04-78 ORDINANCE NO. 4-78
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, AMENDING ORDINANCE NO. 74-77 BY
MAKING CERTAIN DELETIONS IN THE CAPTION OF SAID
ORDINANCE, AMENDING THE DEFINITION OF MANAGERIAL
EMPLOYEES, AMENDING THE SECTION OF PREEXISTING
STATE CERTIFICATIONS PROVIDING ACCEPTANCE BY THE
DELRAY BEACH COMMISSION OF SUCH CERTIFICATIONS
AS IF ISSUED BY THE DELRAY BEACH COMMISSION AND
ADDING A SECTION 13A-31 PROHIBITING AMENDMENTS
UNLESS SUBMITTED TO AND APPROVED BY THE FLORIDA
PUBLIC EMPLOYEES RELATIONS COMMISSION; PROVIDING
A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Caption of Ordinance No. 74-77 is hereby
amended to read as follows:
AN ORDINANCE PURSUANT TO
~66-SP-~H~-~ASR~BA-S~A~8?-ANB CHAPTER 447.603
FLORIDA STATUTES, RELATING TO LABOR, IMPLEMENTING
SECTION 6 OF ARTICLE I OF THE CONSTITUTION OF THE
STATE OF FLORIDA; BY ADOPTING AN AMENDED PUBLIC
EMPLOYEE RELATIONS ORDINANCE; PROVIDING RIGHT TO
MUNICIPAL EMPLOYEES TO ORGANIZE AND BARGAIN
COLLECTIVELY AS TO TERMS AND CONDITIONS OF
EMPLOYMENT; EXPRESSING A STATEMENT OF POLICY,
DEFINING COMMISSION, PUBLIC EMPLOYER OR EMPLOYER,
PUBLIC EMPLOYEE, MANAGERIAL EMPLOYEES, CONFIDENTIAL
EMPLOYEES, STRIKE, STRIKE FUNDS, BARGAINING UNIT,
CHIEF EXECUTIVE OFFICER FOR THE PUBLIC EMPLOYER,
LEGISLATIVE BODY, EMPLOYEE ORGANIZATION OR ORGANI-
ZATION, BARGAINING AGENT, PROFESSIONAL EMPLOYEE,
COLLECTIVE BARGAINING, MEMBERSHIP DUES DEDUCTION,
CIVIL SERVICE, GOOD FAITH BARGAINING; PROVIDING A
METHOD OF BARGAINING PROCEDURE; CREATING AND
PROVIDING ADMINISTRATION BY THE DELRAY BEACH PUBLIC
EMPLOYEES RELATIONS COMMISSION AND STATING ITS
POWERS AND DUTIES; PROVIDING FOR CITY COUNCIL
REVIEW OF COMMISSION RULES; DEFINING RIGHTS OF
PUBLIC EMPLOYEES AND EMPLOYERS; EXCLUDING RETIRE-
MENT FROM COLLECTIVE BARGAINING; PROVIDING PAYROLL
DUES DEDUCTION AND TIME THEREOF; PROVIDING RULES
AND PROCEDURES FOR REGISTRATION, RECOGNITION AND
CERTIFICATION OF EMPLOYEE ORGANIZATIONS AND
BARGAINING AGENTS AND INTERVENTION BY 10 PERCENT
SHOWING OF EMPLOYEES IN A PROPOSED UNIT; PROVIDING
FOR PAYMENT OF FEES AND EXPENSES IN COLLECTIVE
BARGAINING PROCESS AND PROVIDING FOR AN ANNUAL
FINANCIAL REPORT AND FEE FROM EMPLOYEE ORGANIZATIONS;
PROVIDING FOR COST OF ELECTIONS; PROVIDING FOR
RATIFICATION OF AGREEMENTS; PROVIDING GRIEVANCE
PROCEDURES AND ELIMINATING MANDATORY GRIEVANCE
PROCESSING; PROVIDING PROCEDURES FOR RESOLUTIONS
OF IMPASSE AND ELIMINATING AUTOMATIC IMPASSE
PROCEDURES; PROVIDING FACTORS TO BE CONSIDERED BY
SPECIAL MASTER AND CLARIFYING SPECIAL MASTER
PROCEDURES; PROVIDING FOR COMPENSATION AND EXPENSES
OF M~EDIATOR AND SPECIAL ~kASTER; PROVIDING FOR
NOTICE AND AVAILABILITY OF RECORDS; ESTABLISHING
UNFAIR LABOR PRACTICES BY EMPLOYERS AND EMPLOYEE
ORGAINZATIONS; PROVIDING PROCEDURES TO RESOLVE
UNLAWFUL ACTIONS AND PRACTICES AND CHANGING
APPEAL PROCEDURES FOR UNFAIR LABOR PRACTICES;
ESTABLISHING PENALTIES AND REMEDIES; PROVIDING
INJUNCTIVE RELIEF; PROVIDING FOR AWARDING COST
OF LITIGATION AND REASONABLE ATTORNEY FEES IN
UNFAIR LABOR PRACTICE CHARGES; CLARIFYING THE
APPLICATION OF SUNSHINE PROVISIONS; PROVIDING
EFFECT ON MERIT AND CIVIL SERVICE SYSTEMS AND
STATE AND LOCAL CONTROL OF SAME; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONTINUED EFFECTIVENESS
OF EXISTING AGREEMENTS; PROVIDING AN EFFECTIVE DATE.
Section 2. That Section 13A-2(4) be amended to read as follows:
(4) Managerial employees are those employees generally
having authority in the interest of the public
employer who:
(a) Perform jobs that are not of a routine, clerical
or ministerial nature and require the exercise
of independent judgment in the performance
of such jobs, and one or more of the following:
1. Formulate or assist in formulating
policies which ~s are applicable
~he to bargaining unit employees, or
2. May reasonably be required on behalf of the
employer to assist ~ee~M in the preparation
for and conduct of collective bargaining
negotiations, or
3. Have a role in the administration of
agreements resulting therefrom, or
4. Have a significant role in personnel
administration, or
5. Have a significant role in employee
relations, or
6. Have a significant role in the preparation
and administration of budgets for any public
agency or institution or subdivision thereof.
(b) Serve as police chiefs, fire chief, or directors
of public safety of any police, fire, or public
safety department. Other police officers, as
defined in f.s. 943.10(1) and firefighters as
defined in f.s. 633.30(1) may be determined by
the commission to be managerial employees of such
departments. In making such determinations,
the commission shall consider, in addition to the
criteria established in (a) the paramilitary
organizational structure of the department involved.
Provided, however, that in determining whether an individual is
a managerial employee pursuant to either (a) or (b) above, the
commission sha~ may consider the historic relationship of the
employee to the public employer and to coemployees.
- 2 - Ord. No. 4-78
Section 3. That Section 13A-29 be amended to read as follows:
Section 13A-29. Preexisting state public employees
relations commission certifications.
If an employee organization registers with the
Delray Beach Public Employees Relations Commission pursuant
to Section 13A-8 of this chapter, then the Delray Beach
Public Employees Relations Commission shall accept
sha~-~s~e~ any certification issued by the state
public employees relations commission as to such employee
organization, ~-Be-~m-~-~e-~m~-e~e~-~-m~-
~ess-~ha~-e~e-~ea~-~m-~a~e-~-~e~~a~-~-~he-
s~e-p~B~e-emp~yees-~e~a~ns-~mm~ss~ as if such
certification had been issued by the Delray Beach Public
Employees Relations Commission ~ursuant to Sec. 13A-9 of
this ordinance.
Section 4. That Section 13A-31 is hereby enacted to read as
follows:
Section 13A-31. Amendments.
No amendment of this ordinance or Ordinance
No. 74-77 shall become effective unless and until
such amendment is submitted to and approved by the
State Public Employees Relations Commission.
Section 5. 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 6. That this ordinance shall become effective after it
has been passed on second and final reading by the Delray Beach City
Council 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 27th day of February , 1978.
ATTEST:
City Clerk
First Reading February 13, 1978
Second Reading February 27, 1978
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