10-81 ORDINANCE NO. 10-81
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 20, "PUBLIC EMPLOYEE
RELATIONS" OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, BY AMENDING SECTION 20-25, "REVIEW OF
COMMISSION RULES" TO LIMIT, IN ACCORDANCE WITH SECTIONS
447.603(4) AND 120.545, FLORIDA STATUTES, THE POWER OF
THE CITY COUNCIL TO REVIEW RULES PROMULGATED BY THE CITY
PUBLIC EMPLOYEES RELATIONS COMMISSION, AND TO PROVIDE THE
PROCEDURE TO BE FOLLOWED BY THE CITY COUNCIL AND THE CITY
PUBLIC EMPLOYEES RELATIONS COMMISSION IN THE EVENT OF AN
OBJECTION BY THE CITY COUNCIL TO A RULE PROMULGATED BY
THE CITY PUBLIC EMPLOYEES RELATIONS COMMISSION; PROVIDING
A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Florida in its 1980
Legislative session amended the Florida Statutes (ChaPter 447) relative to
the power of a local legislative body to review rules promulgated by the
local public employees relations commission; and,
WHEREAS, the State of Florida Public Employees Relations Commis-
sion did on January 15, 1981 in Case No. L0-81-002 order the City of
Delray Beach, Florida to amend its local option ordinance to conform with
the restrictions placed upon a local legislative body's power to review
rules promulgated by the local public employees relations commission as
set forth in Section 447.603, Florida Statutes (1979), as amended by
Chapter 80-214, Laws of Florida; and,
WHEREAS, such amendments must be submitted to the Public Em-
ployees Relations Commission for review and approval within sixty (60)
days from the date of their Order; and,
WHEREAS, the City Council of the City of Delray Beach, Florida,
in compliance with said Order of'the State of Florida Public Employees
Relations Commission dated January 15, 1981 wishes to enact the following
amendments to its local option ordinance; and,
WHEREAS, the City Council of the City of Delray Beach, Florida,
deems it to be in the best interest of the residents and citizens of the
City of Delray Beach to make such amendments,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 20-25, "Review of Commission Rules", of
the Code of Ordinances of the City of Delray Beach, Florida, is hereby
amended to read as follows:
(A) The legislative body of the public employer
in accordance with Sections 447.603(4) and 120.545,
Florida Statutes, shall examine each rule proposed pursu-
ant to this chapter by the commission except for emergency
rules adopted pursuant tO section.120.54(~), Florida Sta'
tutes, together with its accompanying material, and may
examine any existing rule, for the purpose of determining
whether:
(1) The rule is within the statutory authority upon
which it is based;
(2) The statutory authority for the rule has been
repealed;
(3) The rule reiterates or paraphrases statutory
material;
(4) The rule is in proper form; and,
(5) The notice ~iven..prior to its adoption was suffi-
cient to give adequate notice of the purpose and effect
of the rule.
If the legislative body objects to a proposed or existing
rule~ it shall, within 5 days of the objection, certify that
fact to the commission and include with the certification a
statement detailing its objections with pgrticularity.
(B) Within 30 days of receipt of.th~...objection the commis-
sion shall:
(1) If the rule is a proposed rule:
(a) Modify the rule to meet the objection of the
legislative body;
(b) Withdraw th9 r~!e in its entiretY; or,
(c) Refuse to modify or withdraw the rule.
(2) If the rule is an existing rule:
(a) Notify. the.legislative body that it has elected to
amend the ~ule to meet the legislative body's objection
and initiate the amendment procedure;
(b) .Notify the legislative body that it has elected to
repeal the rule and initiate the repeal procedure; or,
(c) Notify the legislative body that it refuses to
amend or repeal the rule.
(C) If the commission elects to modify a proposed rule to
meet the objection of the legislative body, it shall make
only such modifications as'are necessary to meet the objec-
tion and shall resubmit the rule to the legislative body.
The commission shall give notice of its election to modify a
proposed rule to meet the objection of the legislative body
by publication in the first available issue of a newspaper
of ~eneral circulation in the affected area, but shall not
be required to conduct a public hearing. If the commission
elects to amend an existing rule to meet the objection of
the legislative body, it shall notify the legislative body
in writing and shall initiate the amendment procedure by
~iving notice in the next available issue of a newspaper of
~.eneral circulation in the affected area. The legislative
body shall give priority to rules so modified or amended
when ~etting its agenda.
(D) If the commission elects to withdraw a proposed rule as
a result of an objection by the leqislative body, it shall
notify the leqislative body, in writing, of its election and
shall ~ive notice of the withdrawal in the next available
issue of a newspaper of ~eneral circulation in the affected
area. The rule shall be withdrawn without a public hearinq,
effective upon publication of the notice in the newspaper.
If the commission elects to repeal an existing rule as a
result of an objection by the legislative body, it shall
notify the legislative body, in writing~ of its election and
shall initiate rulemaking p~ocedures for that purpose by
giving notice in the next available issue of a newspaper of
general circulation in the affected area.
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(E) If the commission elects to amend or repeal an existinq
rule as a result of an objection by the legislative body, it
shall complete the process within 90 days after giving no-
tice in the newspaper.
(F) Failure of the commission to respond to an objection of
the legislative body to a proposed rule within the time pre-
scribed in subsection (B) shall constitute withdrawal of the
rule in its entirety.
(G) Failure of the commission to respond to an objection of
the legislative body to an existing rule within the time
prescribed in subsection (B) shall constitute a refusal to
repeal the rule.
(H) If the legislative body objects to a proposed or exist-
in~ rule and the commission refuses to modify, amend, with-
draw or repeal the rule, the legislative body shall fil~
with the State Public Employees Relations Commission a no-
tice of the objection, detailing with particularity its
objection to the rule.
(I) All rules, including all amendments, additions or dele-
tions of rules adopted by the commission, shall have full
force and effect upon their approval by the State Public
Employees Relations Commission.
Section 2. That should any section or provision of this ordi-
nance 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 3. That this ordinance shall become effective after it
has been passed on Second and FINAL Reading by the City Council of the
City of Delray Beach, Florida, and has been reviewed and approved by the
State Public Employees Relations Commission.
PASSED AND ADOPTED in regular session on second and final reading
on this the 10th day of March , 1981.
MAYOR
LEON M. WEEKES
ATTEST:
City Clerk
First Reading February 24, 1981
Second Reading March 10, 1981
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