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Published: February 13, 2008

With two issues reportedly remaining to be resolved in talks on a new contract between the Pasco County Sheriff's Office and its deputies, one side is headed to court. We understand the need to seek leverage during collective bargaining, but the suit, if ruled on, may have only a short-term impact.

The Fraternal Order of Police, the union that represents Pasco deputies, wants a judge to declare the County Commission the final word on employee discipline matters for the Sheriff's Office. The deputies aren't suing over the other unresolved contract difference, whether the Sheriff's Office should be required to help deputies who retire before they are old enough to qualify for Medicare acquire health insurance coverage.

As things stand now regarding the discipline issue, Sheriff Bob White is the final word when a deputy appeals a decision handed down by Sheriff's Office superiors. That is "absurd," says Stuart A. Rosenfeldt, the attorney who filed the legal action last week on behalf of deputies. In effect, that makes one party to a dispute the judge, Rosenfeldt says.

Wayne L. Helsby, an attorney representing White, says state law makes sheriffs the final word on discipline actions within their agencies.

A judge could hand down a ruling as to which side is right, but legislation pending before state lawmakers could settle the question. One proposed bill would make sheriffs the final arbiters or discipline matters. A separate piece of legislation would give the power to county commissions.
This is one of those instances in which the collective, albeit less-than-perfect, wisdom of 160 members of the Florida House and Senate should hold sway over the finding of one lone judge, regardless of how wise that jurist's ruling might be.

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