1.            Request approval of the minutes of the meeting held June 12, 20 03.

            2.     Consideration of a Petition for Appeal of the Hendry County Board of County

                    Commissioners’ Approval of the Hendry County Sheriff’s Budget for Fiscal

                        Year 2002-2003.  (AC Case No. SBA-03-001).

            Pursuant to section 129.03, Florida Statutes, on or before June 1 of each year, sheriffs are required to submit a tentative budget to the board of county commissioners for the operation of the sheriff’s office for the ensuing fiscal year.  Along with the tentative budget, section 30.49, Florida Statutes, requires the sheriff to submit a sworn certificate that the proposed expenditures are “reasonable and necessary for the proper and efficient operation of the office for the ensuing year.”  The board of commissioners is to review the budget request and may require changes made as it deems necessary.  Upon receipt of the tentative budget and completion of any revisions, the board of commissioners is required to prepare a statement summarizing all county offices adopted tentative budgets.  This summary statement is to be advertised in the local newspaper or posted on the local courthouse door if there is no local newspaper.  The board of commissioners is required to hold public hearings prior to finalizing the budgets to hear requests or complaints from the public.  The final budget is filed in the office of the county auditor as a public record.  Section 30.49, Florida Statutes, allows the sheriff, within 30 days, to file an appeal to the Administration Commission regarding the approved budget.  The Executive Office of the Governor is required to provide a budget hearing to allow both parties to present their case.  Upon the findings and recommendations of the Executive Office of the Governor, the Administration Commission may amend the budget if it finds that any aspect of the budget is unreasonable.  The budget as approved, amended or changed by the Administration Commission is final.

On October 31, 2002, the Hendry County Sheriff's Office (Sheriff), pursuant to section 30.49(4), Florida Statutes, filed an appeal of their Fiscal Year (FY) 2002-2003 budget approved by the Hendry County Board of County Commissioners (Board).  On November 5, 2002, the Board filed its response to the appeal. 

The Board initially approved a FY 2002-2003 Sheriff’s budget of $6,969,539.  On October 8, 2002, the Board approved a budget amendment for an additional $47,794, bringing the Sheriff’s total approved budget to $7,017,333; a 7.6 percent increase from the 2001-2002 approved budget.

Three issues are raised in this appeal: (1) an increase in base salaries in the amount of $1,000 plus benefits for 127 positions totaling $157,048; (2) a new EMS/Dispatcher position totaling $33,764 for salaries and benefits; and (3) reduction from the requested funds for contingencies. 

As required by statute, the Executive Office of the Governor held a public meeting on June 5, 2003, to hear both parties present their case.  A three-member panel consisting of Mr. Paul Mitchell of the Chief Financial Office, Mr. Thomas Wheeler of the Attorney General’s Office, and Mr. Brad Thomas of the Governor’s Office of Policy and Budget, received comments from both the Board and the Sheriff.  On July 7, 2003, the panel met in a public meeting to discuss and finalize the recommendations to the Administration Commission.   

                Recommendation:

Based on the presentations and data provided by the Sheriff and the Board, the panel unanimously recommends that the Administration Commission direct the Board to provide a total of $78,524 in additional funding to the Sheriff.  This total consists of one-half of the amount of salaries and benefits the sheriff was seeking for base salary increases.  This funding is to provide the Sheriff the discretion to allocate a $500 base salary increase for the 127 positions, or to allocate as he determines and allowed by union rules.  

            Back-Up:

Hendry County Sheriff’s Office appeal of the Hendry County Board of County Commissioner’s approval of the Hendry County Sheriff’s budget for FY 2002-2003 filed October 31, 2002.

Hendry County Board of County Commissioner’s response to the Sheriff’s budget appeal filed November 5, 2002.

Recommendations of the Budget Hearing Panel as discussed in a public meeting held July 7, 2003.

Draft Final Order.

3.                      Consideration of a Petition for Appeal of the Charlotte County Board of County Commissioners’ Approval of the Charlotte County Sheriff’s Budget for Fiscal Year 2002-2003.  (AC Case No. SBA-03-002).

Pursuant to section 129.03, Florida Statutes, on or before June 1 of each year, sheriffs are required to submit a tentative budget to the board of county commissioners for the operation of the sheriff’s office for the ensuing fiscal year.  Along with the tentative budget, section 30.49, Florida Statutes, requires the sheriff to submit a sworn certificate that the proposed expenditures are “reasonable and necessary for the proper and efficient operation of the office for the ensuing year.”  The board of commissioners is to review the budget request and may require changes made as it deems necessary.  Upon receipt of the tentative budget and completion of any revisions, the board of commissioners is required to prepare a statement summarizing all county offices adopted tentative budgets.  This summary statement is to be advertised in the local newspaper or posted on the local courthouse door if there is no local newspaper.  The board of commissioners is required to hold public hearings prior to finalizing the budgets to hear requests or complaints from the public.  The final budget is filed in the office of the county auditor as a public record.  Section 30.49, Florida Statutes, allows the sheriff, within 30 days, to file an appeal to the Administration Commission regarding the approved budget.  The Executive Office of the Governor is required to provide a budget hearing to allow both parties to present their case.  Upon the findings and recommendations of the Executive Office of the Governor, the Administration Commission may amend the budget if it finds that any aspect of the budget is unreasonable.  The budget as approved, amended or changed by the Administration Commission is final.

On November 7, 2002, the Charlotte County Sheriff's Office (Sheriff), pursuant to s. 30.49(5), Florida Statutes, filed an appeal of their 2002-2003 budget approved by the Charlotte County Board of County Commissioners (Board).  On November 26, 2002, the Board filed its response to the appeal. 

The Sheriff originally requested a total budget for 2002-2003 of $34,235,591.  The Board approved a 2002-2003 Sheriff’s budget of $31,902,091; an 8.13% increase from the 2001-2002 approved budget.  Two issues are raised in this appeal: (1) reduction from the requested amount in the Personal Services budget; and (2) reduction from the requested amount in the Capital Outlay budget. 

As required by statute, the Executive Office of the Governor (EOG) held a public meeting on June 4, 2003, to hear both parties present their case.  A three-member panel consisting of Mr. Paul Mitchell, of the Department of Financial Services, Mr. Tom Wheeler of the Attorney General’s Office, and Mr. Brad Thomas of the Governor’s Office of Policy and Budget, received comments from both the Board and the Sheriff.  On July 7, 2003, the panel met in a public meeting to discuss and finalize the recommendations to the Administration Commission.

Recommendation:

The hearing panel found that the Sheriff was inadequately funded when compared to similar sheriffs' departments.  The panel recommends that the Administration Commission direct the Charlotte County Board of County Commissioners to fund an additional $950,567 to the Charlotte County Sheriff’s Office, to include $700,567 in the Personal Services category and $250,000 in the Capital Outlay category.  The hearing panel strongly recommends that the Sheriff use the $700,567 in the Personal Services category to fund the 21 new positions as requested in the Sheriff’s 2002-2003 budget request.  In addition, the panel recommends the $250,000 be used to fund equipment and vehicles for the new positions.

The hearing panel also recommends that the Sheriff, working with the Board, develop and implement a position control system and develop and implement a standard format for requesting a budget that will specifically identify and verify a base budget.  Additionally, the hearing panel recommends that, pursuant to section 30.49(4), Florida Statutes, the Board should “give written notice of its action (approved budget) to the sheriff and specify in such notice the specific items amended, modified, increased, or reduced.”  These recommendations are made to reduce the likelihood that future budget appeals will be filed.

Back-Up:

Charlotte County Sheriff’s Office appeal of the Charlotte County Board of County Commissioners' approval of the Charlotte County Sheriff’s budget for FY 2002-2003 filed November 7, 2002.

Charlotte County Board of County Commissioners’ response to the Sheriff’s appeal filed November 26, 2002.

Budget Hearing Panel staff analysis of the Charlotte County Sheriff’s 2002-2003 Budget Appeal.

Additional information requested from the Charlotte County Board of Commissioners on December 20, 2002.

Additional information requested from the Charlotte County Sheriff’s Office on December 26, 2002.

Additional information provided from the Charlotte County Sheriff’s Office on April 25, 2003.

Charlotte County Sheriff’s Office Law Enforcement Personnel Study 2003 provided on May 7, 2003.

Charlotte County Board of Commissioners’ review of Sheriff Clement’s offer to settle the appeal provided on June 3, 2003.

Charlotte County Board of Commissioners’ presentation to the Budget Hearing Panel on June 4, 2003.

Charlotte County Sheriff’s presentation to the Budget Hearing Panel on June 4, 2003.

Requested supplemental information provided by the Charlotte County Board of Commissioners on June 9, 2003.

Mac Horton’s letter to the Budget Hearing Panel dated June 11, 2003.

Requested supplemental information provided by the Charlotte County Sheriff’s Office on June 11, 2003.

Additional requested supplemental information provided by the Charlotte County Sheriff’s Office on June 17, 2003.

Succession of letters provided by the Florida Sheriffs Association on July 7, 2003.

Recommendations of the Budget Hearing Panel as discussed in a public meeting held July 7, 2003.

Draft Final Order.