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1343 so doing; and WHEREAS public employee strikes lead to turmoil and disruption in governmental functions, and the lack of statutory pre- cautions, such as the failure to exclude managerial employees from an employee organization, will render a public employer extremely vulnerable to an illegal strike; and WHEREAS the first duty of a public employer is not profit but reliable and continuous service to the citizens which established it; and WHEREAS the public employer's duty of service includes, as an economic consideration, maintaining a proper level of taxation and other financial assessments; and WHEREAS the harm caused by an illegal strike against a public service or facility has a pervasive effect on the lives of every citizen because of its disruption of basic governmental functions; and WHEREAS a local commission established by a political subdivision is best suited to assess the economic and other factors that influence the alternatives available to a public employer and its employees; and WHEREAS Section 447. 022 of the Public Employment Relations Act, a part of Chapter 74-100, Laws of Florida provides for the adop- tion of a local ordinance, resolution or charter amendment, in lieu of the state Public Employment Relations Act; and WHEREAS the provisions of Article VIII. Section 2 (b), of the 1968 Florida Constitution and Chapter 73-129, Laws of Florida, the Municipal Home Rule Powers Act, authorize the adoption of local ordinances of this nature; -2- NOW, THEREFORE, La the Laterest of the be~erment of relations between the employees and the City of Sanford; and the sub- divisions and agencies thereof, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF SAN FORD, FLORIDA: 1. 001 Statement of Policy -- R is declared that the public policy of the City of Sanford and the purpose of this ordLaance is to provide Lmplementation of Section 6, Article I of the Constitution of the State of Florida, and to promote harmonious and cooperative relationships between government and its employees, bo~h collectively and Ladiv[dually, and to protect the public by assuring, at all times, the orderly and unLaterrupted operat[onsaand functions of government. I~ is the Latent of the City Commission that nothLag hereLa shall be construed to either encourage or discourage organization of public employees. These policies are best effectuated by: (1) Granting to public employees the right of organization and representation; (2) RequirLag the public employer to negotiate with bargainLag agents duly certified to represent public employees; (3) Creating a public employees relations commission to assist in resolvhng disputes between public employees and public employers; and (4) Recognizing the constitutional prohibition against strikes by public employees and providLag remedies for violations of such prohibition. 1. 002 -- Definitions - As used in this Ordinance: -3- (1) "Commission" means the public employees relations commission created by Section 1. 003 of this ordinance. (2) "Public employer" or "employee" means the City of Sanford and any subdivision or agency thereof which the commission or agency thereof which the determines has sufficient legal d[sthnctlve- hess to properly carry out the functions of a public employer. (3) "Public employee" means any person employed by the City of Sanford and any subdivision or agency thereof except, (a) those persons elected by the people, agency heads, members of boards, and commissions, (b) hndiv[duals acting as nego~iating representatives for employer author[ties, (c) persons who are designated as managerial or confidential employees pursuant to criteria contained herehn upon application of the public employer to the public employees relations cornmission. (4) "Managerial employees" are those employees generally having authority in the interest of the public employer who (a) formulate policy which is applicable throughout the bargaining unit, or (b) may reasonably be required on behalf of: the employer to ass[st directly in the presentation for and conduct of collective bargaining negotiations or to have a major role in the administration of agreements resulting therefrom, or (c) have a significant role in personnel administration or in employee relations, and in the preparation and administration of budgets for any public agency or institution or subdivision thereof, provided, that said roles are no~ of a routine, clerical or ministerial nature and require the exercise of Independent judgment. In deter- mining whether an individual is a managerial employee, the commission shall consider the tiistoric relationship of the employee to the public -4- elmployer and to co-employees. (5) "Confidential employees" are persons who act in a confidential capacity to assist, or aid managerial employee as defined in 1. 002 (4) of this ordinance. (6) "Strike" means the concerted failure to report for duty, the concerted absence of employees from their positions, the concerted stoppage of work, the concerted subm[ssion of resignat[ons, 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 cond[fiDns of employment or the rights, privileges, or obligations of public employment or participating Ln a deliberate and concerted course of conduct which adversely affects the services of the public employer, the concerted failure to report for work after the expiration of a collective bargaining agreement and picketing in furtherance of a work stoppage. (7) "Bargaining unit" means either that unit determined by the commission, or that trait determined by the public employer and the public employee organization and approved by the con~miss~on to be appropriate for the purposes':.of collective bargaining, provided however that no bargaining unit shall be defined as appropriate which includes employees of two employers that are not departments or divisions of the City or a subdivision or agency thereof. (8) "Chief executive officer" for the public employer shall mean the person whether elected or appointed who is responsible to the legislative body of the public employer for the administration of the -5- governmental affa[rs of the pubHe employer. (9) "Legislative body" means the governLug body of the public employer unless the public employees relations commission determ Lues that a un[t or subdivision thereof hay Lug authority to appropriate funds and establish pol[cy governLug the terms and conditions of employment and which, as the case may be, is the appropriate legislative body for the bargainLug unit. (10) "Employee organ[zation" or "organizat[on" 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 concernLug any matters relatLug to their employment relation- ship with a public employer. (11) "Bargaining agent" means the employee organization which has been certified by the commission as representing the employees in the bargaLuing unit as provided Lu Section 1. 009, or its representation. (12) "Budget submission date" means the date by which, under law or practice, a public employer's budget, or a budget containing proposed expenditures applicable to such public employer, is submitted to or is considered by the legislative body or other sirnilar body of government for fLual action, or in the absence of any annual budget, the date upon which an annual appropriation ordLuance, resolution, or law, for the ensuing fiscal year is required to be Lutroduced Before such legislative body, for final action. (13) "Professional employee" means: (a) Any employee engaged in work Lu any two or more of the follow Lug categories: -6- 1. Predominantly intellectual and varied in character as opposed to routine mental, manual, mechanical or physical work; 2. Involving the consistent exercise of discretion and judgment in its performance; 3. Of such a character that the output produced or the result accomplished cannot be standardized in relation to a given period of time; and 4. Requiring advanced knowledge in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study in an institution of higher learning or a hospital, as distinguished from a general academic education, an apprenticeship or training in the performance of routine mental or physical processes; or (b) Any employee who: 1. Has completed the course of specialized intellectual instruction and study described in subparagraph 4 of paragraph (a), and 2o 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 par~y shall be compelled to agree to a proposal or be required to make a concession unless otherwise provided in this ordinance. -7- (15) "Membership dues deduction" means the practice of a public employer of deducthng dues and uniform assessments from the salary or wages of a public employee upon the presentation to the public employer of cards authorizing the deduction of dues, signed by such individual public employee. Such term also means the practice of a public 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. 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 three (3) members to be appohuted by the City Manager, subject to confirmation by the City Commission, from persons representative of the public, known for their objective and inde- pendent judgment, and who shall not be employed by or hold any cec~mission with any governmental unit in the state or any employee organization as defhned in this ordinance. The City Manager shall designate one (1) member as chairman. Members shall serve for a term of four (4) years, except that beginnhlg on the passage hereof, one (1) member shall be appointed for a term of two (2) years, and one (1) member for three (3) years, and one (1) member for four (4) years, A vacancy for the unexpired term of a member shall be filled in the same manner as here in provided for an original appoinknent, The presence of two (2)members shall constitute a quorum of any called meeting of the commission. The commission in the performance of -8- its duties and powers under this ordinance shall not be subject to the control, supervision, or direction by the City Manager or City Cornmi'ssion. (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 fratuitously for the benefit of the public. The chairman and other men~bers 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 fanctions of the commission and upon authorization by the City Commission shall have the authority to employ such personnel as may be necessary to carry out the provisions of this ordinance, Until such time as the commission has submitted a budget which is funded by the City Commission, the commission shall, upon request of the chairman to the City Manager, have its fiscal needs provided for by appropriations from the unappropriated surplus. 1. 004 -- Commission; powers and duties. (1) After public hearing, the commission shall adopt, pro- mulgate, amend, or rescind such rules and regulations as it deems necessary and administratively feasible to carry out the provisions of this ordinance, in accordance with Chapter 120, Florida Statutes. (2) To accomplish the objectives and to carry out the duties prescribed by this ordinance, the commission may subpoena witnesses, may issue subpoenas to require the production of books, paper, and records, and documents which may be needed as evidence of any matter -9- under inquiry, and may administer oaths and affirmations. (3) In cases of neglect or refusal to obey a subpoena issued to any person, the circuit court of the county in which the investigations or the public hearings are taking place, and upon application by the commission, may issue an order requiring such person to appear before the commission and produce evidence about the matter under investigation. A failure to obey such order may be punished by the court as a contempt. (4) Any subpoena, notice of hearing or other process or notice of the commission issued under the provisions of this ordinance shall be served personally or by certified mail. A return made and verified by the individual making such service and setting forth the manner of such service is proof of service and a returned post office receipt, when certified mail is used, is proof of service. All process of any court to which application may be made under the provisions of this ordinance shall be served in the county wherein the persons required to be served reside or may be found. (5) The commission shall adopt rules as to the qualifications of persons who may serve as mediators and special masters, shall maintain lists of such qualified persons who are not employees of the commission and shall initiate dispute resolution procedures by special masters pursuant to the provisions of this ordinance. (6) Pursuant to its established procedures, the commission shall resolve questions and controversies concerning claims for recognition as the bargaining agent for a bargaining unit, determine or approve units appropriate for purposes of collective bargaining and investigate charges of engagement in prohibited practices, and charges of striking by public employees. 1. 005 -- Public employer's rights. -- It is the rKght of the public employer to determine un[laterally 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 leg[thnate reasons, provided, however, that the exercise of such rights shall not preclude employees or their representatives fr~n raising grievances, should decisions on the above matters have the practical consequences of violating the terms and conditions of any collective bargaining agreement in force, or c~vil or career servKce regulation. 1. 006 -- Public employees' rights; organization and repre sentatKon. (1) Public employees shall have the right to form, join, and participate in, or to refrain from forming, joining, or participating in any employee organKzation of their own choosing. (2) Public employees shall have the right to be represented by any employee organization of their own choosing, to negotiate collectively through a certified bargaining agent with their public employer in the determination of the terms and conditions of their employment, and to be represented in the determination of grievances arising there- under. Public employees shall have the right to refrain from exercising the right to be represented. (3) Nothing in this ordinance shall be construed to prevent any public employee from presenting, at any thine, his own grKevances, in person or by legal counsel, to his public employer, and having such -11- grievances adjusted w~thout the ~ntervent~on of the bargaining agent, ~f the adjustment ~s not inconsistent w~th the terms of the collective bargaining agreement then in effect and ~f the bargaining agent has been g~ven 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, upon request, have Kts dues and uniform assessments deducted and collected by the employer from the salaries of those employees who authorize the deduct[on of sa~d dues and uniform assessments; pro- v~ded that such authorization ~s revocable at the employee's w~ll upon thirty (30) days written not[ce to the employer and employee organization; provided that reasonable costs to the employer of such deductions shall be a proper subject of collective bargaining. Such deduction shall be hn force during the term of the collective bargaining agreement. The public employer ~s expressly proh[bKted from any ~nvolvement ~n the collection of f~nes, penalties or special assessments. 1. 008 -- RegKstrat~on of employee organization. (1) Every employee organization prior to requesting recogn~tKon by a public employer, or prior to submitting a petition to the commission for purposes of requesting a representation elect~on, shall adopt a constitution and bylaws and shall regKster with the commission by filing a copy thereof, together wKth an annual report in~la form prescribed by the c~m~ss~on, and an amended report whenever changes are made, which shall include: (a~ The name and address of the organization and of any parent organization or organKzat~on w~th which ~t ~s aff~lKated; (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 local agent for service of process and the address where such person can be reached; (f) A pledge, in a form prescribed by the commission, that the employee organization will conform to the laws of the city and state and that it will accept members without regard to age, race, sex, religion, or national origin; and (g) Detailed statements, or references to spec[f[c provisions of documents filed under this section which contain such statements, showing the provision made and procedures followed with respect to each of the following: (A) qualifications for or restrictions on membership, (B) levying of assessments, (C) participation In insurance or other benefit plans, (D) authorization for disbursement of funds of the employee organization, (E) audit of financial transactions of the employee organization, (F) the calling of regular and special meetings, (G) the selection of officers and stewards and of any representatives to other bodies composed of employee organizations' representatives, with a specific statement of the manner in which each officer was elected, appointed, or other- wise s~lected, (H) discipline or removal of officers or agents for breache~ of their trust, (I) hnposit[on of fines, suspensions and expulsions of members, including the grounds for such action and any provision made for notice, hearing, judgment on the evidence, and appeal procedureS, (J) authorization for bargaining demands, (K) ratification of contract -13- terms. Any change in the information required by the subsection shall be reported to the commission at the time the reporting employee organization files with the commission the annual financial report required hereunder. (2) Every employee organization shall file annually with the commission a financial report signed by its president and treasurer or corresponding principal officers containing the following information in such detail as may be necessary accurately to disclose its financial condition and operation for its preceding fiscal year; (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 dis- bursements (including reimbursed expenses) to each officer and also to each employee who, during such fiscal year, received more than $10, 000 in the aggregate from such employee organization and any other employee organization affiliated with it or with which it is affiliated, or which is affiliated with the same national or international employee organization; (d) direct and indirect loans made to any officer, employee, or member, which aggregated more than $250 during the fiscal year, together with a statement of the purpose, security, if any, and arrangements for repayment; and (e) direct and indirect loans to any business enterprise, together with a statement of the purpose, security, if any, and arrangements for repayment; all in such categories as the commission may prescribe. (3) A registration fee shall accompany the initial report flied -14- with the commission. Such money shall be used to defray the cost of registration and investigation of the filing party, with the remainder to be deposited in the general revenue fund. The amount charged for registration shall not exceed fifteen dollars ($15). (4) Every employee organization shall keep accurate accounts of its Lncome and expenses which accounts shall be open for inspection by any member of the organization or by the commission at all reason- able times. (5) A copy of the current constitution and by-laws of the state and national groups with which the employee organization is affiliated or associated shall accompany each annual report. (6) An employee organization which is not registered as provided in this section, is prohibited from requesting recognition by a public employer or submitting a petition requesting a representat[on election. This prohibition shall be enforced by injunction upon petition of the commission to the appropriate circuit court. 1. 009 -- Certification of employee organization. (1) Any employee organization which is designated or selected by a majority of public employees in an appropriate unit as their repre- sentative for purposes of collective bargaining shall request recognition by the public employer. The public employer shall, if satisfied as to the majority status of the employee organization and the appropriateness of the proposed un[t, 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 Lrnmediately petition the commission for certification. The commission shall review only the appropriateness of the unit proposed -15 - 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. (2) If the public employer refuses to recognize the employee organization the employee organization may file a petition with the c~nmission 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 purposes of collective bargaining by the petitioning employee organization. Pro- vided that any employee, employer or employee organization having sufficient reason to believe any of the employee signatures were obtained by collusion, coercion, intimidation or misrepresentation or are other- wise invalid, shall be given a reasonable opportunity to verify and challenge the signatures appearing on the petition. (3) (a) The commission or one of its designated agents shall investigate the petition to determine its sufficiency; if it has reasonable cause to believe that the petition is sufficient, the commission shall provide for an appropriate hearing upon due notice. Such a hearing may be conducted by an agent of the commission, who shall not make any recommendations with respect thereto. If the commission finds upon the record of the hearing that the petition is sufficient, it shall im- mediately: (i) Define the proposed bargaining unit and determine which public employees shall be qualified and entitled to vote at any election -16- held by the commission; (2) Identify the public employer or employers for purposes of collective bargaining with the bargaining agent; (3) Order an electron by secret ballot. (b) Where an employee organization of the employees vo~ing in an electron, the commission shall certify the employee organization as the exclusive collective bargaining repre- sentative of all employees in the (c) In any electron in which none of the choices on the ballot receives the vo~e of a majority of the employees voting, a run-off electron shall be held according to rules promulgated by the commission. (d) No new election may be conducted in any appropriate bargaining unit to determine the exclusive representative if a repre- sentative election has been conducted within the preceding twelve month per (4) In defining a proposed bargaining unit, the commission shall take into consideration: (a) The principles of efficient admMistrafion of government; (b) The rimtuber of employee organizations employer might have to negoftate; (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 o~her admin- istrative authority or legislative body with respect to makers 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 unft, considering: 1. The manner in which wages and other terms of employment are determined; 2. The method by which jobs and salary classifications are determined; 3. Interdependence of jobs and interchange of employees. 4. Desires of the employees. 5. The history of employee relations within the organization of the public employer concerning organization and negotiation. (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 prescribe by regulations or by its decisions; provided that no unit shall be established or approved for purposes of collective bargaining which includes both professional and non-professional employees unless a majority of each group votes for inclusion in such unit. 1. 010 -- Collective Bargaining; approval or rejection -- (i) 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 -18- negotiations with the bargaining agent, the chief executive officer or his representative shall consult with, and attempt to represent the views of the legislative body of the public employer. Any collective bargaining agreement reached by the negotiators shall be reduced to writing and such agreement shall be signed by the chief executive officer and the bargaining agent. Any agreement signed by the chief executive officer and the bargaining agent shall not be binding on the public employer until such agreement has been ratified at a regularly scheduled meeting of the public employer and by public employees who are members of the bargain- ing unit, subject to the provisions of subsections (2) and (3) of this section. (2) Upon execution of the collective bargaining agreement, the chief executive shall, in h~s 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 collect[ve bargaining agreement. If less than the requested mount is appropriated, the collective bargain- ing agreement shall be administered by the chief executive officer on the basis of the amounts appropriated by the legislative body. The failure of the legislative body to appropriate funds sufficient to fund the collective bargaining agreement shall not constitute nor be evidence of any unfair labor practice. (3) tf any provision of a collective bargaining agreement is in conflict with any law, ordinance, rule, or regulation over which the chief executive officer has no amendatory power, the chief executive officer shall submit to the appropriate governmental body having amendatory power a proposed amendment to such law, ordinance, rule or regulation° Unless and until such amendment is enacted or adopted and -19- becomes effective, the conflicting provision of the collective barga~nkng agreement shall not become effective. (4) If the agreement ~s not ratified by the publin employer or ~s not approved by a majority vote of employees voting ~n the unit, ~n accordance w~th procedures adopted by the commission, the agreement shall be returned to the chief executive officer and the employee organ- ~zat~on for further negotiations. (5) Any collective bargaining agreement shall not provide for a term of existence of more than three (3) years, and shall contain all of the terms and conditions of employment of the employees in the bargaining unit during such term except those terms and conditions provided for Lu applicable rner~t and c~v~l setvine 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 d~sputes between employer and employee, or group of employees, involving the ~nterp retat~on or application of a collective bargaining agreement. Such grievance procedure shall have as terminal step a f~nal and b~nding d~spos~t[on by an impartial neutral, mutually selected by the parties; provided, however, that an arbitrator or other neutral shall not have the power to add to, subtract from, modify or alter the terms of a collective bargaLn~ng agreement. If an employee organization ~s 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 ~s reached shall super- sede the previously existing procedure. All public employees shall have the r~ght to a fair and equitable grievance procedure, administered w~thout regard to membership or nonmembership in any organization. -20- 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 knpasses -- (1) If, afler 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, or if no agreement is reached within sixty (60) days after the commencement of collective bargaining or at least seventy (70) days prior to the budget submission date of the public employer, an impasse shall be deemed to have occurred. 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 if the impasse is not resolved within sixty (60) calendar days prior to the budget submission date of the public employer, the commission shall: (a) Appoint a special master 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 qualified special master. Provided that nothing in this section shall preclude the parties from using the services of a mediator at any time during the conduct of collective bargaining. (b) The special master or masters shall hold hearings in order to define the area or areas of dispute, to determine facts relating to the dispute and to render a decis[on on any and all unresolved contract -21- issues. The hearLugs shall be held at tknes, dates, and places to be established by the special master or masters in accordance with rules promulgated by the commission. The special master or masters shall be empowered to admLnister oaths and issue subpoenas on behalf of the parties to the dispute or on their own behalf. Within twenty (20) calendar days after final hearLugs, the commiss4on shall transmit the recommended dec4s[on of the special master or masters to the repre- sentat4ves of both parties, which decision shall be discussed further by the parties in negotiations and shall be deemed approved by both parties unless e4ther party, by formal action, rejects the decision within fifteen (15) calendar days of the transmission of the decision to the parties. (c) In the event that either the public employer or the employee organization does not accept in whole or in part the recommen- dations of the special master or masters, (4) the ch4ef executive officer of the govermment involved shall, w4thin ten (10) days after receipt of the fLudings of fact and recornmendations of the special master or masters, subm4t to the leg4slative body of the government involved a copy of the findings of fact and recornmendat4ons of the special master or masters, together w4th their recommendations for settlLug the dispute; ([i) the employee organization may subm4t to such legislative body its recommen- dations for settlKn~ the dispute; (Hi) the legislative body or a duly authorized committee thereof shall forthwith conduct a public hearing at which the part4es shall be requLred to explaLn the4r positions w4th respect to the report of the fact-fLndLn~ board; and (iv) thereafter, the legislative body shall take such action as it deems to be in the public interest, Lnclud[ng the Luterest of the public employees involved, the Luterest of the tax- payers, the knpact on other employees, the finpact upon organizational efforts by other unions, the impact on the nature or quality of the public services provided by the employer. 1. 013 -- Factors to be considered by the special master. -- The special master shall conduct the hearings and render his decision with the objective of achieving a prompt, peaceful and just settlement of disputes between the public employee organizations and the public employer. The factors, among others, to be given weight by the special master in arriving at a decision shall include; (1) Comparison of the annual income of employment of the public employees in question ~ith the annual income of employment maintained for the same or sknilar 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; and ([) Availability of funds. 1. 014 -- The compensation, if any, of the mediator, shall be borne by the party or parties requesting or securing his appointment. The compensation, if any, of the special master shall be borne equally by the parties. All stenographic and other expenses will be divided equally between the parties. 1. 015 -- Records -- All records which are relevant to or have bearing upon any issue or issues raised by the proceedLugs conducted by the spec[al master shall be made available to the special master by the request in writing of any of the parties to the fact-finding. 1. 018 -- Unfair labor practices ~- (1) Public employers or their agents or representatives are prohibited from: (a) YIlterfering with, restraining, or coercing public employees ~n the exercise of any rights guaranteed them under this ordinance, or under Section 447.0S, Chapter ?4-100, Laws of Florida; (b) Encouraging or discouraging membership in any employee organization by discrknhuation in regard to hiring, tenure, or other conditions of employment; (c) Refusing to bargain collectively or failing to bargain collectively in good faith, or refusing to sign a final agreen~ent agreed upon with the certified bargaining agent for the public employees in the bargaining unit; (d) Discharging or discrkninating against a public employee because he has filed charges or given testimony under this ordinance; (e) Dominating, interfering with, or assisting in the formation, existence, or administration of any employee organization, or contributing financial support to such an organization; (f) Refusing to discuss grievances in good faith, pursuant to the terms of the collective bargaining agreement with either the certified bargaining agent or the public employee or employees involved. (2) A public employee organization or anyone acting in its behalf, its officers, representatives, agents or members are prohibited from: (a) rnterfering with, restraining, or coerchng public employees in the exercise of any rights quaranteed them under this ordinance, or under Section 447.03, Chapter 74-100, Laws of Florida; or from interfering with, restraining or coerchng 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 discrLminate against an employee because of the employee's membership or nonmembership in an employee organization or to attempt to cause the public employer to violate any of the provisions of this ordinance; (c) Refusing to bargain collectively or failing to bargain collectively in good faith with a public employer; (d) D~scrh~nKnating against an employee because he has s~gned or filed an affidavit, charge, petition, or complaint, or given any information or testimony in any proceedings provided for in this ordinance; (e) Participating ~n a str~ke against the public employer by instigating or supporting, Kn any positive manner, a strike. Any violation of this section shall subject the violator to the penalties provided in this ordinance. -25~ (f) Instigating or advocating support, in any positive manner, for an employee organ[zation's activities from high school or grade school students, or institutions of higher learning. (S) Notwithstanding the provisions of subsections (1) and (2), the parties' rights of free speech shall not be infrKnged upon and the expression of any argument or opinions shall not constitute or be evidence of an unfair employment practice or of any other violation of th~s ordinance, if such expression contains no promise of benefits, nor threat or reprisal or force. 1. 017 -- Charges of unfair labor practices -- Violations of the provisions of Section 1. 016, shall be remedied by the commission in the follow ing manner: (1) Vv~henever ~t is charged by an employer, an employee organization or an employee that any person has engaged in or is engaging in any unfair labor practice, the commission, or any agent designated by the commission for such purpose, shall conduct a preliminary investigation to determine if there is substantial evidence indicating a prkrna fac~e violation of the applicable unfair labor practice provision. (2) If, upon a prelhninary investigation, it is determined that there is not substantial evidence ~nd[cat~ng a prkna facie violation of the applicable unfair labor practice provision, the designated agent of the commission shall dismiss the charge. (3) A charging party whose charge ~s thus dismissed, may appeal to the chairman and one other member of the c~rnmiss[on, and if they find substantial evidence of a meritorious charge, that charge shall be reinstated and served pursuant to the procedures of paragraph (a) of this section. (a) If the commission or its agent determines that there is substantial evidence indicating a prkna facie violation the commission or such agent shall issue and cause to be served upon the person, a copy of the charges and a notice of hearing before the commission or a member thereof, or before a designated agent, at a place therein fixed, to be held not less than ten (10) days after service of a copy of the charges by the commission. Any charge may be amended by the charging party, at any time prior to the issuance of an order based thereon, provided that the charged party is not unfairly prejudiced thereby. The person upon whom the charge is served may file an answer to the charge. The charging party and the respondent shall have the right to appear in person or otherwise and give testimony at the place and time fixed in the notice of hearing. In the discretion of the member or agent conducting the hearing, or the commission, any other person may be allowed to intervene in the proceeding and to present testimony. In any hearing the commission shall not be bound by the judicial rules of evidence. (b) ~Vhenever a charging party alleges that a person has engaged in unfair labor practices and that he will suffer substantial and irreparable injury if he is not granted temporary relief, the commission may petition the circuit court for appropriate injuctive relief, pending the final adjudication by the commission with respect to such matter. Upon the filing of any such petition, the court shall cause notice thereof to be served upon the parties, and thereupon shall have jurisdiction to grant such temporary relief or restraining order as it deems just and proper. (4) The testimony taken by the member, agent, or the commission shall be reduced to writing and filed with the commission, Thereafter the commission, upon notice, may take further testimony or hear argument. (a) If, upon consideration of all evidence taken, the commission finds substantial evidence that an unfair labor practice has been committed, then it shall state Kts findings of fact and shall issue and cause to be served an order requiring the respondcut party to cease and desist from the unfair labor practice, and to take such positive action, including reinstatement of employees with or without back pay, as will effectuate the polleKes of this ordinance. The order may further require the person to make reports from tkne to t[rne showing the extent to which he has complied with the order. (b) If, upon consideration of the evidence taken, the commission finds that the person or entity named in the charge has not engaged in and Ks not engaging in the unfair labor practine, the commission shall state its findings of fact and shall issue an order dismissing the charge. (c) No notice of hearing shall be issued based upon any unfair labor practine occurring more than six (6) months prior to the filing of the charge with the commission, unless the person aggrieved thereby was prevented from filing the charge by reason of service in the armed forces, in which event, the six (6) month period shall be computed from the day of his discharge. (d) 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 hkn of any back pay, if the individual was suspended or discharged for cause. (5) The distrint courts of appeal are empowered upon the filing of an appropriate petit[on, to review final orders of the commission. Until the record in a case has been filed in the appropriate d~str[ct court of appeal, the commission at any tkne, upon reasonable notice and in such manner as ~t deems proper, may modify or set aside, in whole or in part, any findings or order made or issued by (6) (a) The commission may petition for enforcement of the order and for appropriate injunct[ve relief, and shall file the record of the proceedings before the commission in the district court of appeal. (b) Upon the f~Hng of the petition, the appropriate district court of appeal shall cause notice thereof to be served upon the respondent, and thereupon shall have jurisdiction of the proceeding and shall grant such temporary or permanent relief or restraining order as it deems just and proper, enforcing, modifying, or setting aside in whole or in part the order of the commission. No objection that has not been urged before the commission, its members or agent, shall be considered by the district court of appeal, unless the failure or neglect to urge the objection is excused because of extraordinary circumstances. The findings of the commission, with respect to questions of fact, if supported by substantial evidence on the record considered as a whole, shall be conclusive. (c) If either party applies to the court for leave to present additional evidence and shows to the satisfaction of the court that the additional evidence is mater~al and that there were reasonable grounds for the failure to present it in the hearing before the commission, its members or agent, the court may order the additional evidence to be taken before the commission, its members or agent, and to be made a part of the record. The commission may modify its findings as to the facts, or make new findings, by reason of additional evidence so taken and f~led, and it shall file the modifying or new findings, which findings, with respect to questions of fact ~f supported by substantial evidence on the record considered as a whole shall be conclusive, and shall file its recommendations, if any, for the modification or setting aside of its original order. (d) Upon the filing of the record, the jurisdiction of the court shall be exclusive and its judgment and decree shall be final, except that the same shall be subject to review in accordance with the rules of appellate procedure. An appropriate district court of appeal may enforce its rulings by contempt proceedings, if necessary. (7) Any person aggrieved by a final order of the commission granting or denying In whole or in part the relief sought, may obtain a review of such order by filing in the appropriate district court of appeal a petition praying that the order of the commission be modified or set aside. A copy of the petition shall be filed with the commission. There- upon, the aggrieved party shall file in the court the record in the proceeding certified by the commission. Upon the filing of the petition, the court shall proceed In the same manner as under subsection (5) and shall grant to the petitioner such temporary relief or restraining order as it deems just and proper, enforcing, modifying or setting aside, in whole or in part, the order of the commission. The findings of the commission with respect to questions of fact, if supported by substantial evidence on the record considered as a whole, shall be conclusive. (8) The commencement of proceedings under subsection (5) or (6) shall not, unless specifically ordered by the d[strint court of appeal, operate as a stay of the commiss[on's order. (9) Petitions filed under this ordinance shall be heard expe- ditiously by the d~strict court of appeal to which presented, and shall take precedence over all other civil matters except prior matters of the same character. -30 - 1. 018 -- Strikes prohibited -- No public employee or employee organization may participate in a strike against a public employer by instigating or supporting, in any manner, a str~ke. Any violation of th~s section shall subject the v~olator to the penaRies provided for here in and under state law. 1. 019 -- V~olat[on of strike prohibition; penaRies -- (1) Circuit courts having jurisdiction of the par~es are vested with the authority to hear and determine all actions alleging v~olat[ons of Section 1. 018 of th~s ordinance. Su~ts to enjoin violations of Sect[on 1. 018 of th~s ordinance wkll have priority over all matters on the court's docket except o~her emergency makers. (2) If a public employee, a group or employees, an employee organization, or any officer, agent, or representative of any employee organization, engages in a str~ke in violation of Section 1. 018 of th~s ordinance, the commission or any public employer whose employees are ~nvolved or whose employees may be affected by the str~ke, may file suit to enjoin the str~ke in the c~rcu~t court having proper jur[sdint[on and proper venue of such actions under the Florida Rules of C[v[1 Procedure and the Florida Statutes. The circuit court shall conduct a hearing, with notice to all ~nterested parties at the earliest practicable time. If the plaintiff makes a prima fac[e showing that a violation of Section 1. 018 of th~s ordinance is in progress or that there is a clear, real and present danger that such a strike ~s about to commence, the circuit court shall issue a temporary injunction enjoin[ng the strike. Upon final hearing, the c~rcu[t court shall either make the injunction permanent or dissolve ~t. -31- (3) If an [ljunction issued pursuant to this section to enjoin a strike is not promptly complied with, on the application of the plahntiff, the circuit court shall immediately [lit[ate contempt proceedings against those who appear to be [l violation. An employee organization found to be in contempt of court for violat[lg an [ljunction against a strike shall be fined an mount 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). Each officer, agent or representative of an employee organ- ization found to be in contempt of court for violating an injunction aga[nst a str[ke, shall be fined not less than fifty dollars ($50) nor more than one hundred dollars ($100) for each calendar day that the violation is in progress. (4) An employee organization shall be liable for any damages which might be suffered by a public employer as a result of a violation of the provisions of Section 447. 018, Chapter 74-100, Laws of Florida, by the employee organization or its representatives, officers and agents. The circuit court having jur[sdiction over such actions is empowered to enforce judgments aga[lst employee organizations, as defined [l this ordinance, by attachment or garnishment of union [litiation fees or dues which are to be deducted or checked off by public employers. action shall be maintained pursuant to this subsection until all pro- ceedings 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 -32 - 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 of its agents that provoked or tended to provoke the strike by the public employees. The trier of fact shall also take into consideration any damages that might have been recovered by the public employer under subsection 6 (a) 4 of this Section. (5) If the commission after a hearing on notice conducted according to rules promulgated by the commission determines an employee has violated Section 1. 018 of this ordinance, it may order the termination of his employment by the public employer. Notwithstanding any other provision of law, a person knowingly violating the provision of such section may, subsequent to such violation be appointed or reappointed, employed or reemployed, as a public employee, but only upon the foil owing c ond it ion s: (a) Such person shall be on probation for a period of six (6) months following his appointment or reappointment, employment or reemployment, 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 or reappointrnent, employment or reemployment. (6) (a) If the commission determines an employee organization has violated Section 1. 018 of this ordinance, it may: 1. Issue cease and desist orders as necessary to insure -33 - compliance with its order. 2. Suspend or revoke the certification of the employee organ- t~atton as the bargaining agent of such employee unit. 3. Revoke the privilege of check-off of dues deduction and collection previously granted to the employee organization. 4. Fhqe the organization up to twenty thousand dollars ($20, 000) for each calendar day of such violation or determine the approxh~nate cost to the public due to each calendar day of the str~ke and fine the organization an amount equal to such cost, notwithstanding the fact that the fine may exceed twenty thousand dollars ($20, 000) for each such calendar day. The fines so collected shall hnmedtately 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, tf any, to be awarded to the public employer, the commission shall take into consideration any action or inaction by the publin employer or its agents that provoked or tended to provoke the strike by the public employees. (b) An organization determined to be in violation of the provisions of Section 1. 018 of this ordinance shall not be certified until one (1) year from the date of final payment of any fine against ~t. (7) Orders of the commission pursuant to this section are reviewable in the district court of appeal and may be enforced by such court. 1. 020 -- Other unlawful acts -- (1) Employee organizations, their members, agents, repre- sentatives, or any person acting on their behalf are hereby prohibited from: -34- (a) Soliciting public employees durLng 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, ware- houses, schools, police stations, fire stations and any similar public installations. This section shall not be construed to prohibit the distri- bution of literature during the employee's lunch hour or in such areas not specifically devoted to the performance of the employee's official duties. (c) Instigating or advocating support, in any positive manner, for an employee organization's activities from high school or grade school students during classroom time. (2) No employee organization shall directly or indirectly pay any fines or penaRies assessed against individuals pursuant to the provisions of this ordinance. (3) The circuit courts of this state shall have jurisdiction to enforce the provisions of this section by injunction and contempt proceedings, if necessary. A public employee who is convicted of a violation of any provision of this section may be discharged or otherwise disciplined by his public employer, notwithstanding further provisions of law, and notwithstanding the provisions of any collective bargaining agreement. 1. 021 -- Merit or civil service system; applicability -- The provisions of this ordinance shall not be construed to repeal, mend, or modify the provisions of any law or ordinance establishing a merit or civil service system for public employees or the rules and regulations adopted pursuant thereto; or to prohibit -35 - or hinder the establishment of other such personnel systems unless the provisions of such merit or civil service system laws, ordinances or rules and re~ulat[ons adopted pursuant thereto are in conflict with the provisions of this ordhnance [n which event such laws, ordinances, or rules and regulations shall not apply, except as provided hn S1. 006(3). 1. 022 -- Existing agreements -- All public employee agree- ments now in existence shall remain in effect until their expiration. i. 023 -- Government in the sunshine -- The provisions of S447. 023, Chapter 74-100, Laws of Florida are adopted as a part of this ordinance. 1. 024 -- Severability -- It is declared to be the legislative intent that the provisions of this ordinance are severable. IfI any sect[on, subsect[on, sentence, clause or provision is found to be unconstitutional or invalid for any reason, the same shall not affect the remaining pro- visions of this ordinance. 1. 025 -- Review of Commission Rules -- The City Commission shall retain the right to approve, amend or rescind all rules promulgated by the commission pursuant to this ordinance. In the absence of legislative act[on to the contrary, all rules shall have full force and effect upon their approval by the Commission. 1. 026 -- 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. 027 -- Effective Date -- This ordinance shall take effect upon application of the City of Sanford to the Public Employees Relations Commission for review and approval as to whether the provisions or -36- procedures, or both, of this ordinance are substantially equivalent to the provisions and procedures set forth Ln Section 3 of Chapter 74-100, Laws of Florida. PASSED AND ADOPTED this 28th day of June , A.D., 1976. ~t/~//~ Mayor es: · . er ~ , , ~ , ]' As the City Commls~~ City of Sanford, 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 foregoing Ordinance No. 1343, PASSED and ADOFrED by the City Commission of the City of San- ford, Florida, on the 28th day of June, 1976, was POSTED at the front door of the City Hall in the City of Sanford, Florida, on the 29th day of June, 1976. 'City of Sanford, Florida -37-