1535
ORDINANCE ~'~o. 1535
AN ORDINAnCE OF THE CITY OF SANFORD, FLORIDA, PURSUANT TO SECTION
4L.7. 603, FLORIDA STATUTES, RELATING TO LABOR, U1PLEHENTING SECTION
6 OF ARTICLE 1 OF THE CONSTITUTION OF THE STATE OF FLORIDA; PRO-
VIDING THE RIGHT TO HUNICIPAL EMPLOYEES TO ORGANIZE AND BARGAIN
COLLECTIVELY AS TO TEill1S AND CONDITIONS OF EMPLOYMENT; PROVIDING
HETHOD OF BARGAINING PROCEDURE; CREATING AND PROVIDING ADMINIS-
TRATION BY THE SANFORD PUBLIC EMPLOYEES RELATIONS COMMISSION;
PROVIDING FOR CITY COr1MISSION AND STATE PUBLIC EMPLOYEES RELATIONS
COMMISSION REVIEH OF COHMISSION RULES; DEFINING RIGHTS OF
DEDUCTIO~; PROVIDING RULES AND PROCEDURES FOR REGISTRATION,
RECOGNITION, AND CERTIFICATION OF E}1PLOYEE ORGA~IZATIONS AND
BARGAINING AGENTS; PROVIDING PAYMENT OF FEES AND EXPENSES IN
COLLECTIVE BARGAINING PROCESS; PROVIDING GRIEVANCE PROCEDURES;
PROVIDI~G PROCEDURES FOR RESOLUTION OF IMPASSE; PROVIDING FACTORS
TO BE COWSIDERED BY THE SPECIAL t~STER; PROVIDING FOR COMPEN-
SATION A~D RECORDS; ESTABLISHING UNFAIR LABOR PRACTICES BY EMPLOYERS
AND E~WLOYEE ORGANIZATIONS; PROVIDING PROCEDURES TO RESOLVE
UNLAWFUL ACTIONS AND PRACTICES; ESTABLISHING PENALTIES AND REt1EDIES,
PROVIDING INJUNCTIVE RELIEF; PROVIDING EFFECT ON MERIT AND CIVIL
SERVICE SYSTEHS AND STATE AND LOCAL CONTROL OF SAJ'1E; PROVIDING
FOR SEVERABILITY; PROVIDING FOR CONTINUED EFFECTIVENESS OF EXISTING
AGREEMENTS; PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD, FLORIDA:
Section 1.001 Statement of Policy -- It is declared that public
policy of the City of Sanford and the purpose of this ordinance is
to proviae implementation of Section 6, Article I of the Constitu-
tion of the State of Florida, and to promote harmonious and
cooperative relationships between government and its employees,
both collectively and individually, 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 nublic 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 reDresent
public employees;
(3) Creating a public employees relations conTIllission to
assist in resolving disputes betwen public employees
and public employers; and
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(4) Recognizing the constitutional prohibition against
strikes by public employees and providing remedies
for violations of such prohibition.
Section 1.002 -- Definitions - As used in this Ordinance:
(1) "Commission" means the public employees relations
con~ission 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 a
public employer except: (a) those persons appointed by the
governor or elected by the people, agency heads, members of
boards, and commissions, (b) those individuals acting as
negotiating representatives for employer authorities, (c)
those persons who are designated by the commission as managerial
or confidential employees pursuant to criteria contained herein.
(4) "Managerial employees" are those employees who:
(a) Perform jobs that are not of a routine, clerical, or min-
isterial nature and require the exercise of independent judgment
in the performance of such jobs, and who also to whom one or
more of the following applies:
1. Formulate or assist 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 bar-
gaining negotiations.
3. Have a role in the administration of agreements
resulting from collective bargaining negotiations;
4. Have a significant role in personnel administration;
5. Have a significant role in employee relations;
6. Have a significant role in the preparation or
administration of budgets for any public agency or institution
or subdivision thereof.
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(b) Serve as police chiefs, fire chiefs, or directors
of public safety or any police, fire or public safety departments.
Other police officers, as defined in s. 943.10 (1), Florida
Statutes, and firefighters as defined in s. 633.30 (1), Florida
Statutes, may be determined by the commission to be managerial
employee of such departments. In making such determinations,
the commission shall consider, in addition to the criteria
established in (a), the paramilitary organizational structure
of the department involved. Provided, however, that in determin-
ing whether an individual is a managerial employee pursuant to
either (a) or (b), above, the COIDlllission may consider historic
relationships of the employee to the public employee and to co-
employees.
(5) "Confidential employees" are persons who act in a
confidential capacity to assist, or aid managerial employees
as defined in Section 1.002 (4) of this ordinance.
(6) "Strike" means the concerted failure of employees to
report for duty; the concerted absence of employees from their
positions; the concerted stoppage of work by employees; the
concerted submission of resignations by employees; 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, influencing,
condoning or coercing a change in the terms and conditions
of employment or the rights, privileges or obligations of
public emplo~aent or participating in a deliberate and concerted
course of conduct which adversely affects the services of
the public employer; the concerted failure of employees to
report for work after the expiration of a collective bargaining
agreement; and picketing in furtherance of a work stoppage.
The term "strike" shall also mean any overt preparation, includ-
ing but not limited to, the establishment of strike funds with
regard to the above listed activities.
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(7) "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.
(8) "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 co~mission to
be appropriate for the purposes of collective bargaining.
However, no bargaining unit shall be defined as appropriate
which includes employees of two employers that are not depart-
ments or divisions of the City or a subdivision or agency thereof.
(9) "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 adminis-
tration of the governmental affiars of the public employer.
(10) "Legislative body" means the City Commission unless
the Sanford public employees relations commission determines that
a unit or subdivision, City of Sanford, having authoritity
to appropriate funds and establish policy governing the terms
and conditions of employment, is the appropriate legislative
body for the bargaining unit.
(11) "Employee organization" or "organization" means any
labor organization, union, association, fraternal order,
occupations or professional society, or group, however, organ-
ized or constituted, which represents, or seeks to represent,
any public employee or group of employees concerning any matters
relating to their employment relationship with a public employer.
(12) "Bargaining agent" means the employee organization
which has been certified by the cow~ission as representing the
employees in the bargaining unit as provided in Section 1.009,
or its representative.
(13) "Professional employee" means:
(a) Any employee engaged in work in any two or more
of the following categories:
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1. Work predominantly intellectual and varied
in character as opposed to routine mental, manual, mechanical
or physical work;
2. Work involving the consistent exercise of discre-
tion and judgment in its performance;.
3. Work 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. Work requiring advance knowledge in a field or
science or learing customarily acquired by a prolonged course
of specialized intellectual instruction and study in an institu-
tion 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 intel~
lectual instruction and study described in subparagraph 4 of
paragraph (1), 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).
(14) "Collective bargaining" means the performance of the
mutual obligations of the public employer and the bargaining agent
of the employee organization to meet at reasonable times, to
negotiate in good faith, and to execute a written contract with
respect to agreements reached concerning the terms and 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.
(15) "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.
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(16) "Civil Service" means any career, civil or merit
system used by any public employer.
(17) "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 reach-
ing 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 negotia-
tionsas 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 restrictions 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.
(e) Refusing to negotiate because of an unwanted
person on the opposing negotiating team.
(f) Negotiating directly wth employees rather than
with their certified bargaining agent.
(g) Refusing to reduce a total agreement to writing.
Section 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)
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members to be appointed by the City Manager, subject to confirmation
by the City Commission. Members shall be appointed so that the com-
position of the commission is as follows: one appointee who is a
person who, on account of previous vocation, employment, or affil-
iation, is or has been classified as a representative of employers;
one appointee who is a person who, on account of previous vocation,
employment, of affiliation, is, or has been, classified as a repre-
sentative of employee or employee organizations; and all other app-
ointees, including alternates, shall be persons who on account of
previous vacation, employment, or affiliation, are not, or have not,
been classified as representative of employers or employees or
employee organizations. The City Manager shall designate one (1)
member as chairman. Once appointed, the chairman shall serve as chair-
man for the duration of his term. Nothing contained herein shall
prohibit a chairman or commissioner from serving multiple terms.
The chairman, and all members, shall be appointed for four (4)
year staggered terms. Neither the chairman, nor any member, shall
be employed by, or hold any commission with, any governmental unit
in the State or any employee organization while serving in such
office. In the event of a vacancy prior to the expiration of a
term of office, an appointment shall be made for the unexpired
term of that office. 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 their duties hereunder and
will serve gratuitously for the benfit 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
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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 of
the City Manager, have its fiscal needs provided for by appropri-
ations from the unappropriated surplus.
Section 1.004 -- Commission; powers and duties.
(1) The co~~ission shall, in accordance with Chapter 120,
Florida Statutes, adopt, promulgate, amend or rescind such rules
and regulations as it deems necessary and administratively fea-
sible to carry out the provisions of this ordinance.
(2) To accomplish the objectives and to carry out the duties
prescribed by this ordinance; the commission may preserve and enforce
order during any proceeding; issue subpoenas for, administer oaths
or affirmations to, and compel the production of books, papers,
records, documents and other evidence. However, in the absence
of extraordinary circumstances, no subpoena shall issue which
commands the attendance or testimony of any commissioner or any
commission employee at a commission proceeding with repsect to the
performance of official or assigned duties, or the production of
books, papers, records, or documents of the commission which have
been prepared during the performance of such dutues.
(3) If any person
(a) Misbehaves during a proceeding or so near the place
thereof as to obstruct the same;
(b) Neglects to produce, after having been ordered to
do so, any pertinent books, papers, records; or
(c) Refuses or fails to appear after having been sub-
poenaed or, . upon appearing, refuses to take oath or affirmation as
a witness or, after having taken the oath, refuses to be examined
according to law, the commission shall certify the facts to the
circuit court having jurisdiction in the county where the proceeding
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is taking place, which shall thereupon in a summary manner hear
the evidence as to the acts complained of and, if the evidence so
warrants, punish such person in the same manner and to the same
extent as for a contempt committed before the court or COTh~it such
person upon the same conditions as if the doing of the forbidden
act had occurred with reference to the process or order of, or in
the presence of the court.
(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 provision 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 qualifica-
tions of persons who may serve as mediators and special masters and
shall maintain lists of such qualified persons who are not employees
of the commission. The commission may 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,
expeditiously process charges of unfair labor practices and
violations of s. 1020 by public employees, and resolve
such other questions and controversies as it may be authorized
herein to undertake. The petitioner, charging party, respondent,
any intervenors shall be the adversary parties before the commission
in any adjudicatory proceeding conducted pursuant to this ordinance.
Any commission statement of general applicability that implements,
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interprets, or prescribes law or policy made in the course of
adjudicating a case pursuant to s. 1009 or s. 1.017 shall not
constitute a rule within the meaning of s. 120.52 (14), Florida
Statutes.
(7) The commission shall provide by rule a procedure for the
filing and prompt disposition of petitions for a declaratory statement
as to the applicability of any ordinance or statutory provisions 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 relating to potential unfair labor
practices. Commission disposition of petitions shall be final
agency action and shall not constitute a rule as defined in
s. 120.52 (14), Florida Statues.
(8) The provisions of Chapter 120 shall apply to the commission to
the same extent that they apply to the State of Florida Public
Employee Relations Commission except that for purposes of s. 120.545
the "committee" shall be the City Commission. Notice to the State
of Florida Public Employee Relations Commission shall be provided
by any party seeking judicial review of any order of the comnission.
Section 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. However, the exercise
of such rights shall not preclude employees or their representatives
from raising grievances, should decisions on the above matters
have the practical consequence of violating the terms and conditions
of any collective bargaining agreement in force, or any civil or
career service regulation.
Section 1.006 -- Public Employees' rights; organization and
representation.
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(1) Public employees shall have the right to form, join,
and participate in, or to refrain from forming, joining or parti-
cipating in any employee organization of their own choosing.
(2) Public employees shall have the right to be repre-
sented 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, excluding any provision of the
Florida Statutes or appropriate ordinance relating to retirement.
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.
(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 grie-
vances, 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.
Section 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 assess-
ments deducted and collected by the employer from the salaries
of those employees who authorize the deduction of said dues and
uniform assessments. However, such authorization is revocable
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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 deducitons shall
be a proper subject of collective bargaining. Such right to deduction
unless revoked pursuant to section 1.020 shall be in force for
so long as the employee organization remains the certified bargain-
ing 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.
Section 1.008 -- registration of employee organization
(1) Every employee organization seeking to become a
certified bargaining agent for public employees shall register
with the commission pursuant to the procedures set forth in s.
120.60, Florida Statutes, prior to requesting recognition by
a public employer for purposes of collective bargaining and prior
to submitting a petition to the commission requesting certifica-
tion as an exclusive bargaining agent. Further, if such employee
organization is not registered, it may not participate in a repre-
sentation hearing, participate in a representation election, or
be certified as an exclusive bargaining agent. The application
for registration required by this section shall be under oath
and in such form as the commission may prescribe and shall include:
(a) The name and address of the organization and of
any parent organization or organization with which it is affil-
iated;
(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, if any; if
different from the business agent, the name of its local agent
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for service of process; and the addresses 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;
(g) A copy of the current consitution and bylaws
of the employee organization;
(h) A copy of the current constitution and bylaws
of the state and national groups with which the employee
organization is affiliated or associated. In lieu of this provi-
sion, and upon adoption of a rule by the commission, a state or
national affiliate or parent organization of any registering labor
organization may annually submit a copy of its current constitution
and bylaws.
(2) A registration granted to an employee organization
pursuant to the provisions of this section shall run for one
year from the date of issuance. A registration shall be
renewed annually by filing application for renewal under oath
with the commission, which application shall reflect any changes
in the information provided to the commission in conjunction
with the employee organization's preceding application for
registration or previous renewal, whichever is applicable.
Each application for renewal of registration shall include a
current annual 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 in such categories 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
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disbursements, including reimbursed expenses, to each officer
and also to each employee, who during such fiscal year, received
more than $10,000.00 in the aggregate from such employee organiza-
tion and any other employee organization affiliated, or which is
affiliated with the same national or international employee organ-
ization;
(d) direct and indirect loans made to any officer,
employee, or member, which aggregated more than $250.00 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 enter-
prise, together with a statement of the purpose, security, if
any, and arrangements for repayment.
(3) A registration fee shall accompany each application
filed with the comraission. The amount charged for an applica-
tion for registration or renewal or registration shall not
exceed fifteen dollars ($15.00).
(4) Notification of registrations and renewals of
registration shall be furnished at regular intervals by the
commission to the Division of Labor of the Department of
Labor and Employment Security.
(5) 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.
Section 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 bargain-
ing 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.
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Upon recognition by a public employer, the employee organization
shall immediately petition the commission for certification.
The con~ission shall review 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 exclu-
sive representative of all employees in the unit. If the unit is
inappropriate according to the criteria used in this ordinance,
the commission may dismiss the petition.
(b) ,fuenever 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) 5. 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 in the proposed unit, indicating that such employees
desire to be represented for the purposes of collective bargain-
ing by the petitioning employee organization. Once a petition for
certification has been filed by an employee organization, any
registered employee organization desiring placement on the ballot
in any election to be conducted pursuant to this section may be
permitted by the commission to intervene in the proceeding upon
a motion accompanied by dated statements signed by at least 10
percent of the employees in ths. proposed unit, indicating that
such employees desire to be represented for the purposes of collective
bargaining by the moving employee organization. Any employee,
employer, or employee organization having sufficient reason to
believe any of the employees signatures were obtained by collusion,
coercion, intimidation or misrepresentation or are otherwise invalid,
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shall be given a reasonable opportunity to verify and challenge
the signature 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 an 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 election held by the commission;
(2) Identify the public employer or employers for
purposes 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. The conwission's order assessing costs of an election
may be enforced pursuant to the provisions of this part.
(b) When 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.
(d) No petition may be filed seeking an election in any
appropriate bargaining unit to determine the exclusive bargaining
agent if a representation election has been conducted within
the preceding l2-month period. Furthermore, if a valid collective
bargaining agreement covering any of the employees in a proposed
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unit is in effect, a petition for certification may be filed
with the commission only during the period extending from 150 days
to 90 days immediately preceding the expiration date of said
agreement, or at any time subsequent to its expiration date but
prior to the effective date of any new agreement. The effective
date of a collective bargaining agreements means the date of
ratification by both parties, if the agreement becomes effective
~diately or retroactively; or its actual effective date, if
the agreement becomes effective after its ratification date.
(4) In defining a proposed bargaining unit, the commission
shall take into consideration:
(a) The principles of efficient administration of
government;
(b) The number of employee organizations with which
the employer might have to negotiate;
(c) The compatibility of the unit with the joint
responsibilities of the public employer and public employees to
represent the public;
(d) The power of the official of government at the
level of the unit to agree, or make effective recommendations
to other administrative authority or legislative body, with
respect to matters of employment upon which the employee desires
to negotiate.
(e) The organizational structure of the public employer.
(f) Community of interest among the employees to be
included in the unit, considering:
1. The manner in which wages and other terms of
employment are deterrnined.
2. The method by which jobs and salary class-
ification are determined.
3. Interdependence of jobs and interchange of
employees.
4. Desires of the employees.
5. History of employee relations within the
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organization of the public employer concerning organization and
negotiation and the interest of the employees and the employer
in the continuation of a traditional, workable and accepted
negotiation relationship.
Cg) The statutory authority of the public employer to
administer a classification and pay plan.
(h) Such other factors and policies as the commission
may deem appropriate.
However, 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.
(5)Ca) Any employee or group of employees who no longer
desires to be represented by the certified bargaining agent may
file with the commission a petition to revoke certification.
The petition shall be accompanied by dated statements signed by
at least 30 percent of the employees in the unit indicating
that such employees no longer desire to be represented for purposes
of collective bargaining by the certified bargaining agent.
The time of filing said petition shall be governed by the provisions
of paragraph Cd) of subsection (3), relating to petitions
for certification. Any employee or employee organization naving
sufficient reason to believe any of the employee signatures were
obtained by collusion, coercion, intimidation, or misrepresentation
or are othewise invalid, shall be given a reasonable opportunity
to verify and challenge the signatures appearing on the petition.
The commission or one of its designated agents shall investigate
the petition to determine its sufficiency. If the commission
finds the petition to be insufficient it may dismiss the petition.
If the commission finds that the petition is sufficient, it shall
immediately:
1. Identify the bargaining unit and determine which
public employees shall be qualified and entitled to vote in
the election held by the commission.
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2. Identify the public employer or employers.
3. Order an election by secret ballot, the costs of said
election to be borne equally by the parties, except as the
commission may provide by rule. The commission's order assessing
costs of an election may be enforced pursuant to the provisions
of this ordinance.
(b) If a majority of the employees voting in such election
vote against the continuation of representation by the certified
bargaining agent, the certification of the employee organization
as the exclusive bargaining agent for the employees in the bargain-
ing unit shall be revoked.
(c) If a majority of the employees voting in such
election do not vote against the continuation of representation
by the certified bargaining agent, the certification of the
employee organization as the exclusive bargaining agent for the
employees in the unit shall be retained by the organization.
Section 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 agree-
ment shall be signed by the chief executive officer and the bargain-
ing agent. Any agreement signed by the chief executive officer
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and the bargaining agent shall not be binding on the public
e~ployer until such agreement has been ratified by the public
employer and by public employees who are members of the bargaining
unit, subject to the provisions of subsections (2) and (3).
(2) Upon execution of the collective bargaining agreement,
the chief executive officer 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
agreemeht shall be administered by the chief executive officer on
the basis of the amount appropriate by the legislative body.
The failure of the legislative body to appropriate funds suffi-
cient to fund the collective bargaining agreement shall not
constitute nor be evidence of any unfair labor practice.
(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 govern-
mental body having amendatory power a proposed amendment to such
law, ordinance, rule or regulation. Unless and until such amend-
ment is enacted or adopted and becomes effective, the conflicting
provision of the collective bargaining agreement shall not become
effective.
(4) If the agreement is not ratified by the public employer
or is not approved by a majority vote or employees voting in the
unit, in accordance with procedures adopted by the commission,
the agreement shall be returned to the chief executve 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 until during such term except those
terms and conditions provided for in any Florida Statute or
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appropriate ordinances relating to retirement and in applicable
merit and civil service rules and regulations.
Section 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 dis-
position by an impartial neutral, mutually selected by the parties.
However, 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 previously existing
procedure. All public employees 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 employee shall have the option of utilitzing a career
service appeal procedure or a grievance procedure established under
this section, but such employee cannot use both a civil service
appeal and a grievance procedure.
Section 1.012 -- Resolution of impasses --
(1) 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 occurred when one of the parties so declares in writing to
the other party and to the commission. ~~en an impassee occurs,
the public employer or the bargaining agent, or both parties
acting jointly, may appoint or secure the appointment of a
mediator to assist in the resolution of the impasse.
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(2) If no mediator is appointed, or upon the request of
either party, the commission shall appoint, and submit all
unresolved issues to, a special master acceptable to both parties.
If the parties are unable to agree on the appointment of a special
master, the commission shall appoint, in its discretion, a quali-
fied special master. 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 commission. 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 recommended decision to the commission
and to the representatives of both parties, by registered mail,
return receipt requested. Such recommended decision shall be
discussed by the parties..a:nd each special master recommendation
shall be deemed approved by both parties unless specifically
rejected by either party by written notice filed with the commission
within twenty (20) calendar days after the date the party
received the special master's recommended decision. The written
notice shall include a statement of the cause for each 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:
(a) The chief executive officer of the governmental entity
involved shall, within ten (10) days after rejection of a recommend-
ation of the special master, submit to the legislative body of the
governmental entity involved a copy of the findings of fact and
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recommended decision of the s ecial master, together with the
chief executive officer's rec mmendations for settling the
disputed impasse issues; (The chief executive officer shall
also transmit his recommendat ons to the employee organization);
(b) The employee orga ization shall submit its recommen-
dations for settling the disp ted issues to such legislative body
and to the chief executive of
(c) The legislative b a duly authorized committee
thereof shall forthwith conduct a public hearing at which the
parties shall be required to e plain their positions with respect
to the rejected recommendations of the special master; and
(d) Thereafter, the le islative body shall take such action
it deems to be in the public i terest including the in~erest of
the public employees involved, to resolve all disputed impasse
issues; and
(e) Following the reso ution of the disputed impasse issues
by the legislative body, the p rties shall reduce to writing an
agreement which includes those issues agreed to by the parties
and those disputed impasse iss es resolved by the legislative
body action taken pursuant to aragraph (d). The agreement shall
be signed by the chief executi e officer and the bargaining agent
and shall be submitted to the ublic employer and to the public
employees who are members of t e bargaining unit for ratification.
If such agreement is not ratif.ed by all parties, pursuant to the
provisions of s. 1.010, the le islative body action taken pursuant
to the provisions of paragraph (d) shall take effect as of the date
of such legislative body actio for the remainder of the first fiscal
year which was the subj ect of otiations; however the legislative body
active shall not take effect with respect to those disputed impasse
issues which establish the Lang age of contractual provisions which
could have no effect in the abs nce of a ratified agreement, including
but not limited to, preambles, ecognition clauses, and duration clauses.
Section 1.013 -- Factors 0 be considered by the special master.
The special master shall conduc the hearings and render his recommended
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decisions 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 at a recommended decision
shall include:
(1) Comparision 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 or similar working conditions
in the local operating area involved.
(2) Comparision of the annual income of employment of the
public employees in similar public employee governmental bodies of
comparable size within the State of Florida.
(3) Interest and welfare of the public.
(4) Comparision 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.
Section 1.014 -- The compensation of the mediator and special
master and all stenographic and other expenses shall be borne
equally by the parties.
Section 1.015 -- Records -- All records which are relevant
to or have a bearing upon, any issue or issues raised by the proceedings
conducted by the special master shall be made available to the
special master by a request in writing to any of the parties to
the impasse proceeding. 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.
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Section 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, 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 or discriminating against a public employee
because he has filed charges or given testimony under this ordi-
nance.
(e) Dominating, interfering with, or assisting in the
formation, existence, or administration of any employee organiza-
tion, or contributing financial support to such an organization.
(f) Refusing to discuss grievances in good faith, pur-
suant 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 pro-
hibited from:
(a) Interfering with, restraining, or coercing public
employees in the exercise of any rights guaranteed them under this
ordinance, or 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 against an employee because of the employee's member-
ship or nonmembership in an employee organization or attempting to
cause the public employer to violate any of the provisions of this
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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 penal-
ties 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.
(3) Notwithstanding the provisions of subsections (1) and (2),
the parties' rights of free speech shall not be infringed, and the
expression of any argument or opinions shall not constitute, or be
evidence of, an unfair employment practice or of any other viola-
tion of this ordinance, if such expression contains no promise of
benefits, or threat of reprisal or force,
Section 1.017 -- Charges of unfair labor practices -- It is
the intent of the City Commission that the Public Employees Relations
Commission act as expeditiously as possible to settle disputes
regarding alleged unfair labor practices. To this end, violations
of the provisions of Section 1.016 shall be remedied by the Commission
in accordance with the following procedures and in accordance with
Chapter 120, Florida Statutes; however, to the extent that Chapter
120 is inconsistent with the provisions of this section, the
procedures contained in this section shall govern:
(1) A proceeding to remedy a violation of the provisions of
Section 1.016 shall be initiated by the filing of a charge with the
Commission by an employer, employee, or employee organization, or
any combination thereof. Such a charge shall contain a clear and
concise statement of facts constituting the alleged unfair labor
practice, including the names of all individuals involved in the
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alleged unfair labor practice and specific reference to the pro-
visions of Section 1.016 alleged to have been violated, and such
other relevant information as the Commission may by rule require or
allow. Service of the charge shall be made upon each named respon-
dent at the time of filing with the Commission. The charge must be
accompanied by sworn statements and documentary evidence sufficient
to establish a prima facie violation of the applicable unfair labor
practice provision. Such supporting evidence is not to be attached
to the charge and is to be furnished only to the Commission.
(2) The Commission, or any agent designated by it for such
purpose, shall thereupon review the charge to determine its suffi-
ciency.
(a) If upon review it is determined that the charge is in-
sufficient, the Commission or its designated agent may issue a
summary dismissal of the charge. A charging party whose charge is
dismissed by a designated agent may appeal the dismissal to the
Commission within twenty (20) days after the date of issuance of
the dismissal. If the Commission finds the charge to be sufficient,
it shall reinstate the charge.
(b) If upon review it is determined that the charge is
sufficient, the commission shall notify the parties. Each Respon-
dent so charged shall thereupon file an answer to the charge with
the Commission, and serve a copy upon the charging party, no more
than twenty (20) days after service of notification of the suffi-
ciency of the charge, unless otherwise allowed by the Commission.
The Commission, in its discretion, may allow a charge or answer to
be amended at any time. The Commission may also, in its discretion
allow other interested parties to intervene in the proceeding.
(c) Upon completion of the review, the evidence filed with
the commission in support of the charge shall be made available upon
request in accordance with the provisions of Chapter 119, Florida
Statutes.
(3) Whenever a charging party alleges that a respondent has
engaged in unfair labor practices and that the charging party will
suffer substantial and irreparable injury if he is not granted.
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temporary relief, the Commission may petition the circuit court
for appropriate injunctive 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 order as it deems just
and proper.
(4) The Commission may issue prehearing orders requiring the
parties to provide written statements of relevant issues of fact
and law, and such other information as the Commission may require
to expedite the resolution of the case. Such orders may further
direct the parties to identify witnesses, exchange intended
exhibits and documentary evidence, and appear at a conference
before .the Commision or a member thereof, or a designated hearing
officer, for the purpose of handling such matters as will aid the
Commission in expeditiously resolving the case before it.
(5) Whenever the proceeding involves a disputed issue of
material fact and an evidentiary hearing is to be conducted:
(a) The Commission shall issue and serve upon all parties a
notice of hearing before an assigned hearing officer at a time and
place specified therein. Such notice shall be issed at least
fourteen (14) days prior to the scheduled hearing.
(b) The evidentiary hearing shall be conducted by a hearing
officer designated by the Commission.. Said hearing officer may be
the commission itself, a member of the Commission, or an agent desig-
nated by the Commission for such purpose, provided that such agent
shall be a member of the Florida Bar.
(c) Not later than forty-five (45) days, unless extended
by the Commission with the consent of all parties, after the close
of the evidentiary hearing, the hearing officer shall submit to the
Commission and to all parties a recommended order which shall
include findings of'fact and recommended rulings on procedural matters.
The recommended order may also include recommended conclusions of
law if requested by the Commission.
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(d) If the hearing was held before the Commission or a
member of the Commission, the Commission may elect to issue a
final order which is in compliance with Section l20.58(I)(e) and
Section 120.59, Florida Statutes.
(6)(a) If, upon consideration of the record in the case,
the Commission finds that an unfair labor practice has been
committed, it shall issue and cause to be served an order requiring
the appropriate party or parties to cease and desist from the unfair
labor practice, and take such positive action, including reinstate-
ment of employees with or without back pay, as will best implement
the general policies expressed in this ordinance. However, 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. The order may further require the party or parties to
make periodic reports showing the extent to which it has complied
with the order. If, upon consideration of the record in the case,
the Commission finds that an unfair labor practice has not been or
is not being committed, it shall issue an order dismissing the case.
(b) If the Commission determines that the alleged unfair
labor practice occurred more than six (6) months prior to the filing
of the charge, the Commission shall issue an order dismissing the case
unless the person filing the charge was prevented from doing so by
reason of service in the Armed Forces, in which case the six (6)
month period shall run from the date of the person's discharge.
(c) The Commission may award to the prevailing party all
or part of the costs of litigation, reasonable attorney's fees and
expert witness fees whenever the Commission determines that such an
award is appropriate.
(d) Final orders of the Commission pursuant to this
section shall be enforced pursuant to the provisions of Section
1.0175 and shall be reviewed pursuant to the provisions of
Section 1.018.
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Section 1.0175 Enforcement of Commission orders -- In
case of any failure by an employer, employee, or employee organi-
,-zation to comply with any order of the Commission, upon applica-
tion of the Commission or, notwithstanding the provisions of
Section l20.69(1)(b)1., upon application of any person who is a
resident of the state and who is substantially interested in such
order, any circuit court of this state shall have jurisdiction to
enforce the order pursuant to the provisions of Section 120.69.
However, if one or more petitions for enforcement and a notice of
appeal involving the same agency action are pending at the same
time, the district court of appeal considering the notice of appeal
shall order all such actions transferred to and consolidated in
the district court of appeal. If a petition for enforcement is
filed after the time for filing notice of appeal has expired, the
respondent may assert as a defense only that the agency action was
not intended to apply to respondent or that respondent has complied
with the agency action. Petitions for enforcement filed under this
part shall be heard expeditiously by the circuit court to which pre-
sented, and shall take precedence over all other civil matters
except prior matters of the same character.
Section 1.018 -- Judicial review --
(1) The district courts of appeal are empowered upon the
filing of appropriate notices of appeal, to review final orders of
the Commission pursuant to Section 120.68, Florida Statutes. A copy
of the notice of appeal shall be filed with the Commission.
The record in the proceeding, certified by the Commission,
shall be filed with the court in accordance with the Florida
Appellate Rules.
(2) Upon the filing of a notice of appeal, the appropriate
district court of appeal shall thereupon have jurisdiction of the
proceeding and may grant such temporary or permanent relief or
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
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record considered as a whole, shall be conclusive.
(3) The court 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 court determines that such an
award is appropriate; however, -no such costs or fees shall be
assessed against the Commission in any appeal from an order issued
by the Commission in an adjudicatory proceeding between adversary
parties conducted pursuant to this part.
(4) 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.
(5) Appeals filed under this ordinance shall be heard expe-
ditiously 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.
Section 1.019 -- Strikes prohibited No public employee or
employee organization may participate in a strike against a public
employer by instigating or supporting, in any matter, a strike.
Any violation of this section shall subJect the violator to the
penalties provided for herein,
Section 1,020 -- 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 1.019 of this ordinance. Suits to enjoin
violations of Section 1.019 of this ordinance will have priority
over all 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
1,019 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 jurisdiction and proper venue of such
actions under the Florida Rules of Civil Procedure and the Florida
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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 1.019 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 tem-
porary 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. 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
($5,000.00). Each officer, agent or representative of an employee
organization found to be in contempt for violating an injunction
against a strike shall be fined not less than fifty dollars ($50.00)
nor more than one hundred dollars ($100.00) for each calendar day
that the violation is in progress.
(4) An employee organization shall be liable for damages
which might be suffered by a public employer as a result of a
violation of Section 1.019 by the employee organization or its
representatives, officers and agents. The circuit court having juris-
diction 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
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which were initiated within thirty (30) days of the strike have
been finally adjudicated or othen;rise 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
inaction by the public employer or 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 1.019 of this 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, reappointed, employed or re-employed,
as a public employee, by only upon the following conditions:
(a) Such person shall be on probation for a period of
six (6) months following his appointment, reappointment, employment
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 immediately prior to the time of the violation.
(c) The compensation of the person may not be increased
until after the expiration of one (1) year from such appointment,
reappointment, employment or re-employment.
(6)(a) If the Commission determines an employee organization
has violated Section 1.019 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
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Section 1.007.
(4) Fine the organization up to twenty thousand
dollars ($20,000.00) 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 ($20,000.00) for each such calendar day.
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 in action
by the public employer or its agents that provoked or tended to pro-
voke the strike by the public employees.
(b) An organization determined to be in violation of
the provisions of Section 1.019 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.
Section 1.021 -- Other unlawful acts --
(I) Employee organizations, their members, agents, repre-
sentatives, 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 con-
strued to prohibit the distribution of literature during the em-
ployee'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
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manner, for an employee organization's activities from high school
or grade school students during classroom time.
(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 con-
tempt 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.
Section 1,022 -- Violations not a ground for municipal recall
Any violation of this part (Labor Organizations; Public Employees)
shall not subject any person to municipal recall and shall not be
considered as grounds for municipal recall.
Section 1.023 -- Merit or civil service system; applicability.
The orovisions of this ordinance shall not be construed to repeal,
amend, or modify the provisions of any law or ordinance establish-
ing a merit or civil service system for public employees or the
rules and regulations adopted oursuant thereto or to orohibit 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 not apply, except as
provided in Section 1.006(4).
Section 1.024 -~ Existing agreements -- All public employee
agreements now in existence shall remain in effect until their expira-
tion. The Sanford Public Employees Relations Commission shall honor
the State Public Employees Relations Commission's certification of
any employee organization until such time as the employee organi-
zation either loses a certification election or a decertification
election.
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Section 1.025 -- Public meetings and records law; exemptions
and compliance --
(I) 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 Section 286.011, Florida Statutes.
(2) The collective bargaining negotiations between a chief
executive officers, or his representative, and a bargaining agent
shall be in compliance with Section 286.011, Florida Statutes.
(3) All work products developed by the public employer in
preparation for negotiations, and during negotiations, shall be
exempt from Chapter 119, Florida Statutes.
Section 1.026 -- Severability -- It is declared to be the
legislative intent that the provisions of this ordinance are
severable. If any section, subsection, sentence, clause or pro-
vision is found to be unconstitutional or invalid for any reason,
the same shall not affect the remaining provisions of this
ordinance.
Section 1.027 -- Commission rules; powers retained by the
legislature
The City Commission shall retain the right to
approve, amend or rescind all rules promulgated by the Commission
pursuant to this ordinance. All rules, amendments, and rescissions
shall have full force and effect only UDon their aoproval by the
State Public Employees Relations Commission.
Section 1. 028 -- 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 completioD,at which time the cases shall be trans-
ferred and accepted by the Sanford Public Employees Relations
Commission in their completed status.
Section 1.029 -- Representation in proceedings. -- Any full
time employee or officer of any public employer or employee organi-
zation may represent his employer or any member of a bargaining unit
in any proceeding authorized in this ordinance excluding the repre-
sentation of any person or public employer in a court of law by a
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person who is not a licensed attorney.
Section 1.030 -- Conflicting ordinances repealed. -- All
ordinances or parts of ordinances in conflict herewith are hereby
revealed to the extent of such conflict on the date this ordinance
,
become effective.
Section 1.031 -- Effective date -- This ordinance shall take
effect UDon approval of the State Public Employees Relations
Connission.
Section 1.032 -- No amendment, revision or recision of this
ordinance shall become effective without approval of the State
Public Employees Relations Commission.
PASSED and ADOPTED this 10th day of
November
, 1980.
L
MAYOR
Attest:
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c.Ci'ty C en (~
C E R T I F I CAT E
I, H. N. Tamm, Jr., City Clerk of the City of Sanford, Florida,
do hereby certify that a true and correct copy of the foregoing Ordi-
nance No. 1535, PASSED and ADOPTED by the City Commission of the City
of Sanford, Florida, on the 10th day of November, 1980, was POSTED at
the front door of the City Hall in the City of Sanford, Florida, on the
12th day of November, 19~0.
~~~~~
../ he Cit_y lerk of
City of Sanford, Florida
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