05-96 ORDINANCE NO. 5-96
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE
POLICIES AND BENEFITS", SUBHEADING "PUBLIC EMPLOYEE
RELATIONS", SECTION 35.037, "COLLECTIVE BARGAINING;
APPROVAL OR REJECTION", OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING
SUBSECTION 35.037(B) AND BY CREATING A NEW SUBSECTION
35.0425, "FINANCIAL URGENCY", TO CONFORM THE CITY'S
ORDINANCES TO STATE LAW; PROVIDING THAT IN THE EVENT
A FINANCIAL URGENCY REQUIRES MODIFICATION OF A
COLLECTIVE BARGAINING AGREEMENT THAT THE IMPACT BE
NEGOTIATED, AND THAT CERTAIN PROCEDURES BE FOLLOWED;
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Florida enacted
Chapter 95-218, which was effective July 1, 1995; and
WHEREAS, the City has received an order from the State of
Florida Public Employees Relations Commission directing the City to
amend its local option ordinance to amend its law and include the
newly created provision; and
WHEREAS, the City Commission has established a local Public
Employees Relations Commission, known as the "mini-PERC", which is
required to abide by state law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 35, "Employee Policies and
Benefits", subheading "Public Employee Relations", Section 35.037,
"Collective Bargaining; Approval or Rejection", Subsection 35.037(B),
of the Code of Ordinances of the City of Delray Beach be, and the same
is hereby amended to read as follows:
(B) Upon execution of the collective bargaining agreement,
the chief executive shall, in his annual budget request, or by other
appropriate means, request the legislative body to appropriate those
amounts as shall be sufficient to fund the provisions of the
collective bargaining agreement. ~/~/~/~/~¢~/~~/~
Section 2. That Chapter 35, "Employee Policies and
Benefits", subheading "Public Employee Relations", of the Code of
Ordinances of the City of Delray Beach be, and the same is hereby
amended by enacting a new Section 35.0425, "Financial Urgency", to
read as follows:
Section 35.0425 Financial Urqency.
In th$ svsDt of a financial urgency requiring modification
of an agr$$ment, the chief executive officer or his representative and
the bargaining agent or its representative shall meet as soon as
possible to negotiate the impact of the financial urgency. If after a
r$~sonable period of negotiation which shall not exceed fourteen (14)
days, a dispute exists between the public employer and the bargaining
ag$~t, a~ impasse shall be deemed to have occurred and one of the
parties shall so declare in writing to the other party and to the
commission. The parties shall then proceed to the provisions of
$$¢~&on 3~,059, "Resolution of Impasses". An unfair labor practice
charqe sh~ll nQ~ ~ ~i~9~ during th9 fourteen (14~ days during which
neqQ~ations are occurring pursuant to this section.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section .~. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 23rd day of January, 1996.
ATTEST:
~ City ~lerk
First Reading January 9, 1996
Second Reading January 23, 1996
- 2 - Ord. No. 5-96
[lTV I:IF i]ELRI:I¥ BERgH
CITY ATTORNEY'S OFFICE :'""
}..\C'SI?,!H }-i ;~'7 2'7'3 4755
Writer's Direct Line: (40/) 243-7091
DELRAY BEACH
F L O r I D A
~ M~MORANDUM
Ail. America ¢it¥
1993
TO: City Commission
David Harden, City Manager
FROM: Susan A. Ruby, City Attorney
SUBJECT: Ordinance Amending the City's Code Relating to Funding of Collective
Bargaining Agreements
The State passed legislation this year which amends certain provisions of State law
governing labor organizations and the funding of collective bargaining agreements. The
State Public Employee Relations Commission (PERC) has issued an order requiring that
the City amend its ordinances to bring its ordinance into compliance with state law. The
City's "mini-PERC" is charged with complying with state law.
Attached please find the ordinance, the State PERC order and a copy of the recently
enacted state law. The order from State PERC requires compliance within sixty (60)
days of its order. Thus, our office requests that the attached ordinance be placed on the
January 9, 1996 and January 23, 1996 City Commission agendas, for first and second
readings respectively.
Please call if you have any questions.
Attachment
cc: Alison MacGregor Harty, City Clerk
Jeff Pheterson, Esq.
Anita Barba, Executive Assistant, City Clerk
Ned Gusty, Director of Human Resources
fundord.~ar P/~"~) /~''''/e~'/g)/~q ~ '~//~{~ //~/~6
P~~ ~1~,~/ ~/~9 - ~-o ,/~1~
Io. ~1
Pr/nted on Recycled Paper
ORDINANCE NO. 5- 9 6
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAP'rER 35, "EMPLOYEE
POLICIES AND BENEFITS", SUBHEADING "PUBLIC EMPLOYEE
RELATIONS", SECTION 35.037, "COLLECTIVE BARGAINING;
APPROVAL OR REJECTION" OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION
35.037(B) AND BY CREATING A NEW SUBSECTION 35.0425,
"FINANCIAL URGENCY", TO CONFORM THE CITY'S ORDINANCES
TO STATE LAW, PROVIDING THAT IN THE EVENT A FINANCIAL
URGENCY REQUIRES MODn~CATION OF A COLLECTIVE
BARGAINING AGREEMENT THAT THE IMPACT BE NEGOTIATED,
AND THAT CERTAIN PROCEDURES BE FOLLOWED; PRO.rIDING A
GENERAL REPEALER CLAUSE;' A SAVING CLAUSE AND AN
EFFECTIVE DATE.;
WHEREAS, the legislature of the State of Florida enacted Chapter 95-218, which was
effective July 1, 1996;
WHEREAS, the City has received an order from the State of Florida Public Employees
Relations Commission directing the City to amend its local option ordinance to amend its law
and include the newly created provision; and,
WHEREAS, the City Commission has established a local public relations commission,
known as the "rnini-PERC", which is required to abide by state law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
~. That Chapter 35, "Employee Policies and Benefits", subheading,
"Public Employee Relations", Section 35.037, "Collective Bargaining; Approval or
Rejection" by amending subsection 35.037(B) of the Code of Ordinances of the City of Dekay
Beach to read as follows:
(B) Upon execution of the collective bargaining agreement, the chief executive
shall, in his annual budget request, or by other appropriate means, request the legislative body
to appropriate those amounts as shall be sufficient to fund the provisions of the collective
bargaining agreement
~. That Chapter 35, "Employee Policies and Benefits", subheading,
"Public Employee Relations", of the Code of Ordinances of the City of Delray Beach is
hereby amended by enacting a new Section 35.0425, "Financial Urgency", to read as follows:
35,0425. Financial Urgency
In the event of a financial urgency requiring modification of an agreement, the chief
executive officer or his representative and the bargaining agent or its representative shall meet
as soon as possible to negotiate the impact of the financial urgency. If after a reasonable
period of negotiation which shall not exceed fourteen (14~ days. a dispute exists between the
public employer and the bargaining agent, an impasse shall be deemed to have occurred and
one of the parties shall so declare in writing t'o the other party_ and to the commission. The
parties shall then proceed to the provisions of the Section 35.039. "Resolution of Impasses",
An unfair labor practice charge shall not be filed during the fourteen (14] days during which
negotiations are occurring pursuant to this section.
~. That all ordinances or parts of ordinances in conflict herewith be and the
same are hereby repealed.
~ That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to
be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part
thereof other than the part declared to be invalid.
Section_5. That this ordinance shall become effective immediately upon its passage
on second and final reading. ..
PASSED AND ADOPTED in regular session on second and f'mal reading on this the
2 3rd day of January 1996.
,~T~ST:
City Clerk ~'' -
First Reading January 9, 1996
Second Reading January 23,,t ,,,1996
perc.ord
2 ORD. NO. 5-96
STATE OF FLORIDA
'" PUBLIC F PLOYEES RE TIONS COMMISSmON ::' NOV 2 9 1995
IN RE :
:
CITY OF DELRAY BEACH LOCAL :
OPTION ORDIN.~CE. :
:
: Case No. LO-95-008
:
: ORDER DIRECTING RESPONSE
:
:
:
Susan Ruby, Delray, attorney for City of Delray Beach.
The Florida Public Employees Relations Commission (Commis-
sion) has a continuing responsibility under Section 447.603,
Florida Statutes, to ensure that local option ordinances
encompass substantially equivalent rights and procedures as those
set forth in Chapter 447, Part II, Florida Statutes. A public
employer operating pursuant to a local option ordinance has a
concomitant responsibility to ensure that the ordinance grants to
its public employees substantially equivalent rights and proce-
dures as set forth in Chapter 447, Part II. See City of
Pensacola v. Florida PERC, 358 So.2d 589 (Fla. 1st DCA 1978).
Consequently, the Commission periodically reviews local option
ordinances for substantial equivalency to Chapter 447, Part II.
The 1995 Florida Legislature amended Chapter 447, Part II,
to include the following provision regarding the modification of
collective bargaining agreements due to financial urgency:
In the event of a financial urgency requiring
modification of an agreement, the chief
executive officer or his representative and
the bargaining agent or its representative
shall meet as soon as possible to negotiate
the impact of the financial urgency. If
L0-95-008
after a reasonable period of negotiation
which shall not exceed 14 days, a dispute
exists between the public employer and the
bargaining agent, an impasse shall be deemed
to have occurred and one of the parties shall
so declare in writing to the other party and
to the commission. The parties shall then
proceed pursuant to the provisions of
s. 447.403. An unfair labor practice charge
shall not be filed during the 14 days during
which negotiations are occurring pursuant to
this section.
S 447.4095, Fla. Stat. (1995).
Accordingly, the Commission DIRECTS the City of'.Delray Beach
to amend its local option ordinance to incorporate such a provi-
sion. The City shall have sixty days from the date of this order
to submit the amendment as outlined above. § 447.603(3), Fla.
Stat. (1993).
It is so ordered.
HORNE, Chairman, and ANTHONY, Commissioner, concur.
I HEREBY CERTIFY that this~cument_lwas, filed and a copy
served on each party on .'--y~/~//~")/.~./~/ , , 19~5.,
i" ' ;'z,~ .
/'~BY: ,,
//¢' ~,// , /~,': C~,er~ /
'1/' ' !' 43#:
2
Ch. 95-217, § 2 1905 REa~ SESStON
(d) An exemption that is created or revived and reenacted must con~,%in uniform languag~
!'[ that clearly states the section in the Florida Statutes from which it is exempt, s. 119.07(I) or
s. 236.011. The uniform language must also provide for the maximum public access to the
meetings and records as is consistent with the purpose of the axemprion. An exemption that
is created or substantially amended must state that the exemption is repealed at the end of 5
· - years and that the e~xemption must be reviewed by the Leg/slature before the scheduled date
;~' of repeal.
;, ":.~. (e) Notsvithst~nding s. 76828 or any other law, neither the state or its political subdivisions
" nor any other public body shall be made party to any suit in any court or incur any liability
for the repeal or revival and reenacm~ent of an exemption under this section. The failure of
,.. the Legislature to comply s~ctly with this section does not inval/dam an otherwise valid
~ reenactmena . '. :'.
:~. Section 3. Section 286.0111, Florida Statutes, is amended to read:
286.0111. Legislative review of certain exemptions from requ/rements for public meet-
ings and recordkeeping by governmental entities
The provisions of s. 119.15 m-149A4, the Open Government Sunset Review Act of 199~.,
apply to the provisions of law which provide exemptions to .s. 286.011,'.as provided/n s. 119.1.___.~
Section 4. Notwithstanding any provision of 1aw to the contrary, exemptions from chapter
119, Florida Statutes, or chapter 236, Florida Statutes, which are prescribed by law and are
specifically made subject to the Open GOvernment Sunset Review Ac~ in accordance with
section 119.14, Florida-Statutes, are not subject to review under that ac~, and are not
abrogated by the operation of that' act, after October 1, I995..
Section 5. This act shall take effect October 1, 1995.
Bec~ne a law without the Governor's.~pproval June 9, 1995.
Filed in Office Secretary' of State June 8, 1995.
.... .:. STATE ..
! AGREEMENTS-FUNDING .. .....
,.. : .. chapter. 9~-218 ,.. ,... ..:
S.B. No. 888
An act relating to collective bm-gaining, mending s. 447~09, '~4 revising lan~mge with respect
to funding the provisions of a coilectiv, bargaining a~reement by.the Flor/da Leghiatur~,
creating s. 447.409~, F~4 providing for negotiating the imp~t of a financial urgency;,
providing 3n e~ecfive dat~
~ect~on 1. ~ubsection .(2)..o~ se~ion 4~?,~09,. Florida ~tamtes,. is amended ~o ~e~:
447.~09. ' CollectiVe bargninin~ approval or rejection '
(2)(a)Upon execution of the conecUve barga/ning agreement, the ch/ef executive shall, in
his a~ual budge~ reques~ or by. other appropriate means, request the legislative body
appropriate .sueh~am.ounts as shall be saffie/ent to. fund. the. prov~ons of the collective
bargaining .agree. ment.:- . .. '. :i-~. ~-: .'.~::
(b) If the's/ate ~ a ' "tn a co~ective b '' ement in which less tha~'the
re~-d~sted amount is appropriated b the Le' iamre, the .co .Ilea/ye bargaining agreement
shali be admiuisterec[ ' on the basis 0/the amounts appropriated
by the Le~ture ~.. The fa~ure of the ~ ~ ,to
appropria~--s~fficfent to fund the 'eolle~ve bgxgaln/ng agre~men~ ~ not constitute,
1995 REGULAR SESSION Ch. 95-219, § 1
or be evidence of, any unfair labor practice. All collective bar -- a ements entered
into by the state are sub'ect ~the au ro rial:ions owers of the Le.~larure, and the
provisions of this section shall not conflict with the exclusive authorit~ of the Le_.!gislature to
Section 2. Section 447.4095, Florida Statutes, is created to read:
447.4095. Financial urgency
In the event of a financial urgency requiring modification of an agreement, the chief
executive officer or his representative and the bargaining agent or its representative shall
meet as soon as possible to negotiate the impact of the financial urgency. If a.eter a
reasonable period of negotiation which shall not exceed 14 days, a dispute exists between the
public employer and the bargaining agent, an impasse shall be deemed to have occurred and
one of the parties shall so decla~ in writing to the other party and to the commission. The
parties shall then proceed pursuant to the provisions of s. 447.403. An unfair labor practice
charge shall not be filed during the 14 days during which negotiations are occurring pursuant
to this section.
Section 3. This ac~ shall ~ke effect ,luly 1, 1995.
Became a law without the Governor's approval June 9, 1995.
Filed in Office Secretx~-y of State June 8, 1995.
INSURANCE--UNF.M~R COMPETITION AND UNF~
OR DECEPTIVE ACT--CHURNING
Chapter 95--219
S.B. No. 906
An act relating to insurance; amending s. 626.9r~1, F~.; prohibiting the' practice of churning as an
ungah- method of competition and an mtfalr or deceptive act or practice; r~luiring inanrm, z to
adopt written pr~-eduros to avoid chumin~ of life insurance policies or ammity contracts;
· providing that failur~ to adopt such procedures com~titutes an unfair method of competition
and an unfair or deceptive act or practice; amending s. 62/.0916, F-~14 providin~ that pcemiums
paid for workers' compensation and employers' liability irLsurance for certain agricultural
horse farms to be applied proportionately according to payroll; providing an effective date.
Section 1. Paz-agraph (aa) is added to subsection (1) of section 626.9541, Florida' Statutes,
626.9541. Unfair methods of competition and unfair or deceptive acts or practices
defined
(1) UNFAIR i~ETHODS OF COM~PETITION AND UNFAIR OR DECEPTIVE
ACTS.--The following are defined as tmfair methods of competition and unfair or deceptive
acts or practices:
l~ues in an existin life 'mm!ran_ ce _Ii or
ann~ ~n~ inctudin but not limited to cas loan values, o~ in any
riders to that Ii or conCrac~ are ugiized to i~urchase another insurance li or annul
conWact with that same insurer for the ~se of earning, additional remiums fees
commissions, or other compensation: .
._~ Wi_~out an ob'ectivel reasonable bas~s~' for beli~e~in~lacement or extraction
will result in an actual and emonsla-able ~ ~' ~ ~
Add#lOnl :,m I.~'I~1 !~ Ul.ledl~; ~lsll~l I~ ~ 1535