1338 I~MEI{GENCY ORDINANC]~ NO.*' 1338
An ordinance pursuant to Article VIII, Section 2 (b)
of the 1968 Florida Constitution and Chapter 73-129, Laws ,
of Florida, the Municipal Home Rule Powers Act, and Section
447. 022, Florida Statutes, Chapter 74-100, Laws of Florida,
relatfng to labor, implementing Sectlon 6 of Artlcle I of
the ConstitUtion of the State of Florida; providing right
to municipal employees to organize and bargain colIectively
as to terms and .conditions of employment; providing method
of bargaining procedure; creating and providing adm inistration
by the Sanford'public employees .relations commission; providing
for City Commission review of commission rules; defining rights
of public employees and employers; providing payroll dues
deduction; providing rules and procedhres for registration,
recognition, and certification of employee organizations
and bargaining agents; providing payment of fees and expenses
in collective bargaining process; providing grievance procedures;
providing procedures for resolution of impasse; providing
factors to be considered by the special master; providing
for compensatlon and records; establishing unfafr labor
practices by employers and employee organizations;
providing procedures to resolve untawful actions and practices;
establishing penalties and remedies, providing infunctive ·
rc~tjef; providjrjg Qifec!h on merit and civil .~;~;rvjcc; :~ystte!l]z~
and staEe and local control. of ~ame; adoptiDg the provisions
of ~447.023, Chapter 7,~-.100~ Laws of Florida, as a part
hereof; provjdj.ng ~or severability; provid. ing for continued
effectiver~ess of existing agreements; providing an effec~a.ve
date.
Be it }cnown ~hz~t:
WHEIU3A$ a ~tatutory i]npleinentation Of Sectzion 6~
Article I of the Cc, nstitutior, of the StDte of Florida is
necessary to p~:omote harmonious and cooperative relationships
between goveznment and its er~p~oyees, and to protect the
publid ky assuring at all times the orderly and uninterrupted
operatio~s and functions of government; and
~7!~!~.?t~ the encouragement or discouragement, in ally
way, of a public employee organization will interfere with a
public employee' s rj.~]ht to belong to Such en organization or
refrain from so doiilg; and
WHER!~AS p~lbiic e~nployee strikes ].eked to turinell and
disr'uption i~ c~overnment&-.t funetjonsr add the lack of stat~tory
precslltj, o]]:z; F;UCII n.s the failu/:fe %o e;<cl~de managerial ..
er~p]oyeer; fr~.m an en~ploy~e olrganizatior~, will zencl~? a
public emp3.oVer e~ctremely vulnerable t:o ~n il]feg'D. 1 f~hrj.ke;
and
W]IF)~!J~S i:]]c: fir~mt duty of a public employer is not
pro~it ):,~t~ r~liable and continuous s+'~rvice to th~ citizens
whic~h est, ablished it; and
WHEREAS the public employe.r's duty of service includes,
as an economic consideration, mai.ntaining 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 10cal commission established 5y a political
subdivision is best suited to assess the economic and other factors that
influence the alternatives available to a publi'c employer and its e~=qployees;
and
WHEREAS Section 447. 022 of the Public Employment
Relations Act, a part of Chapter 74-100, Laws of Florida provides for
the adoption <Sf 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),
the 1968 Florida Constitution and Chapter 73-129, Laws of Florida, the
Municipal Home Rule Powers Act, authorize the adoption of iocal ordinances
of this nature;
NOW, THEREFORE, in the interest of the betterment 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 TitE
CITY OF SANFORD:
1. 001 Statement of Policy. --The City Commission has
t xn { that public emergency exists and it is in the interest of the employees
de 'e rm e c a .
of the City of Sanford and for the public peace of the citizens thereof that this
Ordinance be passed. It is declared that the public policy of the City of Sanford
and the puroose of this ordinance xs to provide implementation of Section 6, Article I
of the Constituti.on of the State of Florida, and to promote harmonious and cooperative
relationships between government and its employees, both collectively and individually,
and to protect the oublic by assuring, at all times, the orderly and uninterrupted
operations and functions of governmenL [t is the intent of the City Commission that
nothing herein shall be construed to either encourage or discourage organization of
public employees. These ~olieies are best effectuated by:
(1) Granting to sublic employees the right of organization
and representation:
i2) Requiring the oublic employer to negotiate with bargaining
agents duly ce~ified to re~resen~ sublic emoloyees;
(3) Creating a public emOloyees relations commission to assist m
resolving disou~es between public employees and public
employers; and
(4) Recognizing the constitutional prohibition against strikes by
public employees and providing remedies for violations of
such prohibition.
1. 002 -- Definitions - AS used in this Ordinance:
(1) "Commission" means the public emoloyees 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 ~hieh the commission or agency thereof which the
determines has sufficient legal distinctivehess 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) individuals acting
as negotiating representatives for employer authorities.
(c) persons who are designated as managerial or confidential
employees pursuant to criteria contained herein upon appli-
cation of the public employer to the public employees
relations commission.
(4) "Managerial employees" are those emp.loyees 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 assist 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 not of a routine, clerical or ministerial nature
and require the exercise Of independ!nt judgment. In deter-
mining whether an individual is a.manageriat employee, the
commission shall consider the historic relationship of the
employee to the public employer and to co-employees.
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(5) "Confide~tial 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) 'lStrike" means the concerted failure to report for
duty, the concerted absence of employees from their positions,
the concerted stoppage of v;ork~ the concerted submission of
resignations, the concerted abstinence in whole or in part
by any group of employees from the full and faithful performance
of the dukies of emplol~eDt ,~ittz a pub3_ic employer~ for the
purpose of inducing, influencing~ condoning or coercing a
change in the terr~]s and conditions of emplo~ent or the
rights, privileges, or obligations of public employment or
participating in a deliberate and concerted course of
conduct which adversely affects the service~ of the public
employer, the conce~rted failure to report for work after the
expiration of a collective bargaining agreement and picketing
in furtherance of a work stoppage,
(7) '~Barga3.n3. ng unit" ~neans either that unit determined
by the con~issa. on, or Ehat unit determined by the public
employer an,t the public employe~ organization and approved
by the commission to be appropriate for the purposes of
collective bargaining~ provided hox~;ever that no bargaining
unit shall be defjn~d as appropriate which includes employees
of t'~;o exnployers that are not departments or divisions of
the City or a subdivision or ~ency thereoE.
(8) "Chief executive officer" for the public employer
shall mean the person whether elected or appointed who ~s
respons'ible to the legj. s_]ative body of the public employer
for the administration of the governmental affairs of the
public employer.
(9) "Legislative body~' ~neans the governi~g body of the
public employer unless the public employees relations co~mnission
determines that a unit or subdivision thereof bsving authoEity
to appropriate funds and establish policy governing the
terms add conditioD~ of employment and ~,hich; as the c~se
may be, is the appropriate legislative body for the bargaining
unit.
(10) "Employee organization" or "organization" mea~ls
any labor organization, union, association, fraternal order',
occupatio.u. al or professional society~ or group~ however
organized or constituted, wb. ich represents or seeks to
represent any public employee or g~oup of public employees
concerning any matters relating to their employment relation-
ship ~ith a public employgr.
(ll) ~Bargaining agent" means the employee organization
which b~s been certified b~ the comn~issaoa as representing
the employees ~.n the bargaining unit as provided in Sechzon
]., 009, or ~ ts representative.
~12) "Budget .:ubmissj~>n date" means the date by which,
unc]cr l~w 'or practice, a publ.~c employer's budget, or a
budget containing pzoposed expe~:ditures a~plicable to such
public en~ployc~, is submitted to or is considered by the
legislativ<~ bod~ or other similar body of government for
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final actions. or in the absence of any annual budget, the
date upon which an annual appropria~:ion ordj. r~ancc, reso].u~ior~,
or law, for the e~suj. ng ~iscal year is 'required ~no be in~:ro-
duced before such legislative body, for final action.
(13) "Professional employee" means:
(a) Any employee engaged in work in any two or more of
the foli oW.~ng categorj. es:
1. Predominax~tly j. nte]lectual and vat.led in character
as opposed rio routi~:e mental, manual, mechanic~-~] or physical
work;
2. Involving the consistent exercise o~ discretion
and judgment in its perfol~lance;
3. Of such a character that the output produced or
the result eccomplished cannot be sta~)dardized in relation
~o a given period of time; and
4. Requiring advanced knowledge in a field of' science
or learning custom~nrily acquired by a prolonged course of
specialized int.ellec~;ual ins~zuchion a~d study iD an insti-
tution of hj.g~er learniDg or a hospital., aE; distinguished
froln a general] academic cducai:ion~ an apprenticeship or
tralnl. n9 zn tl~e perfo~ar~ce o~% routiue mental or t~hysica]
1~70~7c~3se,~3; or
(b) Any employee ~,.ho:
1. IIas com~/leted the course of specialized intellectual
inshructio~] ah'~ stuc~y described in subparagreph 4 of paragraph
(a) , add
2. Is performing related work under supervision of a
professional person to qualify himself to .become a professjonal
employee as defined in paragraph (a).
(14) "Collective bargaining" means the performance of
the mutual obligations of the public employer and tile bar'gaining
agent of the employee organiza. tior~ to meet at reasonable
times, tO negotiate in good fsith and to execute a written
contract with respect to sgreements reached concerning the
terms and conditioDs of employment, except that neither
party shall be compelled to agree to a proposal or be reqdired
to make a concession unless other~-?ise provided in this
oralinane e.
(15) "l~.embershjp dues deduction" means the practice of
a public emp!o.Ver of deducting ¢)ues and uniform assessments
from the saL3ry or wages of a public employee upon tile
presentation to tile public employer of cards authorizing the
deduction of dues, signed by such individual pub].ic employee.
Such term also means the practice of .a public employer of
transmit:ring the sums so deduc. ted to such employee organization.
(16) '~Civi]. Service" means any career, civil or merit
syst.em used by any public e. rnployer.
1.003 .... l~ub].ie emp].o'.,~ees relations conhn]ission. --
(1) The~. is bereb,~ created and established ~,he public
employees reI;jtions commissl.on~ hereinafter referred to as
the "commj. ssion." The commission shall be composed of thre'e
(3) meIl~bc, rs to be aDpoilited by the City Manager, subject to
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confirmation by the City Commission. [rom persons representative
of the public, known for their objective and independent
judgment, and who shall not be employed by or hold any
commission with any governmental unit in the sta~e or any
employee organization as defined 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 beginning 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 anexpired term of a member shall be filled
in the same manner as herein provided for an original appoint-
ment. The presence of two (2) 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 employmen~ 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 admini-
strative functions of the commission and upon authorization
by the City Commission shall have the authority To employ such
personnel as may be necessary to carry out the provisions of
this ordinance. Until such time as the commission has
submitted a budget which is funded by the City Commission. the
commission shall, upon request of the chairman to the City
Manager, have its fiscal needs provided for by appropriations
from the unappropriated surplus.
1.004 -- Commission; powers and duties. --
(1) After public hearing, the commission shall adopt,
p.romulgate, amend, or rescind such rules and regu-
lations 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
co~nission may subpoena witnesses, may issue
subpoenas to require the production of books.
papers, records, and documents which may be needed
as evidence o~ any matter under inquiry, and may
administer oaths and affirmations.
(3) In cases of neglect or refusal to obey a subpoena
issued to any person, the circuit court of the county
in which the investigations or the public hearings
are taking place, and upon application by the com-
mission, may issue an order requiring such person
to appear before the commission and produce
evidence about the matter'under investigation.
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~ failure to'obey such order' may be punished by the cou'rt as
a contempt.
(4) Any subpoena, notice of hearing or other process
or notice of the conunission issued under the provisions of
this ordinaDce shall be served personally or Dy certified."
mail. A return made and verified b~, 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 towhich application may De made under the pro-
visions of this ordinance shal% be served in the county
wherein ~he persons required to be served reside or may be'
(5) The commission shall adopt ru].es ~as to the quali-
fications of persons who may serve as mediators and special
masters, shall maintain lj~ts of such qualified persons who
are not employees of the commission and shall initiate
.dispute r~solutio~ proced. ures by special masters pursuant to
the provisions of this ordinaDce.'
(6) Pursuant to its es~.ablished Frocedures, the
commission shall resolve questions and controversjes concern-
lug 'clarions for recog~ition as the bargai~xing agent for a
barg~ini~g unit, determine or approve units appropriate for
purpose~ of collective bargair~ing and investigate charges of
engagement jn prohibited praC'tiCes, and charg'es of striking
by public e~ployces.
1.005 -- Public employer's rights. -- It is .the right
of the public employer to determine unilaterally the purpose
of each of its constituent agencies, set standards of services
to be offered to the public, and exercise control and discretion
over its organization and operation. It is also the right
of the public employer to direct its employees, take disciplinary
action for proper cause, and relieve its employees from duty
because of lack of work or for other legitimate reasons,
provi~ed~ however, that the exercise of such rights shall
not preclude employees or their representatives from rai~ing
grievances, should decisions on the above matters have the
practical consequences of violating th& te~s and conditions
of any collective bargaining agreement in force, or civil or
career service regulation.
1.006 -- Public employees' rights; organization and
representation~ --
(1) Public employees shall have the right to form,
jo~n, and participate in, or to refrain from fomning, joining,
or participating in any employee orgmlization of their own
choosing.
(2) Public empleyees shal.1 have the right to be repre-
sehtea 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 thereunder.
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Public employees shall have t)le right to refrain from exercisj. ng
the right to be represented.
(3) 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 hfs
public employer, and h~ving such grievances adjusted ~ithout
the interventiQn of the bargaining agent, if the' adjustment
is not inconsistent wil:h the terms of the collective 'bargain-
ing agreement then in ef>~ect and if the bargaining agent has
been given reasonable opportunity to be present at any
meeting called for the reselut4on of such grievances,
1.007 -- Dues; deduction and collection. -~ Any employee
organization ~;hich has been eel:tilled as a bargaining agent:'
sball~ upon request~ bare i~s dues and uniform assessments
deducted and collected by the employer from the salaries of
those employees ~.~ho authorize the deduction of said dues and
uniform assessments; providecl t:hD k such authorization is
revocable at the employ eels will upon thirty (30) days
written notice to the emploi;er and employee organization;
provid'ed that reasonable costs to t~e employer of such
def]uctions :shall be a proper subject of collective bargain--
inc/~. Such de~uct~on shA1.] be j.n force during the texm Of
the collective bargaining agreement. The public employer is
expressly prohibited from any involvement in the collection
of fines, penalties or special assessments.
1.008 'Registration of 'employee organizatiori. --
(1) Every employee org~uization prior to requesting
recognition by a public employer, or prior to submitting a
petition to the co~m~ission for purposes of requesting a
representation election, shall adopt a constitution and
laws a~d shall register ~Ijith the co~Fjnission by filing a copy
tt~ereof, together with an annual report 3..n a form prescribed
by the commission, and an a/nended report whenev~-~r changes
are made, ~,~hich shall include:
(a) The name and add. ress of the organization and of'
any par. ent organization or organization with which it is
affilia'.~ed;
(b) The n~unes and addresses of the principal officers
and all representatives of the orgm~izatio~;
(c) The ahmo~nt o£ the initiation fee and of the monthly
dues ~.~hich members must pay;
(d) The current annual financial statement of the
organiz&tion~
(e) The name of its local agent for service of process
and the ac~cTress where such person can be reached;
(f) 3'~ pledge~ in a form pr~scribed by the commission,
that the e}~iployee organization will conform to the laws of
the city a~d. state and that it will accept members without
regard to age, race, sex, religion, or national origin; and
(g) De. tailed statements, oE references to specific
pro~isions of documents filed under this secti.on which
contain such statements, showing the provision made and
procedures followed wit]] respect to each o~ the following:
(A) qualifications for or restrictions on membership, (B)
leVying, of assessment's, (C) participation ininsurance or
'other benefit plans, (D) authorization for disbursement ~f
f~ds of the ~mployee 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 otherwise selected, (H) discipline or
removal of officers or agenzs for breaches of their trust,
(I) imposition of fines, suspensions and ~xpulsions of
members, including the grounds for such action and any
provision made for notice, hearing, judgment on the evidence,
and appeal procedures, (J) au~herization for bargaining
demands, (K) ratification of contract terms. Any change in
the information required by the subsection shall be reported
to the commissio~ at the time the"reporting employee organization
files with the coI~uission 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
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accurately to disclose its financial conditiox~ and operation
for its preceding fiscal yearl
(a) assets and liabilities at the beginning and end of
the fiscal year;
(b) receipts of any k.~nd and the sources thereof;
(c) salary, allowances, and other direct or indirect
disbursements (including reimbursed expenses) to each officer
and also to .each en~ployee 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 ~,hich it is affiliated, or which is affiliated
with the same national or international employee Organization;
(d) direct and indireci~ loans made to any officer,
employee, or member, which aggregated.more 'than $250 during
the fiscal year, together with a statement of tile purpose,
security, if any, and arrangements for repayment; and
(e) direct and indirect loans to any business enter-
prise, together with a state~ent of the purpose, security,
if any, and arrangeynents fear repayment;
all in such categories as the commission may prescribe.
(3) A regis'cratj.on fee shall accompany the initial
report filed ~i'th the ce~m]ss3.o~. Such money shall' be used
to defri~y the ~.;ost cf registration and inve:stigation of the
filing party, with the remainde.r to be depos].ted in the
genera] reveD. ue f~Irld. The amount charged for registration
shall not e. xceed fifteen dollars ($15)-
(4) Every employee organization, sliall keep accurate
accounts of its income and expense,'-; which accounts shall be
open for inspection by ,Dny member of the organization or by
the comnission at all reasonable t~mes.
(5) A copy 0f the current constitution and by-laws
tt~e state and national, groups with ~vhich the employee organiza-
tion is affiliated or associated shall accompany each annual
report.
(6) An employee orga~ization which is not registered
aS provided in this section~ is prohibited from requestind
recognition b~- a public e~nploy~r. osr' submitting a petition
requestir~g a representation electjcn. This prohibitilon
shall Be enforced by injunCticn up{~n [~etition of the commis-~,
sion to the appropriate circuit court~
1.009 -- Certification ofeplployee organization. --
(1) Any employee crg'anization which is designated or
selected by a majority }m}f [}ublic employees in an appropriate
unit as their reprcsentahive for puri}o~;es of collective
bargaining shall request recognition by the public employer.
The pub].j.c employer sha].l~ if satisfied as ~.o the majority
status =of the emF=ltoyee orgz=~niz~tj.on '~nd the et}propriateness
of the' proposed 'unit~ reccygnize '%~he eY~:plOyee organization as
the. co].lective b;-~rqaining representative of employees j.n the
designated uBit,. Upon recognition by a public employer, the
emp!o}{ee. organization ~%~haI1 iramediat. ely petition, the co~ission
for cer~{iflcation. The commission shall review only the
~ppropriateness of the unit proposed by the employee organiza-
tion. If the unit is appropriate according to the criteria
used in this ordinance, the commission shall i~unediately
certify the employee organization as the exclusive representa-.
rive of all employees in the unit. "
(2) If ~he public employer refuses to recognize the
employee organization the employee organization may file a
petition with the cor~isszon for certification as the
bargaining agent for a proposed bargaining unit. The
petition shall be accompanied ~y 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. Provided 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 othe~ise
invalid, shall be given a reasonable cpportunity to verify
and challenge the signat~ures 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 reasonsble 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 co~nj. ssion~ who shall not make
any reco~nendatioDs with respect thereto. If the co~ission
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finds upon the record of the hearing that the petition is
sufficient, it shall immediately:
(1) Define the proposed bargains. ha unit and determine
which public employees shall be qualified and entitled to
vote at any election held by the commission;
(2) Identify the public employer or employers for
purposes of collective bargaining with the bargaining agent;
(3) Order an election by secret ballot.
(b) Where an employee organization is selected by a
majority of ~che employees voting in an election, the commission
shall certify the employee organization as the exclusive
collective bargaining representati~Te 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
votir~g, a run-off election shall be held according to rules
promulgated by the co~nission.
(d) No new election may be conducted in any appropriate
bargaining unit to determine the exclusive representative if
a representative election has been ccnducted within the
preceding twelve month peried.
(4)' In defining a proposed bargaining unit, the commis-
sion sha]cl i:ake into consideration:
(a) The principles of efficient administration of
government;.
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(b) The number of employee orgar~izations with which
the employer might ]lave to negotiate;
(c) The compatibility of the un.it 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 othe.~: administrative authority or legislative body with
respect to matters of employment upon which the employee
desires to negotiate.
(e) The orga~nlzational structure of the public employer;
(f) Co~mnunity of interest among the employees to be
included in the unit, consic~ering:
1. The manner in which wages and other terms of
employment are determined;
2. The method by wh~.ch jobs and salary classifications
are c~etermined~
3. Interdepen~tence of jobs and interchange of employees.
4. Desires o~ the employees.
5-. The his~:ory of employee re!.n'tions within the
or.q~u~ization of the public employer concerning
organiz~?cion ,:e. ild n,L. go~Liation~
(g) The statutory authority of the public employer to
administer a classification nnd pay plan.
(h) Such othe~-~· factors aD~ policies as the consission
may prescribe by regulations or by its decision-q; provided
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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 rejecti6n --
(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 office~
of the appropriate public employer cr employers jointly
shall bargain collectively in the determination of the
wagesr.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 represcntative shall meet a~ reasonable times
and bargain in good faith. In conducting negotiations with
the bargaining agent, the chief executive officer or his
representative shall consult with, an~ 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. ~y agreement signed by the chief executive officer
and the 5argaining 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 bargaining unit, subject to
the provisions of sUbsections (2) and (3) of this section.
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(2) Upon execution of the collective bargaining agree-.
ment, the chief executive shall, in his annual budget request
or by other appropriate means, request the legislative body
to appropriate'such amounts as shall be snfficent to fund
the provisions of the collective bargaining agreement. "If
less than the requested amount is appropriated, the collective
bargaining agreement shall be administered by the chief
executive officer on the basis of the amounts appropriated
by the legislative body. The failure of the legislative
body to appropriate funds sufficient to fund the collect~ve
bargaining agreement shall not constitute nor be evidence Of
any unfair labor practice.
(3) If any provision of a collective bargaining agree-
ment is in conflict with any law, ordinance, rule, or regulation
over which the chief executive cfficer 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 an~ until such amendment is enacted or adopted and.
becomes effective, the conflicting provision of the collective
bargainiDg agreemeut shall not become effective.
(4) If the agreement is not ratified by the public
~mployer or is not approved by a majority vote of employees
voting in the unit~ in accordance with procedures a~opted by
the commission, the agreement shall be returned to the chief
executive officer and the employee organization for further
negotiations.
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(5) Any collective bargaining agreement shall not
provide for a term of existence of more than three (3)
years, and shall cont~]in all of the terms and conditions of
' employment of the employees in the bargaining unit during
such term, except those terms and conditions provided for"in
applicable merit and civil service rules and regulations.
1.011 -- Grievance procedures.-- Each public employer
and bargaiDing agent shall negotiate a grievaDce procedure
to be used for the settlement of disputes between employer
and employee, or group of employees, involving the inter-
· preta~io~ or application of a ColleCtive bargaining agree-
ment. Such grievance procedure shall have as its terminal
step a. final anfl binding disposition by an impartial neutral~'
mutually Selected by the parties; provided, however, that an
arbitrator or other neutral shall not have the power to 'add
to, subtract from, modify or alter the terms of a collective
bargaining agreement° If an employee organization is certified
as the bargaining agent of a unit, the grievance procedure
then in existence may be '['-he subject of collective bargaining
and any agreement which is reached shall supersede the
previously existing procedure. All public employees shall
hav~ the right to a fair and equitable grievance procedure,
ac]~ninisterect without regard to membership or nonmembership
in any organization. A career service employee shall have
the option of utilizing the civil service appeal procedure
or a grievance procedure established under this section, but
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such employee cannot use both a civil serv3. ce appeal and a
grievance procedure.
1.012 -- I~esohltion of impasses --
(1) If, after a reasonable p~riod of negotiation
concerning the terms and conditions of employment to be 2
i]~corporated in a collective bargaining agreement, a dispute
exists between a public employer and a bargaining agent, or
if no agreement !s reached %~ithin sixty (60) days after tile
com~encement of collective bargaining or at least seventy
(70) days prior to the budget submission date of the public
employe~c, an impasse shall be deeFed to have occurred.
Where a~ impasse occurs, the public employer, or the bargaining
agent or both parties acting joint].y 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 ~npasse is
not resolved within sixty (60) calendar days prior to the
budget submission date of the public employer, the con~ission
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 dis~
cretion, 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 tile conduct of
collective bargaining.
(b) The special master or masters shall hold hearings
in order to define the area or ar. eaS of dispuke, to determine
facts relating to the dispute and to render a decision on
any and all unresolved contract issue:]. The hearings shall
be held at times, dates, and places ke be established by .'the
special master or n~asters in accordance with rules promulgated
by. the commission. The special master or masters shall be
empowered to adK~inister Oaths and is.~ue subpoenas on behalf
of the parties to the ~'~ispute or on their own behalf.
Within ~'-wenty (20) calend~r days afte~ final hearings, th~
co~mliss~on shall transmit the ~??cop%mendee. decision of the
special master or masters to the representatives of both
partie's, which 8ec.~sion shall be discusse,3. further by the
parties in negotiaticns a~nd shall be dfeeme&l approved by both
parties unless either party, by formal action, rejects the
decision wj.thin fifteen (15) calendar days of the transmission
of the decision to i~he parties.
(c)' In the event that either the public employer or
the employee o~ganiz~ition does not accept in ~;:bole or in
part the recommendations o~ hhe special mas'ter or masters,
(i) the chief exec'_~l~j.ve offjcer of the govern~ent involved
shdll~ wii'hin te!~ (1,O) dl~ys after receipt of the fixldings of
fact and recommendations of t. he special master or masters,
submit to the ].eg.~slotive body of Lhe gover~ment involved
a copy of the fi~dinqs of .[act and recommendations of the
special master or masters, together with their recommendations
for settling the dispute; (ii) the employee organization may
submit to such legislative body its recommendations for
settling the dispute; (iii) the legislative body or a duly
authorized con~mittee thereof shall forthwith conduct a
public hearing at which the parties shall be required to"
explain their positions with re~-%pect to the report of the
fact-finding board; and (iv) 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, the interest of the taxpayers, the impact on ot~er
employees, the impact upon organizational efforts by other
unions, the impact on the nature o~: quality of the public
services provided by the employer.
1.013 --- Factors to be considered by ~he special master. --
The special master shall conduct the hearings and render his
decision with the objective of achieving a prompt, peaceful
and just settl_emen~ of disputes between the public employee
organizations and ~:lue public entployer. The factors, among
others, to be given weight by the special master in arriving
at a decision shall include:
(1) Comparison o~ the annual income of employment of
the public employees in question with the annual income of
employment maintained for the stone, or similar work of employees
exhibiting like or similar. skills under the same or similar
workj. ng' conditioa~s in the local operating area involved.
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(2) Comparison of the annual income of employment of
the public employdes in question with the annual income of
employment of public employees in similar publ.ic 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 qualific:ations;
(c) Educational qualifications;
(d) Intellectual qualifications;
(e) Job training and skills;
(f) Retirement plans;
(g) SiCk leave;
(h) Job security; and
(i) Availability of funds.
1.014 --- The compensation, if sny, of the ~ediat0r,
shall be borne by the party or parties requesting or securlng
his appointant. The compensation~ if any, of the soecia!
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
proceedj. ngs conducted by the special master shall be made
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available to the special master by the request in writing of '
any of the parties to ~he f~ct-finding.
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, or under Section'447.03, Chapter 74-100,
Laws of Florida;.
(b) Encouraging or discouraging membership in.any
!employee organization by discrimination in regard to hiring,
tenure, or other conditions of employment; ~
(c) Refusing to bargain. collectively or failing to =.
bargain collectively in good faith, or refQsing to sign a
'final agreement agreed upon with the certified bargaining
agent for the public employees in the bargaining unit;
(d) Discharging or di, scriminating against a public
employee because he has filed charges er given testimony
under this ordinance;
(e) Dominating, interfering with, or assisting in the
formation', existence, or administration of any employee
or~anizatien, or cont~ibut~tng financial support to such an
organization;
(f) Refusing to discuss grievances in good faith,
pursuant to the ~er'ms of the collective bargaining agreement
wi~h either the certified bargaining agent or the public
employee or empl?yees involved.
12) A public employee organization or anyone acting in
its behalf, its officers~ representatives, a.~ents or members
are prohibited f~om:
(a) Interpreting with, restraining~ or coercing public
employees in the exercise of any rights guaranteed them
under this ordinance, or unc]er Section 447,03,~ Chapter 74-100,
Laws of Flerida; or from interfering wi~h, restraining or
coercing managerial employees by reason of their performa'nce
of job duties or other activities undertaken in the interests
of the 'gublic emp!oyer~
(b) Causing or attempting tci cause a public employe):
to'discriminate against au employee because of the employeels
membership or nonmembership in an employee organization or
to attempt to cause the public employer to violate any of
the provisions of this ordiDanCe;
(c)' Refusing to bar~f~ain colleqtively or failing to
bargain coll¢;ct~vely in good faith wj. th a public employer;
(d) D~scr~ inatj. ng against an en~plol.'ee because he has
signed. or filed an affiXInvite, char.'ge, ~etition, or complaint,
or' 9iven any infOrn!ation o.r.' testimon~ in any proceedings'
provided f6r' in this ordj~:ance;
(e) Partic.~pa~ing in a'strj.ke against the public
emplcyer bl? instigating cr supporting, in any positivc
manner, a strike. Any ~iolation of this section shall
subject the violator to the penalties provided in this
ordinance.
(f) Instigating or advocating support, in any positive
manner, for an employee organization's activities from high
school or grade school students, or institutions of high~.r
learning.
('3) Notwithstanding the provisions of subsections (1)
and (2), the parties' rights of free speech shall not be
infringed upon and the expression of any arg~nent or opinions
shall not constitute or be evidence of an unfair employment
practice or of any other violation of this ordinance~ if
such expression contains no promise of benefits, nor threat
of reprisal or force.
1.017 -- Charges of unfair labor pradtices -- Violations
of the provisions of Section 1.016, shall be remedied by the
commission in the following manner:
(1) Whenever it ~s 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 bl~ the co~ission for such purpose,
shall conduct a prelimiDary investigation to determine if
there is substantial evidence indicating a prima facie
violation' of the applicable unfair labor practice provision.
(2) If, upon a preliminary investigation~ it is determined
that there is not substantial evidence indicating a prima
facie violation of the applicable unfair labor practice
provision, the designated agcnt of the commission shall
dismiss the charge.
(3) A charging party whose charge is thus dismissed,
may appeal to the chairman and one other mer~aer of the
commission, 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 conm~ission or its agent determines that
there is substantial evidence indicating a prima facie
violation the commission or such agent shall issue and cause
to be served upon the person, 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 t~erein 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
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the co]mnission shall not be bound by the judicial rules of
evidence.
(b) Whenever a charging party alleges that a person
has engaged inunfair 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 injunctive relief, pending the
final adjudication by the commission with respect to such
matter. Upon the filing of ally such petition, the court
shallcause notice thereof to be served upon the parties,'
· and thereupon Sha!]i have jurisdiction to grant such temporary
relief or restraining order as it deems just and proper.
(4) The testimony taken by the men~er, agent, or the
commission shall be reduced to writing and'filed with tile
commission. Thereafter the co~nission, upon notice, may
take further testimony or hear argoRent.
(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 its findings
of fact and shall issue and cause to be served an order
r~quiring the respondent party to cease and desist from the
unfair labor practice,.and to take such positive action,
including reinstatement of employees wi~h or without back
pay, as Will effectuate the policies of this ordinance. TIle
order may further require the person to make rcports from
time to time showing the extent to which he has complied
with the order.
(b) If~ upon consideration of the evidence taken, the
commission finds that the person or entity named in the
charge has not engaged in and is not engaging in the unfair
labor practice r the co:~nission shall state its findings of
fact and shall issue an order dismissing the charg'e.
(c) No notice of hearing shall be issued based upon any
unfair labor practice occurring more than six (6) months
prior to the filing of the charge with the com~nis~ion,
unless the person aggrieve~ 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 co]mnission shall require
reinstatement of any individual as an employee ~ho has been
suspended or discharged, or the payment to him of any b~ck
pay, if the individual was suspended or discharged for
cause o
(5) The district courts of appeal are empowered upon
the filing of an appropriate petition, to review final
orders of the con~nission. Until the record in a case has
been filed in the appropriate district court of appeal, the
commission at any time, upon reasonable notice and in such
manner as it deems proper, may modify or set aside, in whole
or ~n part, any findings or order made or issued by
(6) (a) The commission may petj. tion for enforcement
of the order and for appropriate in]unctive relief, and
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shall fil'e the record of the proceedings before the conunission
in the district court of appeal.
(b) upon the filing of the petition, the appropriate
district court of appeal shall cause notice thereof to be
served upon the respondent,' and thereupon shall have juriS-
diction of the proceeding and shall grant such temporary or
permanent relief or restraining order as it deems just and
proper, enforcing~ modifyiDg, or setting aside in ~vho].e or
in part the order o.f the con~ission. No objection that has
not been urged before the com~ission, its members or agenE,
shall be considered by the district court of appeal, unless
the fail,ire or neglect to urge the objection is excused
because of extraordinary circ~stances. The findings of the.
co~ission, with respect to questions of f~ct, 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 add].tional evj. dence is material and Ehat
there were reasonable grounds for the failure to present it
in the hearing before the commission; its meters or agent,
th~ court may order the adclitional evidence to be .taken
before the commission, its members or a'gent, and to be made
a part of the record. The co~nission may modify its findings
as to the facts, or make nev~ findings, by reason of additional
evidence so taken and filed, and it shall file the modifying
or new findings, which findings, with respect to questions
of fact if 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 settiny
aside of its original order. J
(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 z
relief sought, may obtain a review of suc~ order by filinlg
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. Thereupon, the aggrieved party shall file in
the court the record inthe proceeding certified by the
commission. Upon the filing of the petition, the court
shall proceed in the same manner as under subsection (5) and
sh'al! grant to the commission 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
district court of appeal, operate as a stay of the commis~ion's
order.
(9) Petitions filed under this ordinance shall be
heard. expeditiously by the district.court of appeal to which
presented, and shall take precedence over all other civil
matters except prior matters of the same character.
1.018 -- Strikes prohibi~ed -- Nopublic employee or
employee organization may participate in a strike against a
public employer by instigating or supporting, in any manner,
a st:ike. Any violation of this section shall subject the
violator to the penalties provided for herein and under
state law.
1.019 -- Violation o~ strike prohibition; penalties --
(!) Circuit courts having jurisdiction of the parties
are vested with the authority to hear and determine all
action~ alleging violations of Section 1.018 of this ordinance.
Suits to enjoin violations of Section 1.018 of this ordinence
will have priority ever all matters on the court's docket
except other emergency matters.
(2) If a public emp!o~ee~ a group of employees, an
employee organization, or any officer, agent, or representative
of any employee organizatien, engages in a strike in violation
of Section 1.018 of this or~inance~ the conunission or any
public employer whose employees are involved or whose employees
may be affected by the strike~ may file suit to enjoin the
strike in the circuit court having, proper jurisdiction and
proper venue of such actions under the Florida Rules ofs
Civil Procedure and the Florida Statutes. The circuit court
shall conduct a hearing. with notice to all interested
parties at the earliest practicable time. If the plaintiff
makes a prima facie sho~ing that a violation of Section 1.018
of this ordinance is in' progress or that there is a clear.
real a.~d present danger ~.hat suc~.' a strike is about to
commen:e, the circuit court shal2 issue a temporary in,junction
enjoining the strike. upon final hearing, the circuit couI't
shall either make the injunction permanent or dissolve
(3) If an injru~c~'ion issued pursuant to this section
~o enjoin a strike .i~ not promptly complied with~ on the
application of the p!air~tiff~ the circuit court shall immediately
initiate contempt oroT~-=~--~']..in.s.? ~gains~. those who appear to be
in violatioi~. i~n em. pi.oS=~,~=? erge~nization fc~a,nd to be in
contempt of court fo~', ~?'i.",2.ating.an 3.Djunction against a
strike shall be file, eel ~n arn.'>~.lt d~-'.n~,:rd appropriate by
c~urt. In deter~n].nin~ i,?~.~-~, apl?roprs. a~r.e fi,qe~ the court sha].l
objectively cons!tier ft~'~.e e?=-=~e]=t o~ lost services and the
particular nat.~re =~F3.,;~ ~,. r'~ 'li~-!r' Df the en.pioyee group in
violation. £n n~ 'lr~.l'l,i .c,]~,li the fine exceed five thousand
dollars {~jS.OO0%~ ~],..c,~ c.~-fice,c~ agen~E or representative of
an employee organization found to be in contempt of court
for violating an injunction against a strike, shall be finea
not less than fifty dollars ($50) nor more than one hundred
dollars ($100) for eachcalendar day that the violation is
in progress. j
(4) An empioyee organization shall be liable for any
damages which might be suffered by.a public emp,loyer as a
result of a violation of theprovisionsof Section 447~018,
Chapter 74-100, Laws of Florida, by the employee organization
or its representatives, officers and agents. The circuit
court having Jurisdiction over such actions is empowered to
enforce judgments against employee organizations, as defined
in this ordinance, by attachment or garnishment of union ..
initiation fees or dues which areto be d~ducted or checked
off by public employers. No action shall be maintained
pursuant to this subsection until all proceedings which were
pending before the commission atthe time of the strike or
which were initiated within thirty (30) daysof 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,r the trier of fact shall take into
consideration any action or inaction by the public employer
'or=its agents.that provoked or tended to provoke the stri~e
by the public employees. The trier of fact shall also ~ake
i~tO consideration any damages that might have been recovered
by the public employer under subsection 6(a) 4 ofthis Section.
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(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 ordinancer it may
order the termination of his employment by the public employer.
Notwithstanding any other provision of law, a person kndwingly
violating the provision o.f such section may, subsequent to
such violation be appointed or reappointed, employed or
reemployed, as a public employee, but only upon the following
conditions:
(a) Such person Shall be onprobation for a period'of
six (6) months following his appointment or reappointment,
employ~!ent 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 reappointment, 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 neeessary to
insure compliance with its order.
2. Suspendor revoke the certification of the employee
organization as the bargaining agent of such employee unit.
3. Revoke the privilege of check-off of dues deductjan
and collection previously granted to the employee organization.
4. Fine the organization up to twenty thousand dollars
($20,000)' for each calendar day of such violation or determine
the approximate cost to the public due to each calender day
of the strike and fine the organization an amount equal to
such cost, notwithstanding the fact that the fin~ may exceed
twenty thousand dollars ($20,000) for each such calendar
day. The fines so collected shall immediately accrue to the
publio 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 considera-
tion any action or inaction by the public employer or its
agents that provoked or tended to provoke the strike by the
public employees.
(b) An organization determined to be in violation of
the provisions of Section 1.018 of this ordinance shall not
be certified until one (1) year from the date of ~inal
payment of any fine against it.
(7) Orders .of the commission pursuant to this section
are reviewable in the district court of appeal and may be
enforced by such court.
1.020 -- Other unlawful acts --
(1)I Employee organizations, their members, agents,
representatives, or any person acting on their behalf are
hereby prohibited from:
(a) Soliciting public employees during working hours
of any employee who is involved in the solicitation,
(b) Distributing literature during working hours in
areas where the actual work of public employees is performed~
such as offices, warehousest schools, police stations, fire
stations and any similar public installations. This section
shall not be construed to prohibit the distribution of
literature during the employee's lunch hour or in such areas
not specifically devoted to the performance of the employee's
official duties.
(c) Instigating or advocating support, in any positive
manner, for an employee organization's activities from high
school oT grade school students during classroom time.
(2) No employee organization shall ~irectly or indirectly
pay any fines or penalties assessed against individuals
p~rsuant 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
~mployee who is convicted of a Violation of any provision of
this section may be discharged Or'otherwise disciplined
his public employer, notwithstanding further provisions of
law, and notwithStandinU 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. amend. 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 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
S1.006(3).
1.022 -- Existing agreements -- All public employee
agreements now in existence shall remain in effect until
their expiration.
1.023 -- 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 inten~ 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 no~ affect the remaining provisions
of this ordinance.
1.025 -- Review of Commission Rules -- The City Commission
shall retain the right ~o approve, amend or rescind all
rules promulgated by the commission pursuant ~o this ordinance.
In the absence of legislative action ~o the contrary, all
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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 r.eview and approval as to
whether the provisions or procedures, or both, of this ordi-
nance are substantially equivalent to the provisions and pro-
cedures set forth in Section 3 of Chapter 74-100, Laws of
Florida.
PASSED AND ADOPTED this d' of ~" ~ ,
!A.Do, 1976.
A ttes t: aMay~D~~.~
Legal in form and valid A's the City Comm~ of the
if enacted: City of Sanford, Florida
City Attorney
CERTIFICATION
I, H.N. Tamre, Jr., City Clerk of the City of Sanford,
Florida, do hereby certify that the above and foregoing is a
true and correct copy of the original thereof on file in my office,
and that pursuant to Chapter 166, Florida Statutes, and Section
2.14 of the Ch.~rter of the City of Sanford, Florida, proper
procedures for adoption of an emergency ordinance were done
and performed and ~hat ~he above and forego. rng ordinance was
passed as an emergency ordinance by ~he City Commission
Witness my hand and the corporate seal of the City of
Sanford, Florida, this th~ay of April, A.D., 1976.
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. 1338, PASSED and ADOPTED by the
City Commission of the City of Sanford, Florida, on the 26th
day of April, 1976, was POSTED at the front door of the City
Hall in the City of Sanford, Florida, on the 27th day of April,
1976.
.~ C~ty of Sanford, Florida