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Home My WebLink About05171989 PERC Case No LO-88-007 LAW OFFICES FORUM 111 B SUITE 900 OF (655 PALM BEACH LAKES BOULEVARD ly P.A. EST PALM 6EACH, FLORIDA 3340 LABOR AND RICHESON I3Kati N / y A (407) 669 -6660 EMP:_O`'MENT LAW ,35 ,_5 NORTH MAGNC`A AVENUE J DAVID RICHESON P057 OFFICE BOX 3006 JAMES G BROWN ORLANDO, FLORIDA 32602 . JOSEPH J. MANCINI May 17, 1 9 89 (407) 425 - 7755 DOROTHY F. GREEN 3;7 50'_)TH 2ND STREET HELEN E SCOTT POST OFFICE B0 4048 PLEASE REPLY 70 FORT PIERCE, FLORIDA 34946 (407) 465-5))) Orlando Ms. Althea Parrish City of Sanford P. 0. Box 1778 Sanford, FL 32772 -1778 Ms. Althea Parrish City of Sanford Local Option Public Employees Relations Commission P. O. Box 386 Sanford, FL 32771 Dear Ms. Parrish: Enclosed please find the Notice of Compliance which our office filed with the State of Florida Public Employees Relations Commission. The Notice of Compliance was served on May 12, 1989 and was filed on May 15, 1989. By our estimates, the filing was one week before the Commission's deadline. We believe that the adopted Ordinance complies with the State PERC's prior Order and that the State PERC will be issuing a ruling which holds that Sanford's Ordinance is in compliance. We are reviewing the Local Commission's rules and regulations for compliance and will be contacting you relative to such changes. rAnce ely, / J mes G. ;Brown JGB /kju i Enclosure \ 5 161718 1 8 2 AA ci 9 eei ivz LS 1 'l `�1` 1C0E 6 2� STATE OF FLORIDA PUBLIC EMPLOYEES RELATIONS COMMISSION IN RE • : CASE NO. LO -88 -007 CITY OF SANFORD LOCAL • OPTION ORDINANCE • NOTICE OF COMPLIANCE WITH COMMISSION ORDER DATED MARCH 22, 1989 The CITY OF SANFORD and THE CITY OF SANFORD LOCAL OPTION PUBLIC EMPLOYEES RELATIONS COMMISSION, by and through the under- signed attorney, file this Notice of Compliance and state: {, 1. By Order dated March 22, 1989, the Commission ordered that amendments to the City of Sanford's local option be filed within sixty (60) days and that the amendments conform to the terms of a prior Commission Order dated January 11, 1989. 2. Attached to this Notice is a certified copy of Ordinance No. 2025 which was passed by the City Commission of the City of Sanford, FLorida on May 8, 1989. The attached Ordinance contains the amendments to the local option ordinance which were mandated by the prior Commission Orders. WHEREFORE, the CITY OF SANFORD and THE CITY OF SANFORD LOCAL OPTION PUBLIC EMPLOYEES RELATIONS COMMISSION request that Ordinance 2025 be accepted by the Commission as compliance with its prior Orders. Respectf -silly subs itted, A 9 JA E'S G. �IWN, ESQ. R 'cheson Brown, P.A. P. 0. Box 3006 'irlando, FL 32802 (407)425 -7755 General Counsel - City of Sanford Local Option PERC CERTIFICATE OF SERVICE I HEREBY CERTIFY that an original and one copy of the fore- going was served by Federal Express on this tA day of May , 1989 upon the State of Florida, Public Employees Relations Commission, 2586 Seagate Drive, Turner Building, Suite 100, Tallahassee, FL 32399 -2171. 4A$ S G. BROW,, ES . H ORDINANCE NO. 2025 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 1535 OF THE SAID CITY, SAID ORDINANCE PERTAINING TO THE CITY OF SANFORD PUBLIC EMPLOYEES RELATIONS COMMISSION; SAID AMENDMENT CHANGING SEC. 1.006(2) TO DELETE AN EXCLUSION FROM NEGOTIATIONS RELATING TO RETIREMENT; SAID AMENDMENT CHANGING SEC. 1.010(5) TO DELETE AN EXCEPTION DEALING WITH THE EXCLUSION FROM ANY COLLECTIVE BARGAINING AGREEMENT OF RETIREMENT PROVISIONS PROVIDED IN ANY FLORIDA STATUTE OR ORDINANCE; SAID AMENDMENT CHANGING SEC. 1.012(2) TO PROVIDE FOR THE WAIVER OF A SPECIAL MASTER IN IMPASSE RESOLUTION PROCEDURES; SAID AMENDMENT CHANGING SEC. 1.003 TO ADD A SEC. 1.003(3) WHICH PROVIDES THAT COMMISSION DELIBERATIONS ARE EXEMPT FROM CHAPTER 286, FLORIDA STATUTES, AND THAT COMMISSION HEARINGS AND ORAL ARGUMENT ARE OPEN TO THE PUBLIC AND THAT DRAFT ORDERS ARE EXEMPT FROM THE PROVISIONS OF CHAPTER 119, FLORIDA STATUTES; SAID AMENDMENT CHANGING SEC. 1.008(3) TO PROVIDE THAT REGISTRATION MONIES SHALL BE DEPOSITED IN THE GENERAL REVENUE FUND; SAID AMENDMENT CHANGING SEC. 1.008(4) TO PROVIDE THAT NOTIFICATION OF REGISTRATION SHALL BE FURNISHED TO THE DIVISION OF LABOR, EMPLOYMENT AND TRAINING OF THE DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD, FLORIDA: SECTION 1: That Sec. 1.006(2) of Ordinance No. 1535 of the City of Sanford, Florida,. passed and adopted November 10, 1980, said Ordinance pertaining to the City of Sanford Public Employees Relations Commission, be and the same is hereby amended as follows: Section 1.006(2) - Public employees shall have the right to be represented by any employee organization of their own choosing and to negotiate collectively, through a certified bargaining agent, with their public employer in the determination of the terms and conditions of their employment. Public employees shall have the right to be represented in the determination of grievances on all terms and conditions of their employment. Public employees shall have the right to refrain from exercising the right to be represented. SECTION 2: That Sec. 1.010(5) of Ordinance No. 1535 of the City of Sanford, Florida, passed and adopted November 10, 1980, said Ordinance pertaining to the City of Sanford Public n n . 7 ,..,11 „, i / 'Employees Relations Commission, be and the same is hereby amended t, f + as follows: Section 1.010(5) - Any collective bargaining agreement shall not provide for a term of � existence of more than three (3) years and shall contain all of the terms and conditions IL "' of employment of the employees in the 1 ;'; bargaining unit during such term except those , i ; r. terms and conditions provided for in � applicable merit and civil service rules and j1 regulations. $ i SECTION 3: That Sec. 1.012(2) of Ordinance No. 1535 of j;f!1 n , the City of Sanford, Florida, passed and adopted November 10, j; 1980, said Ordinance pertaining to the City of Sanford Public i , x i Employees Relations Commission, be and the same is hereby amended j „ as follows : 0 Section 1.012(2) - If no mediator is � the request of either 1'' • t'' ' appo or upon h H4 party, the commission shall appoint, and �c., submit all unresolved issues to, a special {. master, the commission shall appoint, in its a discretion, a qualified special master. ;' i ; However, if the parties agree in writing to 4#'; waive the appointment of a special master, the parties may proceed directly to resolution of the impasse by the legislative 0. body pursuant to paragraph 4(d). Nothing in ". this section precludes the parties from using the services of a mediator at any time during ,t 5 ` the conduct of collective bargaining. r, , ? to SECTION 4: That Sec. 1.003 of Ordinance No. 1535 of l': 1..T, the City of Sanford, Florida, passed and adopted November 10, rIA ; ' 1980, said Ordinance pertaining to the City of Sanford Public 1 17 Y` °44 Employees Relations Commission, be and the same is hereby amended ( by adding Section 1.003(3) which reads as follows: w + ': Yn }e d Section 1.003(3) - The deliberations of the F ' commission in any proceeding before it are +i ¢, ,e Y exempt from the provisions of chapter 286, `,I,,,. tr rk �a a Florida Statutes. However, any hearing held ,.. or oral argument heard by the commission pursuant to chapter 120 or this Ordinance ' : ; shall be open to the public. All draft I ', orders developed in preparation for, or F preliminary to, the issuance of a final 4,'1';' written order are exempt from the provisions ;, of chapter 119, Florida Statutes. ' ',, SECTION 5: That Sec. 1.008(3) of Ordinance No. 1535 of '; 4 the City of Sanford, Florida, passed and adopted November 10, X 14 .' ht' 4 1 r i 1 PI a Fps Ordinance No. 2025 4 r, y ;f 6 t . , ,w " °144t1rr ' 4.'1'+':11'1,- -, # I �1 I ' ,# ;I' 1980, said Ordinance pertaining to the City of Sanford Public rnployees Relations Commission, be and the same is hereby amended i{ xs follows: i Section 1.008(3) - A registration fee shall �' accompany each application filed with the I�� commission. The amount charged for an 1 . application for registration or renewal of 11 registration shall not exceed fifteen dollars l' ($15.00). All such money collected by the 4lGi, commission shall be deposited in the General t Revenue Fund. � l 1 =1F SECTION 6: That Sec. 1.008(4) of Ordinance No. 1535 of III ' I the City of Sanford, Florida, passed and adopted November 10, 1 ilv 1980, said Ordinance pertaining to the City of Sanford Public .,cif k::mployees Relations Commission, be and the same is hereby amended 1 ; as follows: ,�� A Section 1.008(4) - Notification of , registrations and renewals of registration j, { shall be furnished at regular intervals by 1'1, the commission to the Division of Labor, ,{, Employment, and Training of the Department of �C�I Labor and Employment Security. T�, �4 SECTION 7: If any section or portion of a section of ,, this Ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to invalidate or impair 4 the validity, force or effect of any other section or part of fit 4 J ' 1 1 4, 7 IN this Ordinance. I SECTION 8: That all ordinances or parts of ordinances 4 in conflict herewith be and the same are hereby revoked. I, SECTION 9: That this ordinance shall become effective immediately upon its passage and adoption. 4i!:; folk 1' 1{,f 1 * I 11 1 1 ik i i r � i F il 1 m ' It 4 . { 1{tyr 1i t r Ordinance No. 2025 S HI (;i(its 11 l ri I I., I i J 'H PASSED AND ADOPTED this 8th day of M , 'fig A.D. 1989. 4 _ 4,, AV MAYOR ATTEST: / W k Y CLERK , 604 4 /ie.g/ ,r: a \- 42e Y . ( p„,,14,4_,,,, If �J . 1 ; E , t 1) / ' ' !� �� 1 :'s' 'h- Cit " Co s`sion of the City of Sanford, Florida.' L ?A ,i; :t t l . , C E R T I F I C A T E " `,)', k f.,:. I, Janet R. Donahoe, City Clerk of the City of &a ford Florida do hereby certify that a true and �� co rect copy of the foregoing Ordinance No. 2025, PA SED AND ADOPTED by the City Commission of the City r of Sanford, Florida, on the 8th day of May, 1989, was `'" PO TED at the front door of the City Hall in the City ir;, of Sanford, Florida, on the 9th day of May, 1989. ._ City Clerk "' A. t C E R T I F I C A T E 1 OWt T. Janet R. Donahoe, City Clerk of the City of Sanford, ` Florida, do hereby certify that the foregoing is a true and +" correct copy of Ordinance No. 2025 PASSED and ADOPTED by the jt::tl.R City Commission of the City of Sanford, Florida, on the 8th day of May, 1989. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Sanford, Florida, this 9th day of "' May, 1989. ,`s 1 the City Clerk of the (,. City of Sanford, Florida -A r - -4 -- { x;' a 4 ,, Ordinance No. 2025 ' [ 1/4 ,'4 I y