03-89 ¢~RDINANCE NO. 3-$9
~ ORDINANCE OF -~"~E C!%~f ~OMMISSION OF ~ CI~f OF
DELRAY BEACH, FLORIDA, A~IENDING TITLE iii, "ADMINIS-
TP~ATION", OF ~"~H.E CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY AMENDING CHAPT~ 35,
"EMPLOYEE POLICIES A~D BENEFITS", SECTION 35.034(B),
"PUBLIC EMPLOYEES' RIGHTS; ORGANIZATION AND REPRE-
SENTATION'', TO PROVIDE FOR TF_E EXCLUSION OF kNY
PROVISIONS OF THE FLORIDA STATUTES OR APPROPRIATE
ORDINANCES RELATING TO RETIREMENT; BY AMENDING
SECTION 35.034, "PUBLIC EMPLOYEES' RIGHTS; ORGANIZA-
TiON A~ND REPRESENTATION", BY ENACTING A NEW SUBSEC-
TION (E) TO ESTABLISH REPRESENTATION FOR AN EMPLOYER
OR A MF~MBER OF A BARGAINING UNIT; BY .~MENDING
SECTION 35. 036 (A) (4) , "EMPLOYEE ORGANIZATION;
REGISTRATION AND CERTIFICATION", TO PROVIDE THAT
NOTIFICATION SHALL BE FURNISHED TO THE DIVISION OF
r~kBOR, .~-MPLOYMENT AND TRAINING OF THE DEPARTMENT OF
LABOR AND EMPLOYMENT SECURITY;'-BY ~ENDING SECTION
35.0~7 ( E), "COLLECTIVE BARGAINING; APPROVAL OR
REJECTION", TO PROVIDE FOR ?HE EXCLUSION OF ANY
PROVISIONS OF THE FLORIDA STATUTES OF APPROPRIATE
ORDINANCES RELATING TO RETIREMENT; BY AMENDING
SECTION 35.039(B)(1), "RESOLUTION OF IMPASSES", TO
ENACT A NEW SUBSECTION (a) TO PROVIDE THAT THE
PARTIES MAY PROCEED DIRECTLY TO RESOLUTION OF
IMPASSE BY THE LEGISLATIVE BODY 'WHEN THE PARTIES
AGREE TO WAIVE THE APPOINTMENT OF A SPECIAL MASTER;
__ "COLLECTIVE BARGAINING
~v AM3_NDING SECTION 35.051,
NEGOTIATION ACCORDING TO STATE LAW" TO ENACT A NEW
·
SUBSECTION (D) TO PROVIDE THAT A~Vf HEARING OR ORAL
ARGUMENT HEARD BY THE COMMISSION PURSUANT TO THE
CODE OF ORDINANCES SHALL BE OPEN TO THE P[~LIC; BY
ENACTING A NEW SECTION 35.0545, "NOT GROL%FDS FOR
RECALL", TO PROVIDE THAT ANY VIOLATION OF THIS
CHAPTER SHALL NOT SUBJECT ANY PERSON TO MUNICIPAL
RECALL NOR BE CONSIDERED GROUNDS FOR MUNICIPAL
RECALL; PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
W~-~EREAS, the Public Employee Relations Commission has
ordered the City of Delray Beach, Florida, by Order dated December 8,'
i988 to make certain technical modifications ~o its Code of Ordi-
nances relating to public employee policies and organizations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, A~ FOLLOWS:
Section 1. That Title III, "Administration", Chapter 35,
"Employee Policies and Benefits", Section 35.034(B), "Public Em-
ployees' Rights; Organization and Representation", of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby, amended to read as follows:
(B) 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 the public employer in the determination of the ~erms and
conditions of their e~ployment.
~e%~emen~: ?~btic employees snali have the right to be repre-
sented in the determination of grievances on all terms and
conditions of their employment. Public employees shall have the
r~ght to refrain from exercising the right to be represented.
Section 2. That Title III, "Administration", Chapter 35,
"Employee Policies and Benefits", Section 35.034, "Public Employees'
Rights; Organization and Representation", of the Code of Ordinances
of the City of Delray Beach, Florida, be, and the same is hereby
a~r, ended, by enacting a new subsection IE) to read as follows:
(El Any full-time employee or officer of any public
employer or employee organization may represent his employer or
~ny member of a bargaining unit in any proceeding authorized in
this part, excluding the representation of any person or public
employer in a court of law by a person who is not a licensed
attorney.
Section 3. That Title iii, "Administration", Chapter 35,
"~mployee Policies and Benefits", Section 35.~36(A)(4), "Employee
Organization; Registration and Certification", of the Code of Ordi-
nances of the City of Delray Beach, Florida, be and the same is
hereby mmended to read as follows:
(4) Notification of registrations and renewals of
registration shall be ~urnished at regular intervals by the
Commission to the B~v~s~-~-Ba~-~-~he-Be~a~me~-~
A~b~-a~-Emp~eyme~-Se~~v Division of Labor, Employ-
ment and Training of the Department of Labor and Emplo_vment
Security.
.Section 4. That Title iii, "Administration", Chapter 35,
"Employee Policies and Benefits", Section 35.037(E), "Collective
Bargaining; Approval or Rejection", of the Code of Ordinances of the
City of Delray Beach, Florida, be, and the same is hereby amended to
read as follows:
(E) Any collective bargaining agreement shall not provide
for a term of existence of more than three years, and shall
contain all of the terms and conditions of employment of the
employees in the bargaining u.nit during such terms, except those
app~op~Ea~e-o~na~ee-re~a~kn~-~o-re~Eremen% -an~ in applicable
merit and civil service rules and regulations.
Section 5. That Title III, "Administration", Chapter 35,
~'Employee Policies and Benefits", Section 35.039(B)(1), "Resolution
of Impasses", of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby enacted by adding a new sub-sub-
section (a) to read as follows:
(a) Wl~en both parties agree in writing to waive the
appointment of a special master when an impasse in collective
bargaining ncgotiations occur, the parties may proceed directly
to resolution of the impasse by the legislative body.
.Section 6. That Title III, "Administration", Chapter 35,
"Employee Policies and Benefits", Section 35.051, "Collective
NO. 3-89
3argaining Negotiations According to State Law", of ~he Code of Ordi-
nances of the City of Delray Beach, Florida, be, and the same is
hereby, amended by enacting a new subsection (D) to read as follows:
(D) The deliberations of the commission in any proceeding
before it are exempt from the provisions of Chapter 286, Florida
Statutes. However, any hearing held or oral argument heard by
the commission pursuant to the Code of Ordinances shall be open
to the public. All draft orders developed in preparation for,
or preliminary to, the issuance of a final written order are
exempt ~rom the provisions of Chapter 119, Florida Statutes.
Section 7. That Title Iii, "Administration", Chapter 35,
"Employee Policies and Benefits", of the Code of Ordinances of the
City of Delray Beach, Florida, be, and the same is hereby, amended by
enacting a new Section 35.0545, "Not Grounds For Recall", to read as
follows:
Section 35.0545. Any violation of this Chapter
("Employee Policies and Benefits") shall not subject any person
to municipal recall and shall not be considered as grounds for
municipal recall
Section 8. That Title III, "Administration", Chapter 35,
"Employee Policies and Benefits", Section 35.034, "Public Employees'
Rights; Organization and Representation", Of the Code of Ordinances
of the City of Delray Beach, Florida, be, and the same is hereby
amended, by enacting a new subsection (E) to read as follows:
(E) .Any full-tLme employee or officer of any public
employer or employee organization may represent his employer or
any member of a bargaining unit in any proceeding authorized in
this part, excluding the representation of any person or public
employer in a court of law by a person who is not a licensed
attorney.
Section 9. That Title !II, "Administration", Chapter 35,
"~mployee Policies and Benefits", Section 35.036(A)(4), "Employee
Organization; Registration and Certification", of the Code of Ordi-
nances of the City of Delray Beach, Florida, be and the same is
hereby amended to read as follows:
(4) Notification of registrations and renewals of
registration shall be furnished at regular intervals by the
Commission to the B~v~s~-el -Ba~e~-~f-the-Bepa~me~
Babe~-a~-Em~eyme~-See~yr Division of Labor, Employ-
ment and Trainin~ of the Department of Labor and Employment
Security.
Section 10. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court o~ competent jurisdiction to be invalid, such
decision shall not effect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 11. That all ordinances or parts of ordinances
which are in conflict herewith are hereby repealed.
3
ORD NO. 3-89
Secticn 12. That this ordinance shall become effective
immediately upon its passage on second and final reading, but the
effectiveness shall be expressly s,~bject to the formal approval of
the PEP. C~ and that upon such approval, Section 35 of the Code of
Ordinances shall be amended to accurately reflect this ordinance
enactment.
PASSED ~ND ADOPTED in regular session on second and final
reading on this 24th day of January , 19 8~
MAYOR
ATTEST:
Cit¥~l~rk
First Reading January 10, 1989
Second Reading January 24, 1989
ORD NO. 3- 8 9