03270989 Memorandum M E M O R A N D U M
DATE: March 27, 1989
TO: Sanford Local Option PERC Members
FROM: Tim McCauley, Personnel Directo
SUBJECT: Non - Compliance of Sanford Local Option in Relation
to Chapter 447 (Part II) F.S.
The purpose of this memorandum is to advise that the Personnel
Director of the City of Sanford was contacted, on or about March
13, 1989, by Mrs. Sharon Cromar, Staff Attorney for the Florida
State PERC regarding an order to comply, supposedly sent to the
PERC P. 0. Box on January 11, 1989.
Mrs. Cromar inquired as to why the Sanford Local Option PERC had
ignored the Order, thus, not complying with the corrective action
necessary to be in accordance with Chapter 447 (Part II) F.S..
The Personnel Director, Tim McCauley, was unaware that any such
Order had been issued nor was he aware that the Sanford PERC
maintained a separate P. O. Box (386). This was explained to
Mrs. Cromar. Subsequent conversation with Mrs. Cromar revealed
the fact that the Order was sent to the Sanford PERC-P. O. Box
386 on or about January 11, 1989 but was returned to the State
PERC "unclaimed" on February 2, 1989.
The Personnel Director requested a sixty (60) day extension to
comply which was granted effective March 22, 1989. This
"liberty" was undertaken to avoid any potential for reason to
"abolish" the Sanford Local Option PERC. On March 24, 1989 a
registered letter was sent to the Personnel Director affirming
the aforementioned which is attached for your information and
action.
In reviewing the Order, it appears that several distinct actions
are necessary to comply with Chapter 447 (Part II) F.S. as
follows:
1. Sections 1.006 (2) and 1.010 (5) of the Local Option
Ordinance must be amended to delete the references to
the exclusion of ordinances relating to retirement from
collective bargaining.
Memorandum
Sanford Local Option Ord.
Page Two
2. Section 1.008 (4) of the Local Option Ordinance should
be amended to state that notification of registrations
and renewal of registrations shall be furnished to the
Division of Labor, Employment and Training of the
Department of Labor and Employment Security.
3. Section 1.008 (3) fails to state where monies collected
through registration fees by the Sanford PERC shall be
deposited.
In conclusion, it is hoped that any involvement or "liberty"
taken by the Personnel Director is not misconstrued as a
usurpation of authority or interference. Under the circumstances
it was deemed to be an appropriate action to take in requesting
the sixty (60) day extension rather than be viewed as not
intending to comply. Further, it is suggested that this matter
be reviewed in it's entirety by Mr. Brown of the Sanford PERC at
the soonest possible time.
TM /jr
cc: City Manager
Althea Parrish
Wayne Ethridge, Pensacola
STATE OF FLORIDA
PUBLIC EMPLOYEES RELATIONS COMMISSION •
IN RE Case No. LO -88 -007
CITY OF SANFORD LOCAL OPTION ORDER
ORDINANCE.
•
•
Tim McCauley, Sanford, representative for City of Sanford.
On January 11, 1989, the Commission issued an order requir-
ing that the City of Sanford amend its local option ordinance
within sixty days. See In re City of Sanford Local Option
Ordinance, No. LO -88 -007 (Fla. PERC Jan. 11, 1989). On March 14,
1989, after inquiry by staff counsel, the Commission was informed
that the City had not received the order .
Accordingly, we are attaching a copy of the order issued
January 11, 1989, to this order and granting the City an exten-
sion of time to file its amendments to the local option
ordinance. The City shall have sixty days from the date of this
order to file such amendments.
It is so ordered.
MATTIMORE, Chairman, SLOAN and POOLE, Commissioners, concur.
I HEREBY CERTIFY that this doc ment was filed and a copy
served on each party on `in(Z f a cp , 1989.
BY: %.:444/
Clerk
/dt -
o
G OD VIE
1 As required by Section 447.603(3)(a), Florida Statutes
(1987), the order was sent to the City by certified mail, return
receipt requested on January 11, 1989. The order was returned to
the Commission as unclaimed, and remailed on February 2, 1989.
The Commission was unaware that the City had changed personnel