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(4) Recognizing the constitutional prohibition against
strikes by public employees and providing remedies
for violations of such prohibition.
1.002 -- 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" m~ans 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
ministerial 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.
(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 deter-
mining 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 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 con-
certed abstinence in whole.or in part by any group of employees
from the full and faithful performance of the duties of employ-
ment with a public employer, for the purpose of inducing,
influencing, condoning or coercing a change in the terms and
conditions of employmentor the rights, privileges, or obliga-
tions 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 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,
including 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 commission to
be appropriate for the purposes of collective bargaining.
However, no ~argaining ~nit 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 affairs 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 authority
to appropriate funds and establish policy governing the terms
and conditions of employment, is the a~propriate legislative
body for the bargaining unit.
(11) ~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-
(12) "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. i
(13) "Professional employee" means:
(a) Any employee engaged in work in any two or more
of the following categories:
!. Work predominantly intellectual and varied
in character as opposed to routine mental, manual, mechanical
or physical work;
2. Work i~volving the consistent exercise of
discretion and judgment i~ 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
of science or learning 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
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 profes-
sional 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 publb employer of transmitting
the sums so deducted to such employee organization.
(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 reaching a common accord. It shall include
'an obligation for both parites 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 restrictions on the other
party as a p~erequisite 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 with employees rather than
with their certified bargaining agent.
(g) Refusing to reduce a total agreement to writing.
1.003 -- Public employees relations commission.
(t) 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 ~o be a~poin~ed by the City Manager, subject to con-
firmation by the City Commission, from persons representative
of the public, known for their objective and independent
judgment and ~ho shall not be employed by or hold any commission
with the City of Sanford or any ~mployeeJorganization as defined'
in this ordinance, while in said office. The City Manager shall
designate one (!) member as chairman. Once appointed, the chair-
man shall serve as chairm~n for the' duratio~ of his term. Nothing
contained herein shall prohibit a chairman or commissioner from
serving multiple terms. Members shall serve for a term of four
(4) years, except that beginning on the passage hereof, one (1)
member shall be appointed for a term of two (2) yea~s, and two
(2) members for three (3) years, and two (2) members for four
(4) years. 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 (~)
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 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 ~unctions of the commission and upon authorization
by the City Commission shall have the authoirty to employ such
personnel as may be ~ece~sary to carry out th~ provisions of
this ordinance. Until such time. as the commission has submitted
¸-7-
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 appropriat,ions from i~e unappro-
priated surplus.
1.004 -- Commission; powers and duties.
(1) The commission shall, in accordance with Chapter 120,
Florida Statutes, adopt, promulgate, amend, or rescind such
rules and regulations as it deems necessary and administratively
feasible 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 Oreserve
and enforce order during any proceeding; issue subpoenas for,
administer oaths or affirmations to, and compel the attendance
add testimony of, witnesses; or issue subpoenas forrand compel
the production of oooks, papers, recordsr 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 respect to the performance of offical or assigned
duties, or the production of books, papers, records, or documents
of the commission which have been prepared during the performance
of such duties.
(3) If any person
(a) Misbehaves during a proceeding or so near the
place thereofas to obstruct the same:
(b) Neglects to Droduce, after having been ordered
to do so, any pertinent book, paper, recor8y or document; or
(c) Refuses or fails to appear after having been
~ubpoenaed or, upon appearing, refuses to take oath or affirma-
tion 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 ~roceeding 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 commit 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 applica-
tion 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 qualifi-
cations of persons who may serve as mediators and special masters
and shall maintain lists of such qualified persons who are not
e~ployees of the commission. The commission may initiate dispute
resolution procedures by special masters pursuant to the provi-
sions 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 unitr deter-
mine or approve units appropriate for purposes of collective
bargaining, expeditiousl.y 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, and any intervenors shall be the adversary parties
before the commission in any adjudicatory proceeding conducted
pursuant to this ordinance. ~ny commission statement of general
applicability that implements, 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
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 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 Statutes.
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
ove~ its organization and operations. 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.
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 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 condition~ of their employment, excluding any provision of
the Florida Statutes or appropriate ordinance relating to
-lC-
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 e~?loyees 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. However, 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 deduc-
tions 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 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.
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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 bargainingand prior
to submitting a petition to the commission requesting certifi-
cation as an exclusive bargaining agent. Further, if such
· employee organization is not registered, it may not participate
in a representation hearing, participate in a representation
election, or be certified as an exclusive bargaining agent.
The apDlication 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
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, if any; if
different from the business aqent, the name of its local agent
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 city and
state add that it will accept members without regard to age,
ra~., sex, reliqion, or national origin;
/
(g) A copy of the current constitution and bylaws
ol the emplo3eeor~nization3
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(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
provision, and upon adoption of a rule by the commission, a
~tate or national affiliate or Parent organization of any
re~isterinq labor orqanization 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 byfiling 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
accufatelV to disclose its financial condition and operation
for its preceding fiscal year and in such categories as the
cormnission may p~escribe:
(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 organiza-
tion 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 arragements ~or 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 commission. The amount charged for an applica-
tion for registration or renewal or registration shall not
exceed fifteen dollars(S15).
(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 SecuritV.
(5) Every e~Dloyee ~rg~izatiOn shall_keep_a~ate
accounts of its income and expenses which accounts shall be
open for insRection by any membe~ ~_.the or~ani~atiq~_Q~~
the commission at all reasonable times.
1.009 -- Certification of employee organization
(!)(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 bar-
gaining shall request recognition by the public employe~.
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 only the appro-
priateness 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 ordinance, the commission may
dismiss the petition.
(b) Whenever a public employer recognizes an
employee organizationon 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 bargain-
ing 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 bargaining by the pet~tioning employee organiza-
tion. 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
the 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 em-
ployee organization having sufficient reason to believe any of
the employees signatures were obtained by collusion, 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 dete_nnine 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.
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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 e!ectioD by secret ballot, the cost of
said election and any required run-off election to be borne
equally by the parties, except as the connnission may provide
by rule. The commission's order assessing costs of an elec-
tion may be enforced pursuantto 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 col-
lective 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 ba~gain~
ing agent if a representation election has been conducted within
the preceding 12 month period. Furthermore, if a valid collec-
tive bargaininq aqreement covering any of the employees in a
proposed 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 a~reement, 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
agreement means the date'of ratification by both parties, if
the agreement becomes effective immediately or retroactivel¥;
or its actual effective date, if the agreement becomes effec-
tive 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 officials 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 determined.
2. The method by which jobs and salary classifi-
cations are determined.
3. Interdependence of jobs and interchange of
employees.
4. Desires of the employees.
5. History of employee relations within the
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.
(g) 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 pro-
fessional and non-professional e~ployees unless a majority of
each group votes for inclusion in such unit.
(5)(a) 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 pur-
poses of collective bargaining by the certified bargaining agent.
The time of filing said petition shall be governed by the pro-
visions of paragraph (d) of subsection (3), relating to petitions
for certification. Any employee or employee organization having
sufficient reason to believe any of the employee signatures were
obtained by collusion, coercion, intimidation, or misrepresenta-
tion, or are otherwise 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.
2. Identify the public employer or employers.
3. Order an election by secret ballot, the cost
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 em-
polyee organization as the exclusive bargaining agent for
the employees in the bargaining 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
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the employees in the unit shall be retained by the organization.
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 representa-
tive 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
bargaining agent. Any agreement signed by the chief executive
officer and the bargaining agent shall not be binding on the
public employer 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
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 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 of employees voting in the
unit, in accordance with procedures adopted by the commission, 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 tk~ 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. 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 bargain-
ing 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 shall have the right to a fair and equitable
-20-
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 h~ve the option of utilizing 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.
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. Where an impasse 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.
~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 col~ission 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 o~ 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. Withi~ fifteen (15)
calendar days after the close of the final hearing,the~specia] master
-21-
shall transmit his recommended decision to the commission which
shall, within five (5) working days after receipt thereof,
transmit the recommended decision to the representatives of both
parties. Such recommended decision shall be discussed by the
parties and shall be deemed approved by both parties unless either
party, by written notice, filed with the commission within twenty
(20) calendar days after the date the commission mailed the special
master's recommended decision to the parties, rejects the recom~nen-
ded 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:
(a) The chief executive officer of the governmental entity
involved shall, within ten (10) days after rejection of the
recommended decision of the special master, submit to the legisla-
tive 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
recoF~endations to the employee organization.
Cb) The employee organization shall submit its recommendations
for settling the dispute to such legislative body and to the chief
executive officer.
Cc) 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
the public employees involved.
1,013 -- Factors to be considered by the special master. --
The special master shall conduct the hearings and render his recom-
mended decisions with the objective of achieving a prompt, peaceful
and just settlement of disputes between the public employee
_22-
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) 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 or 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) Interest and welfare of the public.
(4) 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 of the mediator and special master
and all stenographic and other expenses shall be borne equally by
the Darties.
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 ~aster shall be made available to the
special master by a request in writing to any of the parties tc
the impasse proceedingsJ Notice of such request shall be furnished
to all parties. Any such records which are made available to the
special master shall also be mad~ 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, 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~
6e) 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, 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 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.
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 s. 1.016 shall be remedied by the conunission
in accordance with the following procedures and in accordance with
~hapter 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
s. 1.0!6 shall be initiated by the filing of a charge with the
commission by an employe~, 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
-25-
alleged unfair labor practice and specific reference to the
provisions of s. 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
insufficient, 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 t~enty (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) Ifupon review it isdetermined that the charge is
sufficient, the commission shall notify the parties. Each respond-
ent so charged shall thereupon file ananswer 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 cha~ging 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 finaladjudication
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 commission 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 issued at least
fourteen C14) days prior to the scheduled hearing.
(b) The evidentiary hearing shall be conducted by ahearing
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 645) 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 ruling~ on procedural
matters. The recommended~ order may also include recommended
conclusions of law if requested by the con~nission.
(d) If the hearing was held before the coinmission or a member
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of the commission, the commission may elect to issue a final order
which is in compliance with s. 120.58[1)[e) and s. 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 allged unfair labor
practice occurred more than six 66) 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 C6)
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 issued pursuant to this
section shall be enforced pursuant to the provisions of s. 1.0175
and shall be reviewed pursuant to the provisions of s. 1.018.
1.0175 -- Enforcement of commission orders. -- In case of any
failure by any employer/employees, or employee organization to
comply with any order of the commission, upon application of the
commission or, notwithstanding the provisions of s. 120.69(1)(b)1.,
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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 s. 120.69. However, if one or more petitions
for enforcement and a notice of appeal involving the sa~e 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 circui~ court to which Dresented, and shall
take precedence over all other civil matters except prior matters
of the same character.
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 s. 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 ap_Deal, the appropriate
district court of appeal shall thereupon kave 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 co~LmLission, with respect to
questions of fact, if supported by substantial evidence on the
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 f~om 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
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.
1.019 -- 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 viola-
tion of this section shall subject the violator to the penalties
provided for herein.
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 matterson 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
effected 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
Statutes. The circuit court shall conduct a hearing, with notice
to the commission and to all interested parties at the earliest
practioabl~ 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
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. In determining the appropriate
fine, the court shall objectively consider the extent of 10st
services and the particular nature and position of the employee
group in violation. In no event shall the fine exceed five thous-
and 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 any damages
which might be suffered by a public employer as a result of a
violation of s. 1.019 by the employee organization or its repre-
sentatives, 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
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 c~nsideration any action or
inaction by the public employer or its agents that provoked or
-31-
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, but 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.
Cc) 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 organiza-
tion 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 s.
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,
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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 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 s. 1019 of this ordinance shall not be certified
until one (1) year from the date of final payment of any fine
against it.
67) Orders of the commission pursuant to this section are
reviewable in the district court of appeal and may be enforced by
such court.
1,021 -- Other unlawful acts. --
(1) 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
employee's lunch hour or in such areas not specifically devoted
to the performance of the employeels 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.
(2) No employee organization shall directly or indirectly
pay any fines or penalties assessed against individuals pursuant
to the provisions of this ordinance.
-33-
(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.
1.022 -- Violations not a ground for municipal recall. -- Any
violation of this part (Labor Organizations; Public Employees)
shall not subj. ect any person to municipal recall and shall not be
considered as Grounds for municipal recall.
1.023 -- Merit or civil service system; applicability.
The provisions 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 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 not apply, except as
provided in s. 1.006(4).
1.024 -- Existing agreements. -- All public employee agree-
ments 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 certifica-
tion of any employee organization until such time as the employee
organization either loses a certification election or a decertifi-
cation election.
1.025 -- Public meetings and records law; exemptions and
compliance. --
(1) All discussions between the chief executive officer of
the public employer, or his representative, and the legislative
body of the public employer relative ~o Collective bargaining shall
be exempt from s. 286.011, Florida Statutes.
(2) The collective bargaining negotiations between a chief
executive officer, or his representative, and a bargaining agent
shall be in compliance with s. 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.
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 provision is found
to be unconstitutional or invalid for any reason, the same shall
not affect the remaining provisions of this ordinance.
1.027 -- Commission rules; powers retained by the legisla-
ture. --.The City Commission shall retain the right to approve,
amend or rescind all rules promulgated by the con~nission pursuant
to this ordinance. All rules, amendments, and recisions shall have
full force and effect only upon their approval by the State Public
Employees Relations Commission.
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
completion at which time the cases shall be transferred and accepted
by the Sanford Public Employees Relations Commission in their
completed status.
1.029 -- Representation in proceedings. -- Any full time
employee or officer of any public employer or employee organization
may represent his employer or any member of a bargaining unit in any
proceeding authorized inthisordinanceexcluding the representation of
~ny person or public employer in a court of law by a person who is
not a ~icensed attorney.
1.030 -- 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.
1.031 -- Effective date. -- This ordinance shall take effect
'upon approval of the State Public Employees Relations Commission.
1.032 -- No amendment, revision or recision of this ordinance
-35-
shall become effective without approval of the State Public
Employees Relations Commission.
PASSED AND ADOPTED this ~4th day of September , 1979.
Mayor
Attest:
the City of Sad ford, Florida
CERTIFICATE
I, H. N. Tamm, Jr., City Clerk of the City of Sanford, Florida,
do hereby certify that a true and correct copy of the fore-
going Ordinance No. 1492, PASSED and ADOPTED by the City Com-
mission of the City of Sanford, Florida, on the 24th day of
September, 1979, was POSTED at the front door of the City
Hall in the City of Sanford, Florida, on the 25th day of Sep-
tember, 1979.
~ r,~ ~Sanford, Florid%
s t~C~/~o~~the
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