66-80 ORDINANCE NO. 66-80
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 AMEN-
DING SECTION 20-3, "COMMISSION CREATED; COMPOSI-
TION;. QUALIFICATIONS, TERM, COMPENSATION; FILLING
OF VACANCIES; QUORUM; CHAIRMAN GENERALLY;
FISCAL NEEDS" TO PROVIDE FOR THE COMPOSITION OF
THE LOCAL COMMISSION; AMENDING SECTION 20-12,
"RESOLUTION OF IMPASSES" TO CLARIFY CERTAIN PRO-
VISIONS AND TO PROVIDE FOR WRITTEN AGREEMENTS
CONCERNING DISPUTED IMPASSE ISSUES AND TO PRO-
VIDE FOR THE PROCEDURES FOR THE RATIFICATION OF
SUCH AGREEMENT; AMENDING SECTION 20-21 TO PROV-
IDE FOR THE EFFECTIVENESS OF ORDINANCE NO. 66-80;
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 ~#7) relative to collective bargaining by
public employees and to the Public Employees Relations Commission; and,
WHEREAS, the State of Florida Public Relations Commission did on
October 3, 1980, in Order No. 80L-217, order the City of Delray Beach, Florida, and other
cities having local option ordinances in effect to amend those ordinances to remain
substantially equivalent to Chapter ~#7, as amended._by Chapters 80-367 and 80-21% Laws
oi Florida; and,
WHEREAS, such amendments must be submitted to the Public Employees
Relations Commission for review and approval within sixty (60) days ~rom the date
their Order; and
WHEREAS, the City Council oi the City of Delray Beach, Florida, in
compliance with said Order of the State o[ Florida Public Employees Relations Commis-
sion dated October 3, 1980, wishes to enact the following amendments to its local option
ordinance; and,
WHEREAS, the City Council o~ 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 20-3(a), "Commission Created; Composition; Quali-
fications, Term, Compensation; Filling of Vacancies; Quorum; Chairman Generally; Fiscal
Needs", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby
amended to read as follows:
(a) There is hereby created and established the public employees
relations commission, hereinafter referred to as the "commission." The
commission shall be composed of three (3) members and one (1) alternate to
be appointed by the city council.
-or- ~ emt~tosu~e ~r-gxa~.i~at!o~ a~ ~ef4~ed-~ t-h~s
Members of the local commission established pursuant to this section shall
be appointed so that the composition of the local commission is as follows:
one appointee who is a person who, on account of previous vocation,
employment~ or aililiation~ is or has been~ classified as representative
employersl one appointee who is a person who, on account of previous
vocation~ employment, or affiliation~ is~ or has been, classified as repr-
esentative of em.oloyees or employee or. ganizations~ and all other
appointees~ including alternates~ shall be persons who on account of previous
vocation, employment~ or affiliation~ are not or have not been classified as
representative of employers or of employees or employee organizations.
The city council shall designate one (1) member as chairman.
~~ m~ ~-~ y~ The chairman and aH members oJ the
local commission shall be appointed ~or ~-~ear staggered terms. Neither the
chairman nor ~ny member shall be employed by~ or hold any commission
with~ any ~overnmental unit in the state or any employee organization while
servin~ in such o~ice. A vacancy ~or the unexpired term o~ a member shall
be ~illed in the same manner as herein provided ~or an original appointment.
The presence o~ three (3) members shall constitute a quorum o~ any called
meeting o~ the commission. The commission in the performance o~ its
duties and powers under this chapter shall not be subject to the control~
supervision or direction by the city manager or city council.
Section 2. That Section 20-12, 'Resolution o~ Impasses" o~ the Code
oJ Ordinances o~ the City o~ Delray Beach~ Florida~ is hereby amended to read as ~oJlows:
(Al H~ a~ter a reportable period o~ negotiation concerning the terms
and conditions o~ employment to be incorporated in a collective bargaining
agreement, a dispute exists between a public employer and a bargaining
agent~ an impasse shall be deemed to have occurred when one o~ the parties
so declares in writing to the other party and to the commission. Where an
impasse occurs~ the public employer, or the bargaining agent~ or both parties
acting jointly, may appoint or secure the appointment o~ a mediator to
assist in the resolution o~ the impasse.
(B) H no mediator is appointed~ or upon the request o~ either
the commission shall:
(1) Appoint a special master and submit all unresolved issues to
a special master acceptable to both parties. H the parties are unable
to agree on the appointment o~ a special master~ the commission
shah appoint, in its discretion~ a qualified special master. Provided
that nothing in this section shaU preclude the parties from using the
services o~ a mediator at ~ny time during the conduct o~ collective
bargaining.
(2) The special master shaQ hold hearings in order to de~ine
the area or areas o~ dispute~ to determine ~cts relating to the
dispute~ and to render a decision on any and al1 unresolved contract
issues. The he,rings shaU be held ~t times, dats and places to be
established by the special master in accordance with rules promul-
gated by the commission. The special master shall be empowered to
administer oaths and issue subpoenas on behal~ o~ the parties to the
dispute or on his own behalf. Within ~i~teen (]~) calendar days a~ter
the close o~ the ~inaJ hearing~ the special master shall transmit his
recommended decision to the commission and ~ ~
~~ to the representatives o~ both p~rties~ by registered mail~
return receipt requested. Such recommended decision shall be
discussed by the parties and each speci~l m~ster recommendation
shaU be deemed approved by both parties unless specifically rejected
by either party by written notice~ ~iled with the commission within
20 calendar days a~ter the date the ~ss~ ~ party
received the special master's recommended decision Z~
~ts ~ ~~ ~~. The written notice shall include
~ statement o~ the c~use ~or e~ch rejection ~nd shall be served upon
the other p~rty.
(3) ]n the event that either the public employer or the
employee organization does not accept~ in whole or in p~rt, the
recommended decision o~ the special master:
(al The chie~ executive o~Jicer o~ the governmental entity
involved sh~11, within ten (10) days a~ter rejection o~ a recommen-
dation ~ F~~~ ~~ o~ the special m~ster, submit to
the legislative body o~ the governmental entity invo/ved a copy oJ the
findin§s of fact and recommended decision of the special master,
to§ether with the chief executive officer's recommendations for
settling the disputed impasse issues ~Ii~i~e~-. The chief executive
officer shall also transmit his recommendations to the employee
organization.
(b) The employee organization shall submit its recommenda-
tions for settling the disputed impasse issues ~- to such legisla-
tive body and to the chief executive officer.
(c) The legislative body or a duly authorized committee
thereof shall forthwith conduct a public hearing at which the parties
shall be required to explain their positions with respect to the
rejected recommendations Fe~-~m~eP~ ~-i~ of the special
master.
(dj 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, to resolve all disputed impasse issues.
(e) Followin~ the resolution of the disputed impasse issues by
the let~islative body~ the parties shall reduce to writint~ an agreement
which includes those issues aE~reed to by the parties and those
disputed impasse issues resolved by the legislative body action taken
pursuant to paragraph (dj. The asreement shall be si~n~d by the chief
executive officer.and the bar~ainin~ anent and shall be submitted to
the public employer and to the public employees who are members of
the bar~ainin~ unit for ratification. If such a~reement is not ratified
by all partiesr pursuant to the provisions of Section 20-10r the
lel~islative body action taken pursuant to the provisions of paragraph
(d)shall take effect as of the date of such legislative body action for
the remainder of the first fiscal year which was the subiect of
nel~otiationsl however~ the legislative body action shall not take
effect with respect to those disputed impasse issues which establish
the language of contractual provisions which could have no effect in
the absence of a ratified a~reement~ includin~ but not limited to~
preambles~ recognition clauses~ and duration clauses.
Section 3. That Section 20-28, "Amendments", of the Code of
Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows:
No amendment of this chapter or
t~ 77 :~;z~_ Ordinance No. 66-80 shall become effective unless and until such
amendment is submitted to and approved by the state public employees
relations commission.
Section 3. 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 4. That this ordinance shall become effective after it has
been passed on second and FINAL Readin§ 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 25th day of November ., 1980.
M A Y 0 R
ATTEST: LEON M. WEEKES
~.~ }ty Clerk
First Reading. November 10, 1980
Second Reading November 25~ 1980
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Ord. No. 66-80