Sheriff overstepped authority on labor contract

Sheriff Bob White did not have the right to impose a labor contract on the Pasco deputies union after negotiations reached an impasse, according to a recommendation by a state labor official.

The recommended order, which will go to the full Public Employees Relations Commission for consideration, addresses an open question in Florida labor law: who is the "legislative body" with final say in resolving labor impasse issues?

The Fraternal Order of Police, which represents Pasco deputies, says it's the County Commission. The sheriff says it's him.

So in March, White held a hearing on the issues that had stalled the union's labor contract: health insurance for retirees and the right to appeal disciplinary actions. He later ruled in favor of his own position on the matters.

The union filed suit, challenging the sheriff's authority to decide the impasse issues.

The Employees Relations Commission hearing officer wrote July 1 that the Sheriff's Office does not fit the definition of "legislative body" because it doesn't have the power to establish employment policy or appropriate funds.

"By purporting to resolve disputed impasse issues, the sheriff interfered with employees' rights to have the County Commission resolve those issues," according to the order. "Accordingly, the sheriff committed an unfair labor practice."

The order recommended that the sheriff be required to cease and desist from acting as the legislative body and post notices for his employees saying as much.

But the recommendation is just that. Either side can file exceptions to it, and then the issue goes for final decision by Employment Relations Commission.

Sheriff's Office spokesman Doug Tobin referred questions to White's labor attorney, Wayne Helsby, who did not return a call for comment.

Stuart Rosenfeldt, attorney for the FOP, said Helsby told him he plans to file exceptions.

Following PERC's decision, the case would probably go to an appeals court, and possibly the Florida Supreme Court.

"This is going to have a statewide effect. It's a first impression, it's the first time PERC has ruled on this issue."

Comments on this article

by Jimmy	Jul 16, 2008 7:37 PM
Lots of controversy surrounding Sheriff White. An in depth article on all candidates for Sheriff might help voters make an informed decision. So far there's been little or no reporting on Sullivan, Deremer,Bogart & Kinzy.

by pat	Jul 16, 2008 7:16 PM
Kent, your diatribe against PERC is totally unwarranted in this case. How could ANY body rule that Sheriff White could serve as the arbiter of a dispute involving himself. It would be like allowing a judge to sit a case where you were suing him.

by Geno	Jul 16, 2008 7:09 PM
Get rid of the cockroach...its that simple people.

by Carl	Jul 16, 2008 8:38 AM
White's arrogance and refusal to speak to or answer to the complaints of all citizens in Pasco County confirms the need for change. According to comments on this article, White is out numbered 19-1. Sorry Elizabeth and family who posted in favor.

by leigh	Jul 16, 2008 8:37 AM
Sheriff White is no different then any other person who puts on that uniform, because you wear this uniform you all think you are holier then thou, and your not I will be voting for him if the public has to suffer the employee can to. Good luck White

by Jon	Jul 16, 2008 8:37 AM
It's clear White's support is dwindling amongst the citizens and staff in Pasco County. More information on the other candidates, please. That should provide voters a good idea as to who is best suited to be the next Sheriff in Pasco County.

by Ian	Jul 16, 2008 7:33 AM
Nobody cares if they're comments are banished from Pasco's other website. When members of local law post & claim they are being followed, possibly for political choices,and then make veiled threats, that's more of a reason for banishment.

by Forefathers	Jul 16, 2008 7:33 AM
A shame when individuals have such a fear for the truth, they take every step to banish those truths from the public. Pasco County and the State of Florida have plunged into a sinkhole of Constitutional Illiteracy & suffer from Big Brother syndrome.

by Hopeful	Jul 16, 2008 7:33 AM
We can stop White. Tell everyone you know about this and everything White has done. White thinks he is going to win because he has money. Help support the candidate you are backing. Your financial support will help them get the word out as well.

by Elizabeth	Jul 16, 2008 7:32 AM
I like working for Sheriff White and me, my family and neighbors will be voting for him.

by Peter	Jul 16, 2008 7:32 AM
Yeah, go Sullivan!

by Lori	Jul 15, 2008 8:36 PM
Please pasco VOTE THIS MAN OUT OF OFFICE!! He alot like previous Sheriff cannon has gotten 2nd term--my ball, my game mentality.This man CANNOT see the forest for the trees. The deputies all want a new boss. Vote anyone else sheriff in 2008

by Kent	Jul 15, 2008 8:35 PM
PERC is made up of liberal lawyers who are sympathetic to unions and one former big union goon from Miami. The rulings usually come back in favor of the police or fire unions. PERC is a joke and should be revamped.

by Danny	Jul 15, 2008 8:30 PM
I am tired of this mans inability to lead the Sheriff's Office. His decisions are incorrect and he has failed not only the community, but his men. I have but one vote, but I do have a voice and my family, neighbors and co-workers not vote for White.

by John	Jul 15, 2008 8:27 PM
White is holding to his decision based on a fractured ego and it has clouded his principles. Shame on him for that. He is spending taxpayer money on issues that wouldn't have cost a dime to negotiate an agreement on. Vote him out in the primary!

by PASCO PETE	Jul 15, 2008 5:43 PM
Steve is right let it go untill Nov. election he will be gone and we can start fresh White has a huge ego so why are we feeding it?

by Bill	Jul 15, 2008 5:39 PM
How arrogant! Anyone with any sense, especially an elected official, should know that the sheriff is NOT a legislative body. Shame on you Bob White; you're done, gone, kaput, outta here!

by Steve	Jul 15, 2008 5:38 PM
I am new to Pasco, but have seen nor heard anything good about Sheriff White, I will not be voting for him.

by Heather	Jul 15, 2008 5:36 PM
I hope that everytime a Pasco citizen drives by a "White for Sheriff" sign they stop and think of the horrible things he stands for and the terrible things he has done to this community and to his office,I pray for the day when he walks out the door!

by Walter	Jul 15, 2008 5:24 PM
I'm so glad that I no longer reside in Pasco County. Though Pasco may be one of the fastest growing counties in Florida, it is without question also one of the filthiest counties in Florida. Sheriff White is out of control and therefore, so is CRIME!

by LilTim	Jul 15, 2008 3:52 PM
People of Pasco please vote him out. He has lost the confidence of his deputies and the people he was chosen to protect.

by SteveS	Jul 15, 2008 8:02 AM
I hope Pasco taxpayers are aware of how much this legal stuff is going to cost. I bet that if the sheriff has his way the final costs will be over one hundred thousand dollars probaly double that. Ego like this is terrible leadership.

by Mary Black	Jul 15, 2008 8:01 AM
A White family trait. Rolling over the authority of anyone else in favor of their own opinions in order to mainatain complete control.Power trips of the White's acting as judge and jury tramling over anyone with an opinion different from them.

by Larry	Jul 15, 2008 8:01 AM
Another shining example of Sheriff White's imcompetence, Just think how much money he is wasting on legal fees to defend his ego. Any person with a brain knows he was comitting any illegal act, but not him. VOTE HIM OUT OF OFFICE !!!

by pat	Jul 15, 2008 12:37 AM
"He later ruled in favor of his own postition on the matters." My way or the highway. That kind of says it all.