(4) affords a law enforcement o?ioer procedural rights, these ?reasons? do not invoke the requirement of ?just cause? or the requirement of speci?c grounds for Footnotes . . . . . 1 Part VI. section 112.5310). (3) de?ne: ?Law micron-meat onion" and ?employing agency.? Section 112.5320) deals With termination. . rights of o?icerx while under investigation as the result or an outside complainant Section 112.5320) establishes a review Section 112.5320) Kelly v. cm, 544 Sold 1162 (1989) 14 Fla. Weekly 1455 All Citations *1165 While it is at least arguable that section 112.532(4) offers at least de minimis union uwdlu as a m?o?oe: main; :1 procedural to a ?law enforcement o?icer, Kelly cannot claima statutory Vlolanon Mon ?1533 ?ubma for the mm ?d . crowds . i an of!? Section because the bene?ts of section 112531, et seq., as they relate to dismissal are not available 117.534 speci?cs um ifan agency ?1.11: to comply with Part VI, an insured ollienr may apply to the drwit court for an to him. Section 27.2556), Florida Statutes (1985) states that an investigator ?appointed? inimc?onw compel Mm pursuant to the provisions of section 27.251 (ta, sheriff?s deputy on fulltime basis as an 2.-. 2:212?! ?ml Mm! .1 investigator), has the same rights afforded other law enforcement of?cers when in the . performance of any of the powers, duties, or functions authorized by law. Both parties . Seetion 272550)9m=t acknowledge, as does the trial court, that deputy sherilrs are appointees of a constitutional ?$3355 591?,? by of?ce and as such, are terminable at will and not entitled to the protections of section mom Mummy, mm omega 1 12.531, et seq., Florida Statutes. Under the reasoning oftheuial court, to allow investigators Section 27.251 merely authorizes the rate tourney jndioinl circuit to employ any municipal or county polioo oeimr the bene?ts of sections 112.532 and 112.534, pursuant to section 27.2550), would also 3 if?? was) (?Manama mud allow appomted <15qu Shed-Es: as investigators, those same rights- This would clearly be estatutory action no commonlswanseofacdon inconsistent; by becoming an appointee of the state attorney's office, a deputy sheriff would exist: in FloridaAlso note that detsection 1 11.065. Florida Statutes (1985), adepnty de?ned a I?lsw orcemmto even have gate: rights than if he had remained solely With primary employer.4 Evans v. 4 though eteoq. lrnot available tothedeputyshed?'. Compuethe de?nitions of'la'w enforcement ol?ccl? 339 So.2d 1150 (Fla. 2d DCA 1976). As a result, even though under section inaction: 112.19md112.l904. 27.2550), an investigator is called a ?law enforcement o?cer,? this does not mean that a 5 In Mellon v. City ofLauderhiIt 431 50.211986 (Helm), the-Ho?daSupretneConl-theld bonanza . - . authorized by section were not rented to renew disciplinary actions against police ol?m which arose from an State attorney?s-investigator has the bene?ts Of section 1 12?531? et seq? internal source. While not wry to decide this appeal, itwould appear that all of part VI. section 111531. et seq? dell: sped?eellywithiuvet?zn?ons. In light of the above discussion, Kelly also has no action based on an alleged constitutional Midi: f1? thich ?P?Whim; at ?d ?5 50% 64 DCA 1982) . due proscess violation because no vested property interest arises from either contract or 6 W, ?at: W?mfm my 62' (Fm mm? statute. "gm" ?Doorman 0201?] Thomson Reuters. No claim to original 1.1.8. Govemm?. Welles. Accordingly, the ?nal judgment of the trial court granting summary judgment in favor of Gill is af?rmed That portion of the ?nal judgment which grants summary judgment in favor of Kelly regarding injunctive relief is reversed. 5 Upon remand the trial court will ?le an appropriate order of ?nal summary judgment consistent with this opinion. AFFIRMED in part, REVERSED in part, and REMANDED. WESTLAW 2017 Thomson Reuters. No claim to original U.S. Government Works. 3 WESTLAW 2017 Thomson Reuters. No claim to original U.S. Government Works. 4 2017 Statutes 8x Constitution :View Slalules Online Sunshine Select Year: the 2016 Florida Statutes Title Chapter 27 yieyy Entire Chapter JUDICIAL BRANCH STATE PUBLIC RELATED OFFICES 27.251 Special investigators.?The state attorney of each judicial circuit is authorized to employ any 'nunicipal or county police officer or sheriff?s deputy as an investigator for the state attorney?s office with full lowers of arrest throughout the judicial circuit provided such investigator serves on a special task force to investigate matters involving criminal activity the detection of which might bene?t from a special task force and Jrovided further that the salary of such municipal or county police of?cer or sheriff's deputy shall be paid by the :ity, county, or sheriff by which the investigator is principally employed, and with the consent of the county, sheriff, or municipality. The arrest powers granted in this section may be exercised only in the furtherance of the conduct of the business of the special task force to which such municipal or county police officer or sheriff?s deputy is assigned by the state attorneyd1. 78-227; 5.130, d1. 95-147; s. 6, ch. 95-196; s. 1, d1. 2010-119. Copyright (D 1995-2017 The Florida Legislature - Privag Statement - Contact Us mrrimnisniav Siamia?Snarch n17 malocneim?m Select Year: .?he 2016 Florida Statutes mu ghapter 27 JUDICIAL BRANCH STATE puauc Lam-moans; RELATED 0mm: 27.255 Investigators; authority to arrest, quali?cations, rights, inununities, bond, and oath.- (1) Each investigator employed on a full-time basis by a state attorney and each special investigator appointed the state attorney pursuant to the provisions of 5. ms hereby declared to be a law enforcement officerof he state and a conservator of the peace, under the direction and control of the state attorney who employs him or er, with full powers of arrest, in accordance with the laws of this state. Such investigator may anest any person for iolation of state law or applicable county or city ordinances when such violation occurs within the bouidaries of the udicial circuit served by the state attorney employing the investigator, except that arrests may be made out of said udicial circuit when hot pursuit originates within said judicial circuit. Such invstigator shall, within the boundaries If the judicial circuit served by each state attorney, have full authority to serve any arrest warrant, search warrant, apias, or court order issued by any court or judge within such judicial circuit in a criminal case, or in connection vith a criminal investigation, when the same is directed to him or her. The investigator may serve, anywhere within he state, a witnos subpoena issued by any court or judge within the state or issued in connection with a criminal nvestigatjon that arises anywhere within the sate, provided that prior notice is given to the sheriff in whose county entice will be attempted; however, failure to provide this notice to the sheriff does not affect the validity of the aervice. The investigator may carry weapons on or about his or her person in the some manner as other law mforcement offi cers. (2) All investigators employed by a state attorney or appointed pursuant to the provisions of 5. 22,151 shall meet he minimum standards established by the Criminal Justice Standards and Training Commis?on of the Department of .aw Enforcement for the employment and training of law enforcement officers under chapter 943, except that nvestigators employed by a state attorney on July 1, 1974, shall not be recpired to meet such standards. (3) In the performance of any of the powers, duties, and functions authorized by law or this section, nvestigatom employed by a state atoomey or appointed wrsuant to the provisions of 5. 21,251 shall have the same ights, protections, and immunities afforded other peace or law enforcement officers. (4) Any full-time invu?gator employed by the state attorney and any special investigator appointed by the state :ttomey pursuant to the provisions of 5. 11,251 shall, before entering into the perfomrance of duties, take and ?le :he oath as prescribed in s. 5, Art. ll of the State Constimtion. The state attorney may require any full-time nvestigator employed by the state attorney or any special investigator appointed by the state attorney pw'suant to 'he provisions of 5. 31,251 to give a bond conditioned on the faithful performance of the investigator?s duties. History.-s.1, d1. 70-275; s. 1. d1. 74-260; s. 2, ch. 78-227; s. 5, ch. 79-8; 8. 2, ch. 83-167; s. 131. ch. 95-147; s. 2, d1. 96-256; s. 6, ch. i8-34. Copyrigit 0 1995-2017 The Florida Legislature . mm mum 201 mamas 5t ZVIBW SIEMBS 2 Unlme eunsmne Select Year: The 2016 Florida Statutes Title 3 Chapter ?2 yiew Entire PUBLIC OFFICERS, EMPLOYEES, AND PUBLIC OFFICERS AND EMPLOYEES: GENERAL mm RECORDS PROVISIONS 112.531 De?nitions.??As used in ??iis part: (1) "Law enforcement officer? means any person, other than a chief of police, who is employed full time by any municipality or the state or any political subdivision thereof and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, traffic, or highway laWS of this state; and includes any person who is appointed by the sheriff as a deputy sheriff pursuant to s. (2) ?Correctional officer? means any person, other than a warden, who is appointed or employed full time by the state or any political subdivision thereof whose primary responsibility is the supervision, protection, care, custody, or control of inmates within a correctional institution; and includes correctional probation officers, as de?ned in s. 943.106). However, the term ?correctional officer? does not include any secretarial, clerical, or professionally trained personnel. History.?s. 1, d1. 74-274; s. 1, ch. 75-41; 5. 34, d1. 77-104; s. 1, d1. 82-156; s. 1, ch. 89-113; s. 1, ch. 93-19; 5. 3, ch. 2000-161. Copyright to 1995?2017 The Florida Legislature - Pu?vag Statement, - Contact Us 1l1 am Select Year: The 2016 Florida Statutes Tj?g mam 112 View OFFICERS: EMPLOYEES: AND PUBLIC OFFICERS AND EMPLOYEES: GENERAL 91am RECORDS PROVISIONS 112.532 Law enforcement of?cers? and correctional of?cers? rIghB.-All law enforcement of?cers and correctional of?cers employed by or appointed to a law enforcement agency or a correctional agency shall have the following rights and privileges: (1 RIGHTS OF LAW ENFORCEMENT OFFIGRS AND CORRECTIONAL OFFICERS UNDER INVBTIGATION. ?Whenever a law enforcement of?cer or correctional of?cer is under investigation and subject to interrogation by members of his or her agency for any reason that could lead to disciplinary action, suspension, demotion, or dismissal, the interrogation must be conducted under the following conditions: The interrogation shall be conducted at a reasonable hour, preferably at a timewhen the law enforcement of?cer or correctional of?cer is on duty, unless the seriotmms of the investigation is of such a degree that immediate action is required. The interrogation shall take place either at the office of the command of the investigating of?cer or at the office of the local precinct, police unit, or correctional unit in which the incident allegedly occu?red, as designated by the investigating officer or agency. The law enforcement of?cer or correctional of?cer under investigation shall be informed of the rank, name, and command of the of?cer in charge of the investigation, the interrogating of?cer, and all persons present during the interrogation. All questions directed to the officer mder interrogation shall be asked by or through one interrogator during any one investigative interrogation, unless speci?cally waived by the of?cer under investigation. The law enforcement of?cer or con?ectional of?cer under investigation must be informed of the nature of the investigation before any interrogation begins, and he or she must be informed of the names of all complainants. All identi?able witnesses shall be interviewed, whenever possible, prior to the beginning of the investigative interview of the accused officer. The complaint, all witness statements, including all other existing subject officer statements, and all other existing evidence, including, but not limited to, incident reports, GPS locator information, and audio or video recordings relating to the incident underinvestigation, be provided to each officerwho is the subject of the complaint before the beginning of any investigative interview of that officer. An of?cer, after being informed of the right to review witness statements, may voluntarily waive the provisions of this paragraph and provide a voluntary statement at any time. interrogating sessions shall be for reasonable periods and shall be timed to allow for such persoml necessities and rest periods as are reasonably necessary. The law enforcement of?cer or correctional officer under interrogation may not be subjected to offensive language or be threatened with transfer, dismissal, or disciplinary action. A promise or reward may not be made as an inducement to answer any questions. The formal interrogation of a law enforcement officer or correctional of?cer, including all recess periods, must be recorded on audio tape, or otherwise praerved in such a manner as to allow a transcript to be prepared, and there shall be no unrecorded questions or statements. Upon the request of the interrogated of?cer, a copy of any recording of the interrogation session must be made available to the interrogated officer no Later than 72 hours, excluding holidays and weekends, following said interrogation. 1/3 910/2017 If the law enforcement of?cer or correctional of?cer under interrogation is under arrest, or is likely to be placed under arrest as a result of the interrogation, he or she shall be completely informed of all his or her rights before commencing the interrogation. At the request of any law enforcement of?cer or correctional of?cer under investigation, he or she has the right to be represented by counsel or any other representative of his or her choice, who shall be present at all times doing the interrogation whenever the interrogation relates to the of?cer?s continued ?tnes for law enforcement or correctional service. 0) Notwithstanding the rights and privileges provided by this part, this part does not limit the right of an agency to discipline or to pursue criminal charges against an of?cer. (2) COMPLAINT REVIEW BOARDS.-A complaint review board shall be composed of diree members: One member selected by the chief administrator of the agency or unit; one member selected by the aggrieved of?cer; and a third member to be selected by the other two members. Agendas or units having ma'e than 100 law enforcement of?cers or correctional of?cers shall utilize a ?ve-member board, with two members being selected by the administrator, two members being selected by the aggrieved of?cer, and the ?fth member being selected by the other four members. The board members shall be law enforcement of?cers or correctional of?cers selected from any state, county, or municipal agency within the comty. There shall be a board for law enforcement officers and a board for correctional of?cers whose members shall be from the same discipline as the ggrieved officer. The provisions of this absection shall not apply to sheriffs or deputy sheriffs. (3) CIVIL SUITS BROUGHT BY LAW ENFORCEMENT OFFICERS OR CORRECTIONAL law enforcement of?cer or of - -- persons, or organization or corporation, or the head of such organintion or corporation, for damages, either pecuniary or otherwise, suffered during the performance of the officer's of?cial duties, for abridgment of the officer?s civil rights arising out of the of?cer?s performance of of?cial duties, or for filing a complaint against the of?cer which the person knew was false when it was ?led. This section does not establish a separate civil action against the of?cer?s employing law enforcement agency forlthe investigation and procesing of a complaint filed under this part. NOTICE OF DISCIPLINARY dismissal, demotion, transfer, reassignment, or other personnel action that might result in loss of pay or bene?ts or that might otherwise be considered a punitive measure may not be taken against any law enforcement of?cer or correctional of?cer unless the law enforcement officer or correctional of?cer is noti?ed of the action and the reason or reasons for the action before the effective date of the action. Notwithstanding 5. 1.12.5332). whenever a law enforcement of?cer or correctional of?cer is subject to disciplinary action consisting of suspension with loss of pay, demotion, or dismissal, the of?cer or the of?cer?s representative shall, upon request, be provided with a complete copy of the investigatiVe ?le, including the ?nal investigative report and all evidence, and with the opportunity to address the ?ndings in the report with the employing law enforcement agency before imposing disciplinary action consistirg of suspens'on with loss of pay, demotion, or dismissal. The contents of the complaint and investigation shall remain con?dential until such time as the employing law enforcement agency makes a ?nal determination whether or not to issue a notice of disciplinary action consisting of suspension with loss of pay, demotion, or dismissal. This paragraph does not provide law enforcement of?cers with a property interest or expectancy of continued employment, employment, or appointment as a law enforcement of?cer. (5) RETALIATION FOR EXERCISING law enforcement of?cer or correctional of?cer shall be discharged; disciplined; demoted; denied promotion, transfer, or reassignment; or otherwise discriminated against in regard to his or her employment or appointment, or be threatened with any such treatment, by reason of his or her exercise of the rights granted by this part. (6) LIMITATIONS PERIOD FOR DISCIPLINARY ACT Except as provided in this subsection, disciplinary action, suspension, demotion, or dismissal may not be undertaken by an agency against a law enforcement of?cer or correctional officer for any act, omission, or other 2?3 :U'i'r Statutes Cons?dtuiion :View Slalutes Online Sunshine llegation of misconduct if the investigation of the allegation is not completed within 180 days after the date the gency receives notice of the allegation by a person authorized by the agency to initiate an investigation of the iiSconduct. if the agency determines that disciplinary action is appropriate, it shall complete its investigation and ive notice in writing to the law enforcement officer or correctional officer of its intent to proceed with disciplinary ction, along with a proposal of the specific action sought, including length of suspension, if applicable. Notice to he officer must be provided within 180 days after the date the agency received notice of the alleged misconduct, lxcept as follows: 1. The running of the limitations period may be tolled for a period specified in a written waiver of the limitation the law enforcement officer or correctional officer. 2. The running of the limitations period is tolled during the time that any criminal investigation or prosecution is ending in connection with the act, omission, or o?dier allegation of misconduct- 3. if the investigation involves an officer who is incapacitated or otherwise unavailable, the running of the imitations period is tolled during the period of incapacitation or unavailability. 4. in a multijurisdictional investigation, the limitations period may be extended for a period of time reasonably recessary to facilitate the coordination of the agencies involved. 5. The running of the limitations period may be tolled for emergencies or natural dimsters during the time period vherein the Governor has declared a state of emergency within the jurisdictional boundaries of the concerned lgency. 6. The ninning of the limitations period is tolled during the time that the officer?s compliance hearing Jroceeding is continuing beginning with the filing of We notice of violation and a request for a hearing and ending - vith die written determination of the compliance review panel or upon the violation being remedied by the agency. An investigation against a law enforcement officer or correctional of?cer may be reopened, notwithstanding 'he limitations period for commencing disciplinary action, demotion, or dismissal, if: 1. Significant new evidence has been discovered that is likely to affect the outcome of the investigation. 2. The evidence could not have reasonably been discovered in the normal course of investigation or the evidence 'esulted from the predisciplinary response of the officer. Any disciplinary action resulting from an investigation that is reopened pursuant to this paragraph must be completed within 90 days after the date the investigation is reopened. History.-s. 2, ch. 74-274; s. 2, ch. 82-156; s. 2, ch. 93-19; s. 721, ch. 95-147; s. 1, ch. 93-249; s. 1, ch. 2000-134; 5. 1, ch. 2003-149; 5. 5, ch. 2005-100; 3. 1, ch. 2007-110; 3. 1, ch. 2009-200. Copyright 1995-2017 The Florida Legislature . Privacy Statement . gontact Us 313 wuuwuvn .vreuv was? - ?narrow-unu- Select Year: l?he 2016 Florida Statutes Mix mm PUBLIC EMPLOYEES- AND PUBLIC OFFICERS AND EMPLOYEES: GENERAL Chem RECORDS PROVISIONS 112.533 Receipt and processing of complaints.- Every law enforcement agency and correctional agency shall establish and put into operation a system for he receipt, investigation. and determination of complaints received by such agency from any person, which shall be he procedure for investigating a complaint against a law enforcement and correctional of?cer and for determining whether to proceed wiih disciplinary action or to file disciplinary charges, notwithstanding any other law or rrdinance to the contrary. When law enforcement or correctional agency personnel assigned the responsibility of nves?gating the complaint prepare an investigative report or summary, regardless of form, the person preparing the eport shall, at the time the report is completed: 1. Verify pursuant to s. 992.525 that the contents of the report are true and accurate based upon the person's :ersonal knowledge, infonnation, and belief. 2. Include the following statement, sworn and subscribed to pursuant to s. m: the undersigned, do hereby swear, under penalty of perjuy, that, to the best of my personal knowledge, nformation, and belief, I have not knowingly or willfully deprived, or allowed another to deprive, the subject of the nvestigation of any of the rights contained in as 12532 and 112.533.. Florida Statutes.? r'he requirements of subparagraphs i. and 2. shall be completed prior to the determination as to whether to proceed vith disciplinary action or to ?le disciplinary charges. This absection does not preclude the Criminal Justice Standards and Training Commision from exercising its authority under chapter 943. Any political subdivision that inidates or receives a complaint against a law enforcement of?cer or :orrectional of?cer must within 5 business days forward the complaint to the employing agency of the of?cer who is he subject of the complaint for review or investigation. 2. For purposes of this paragraph, the term ?political subdivision? means a separate agency or unit of local government created or established by law or ordinance and the of?cers thereof and includes, but is not limited to, in authority, board, branch, bureau, city, commission, consolidated government, county, department, district, Institution, metropolitan government, municipality, office, of?cer, ptblic corporation, town, or village. (2) A complaint ?led against a law enforcement of?cer or correctional of?cer with a law enforcement agency or correctional agency and all information obtained pusuant to the investigation by the agency of the :omplaint is con?dential and exempt from the provisions of s. 119.076) until the investigation ceases to be active, or until the agency head or the agency head?s designee provides written notice to the officer who is the subject of the complaint, either personally or by mail, that the agency has either: 1. Concluded the investigation with a finding not to proceed with disciplinary action or to ?le charges; or 2. Concluded the investigation with a finding to proceed with disciplinary action or to ?le charges. \lotwithstand'ing the foregoing provisions, the of?cer who is the slbject of the complaint, along with legal counsel or any other representative of his or her choice, may review the complaint and all statements regardless of form made 3y the complainant and witneses and all existing evidence, including, but not limited to, incident reports, analyses, 3P5 locator information, and audio or video recordings relating to the investigation, immediately before beginning WIMII was aluminum MOW m: the investigative interview. All statements, regardles of form, provided' by a law enforcement of?cer or correctional of?cer during the course of a complaint investigation of that of?cer shall be made under oath pursuant to s. m. Knowingly false statements given by a law enforcement officer or conectional officer under investigation may subject the law enforcement of?cer or correctional of?cer to prosecution for perjury. if a witness to a complaint is incarcerated in a correctional facility and may be under the supervision of, or have contact with, the officer under investigation, only the names and written statements of the complainant and nonincarcerated witnesses may be reviewed by the officer under investigation immediately prior to the beginning of the invatigative interview. This subsection does not apply to any public record which is exempt from public disclosure pusuant to chapter 119. For the purposes of this subsection, an investigation shall be considered active as long as it is continuing with a reasonable, good faith anticipation that an administrative ?nding will be made in theforeseeable fumre. An investigation shall be presrmed to be inactive if no ?nding is made within 45 days after the complaint is filed. Notwithstanding other provisions of this section, the complaint and information shall be available to law enforcement agencies, correctional agencies, and state attorneys in the conduct of a lawful criminal investigation. (3) A law enforcement of?cer or correctional of?cer has the right to review his or her of?cial personnel ?le at any reasonable time under the supervision of the designated records custodian. A law enforcement of?cer or conectional of?cer may attach to the ?le a concise statement in response to any items included in the ?le identified by the officer as derogatory, and copies of such items must be made available to the of?cer. (4) Any person who is a participant in an internal investigation, including the complainant, the subject of the investigation, and any witnesses in the investigation, who willfully discloses any information obtained pursuant to the agency?s investigation, including, but not limited to, 'die identity of the officer under investigation, the nature of the questions adred. information revealed, or documents furnished in connection with a con?dential intemal investigation of an agency, before such complaint, document, action, or proceeding becomes a public record as provided in this section commits a misdemeanor of the first degree, punishable as provided in s. 225,082 or s. m. However, this srbsection does not limit a law enforcement or correctional officer's ability to gain access to information under paragraph Additionally, a sheriff, police chief, or other head of a law enforcement agency, or his or her designee. is not precluded by this section from acknowledging the existence of a complaint and the fact that an investigation is underway. History.?s. 3, ch. 74-274; s. 3, d1. 82-156; 5.1, ch. 82-405; s. 1, ch. 83-136; s. 1, ch. 87-59; 5. 2, ch. ch. 90-32; s. 31, ch. 90-360; s. 3, ch. 93-19; 5. 722, ch. 95-147; s. 39, Ch. 96-406; s. 2, ch. 98-249; s. 2, d'l. 2000-134; 5. 2, ch. 2003-149; s. 33, ch. 2004-335; s. 42, ch. 2005-25135. 2, ch. 2007.110; s. 1, ch. 2007-118; 5. 2, ch. 2009-200. Copyright 1995-2017 The Florida Legislature - Waterman: .4- uicnum Ut- vwmumuu: .viuw . u: ?u in Select Year: The 2016 Florida Statutes Jim?El Chagter11z OFFICERS: EMPLOYEES: AND PUBLIC OFFICERS AND EMPLOYEES: GENERAL Chap-tel RECORDS PROVISIONS 112.534 Failure to comply; of?cial misconduct.? (1) If any law enforcement agency or correctional agency, including investigators in its internal affairs or rofessional standards division, or an assigned investigating supervisor, intentionally fails to comply with the aquirements of this part, the following procedures apply- For purposes of this section, the term ?law enforcement fficer? or ?correctional officer? includes the officer?s representative or legal counsel, except in application of aragraph The law enforcement officer or correctional officer shall advise the investigator of the intentional violation the requirements of this part which is alleged to have occurred. The officer?s notice of violation is sufficient to otify the investigator of the requirements of this part which are alleged to have been violated and the factual basis each violation. if the investigator fails to cure the violation or continues the violation after being notified by the law nforcement officer or correctional officer, the officer shall request the agency head or his or her designee be nformed of the alleged intentional violation. Once this request is made, the intendew of the officer shall cease, and he officer?s refusal to respond to further investigative questions does not constitute insubordination or any similar ype of policy violation. Thereafter, within 3 working days, a written notice of violation and request for a compliance review hearing hall be ?led with the agency head or designee which must contain sufficient information to identify the equiremenu of this part which are alleged to have been violated and the factual basis of each violation. All avidence related to the investigation must be preserved for review and presentation at the compliance review learing. For purposes of confidentiality, the compliance review panel hearing shall be considered part of the original nvestigation. Unless othenvise remedied by the agency before the hearing, a compliance review hearing must be :onducted within ?10 working days after the request for a compliance review hearing is filed, unless, by mutual Lgreement of the officer and agency or for extraordinary reasons, an alternate date is chosen. The panel shall eview the circumstances and facts surrounding the alleged intentional violation. The compliance review panel shall 1e made up of three members: _one member selected by the agency head, one member selected by the of?cer ?ling he request, and a third member to be selected by the other two members. The review panel members shall be law snforcement officers or correctional officers who are actiVe from the same law enforcement discipline as the officer equesting the hearing. Panel members may be selected from any state, county, or municipal agency within the :ounty in which the officer works. The compliance review hearing shall be conducted in the county in which the ifficer Works. It is the responsibility of the compliance review panel to determine whether or not the investigator or agency ntentionally violated the requirements provided under this part. it may hear evidence, review relevant documents, 1nd hear argument before making such a determination; however, all evidence received shall be strictly limited to he allegation under consideration and may not be related to the disciplinary charges pending against me officer. ?he investigative materials are considered confidential for purposes of the compliance review hearing and letermination. 1/2 dl' win: 1 animus:- a DUI -VSUW autumn . U1 \Jullbl The officer bears the burden of proof to establish that the violation of this part was intentional. The standard of proof for such a determination is by a preponderance of the evidence. The determination of the panel must be made at the conclusion of the hearing, in writing, and filed with the agency head and the officer. [f the alleged violation is sustained as intentional by the compliance review panel, the agency head shall immediately remove the investigator from any further involvement with the investigation of the officer. Additionally, the agency head shall direct an investigation be initiated against the investigator determined to have intentionally violated the requirements provided under this part. for purposes of agency disciplinary action. If that investigation is sustained, the sustained allegations against the investigator shall be forwarded to the Criminal Justice Standards and Training Commission for review as an act of official misconduct or misuse of position. All the provisions of s. 838.022 shall apply to this part. The provisions of chapter 120 do not apply to this part. History?s. 4, d1. 74-274; 5. 35, ch. 77-104; 5. 1, ch. 78-191; 5. 4, Ch. 82-156; 5. 4, d1. 93-19; 5. 3, ch. 2000-184; 5. 8, Ch. 2003-158; 5. 3, ch. 2009-200; 5. 5, ch. 2011-4; 5. 6, ch. 2016-151. Copyright 1995-2017 The Florida Legislature - Privacy Statement - Contact Us 2L2