1412ORDINANCE NO. 1412
AN ORDINANCE PURSUANT TO SECTION 447.022, FLORIDA
STATUTES CHAPTER 74-100, LAWS OF FLORIDA, RELATING
TO LABOR, IMPLEMENTING SECTION 6 of ARTICLE i~OF THE
CONSTITUTION OF THE STATE OF FLORIDA; PROVIDING RIGHT
TO MUNICIPAL EMPLOYEES TO ORGANIZE AND BARGAIN COLLECTIVELY
AS TO TERMS AND CONDITIONS OF EMPLOYMENT; PROVIDING
METHOD OF BARGAINING PROCEDURE; CREATING AND PROVIDING~
ADMINISTRATION BY THE SANFOE PUBLIC EMPLOYEES RELATIONS
COMMISSION; PROVIDING FOR CITY COMMISSION REViEW~OF
COMMISSION RULES; DEFINING RIGHTS OF PUBLIC EMPLOYEES
AND EMPLOYERS; PROVIDING PAYROLL DUES DEDUCTION;
PROVIDING RULES AND PROCEDURES FOR REGISTRATION,
RECOGNITION, AND CERTIFICATION OF EMPLOYEE ORGANIZATIONS
AND BARGAINING AGENTS; PROVIDING PAYMENT OF FEES AND
EXPENSES IN COLLECTIVE BARGAINING PROCESS; PROVIDING
GRIEVANCE PROCEDURES; PROVIDING PROCEDURES FOR RESOLUTION
OF IMPASSE; PROVIDING FACTORS TO BE CONSIDERED BY THE
SPECIAL MASTER; PROVIDING FOR COMPENSATION AND RECORDS;
ESTABLISHING UNFAIR LABOR PRACTICES BY EMPLOYERS AND
EMPLOYEE ORGANIZATIONS; PROVIDING PROCEDURES TO RESOLVE
UNLAWFUL ACTIONS AND PRACTICES; ESTABLISHING PENALITIES
AND REMEDIES, PROVIDING INJUNCTIVE RELIEF; PROVIDING
EFFECT ON MERIT AND CIVIL SERVICE SYSTEMS AND STATE
AND LOCAL CONTROL OF SAME; ADOPTING THE PROVISIONS
OF S.S. 447.023, CHAPTER 74-100, LAWS OF FLORIDA, AS
A PART HEREOF; PROVIDING FOR SEVERABILITY; PROVIDING
FOR CONTINUED EFFECTIVENESS OF EXISTING AGREEMENTS;
PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COMMISSION OF THE CITY
OF SANFORD, FLORIDA:
1.001Statement~ of~P01icy~.~--~'It-is~hdeclared that
public policy of the City of Sanford and the purpose of
this ordinance is to provide implementation of Section 6,
Article I of the Constitution of the State of Florida, and
to promote harmonious and cooperative relationships between
government and its employees, both collectively and in-
dividually, and to protect the public by assuring, at all
times, the orderly and uninterrupted operations and functions
of government. It is the intent of the City Commission
that nothing herein shall be construed to either encourage
or discourage organization of public employees. These
policies are best effectuated by:
(1) Granting to public employees the right of
organization and representation;
(2) Requiring the public employer to negotiate
with bargaining agents duly certified to
represent public employees;
(3) Creating a public employees relations commission to
assist in resolving disputes between public employees
and public employers and
(4) Recognizing the constitutional prohibition against
strikes by public employees and providing remedies
for violations of such prohibition.
1o002 -- Definitions - As used in this Ordinance:
(1) "Commission" means the public employees relations
commission created by Section 1.003 of this ordinance.
(2) ~Public employer" or "employer" means the City of Sanford
and any subdivision or agency thereof which the commission determines
has sufficient legal distinctiveness to properly carry out the
functions of a public employer.
(3) "Public employee" means any person employed by the City
of Sanford and any subdivision or agency thereof excepts (a) those
persons appointed by the governor or elected by the people, agency
heads0 members of boards, and commissions, ~'b) individuals acting as
negotiating representatives for employer authorities, (c) persons who
are designated~'.by the commission as managerial or confidential
employees pursuant to criteria contained herein upon application of
the public employer or an organization filing a petition for
certification pursuant to section 1,009 of this ordinance~
(4) "Managerial employees" are those employees who:
(a) Perform jobs that are not of a routine, clerical~ or
ministerial nature and require the exercise of independent judgment
in the performance of such jobs, and one or more of the following:
1. Formulate orassist in formulating policies which are
applicable to bargaining unit employees;
2. May reasonably be required on 'behalf of the employer
to assist in the preparation for the conduct of collective Ibargaining
negotiations;
3. Have a role in the administration of agreements resulting
from collective bargaining negotiations;
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Have a significant role in personnel administration;
Have a significant role in employee relations; or
Have a significant role in the preparation and
administration of budgets for any public agency or institution or
subdivision thereof°
(b) Serve as police chiefs, fire chief, or directors of
public safety of any policea fire, or public safety departments.
Other police officers, as defined in s. 943.10 (1) and firefighters,
as defined in s. 633.30 (1), may be determined by the commission
to 'be managerial employee of such departments° In making such
determinations, the commission shall consider, inaddition to the
criteria established in (a)~ the paramilitary organizational
structure of the department involved° Provided, however, that
in determining whether an individual is a managerial employee
pursuant to either (a) or (b), above, the commission may consider
historic relationships of the employee to the public employer and
to co-employees~
(5) "Confidential employees" are persons who act in a
confidential capacity to assist, or aid managerial employees as
defined in 1o002 (4) of this ordinance°
(6) "Strike" means the concerted failure to report for duty,
the concerted absence of employees from their positions, the concerted
stoppage of work~ the concerted submission of resignations, the
concerted abstinence in whole or in part by any group of employees
from the full and faithful performance of the duties of employment
with a public employer, for the purpose of inducing, influencinga
condoning or coercing a change in the teems and conditions of
employment or the rights, privileges, or Obligations of public
employment or participating in a deliberate and concerted course of
conduct which adversely affects the services of the public employer,
the concerted failure to report for work after the expirat~ n of a
collective bargaining agreement and picketing in furtherance
of a work stoppage. The term "strike" shall also mean an overt
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preparation including but not limited to the establishment of
strike funds with regard to the above listed activities.
Strike funds are any appropriations by an employee organization
which are established to directly or indirectly aid any employee
or employee organization to participate in a strike in the
State of Florida.
(7) "Bargaining unit" means either that unit determined
by the commission, or that unit determined 'by the!public employer
and the employee organization and approved by the commission
to be appropriate for the purposes of collective bargaining,
provided however that no 'bargaining unit shall be defined as
appropriate which includes employees of two employers that are
not departments or divisions of the City or a subdivision or
agency thereof.
(8) "Chief executive officer" for the public employer
shall mean the person whether elected or appointed who is
responsible to the legislative body of the public employer for
the administration of the governmental affairs of the employer.
(9) "Legislative body" means the City Commission,
unless the Sanford public employees relations commission
determines that a unit or subdivision, City of Sanford, having
authority to appropriate funds and establish policy governing
the terms and donditions of employment, is the appropriate
legislative body for the bargaining unit.
(10) "Employee organization" or "organization" means
any labor organization, union, association, fraternal order,
occupational or professional society, or group, however
organized or constituted, which represents or seeks to represent
any public employee or group of public employees concerning
any matters relating to their employment relationship with a
public employer.
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(11) "Bargaining agent" means the employee organization
which has been certified by the commission as representing the
employees in the bargaining unit as provided in Section 1,009,
or its representative.
(12) "Professional employee" means:
(a) Any employee engaged in work in any two or
more of the following categories:
1. Predominantly intellectual and varied in character ms
opposed to routine mental, manual, mechanical or physical work;
2. Involving the consistent exercise of discretion
and judgement in its performance;
3. Of such a character that the output produced or
the result accomplished cannot be standardized in relation
to a given period of time; and
4. Requiring advanced knowledge in a field of science
or learning customarily acquired by a prolonged course of
specialized intellectual instruction and study in an institution
of higher learning or a hospital, as distinguished from a
general academic education, an apprenticeship or training in
the performance of routine mental or physical processes; or
(b) Any employee who:
1. Has completed the course of specialized intellectual
instruction and study described in subparagraph 4 of paragraph
(a), and
2. Is performing related work under supervision of
a professional person to qualify himself to become a professional
employee as defined in paragraph (a).
(13) "Collective bargaining" means the performance of
the mutual obligations of the public employer and the bargaining
.~ent of theemployee organization to meet at reasona'ble times, to
negotiate in good faith andto execute a written contract with
respect to agreements reached concerning the terms and
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conditions of employment, except that neither party shall
be compelled to agree to a proposal or be required to make
a concession unless otherwise provided in this ordinance.
(14) "Membership dues deduction" means the practice
of a public employer of deducting dues and uniform assessments
from the salary or wages of a public employee. Such term
also means the practice of a public employer of transmitting
the sums so deducted to such employee organization.
(15) "Civil Service" means any career, civil or merit
system used by any public employer.
(16) "Good faith bargaining" shall mean, but not be
limited to, the willingness of both parties to meet at
reasonable times and places, as mutually agreed upon, in order
to discuss issues which are proper subjects of bargaining,
with the intent of reaching a common accord. It shall include
an Obligation for both parties to actively participate in
the negotiations with an open mind and a sincere desire, as well
as making a sincere effort to resolve differences and come to
an agreement. In determining whether a party failed to
bargain in good faith, the commission shall consider the total
conduct of the parties during negotiations as well as the specific
incidents of alleged bad faith. Incidents indicative of
bad faith shall include, but not be limited to, the following
occurrences:
(a) Failure to meet at reasonable times and places
with representatives of the other party for purpose of
negotiations.
(b) Placing unreasonable restricting on the other
party as a prerequisite to meeting.
(c) Failure to discuss bargainable issues.
(d) Refusing, upon reasonable written request, to
provide public information, excluding work products as defined
in s. 1,023.1
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(e) Refusing to negotiate because of an unwanted
person on the opposing negotiating team~
(f) Negotiating directly with employees rather than
with their certified bargaining agent.
(g) Refusing to reduce a total agreement to writing.
1,003 -- PUblic employees relations commission.
(1) There is hereby created and established the
public employees relations commission, hereinafter referred
to as the "commission." The commission shall be composed of
five (5) members to 'be appointed by the City Manager, subject
to confirmation 'by the City Commission, from persons represent-
ative of the public, known for their objective andlindependent
judgment, and who shall not be employed by or hold any commission
with any governmental unit in the state or any employee
organization as defined in this ordinance. The City Manager
shall designate one (1) member as chairman. Members shall serve
fora term of four (4) years, except that 'beginning on the
passage hereof, one (1) member shall be appointed for a term of
two (2) years, and two (2) members for three (3) years, and
two (.2) members ~for~-~fo~r~?!~)~s. A vacancy for the unexpired
term of a member shall be filled in the same manner as herein
provided for an original appointment. The presence of
three (3) members shall constitute a quorum of any called meeting
of the commission. The commission in the performance of its
duties and powers under this ordinance shall not 'be subject
to the control, supervision, or direction by the City Manager
or City Commission.
(2) The chairman and the remaining members of the
commission shall devote such time as is necessary to the
performance of their duties hereunder, shall not engage in any
business, vocation or employment which would interfere with
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their duties hereunder and will serve gratuitously for the
benefit of the public. The chairman and other members shall
'be reimbursed for reasonable expenses under this ordinance as
provided for in Section 112,061, Florida Statutes. The
chairman shall be responsible for the administrative functions
of the commission and upon authorization by the City Commission
shall have the authority to employ such personnel as may be
necessary to carry out the provisions of this ordinance.
Until such time as the commission has submitted a budget which
is funded by the City Commission, the commission shall, upon
request of.the chairman to the City.Manager, have its fiscal
needs provided for by appropriations from the unappropriated
surplus.
1.004 -- Commission; powers and duties.
(1) After public hearing, the commission shall adopt,
promulgate, amend, or rescind such rules and regulations as
it deems necessary and administratively feasible to carry out
the provisions of this ordinance, in accordance with Chapter
120, Florida Statutes.
(2) To accomplish the objectives and to carry out
the duties prescribed by this ordinance, the commission may
subpoena witnesses, may issue subpoenas to require the
production of books, paper, and records, and documents which
may 'be needed as evidence of any matter'under inquiry, and
may administer oaths and affirmations.
(3) In cases of neglect or refusal to obey a subpoena
issued to any person, the circuit court of the county in which
the investigations or the public hearings are taking place,
and upon application by the commission, may issue an order
requiring such person to appear before the commission and
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produce evidence about the matter under investigation. A
failure to obey such order may be punished by the court as
a contempt.
(4) Any subpoena, notice of hearing or other process
or notice of the commission issued under the provisions of
this ordinance shall be served personally or 'by certified mail.
A return made and verified by the individual making such service
and setting forth the manner of such service is proof of service
and a returned post office receipt, when certified mail is used,
is proof of service.. All process of any court to which
application may 'be made under the provisions of this ordinance ~
shall be served in the county wherein the persons required to
be served reside or may be found.
(5) The commission shall adopt rules'as to the
qualifications of persons who may serve as mediators and
special masters, shall maintain lists of such qualified persons
who are not employees of the commission and shall initiate
dispute resolution procedures by special masters pursuant to
the provisions of this ordinance.
(6) Pursuant to its established procedures, the
commission shall resolve questions and controversies concerning
claims for recognition as the bargaining agent for a
bargaining unit, determine or approve units appropriate for
purposes of collective bargaining and investigate charges of
engagement in prohibited practices, and charges of striking
by public employees.
(7) The commission shall provide by rule a procedure
for the filing and prompt disposition of petitions for
declaratory statements as to the applicability of any
statutory provision or any rule or order of the commission.
Such rule, or rules, shall provide for, but not be limited
to, an expeditious disposition of petitions posing questions
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relating to the scope of negotiations or to possible
prohibited practices. Commission disposition of petitions
shall be final agency action.
1.005 -- Public employer's rights. -- It is the
right of the public employer to determine unilaterally the
purpose of each of its constituent agencies, set standards
of services to be offered to the public, and exercise
control and discretion over its organization and operation.
It is also the right of the public employer to direct its
employees, take disciplinary action for proper cause, and
relieve its employees from duty because of lack of work or
for other legitimate reasons, provided, however, that the
exercise of such rights shall not preclude employees or their
representatives from raising grievances, should decisions on
the above matters have the practical consequences of violating
the terms and conditions of any collective bargaining
agreement in force, or civil or career service regulation.
1,006 -- Public employees' rights; organization and
representation.
(1) Public employees shall have the right to form,
join, and participate in, or to refrain from forming, joining,
or participating in any employee organization of their own
choosing.
(2) Public employees shall have the right to be
represented by an employee organization of their own choosing,
to negotiate collectively through a certified bargaining
agent with their public employer in the determination of the
terms and'~'conditions of their employment, excluding any
provision of the Florida Statutes or appropriate ordinance
relating to retirement. Public employees shall have the
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right to 'be represented in the determinations 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.
(3) Public employees shall have the right to engage
in concerted activities not prohibited by law, for the purpose
of collective bargaining or other mutual aid or protection.
Public employees shall also have the right to refrain from
engaging in such activities.
(4) Nothing in this ordinance shall be construed
to prevent any public employee from presenting, at any time,
his own grievances, in person or by legal counsel, to his
public employer, and having such grievances adjusted without
the intervention of the bargaining agent, if the adjustment
is not inconsistent with the terms of the collective
bargaining agreement then in effect and if the bargaining
agent has been given reasonable opportunity to be present at
any meeting called for the resolution of such grievances.
1.007 -- Dues; deduction and collection. -- Any employee
organization which has been certified as a bargaining agent
shall, have the right to have its dues and uniform assessments
deducted and collected by the employer from the salaries of
those employees who authorize the deduction of said dues and
uniform assessments; provided that such authorization is
revocable at the employee's request upon thirty (30) days
written notice to the employer and employee organization.
Said deductions shall commence upon the 'bargaining agent's
written request to the employer. Reasonable costs to the
employer of such deductions shall 'be a proper subject of
collective bargaining. Such right to deduction unless revoked
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pursuant to section 1,019 shall be inkforce for so long
as the employee organization remains the certified bargaining
agent for the employees in the unit. The public employer is
expressly prohibited from any involvement in the collection of
fines, penalties or special assessments.
1.008 -- Registration of employee organization.
(1) Every employee organization prior to requesting
recognition by a public employer, or prior to submitting a
petition to the commission for purposes of requesting a
representation election, shall adopt a constitution and 'bylaws
and shall register with the commission 'by filing a copy thereof,
together with an annual report in a form prescribed 'by the
commission, and an amended report whenever changes are made,
which shall include:
(a) The name and address of the organization and of
any parent organization or organization with which it is
affiliated;
(b) The names and addresses of the principal officers
and all representatives of the organization;
(c) The amount of the initiation fee and of the
monthly dues which members must pay;
(d) The current annual financial statement of
the organization;
(e) The name of its business agent, and, if different
from the business agent, the name of its local agent for
service of process and the address where such person or persons
can be reached;
(f) A pledge, in a form prescribed by the commission,
that the employee organization will conform to laws of the
city and state and that it will accept members without regard
to age, race, sex, religion, or national origin; and
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(g) Evidence that the organization's business agent is
licensed in accordance with the provisions of Florida Statutes,
section 447.04 and that the organization shall comply with the
registration and reporting requirements of Part I of Chapter 447,
Florida Statutes.
(2) Every employee organization shall file annually
with the commission a financial report signed by its president
and treasurer or corresponding principal officers containing the
following information in such detail. as may be necessary accurately
to disclose its financial condition and operation for its preceding
fiscal year; all in such categores as the commission may prescribe.
(a) assets and liabilities at the beginning and end
of the fiscal year;
(b) receipts of any kind and the sources thereof;
(c) salary, allowances, and other direct or indirect
disbursements (including reimbursed expenses) to each officer
and also to each employee who, during such fiscal year,
received more than $10,000 in the aggregate from such employee
organization and any other employee organization affiliated with
it or with which it is affiliated, or which is affiliated with
the same national or international employee organization;
(d) direct and indirect loans made to any officer,
employee, or member, which aggregated more than: $250 during
the fiscal year, together with a statement of the purpose,
security, if any, and arrangements for repayment; and
(e) direct and indirect loans to any business
enterprise, together with a statement of the purpose, security
if any, and arrangements for repayment.
(3) A registration fee shall accompany the initial
report filed with the commission and an annual financial
reporting fee shall accompany each annual financial report
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filed with the commission. .Such money shall be deposited
in the general revenue fund. The amount charged for
registration shall not exceed fifteen dollars ($15), and
the amount charged for an annual reporting fee shall not
exceed fifteen dollars ($15).
(4) Every employee organization shall keep accurate
accounts of its income and expenses which accounts shall be
open for inspection by any member of the organization or 'by
the commission at all reasonable times.
(5) A copy of the current-constitution and by-laws
of the state and national groups with which the employee
organization is affiliated or associated shall accompany
each annual report.
(6) An employee organization which is not registered
as provided in this section, is prohibited from requesting
recognition 'by a public employer or submitting a petition
requesting a representation election. This prohibition
shall 'be enforced 'by injunction upon petition of the commission
to the appropriate circuit court.
1,009 -- Certification of employee organization.
(1) ~a) Any employee organization which is designated
or selected by a majority of public employees in an appropriate
unit as their representative for purposes of collective
bargaining shall request recognition by the public employer.
The public employer shall, if satisfied as to the majority
status of the employee organization and the appropriateness
of the proposed unit, recognize the employee organization as
the collective bargaining representative of employees in the
designated unit. Upon recognition by a public employer,
the employee organization shall immediately petition the
commission for certification. The commission shall review
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only the appropriateness of the unit proposed by the employee
organization. If the unit is appropriate according to the
criteria used in this ordinance, the commission shall
immediately certify the employee organization as the exclusive
representative of all employees in the unit° If the unit is
inappropriate according to the criteria used in this part,
the commission may dismiss the petition.
(b) Whenever a public employer recognizes an employee
organization on the 'basis of majority status and on the basis
of appropriateness in accordance with subsection (4) (f) 5o of
this section, the commission shall, in the absence of inclusion
of a~.prohibited category of employees or violation of section
1.017, certify the proposed unit.
(2) If the public employer refuses to recognize the
employee organization, the employee organization may file a
petition with the commission for'certification as the bargaining
agent for a proposed 'bargaining unit. The petition shall be
accompanied by dated statements signed 'by at least thirty (30)
percent of the employees inthe proposed unit indicating that
such employees desire to be represented for purposes of
collective bargaining 'by the petitioning employee organization.
Once a petition for certification has been filed by an employee
organization, any registered employee organization may intervene
in the proceeding by filing a motion to intervene accompanied
by dated statements signed by at least 10 percent of the employees
in the proposed unita indicating that such employees desire
to be represented for the purposes of collective bargaining by
the moving employee organization. Provided that any employee,
employer or employee organization having sufficient reason to
'believe any of the employee signatures'were obtained 'by collusion,
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coercion, intimidation or'misrepresentation or are otherwise
invalid, shall be given a reasonable opportunity to verify
and challenge the signatures appearing on the petition.
(3) (a) The commission or one of its designated
agents shall investigate the petition to determine its
sufficiency; if it has reasonable cause to believe that the
petition is sufficient, the commission shall provide for
appropriate hearing upon due notice. Such a hearing may be
conducted by an agent of the commission. If the commission
finds the petition to be insufficient, it may dismiss the
petition. If the commission finds upon the record of the
hearing that the petition is sufficient, it shall immediately:
(1) Define the proposed bargaining unit and determine
which public employees shall be qualified and entitled to vote
at any electi(n held by the commission;
(2) Identify the public employer or employers for
puEposes of collective bargaining with the bargaining agent;
(3) Order an election by secret ballot, the cost of
said election and any required run-off election to be borne
equally by the parties, except as the Commission may provide
by rule.
(b) W~nere an employee organization is selected'by a
majority of the employees voting in an election, the commission
shall certify the employee organization as the exclusive
collective bargaining representative of all employees in the unit
(c) In.~any election in which none of the choices on
the ballot receives the vote of a majority of the employees
voting, a run-off election shall be held according to rules
promulgated by the commission.
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(d) No new election my be conducted in any appropriate
bargaining unit to determine the exclusive representative if a repre-
sentative election has been conducted within the preceding twelve
month period.
(4) In defining a proposed bargaining unit, the crmnission
shall take into consideration:
(a) The principles of efficient administration of government;
(b) The number of e~ployee organizations with which the
employer might have to negotiate;
(c ) The compatibility of the unit with the joint responsibilities
of the public en~ployer and public employees to represent the public;
(d) The power of the officials of government at the level
of the unit to agree or make effective recm~nendations to other adminis-
trative authority or legislative body with respect to matters of employ-
ment upon which the employee desires to negotiate.
(e) The organizational structure of the public employer;
(f) Commity of interest among the employees to be included
in the unit, considering:
1.The manner in which wages and other terms of employment
are determined;
2. The method by which jobs and salary classifications are
determined;
3.Interdependence of jobs and interchange of employees.
4.Desires of the employees.
5. The history of employee relations within the organization
of the public employer concerning organization and
negotiation and the interest of the employees and the
~ployer in the continuation of a traditional, workable
and accepted negotiation relationship.
(g) The statutory authority of the public employer to administer
a classification and pay plan.
(h) Such other factors and policies as the ccmnission may
deem appropriate; provided that no unit shall be established or approved
for purposes of collective bargaining which includes both professional
and non-professional employees unless a majority of each group votes
for inclusion in such unit.
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1.010 -- Collective Bargaining; approval or rejection --
(1) After an employee organization has 'been certified
pursuant to the provisions of this ordinance, the 'bargaining agent
for the organization, and the chief executive officer of the
appropriate public employer or employers jointly shall 'bargain
collectively in the determination of the wages, hours and terms and
conditions of employment of the public employees within the bargaining
unit. The chief executive officer, or his representative, and the
'bargaining agent, or its representative shall meet at reasonable times
and bargain in good faith. In Conducting negotiations with the
bargaining agent, the chief executive officer or his representative
shall consult with,'.and~attempt to represent the views of the
legislative body of the public employer. Any collective bargaining
agreement reached by the negotiators shall be reduced to writing and
such agreement shall be signed by the chief executive officer and
the bargaining agent. Any agreement signed 'by the chief executive
officer and the 'bargaining agent shall not 'be binding on the public
empleyer until such agreement has 'been ratified at a regularly
scheduled meeting of the public employer and by public employees who
are members of the 'bargaining unit, subject to the provisions of
subsections (2) ~nd (3) of this section.
(2) Upon execution of the collective bargaining agreement,
the chief executive shall, in his annual budget request or by other
appropriate means, request the legislative body to appropriate such
amounts as shall be sufficient to fund the provisions of the collective
bargaining agreement. If less than the requested amount is
appropriated, the collective bargaining agreement Shall be administered
by the chief executive officer on the basis of the amounts
appropriated by the legislative body. The failure of the legislative
body to appropriate funds sufficient to fund the collective 'bargaining
agreement shall not constitute nor 'be evidence of any unfair labor
practice.
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(3) If any provision of a collective bargaining agreement
is in conflict with any law, ordinance, rule, or regulation over which
the chief executive officer has no amendatory power, the chief executive
officer shall submit to the appropriate governmental body having
amendatory power a proposed amendment to such law, ordinance, rule
or regulation. Unless and until such amendment is enacted or adopted
and becomes effective, the conflicting provision of the collective
bargaining agreement shall not become effective.
(4) If the agre~nent is not ratified by the public employer
or is not approved by a majority vote of employees voting in the unit, in
accordance with procedures adopted by the con~nission, the agreement shall
be returned to the chief executive officer and the employee organization
for further negotiations.
(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 of employment of the employees in the bargaining
unit during such term except those terms and conditions provided for
in any Florida Statute or appropriate ordinances relating to retirement
and in applicable merit and civil service rules and regulations.
1.011 -- Grievance procedures. -- Each public employer and
bargaining agent shall negotiate a grievance procedure to be used for
the settlement of disputes between employer and employee, or group of
employees, involving the interpretation or application of a collective
bargaining agreement. Such grievance procedure shall have as its
terminal step a final and binding disposition by an impartial neutral,
mutually selected by the parties; provided, however, that an arbitrator
or other neutral shall not have the power to add to, subtract from,
modify or alter the terms of a collective bargaining agreement. If
an employee organization is certified as the bargaining agent of a unit.,
the grievance procedure then in existence may be the subject of collective
bargaining and any agreement which is reached shall supersede the pre-
viously existing procedure. · All public employees shall have the right
to a fair and equitable grievance procedure, administered without regard
to membership or nonmembership in any organization, except that certified
employee organizations shall not be required to process grievances for
employees who are not members of the organization. A career service
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employee shall have the option of utilizing a career service appeal
procedure or a grievance procedure established under this section,
but such employee cannot use beth a civil service appeal and a
grievance procedure.
1.012 -- Resolution of impasses --
(.!) If, after a reasonable period of negotiation concerning
the terms and conditions of employment to be incorporated in a collective
bargaining agreement, a dispute exists between a public employer and
a bargaining agent, an impasse shall be deemed to have occured when one
of the parties so declares in writing to the other party and to the
commission. Where an impasse occurs, the public employer, or the bargaining
agent or beth parties acting jointly may appoint or secure the appointment
of a mediator to assist in the' resolution of the impasse.
(.2) If no mediator is appointed, or upon the request of either
party, the co~nission shall appoint a special master and submit all
unresolved issues to a special master acceptable to beth parties. If
the parties are unable to agree on the appointment of a special master,
the conmission shall appoint, in its discretion, a qualified special master.
Provided that nothing in this section shall preclude~ the parties from
using the services of a mediator at any time during the conduct of collective
bargaining.
(,3) The special master shall hold hearings in order to define
the area or areas of dispute, to determine facts relating to the dispute
and to render a decision on any and all unresolved contract issues. The
hearings shall be held at times, dates, and places to be .established by
the special master in accordance with rules promulgated by the ~ssion.
The special master shall be empowered to administer oaths and issue
subpoenas on behalf of the parties to the dispute or on his own behalf.
Within fifteen (15) calendar days after the close of the final hearing,
the special master shall transmit his rec~nded decision to the
comnission which shall within 5 working days after receipt thereof transmit
the reconmended decision to the representatives of beth parties. Such
re~nded decision shall be discussed by the parties and shall be deemed
approved by both parties unless either party by written notice,
filed with the comnissidn within 20 ~le,~dar days.~af,~e~-the date the
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commission ~mailed the special master's recommended decision
to the parties, rejects the recommended decision. The
written notice shall include a statement of the cause for
rejection and shall be served upon the other party.
(4) In the event that either the public employer
or the employee organization does not accept in whole or
in part the recommended decision of the special master or
masters,
(a) The chief executive officer of the governmental
unit involved shall, within ten (10) days after rejection
of the recommended decision of the special master submit to
the legislative body of the governmental entity involved a
copy of the findings of fact and recommended decision of the
special master together with the chief executive officer~S
recommendations for settling the dispute. The chief executive
officer shall also transmit his recommendations to the employee
organization.
(b) The employee organization shall submit its
recommendations for settling the dispute to such legislative
body and to the chief executive officer.
(c) The legislative body or a duly authorized committee
thereof shall forthwith conduct a public hearing at which the
parties shall be required to explain their positions with
respect to the recommended decision of the special master°
(d) Thereafter, the legislative body shall take such
action as it deems to be in the public interest including
the interest of theirpublic employees involved.
1,013 -- Factors to be considered by the special master.
The special master shall conduct the hearings and render his
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recommended decision with the objective of achieving a prompt,
peaceful and just settlement of disputes between the public
employee organizations and the public employer. The factors,
among others, to be given weight by the special master in
arriving ata recommended decision shall include:
(1) Comparison of the annual income of employment of
the public employees in question with the annual income of
employment maintained for the same or similar work of employees
exhibiting like or similar skills under the same of similar
working conditions in the local operating area involved.
(2) Comparison of the annual income of employment
of the public employees in question with the annual income of
employment of public employees in similar public employee
governmental bodies of comparable size within the State of
Florida.
(3)
(4)
Interest and welfare of the public.
Comparison of peculiarities of employment in
regard to other trades or professions, specifically:
(a) Hazards of employment;
(b) Physical qualifications;
(c) Educational qualifications;
(d) Intellectual qualifications;
(e) Job training and skills;
(f) Retirement plans;
(g) Sick leave;
(h) Job security.
(5) Availability of funds.
1.014 -- The compensation, if any, of the mediator,
shall be borne by the party or parties requesting or securing
his appointment. The compensation, if any, of the special
master shall be borne equally by the parties. All steno-
graphic and other expenses will be divided equally between
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the parties.
1o015 -- Records -- All record~ which are relevant to
or have bearing upon any issue or issues raised by the
proceedings conducted by the special master shall be made
available to the special master by the request in writing
to any of the parties to the impasse proceedings. Notice
of such request shall be furnished to all parties. Any
such records which are made available to the special master
shall also be made available to any other party to the impasse.
proceedings upon written request°
1.016 -- Unfair labor practices --
(1) PUblic employers or their agents or representatives
are prohibited from:
(a) Interfering with, restraining, or coercing
public employees in the exercise of any rights guaranteed
them under this ordinance.
(b) Encouraging or discouraging membership in any
employee organization by discrimination in regard to hiring,
tenure, or other conditions of employment;
(c) Refusing to bargain collectively or failing to
bargain collectively in good faith, or refusing to sign a
final agreement agreed upon with the certified bargaining
agent for~the public employees in the bargaining unit;
(d) Discharging-gr discriminating against a public
employee because he has filed charges or given testimony under
this ordinance;
(e) Dominating, interfering with, or assisting in
the formation, existence, or administration of any employee
organization, or contributing financial support to such an
organization;
(f) Refusing to discuss grievances in good faith,
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pursuant to the terms of the collective 'bargaining agreement
with either the certified bargaining agent or the public
employee or employees involved.
(2) A public employee organization or anyone acting
in its 'behalf, its officers, representatives, agents or
members are prohibited from:
(a) Interfering with, restraining, or coercing public
employees in the exercise of any rights ~uaranteed them under
this ordinance, or from interfering with, restraining or
coercing managerial employees by reason of their performance
of job duties or other activities undertaken in the interests
of the public employer;
(b) Causing or attempting to cause a public employer
to discriminate againstan employee because of the employee's
membership or nonmembership in an employee organization or
to attempt to cause the public employer to violate any of the
provisions of this ordinance;
(c) Refusing to bargain collectively or failing to
bargain collectively in good faith with a public employer;
(d) Discriminating against an employee because he
has signed or filed an affidavit, charge, petition, or complaint,
or given any information or testimony in any proceedings
provided for in this ordinance;
(e) Participating in.a strike against the public
employer by instigating or supporting, in any positive manner,
a strike. Any violation of this section shall subject the
violator to the penalties provided in this ordinance;
(f) Instigating or advocating support, in any positive
manner, for an employee organization's activities from high
school or grade school students, or institutions of higher learning.
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(3) Notwithstanding the provisions of subsections
(1) and (2), the parties' rights of free speech shall not
be infringed upon and the expression of any argument or
opinions shall not constitute or be evidence of an unfair
employment practice or of any other violation of this
ordinance, if such expression contains no promise of
benefits, or threat of reprisal or force.
1,017 -- Charges of unfair labor practices -- Violations
of the provisions of Section 1,016, shall be remedied by the
commission in the following manner:
':~1) Whenever it is charged 'by an employer, an
employees or an employee organization that any person has
engaged in or is engaging in any unfair labor practice, the
commission, or any agent designated by the commission for
such purpose, shall conduct a preliminary investigation to
determine if there is substantial evidence indicating a
prima facie violation of the applicable unfair labor practice
provision.
(2) If, upon a preliminary investigation, it is
determined that there is not substantial evidence indicating
a prima facie violation of the applicable unfair labor practice
provisions the designated agent of the commission shall dismiss
the charge.
(3) A charging party whose charge is thus dismissed,
may appeal to the commission, and if the commission finds
substantial evidence of a meritorious:charge, that charge
shall be reinstated and served pursuant to the procedures of
paragraph.(a) of this section.
(a) If the commission or its agent determines that
there is substantial evidence indicating a prima facie
violation the commission or such agent shall issue and cause
to be served upon the person charged with the vielation, a
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complaint and a notice of hearing before the commission or a
member thereof, or before a designated agent, at a place
therein fixed, to be held not less than fourteen (14) days
after service of a copy of the complaint by the commission.
~Any charge may be amended by the charging party, at any time
prior to the issuance of a complaint based thereon, provided
~hat the charged party is not unfairly prejudiced thereby.
The person, upon whom the complaint is served shall file an
answer to the complaint. The charging party and the
respondent shall have the right to appear in person or otherwise
and give testimony at the place and time fixed in the notice
of hearing. In the discretion of the member or agent
conducting the hearing, or the commission, any other person may
be allowed to intervene in the proceeding and to present
testimony. In any hearing the commission shall not be bound
by the judicial rules of evidence. ~'
(b) Whenever a charging party alleges that a person
has engaged in unfair labor practices and that he will suffer
substantial and irreparable injury if he is not granted
temporary relief, the dommission may petition the circuit court
for appropriate injuctive relief, pending the final adjudication
by the commission with respect to such matter. Upon the
filing of any such petition, the court shall cause notice
"thereof to be served upon the parties, and thereupon shall
have jurisdiction to grant such temporary relief or restraining
orderas it deems just and proper.
(4) The testimony taken by the member, agent, or the
commission shall be reduced to writing and filed with the
commission. Thereafter the commission, upon notice, may
take further testimony or hear argument.
(a) If, upon consideration of all evidence taken,
the commission finds substantial evidence that an~unfair
labor practice has been committed, then it shall
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issue and cause to be served an order requiring the respondent
party to cease and desist from the unfair labor practice,
and to take such positive action, including reinstatement of
employees with or without 'back pay~ as will effectuate the
policies of this ordinance. The order may require the person
to make periodic reports showing the extent to which he has
complied with the order.
(b) If, upon consideration of the evidence taken,
the commission finds that the person or entity named in the
charge has not engaged in and is not engaging in the unfair
labor practicea the commission shall issue an order d~smissing
the charge.
(c) The order may award to the prevailing party all
or part of the costs of litigation and reasonable attorney's
fees and expert witness fees, whenever the commission
determines that such an award is appropriate°
(d) No complaint shall be issued based upon any
unfair labor practice occurring more than six (6) months
priorto the filing of the charge with the commission, unless
the person aggrieved thereby was prevented from filing the
charge by reason of service in the armed forces, in which
event, the six (6) month period shall be computed from the day
of his discharge°
(e) No order of the commission shall require the
reinstatement of any individual as an employee who has been
suspended'or discharged, or the payment to~'_him of any back
pay, if the individual was suspended or discharged for cause°
1.0175 --Judicial Review
(1) The district courts of appeal are empowered upon
the filing of an appropriate petition, to review final orders
of the commission° A copy of the petition shall 'be filed
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with the commission. The petitioner shall file the record
in the proceeding, certified by the commission, with the court.
(2) The commission or any party to a commission
proceeding, may petition for enforcement of an order or for
appropriate injunctive relief, in the appropriate district
court of appeal. Such petition shall be exempt from the
requirements of s. 120.69 (1)(b)l.
(3) Upon the filing of a petition, the appropriate
district court of appealshall thereupon have jurisdiction
of the proceeding and may grant such temporary or permanent
relief or restraining order as it deems just and proper, and
may enforce, modify, affirm, or set aside in whole or in part
the order of the commission. The findings of the commission,
with respect to questions of fact, if supported by substantial
evidence~on the record considered as a whole, shall be
conclusive.
(4) The court may award to the prevailing party all
or part of the cost of litigation and reasonable attorney's
fees and expert witness fees, whenever the court determines
that such an award is appropriate.
(5) The commencement of proceedings under this
section shall not, unless specifically ordered by the district
court of appeal, operate as a stay of the commission's order.
(6) Petitions filed under this ordinance shall be
heard expeditiously by the district court of appeal to which
presented, and shall take precedence over all other civil
matters except prior matters of the same character.
1.018 -- Strikes prohibited -- No public employee or
employee organization may participate in a strike against a
public employer by instigating or supporting, in any manner,
a strike. Any violation of this section shall subject the
violator to the penalties provided for herein.
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1.019 -- Violation of strike prohibition; penalties --
(1) Circuit courts having jurisdiction of the parties
are vested with the authority to hear and determine all actions
alleging violations of Section 1,018 of this ordinance. Suits
to enjoin violations of Section 1,018 of this ordinance will
have priority overall matters on the court's docket except
other emergency matters.
(2) If a public employee, a group of employees, an
employee organization, or any officer, agent, or representative
of any employee organization, engages in a strike in violation
of Section 1.018 of this ordinance, either the commission or
any public employer whose employees are involved or whose
employees may be affected by the strike, may file suit to
enjoin the strike in the circuit court having proper jurisdic-
tion and proper venue of such actions under the Florida Rules
of Civil Procedure and the Florida Statutes. The circuit
court shall conduct a hearing, with notice to the commission
and to all interested parties at the earliest practicable time.
If the plaintiff makes a prima facie showing that a violation
of Section 1.018 of this ordinance is in progress or that
there is a clear, real and present danger that such a strike
is about to commence, the circuit court shall issue a temporary
injunction enjoining the strike. Upon final hearing, the
circuit court shall either make the injunction permanent or
dissolve it.
(3) If an injunction issued pursuant to this section
to enjoin a strike is not promptly complied with, on the
application of the plaintiff, the circuit court shall
immediately initiate contempt proceedings against those who
appear to be in violation. An employee organization found to
be in contempt of court for violating an injunction against a
strike shall be fined an amount deemed appropriate by the court.
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In determining the appropriate fine, the court shall objectively
consider the extent of lost services and the particular nature
and position of the employee group in violation. In no
event shall the fine exceed five thousand dollars ($5,000).
Each officer, agent or representative of an employee organi-
zation found to be in contempt of court for violating an
injunction against a strike, shall be fined not less than
fifty dollars ($50) nor more than one hundred dollars ($100)
for each calendar day that the violation is in progress.
(4) An employee organization shall be liable for
any damages which might be suffered by a public employer as
a result of a violation by the employee organization or its
representatives, officers and agents. The circuit court
having jurisdiction over such actions is empowered to enforce
judgments against employee organizations, as defined in this
ordinance, 'by attachment or garnishment of union initiation
fees or dues which are to be deducted or checked off by public
employers. No action shall be maintained pursuant to this
subsection until all proceedings which were pending before the
commission at the time of the strike or which were initiated
within thirty (30) days of the strike have been finally
adjudicated or otherwise disposed of. In determining the
amount of damages, if any, to be awarded to the public employer,
the trier of fact shall take into consideration any action
or inactionby the public employer of its agents that provoked
or tended to provoke the strike by the public employees.
The trier of fact shall also take into consideration any
damages that might have been recovered by the public employer
under subsection 6 (a) 4 of this Section.
(5) If the commission after a hearing on notice
conducted according to rules promulgated by the commission
determines an employee has violated Section 1.018 of this
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ordinance, it may order the termination of his employment by
the public employer. Notwithstanding any other provision of
law, a person knowingly violating the provision of such section
may, subsequent to such violation be appointed or reappointed,
employed or re-employed, as a public employee, but only upon the'
following conditions:
(a) Such person shall be on probation for a period
of six (6) months following his appointment or reappointment,
~nployment or re-employment, during which period he shall serve
without tenure. During this period, the person may be discharged
only upon a showing of just cause;
(b ) His compensation may in no event exceed that
received by him inmediately prior to the time of the violation;
(c ) The cenTpensat ion of the person may not be increased
until after the expiration of one (1) year from such appointment
or reappointment, employment or re-employment.
(6) (a) If the commission determines an employee organi-
zation has violated Section 1.018 of this ordinance, it may:
1. Issue cease and desist orders as necessary to insure
compliance with its order.
2. Suspend or revoke the certification of the employee
organization as the bargaining agent of such employee unit.
3. Revoke the right of dues deduction and collection
previously granted to the employee organization pursuant to Section
1. 007.
4. Fine the organization up to twenty thousand dollars
($20,000) for each calendar day of such violation or determine
the approximate cost to the public due to each calendar day of
the strike and fine the organization 'an amount equal to such
cost, notwithstanding the fact that the fine may exceed twenty
thousand dollars ($20,000.) for each such calendar day.
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The fines so collected shall immediately accrue to the
public employer and shall be used by it to replace those
services denied the public as a result of the strike. In
determining the amount of damages, if any, to be awarded
to the public employer, the commission shall take into
consideration any action or inaction by the public employer
or its agents that provoked or tended to provoke the strike
by the public employees.
(b) An organization determined to be in violation
of the provisions of Section 1,018 of this ordinance shall
not be certified until one (1) year from the date of final
payment of any fine against it.
(7) Orders of the commission pursuant to this section
are reviewable in the district court of appeal and may be
enforced by such court.
1.020 -- Other unlawful acts --
(1) Employee organizations, their members, agents,
representatives, or any person acting on their behalf are
hereby prohibited from:
(a) Soliciting public employees during working hours
of any employee who is involved in the solicitation.
(b) Distributing literature during working hours in
areas where the actual work of public employees is performed,
such as offices, warehouses, schools, police stations, fire
stations and any similar public installations. This section
shall not be construed to prohibit the distribution of
literature during the employee's lunch hour or in such areas
not specifically devoted to the performance of the employee's
official duties.
(c) Instigating or advocating support, in any positive
manner, for an employee organization's activities from high
school or grade school students during classroom time.
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(2) No employee organization shall directly or
indirectly pay any fines or penalties assessed against
individuals pursuant to the provisions of this ordinance.
(3) The circuit courts of this state shall have
jurisdiction to enforce the provisions of this section by
injunction and contempt proceedings, if necessary. A
public employee who is convicted of a violation of any
provision of this section may be discharged or otherwise
disciplined by his public employer, notwithstanding further
provisions of law, and notwithstanding the provisions of
any collective 'bargaining agreement.
1o021 -- Merit or civil service system; applicability --
The provisions of this ordinance shall n~ be construed to
repeal, amend, or modify the provisions of any law or ordinance
establishing a merit or civil service system for public
employees orthe rules and regulations adopted pursuant thereto;
or to prohibit or hinder the establishment of other such
personnel systems unless the!provisions of such merit or civil
service system laws, ordinances or rules and regulations
adopted pursuant thereto are in conflict with the provisions
of this ordinance in which event such laws, ordinances, or rules
and regulations shall n~t apply, except as provided in
S 1.006(3).
1,002 -- Existing agreements -- All public employee
agreements now in existence shall remain in effect until their
expiration. The Sanford public Employees Relation Commission
shall honor ~he State Public Employees Relation Commission's
certification of any employee organization until such time
as the employee organization either loses a certification
election or a de-certification election° Upon the
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completion of one of the above, the employee organization
shall come under the jurisdiction of the Sanford public employee
relations commission.
1,023 -- Government in the sunshine --
(1) All discussions 'between the chief executive officer
of the public employer, or his representative, and the legislative
body of the public employer relative to collective bargaining
shall be exempt from s. 286.011.
(2) The collective bargaining negotiations between a
chief executive officer, or his representative, and a bargaining
agent shall be in compliance with s. 286,011o
(3) All work products developed by the public employer
in preparation for negotiations, and during negotiations, shall
be exempt from chapter 119.
1,024 -- Severability -- It is declared to 'be the legislative
intent that the provisions of this ordinance are severableo
If any section, subsection, sentence, clause or provision is found
to 'be unconstitutional or invalid for any reason, the same shall
not affect the remaining provisions of this ordinance°
1,025 -- Review of Commission Rules -- The City Commission
shall retain the right to approve, amend or rescind all rules and
all modifications or amendments to said rules promulgated by the
commission pursuant to this ordinance. All rules, amendments,
and recisions shall have full force and effect only upon their
approval by the State Public Employee Relations Commission.
1.026 -- All employee organizations of the City of Sanford
who have cases pending before the State Public Employees Relations
Commission shall continue their cases before said Commission until
completion at which time the cases shall be transferred and
accepted to the Sanford Public Employee Relations Commission
in their completed status.
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1.027 -- Conflicting Ordinances Repealed -- All ordinances
or parts of ordinances in conflict herewith are hereby repealed
to the extent of such conflict on the date this ordinance
becomes effective.
1.028 -- Effective Date -- This ordinance shall take effect
upon approval of the State Public Employees Relations Commission.
1o029 -- No amendment, revision or recision of this ordinance
shall become effective without approval of the State PUblic Employee
Relations Commission.
PASSED ANDADOPTED this
A.D., 1978.
2nd day of January ,
Mayo r
Atte st:
- 35 -
CERTIFICCATE
I, H~ N. Tamm, Jr., City Clerk of the City of Sanford, F~orida,
do hereby certify that a true and correct copy of the foregoing Ordi-
nance No. 1412, PASSED and ADOPTED by the City Commission of the City
of Sanford, Florida, on the 2nd day of January, 1978, was POSTED at the
front door of the City Hall in the City of Sanford, Florida, on the
3rd day of January, 1978.
City of Sanford, Florida