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19-76 ORDINANCE NO. 19-76 An Amendment to Ordinance No. 68-74 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 68-74 BY RE- PEALING ALL WHEREAS CLAUSES ON PAGES 1 AND 2 THEREOF, AMENDING SUBSECTION 9 OF SECTION 1.002 DEF-INING LEGIS- LATIVE BODY, AMENDING SUBSECTION 1 OF SECTION 1.003 BY CHANGING THE NUMBER OF COMMISSIONERS FROM THREE TO FIVE AND ESTABLISHING TERMS FOR THE MEMBERS OF THE COMMISSION, AMENDING SUBSECTION 1 OF SECTION 1.004 PROVIDING THAT THE COMMISSION SHALL APPLY THE EFFECTIVE RULES AND REGULATIONS OF THE STATE PUBLIC EMPLOYEES REI2%TIONS COMMISSION, RENUMBERING SUBSECTION 6 OF SECTION 1.008 TO SUBSECTION 7 AND ESTABLiSHiNG A NEW SUBSECTION 6 WHICH PROVIDES AN IN LIEU OF METHOD OF SATISFYING THE EMPLOYEE ORGANIZATION REGISTRATION REQUIREMENTS BY FURNISHING DOCUMENTATION FROM THE STATE PERC, BY AMENDING SUBSECTION 4 OF SECTION 1.019 BY DELETING THE REFERENCES TO THE NO-STRIKE PROVISION OF THE STATE STATUTE AND INSTEAD REFERRING TO THE NO-STRIKE PROVISION IN THE ORDINANCE WHICH IS SECTION 1.018, BY AMENDING SECTION 1.025 REGARDING REVIEW OF RULES AND PROVIDING THAT ALL AMENDMENTS, ADDITIONS OR DELETIONS OF RULES SHALL BE SUBJECT TO THE REVIEW AND APPROVAL BY THE STATE PERC, BY ADDING A NEW SECTION 1.028 PROVIDING THAT EMPLOYEE ORGANIZATION CERTIFICATIONS IN EXISTENCE ON THE EFFECTIVE DATE OF THE ORDINANCE SHALL BE ACCEPTED BY THE COMMISSION TO BE IN FULL FORCE AND EFFECT FOR NOT LESS THAN ONE YEAR, AND BY ADDING A NEW SECTION 1.029 WHICH PROVIDES THAT PENDING CASES INVOL- VING DELRAY BEACH SHALL BE TRANSFERRED FROM THE STATE PERC TO THE DELRAY BEACH PERC AND GIVEN THE HIGHEST PRIORITY FOR THEIR DISPOSITION. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That all Whereas Clauses in said ordinance contained on pages 1 and 2 are hereby repealed. SECTION 2. That subsection (9) of Section 1.002 of this ordinance is ~mended to read as follows: (9) "Legislative Body" means the emp~ye~ City Council, unless the Public Employee Relations Commission determines that a unit or Subdivision thereof, having authority to appropriate funds and establish policy governing the terms and conditions of employment an~-wh~eh ~s-~he-~se-may-~e, is the appropriate legislative body for the bargaining unit. SECTION 3. That subsection (1) of Section 1.003 of this ordinance is amended to read as follows: (1) There is hereby created and established the Public Employees Relations Commission, hereinafter referred to as the "commission". The commission shall be composed of ~h~ee-~ five (5) members to be appointed by the City Council from persons representative of the public, known for their objectiv. and independent judgment, and who shall not be employed by or hold any commission with any governmental unit in the state or any employee organization as defined in this ordi- nance. The City Council shall designate one (1) member as chairman. Members shall serve for a term of four (4) years, except that beginning on the passage hereof, ~ne-~ two (2) members shall be appointed for a term of ~we-~ one (1) ~ea~s ~ear, and one member for ~h~ee-~ two (2) years, and one (1) member for ~-~4~ three (3) years and one (1) member for four (4) years. A~vacancy for the unexpired term of a member shall be filled in the same manner as herein provided for an original appointment. The presence of ew~ ~ three (3) members shall constitute a quorum of any called meeting of the commission. The commission in the performance of its duties and powers under this ordinance shall not be subject to the control, supervision, or direction by the City Manager or City Council. SECTION 4. That subsection (1) of Section 1.004 of this ordinance shall be amended by adding the following language: (i) After public hearing, the commission shall adopt, promulgate, amend, or rescind such rules and regulations as it deems necessary and administratively feasible to carry out the provisions of this ordinance, in accordance with Chapter 120, Florida Statutes. Prior to adoption of rules and regulations by the commission, the commission shall apply the effective rules and regulations, ~romul~ated by the Public Employee Relations Commission of this State, as amended. SECTION 5. That subsection (6) of Section 1.008 of this ordinance shall be renumbered (7) and a new subsection (6) shall be added to read as follows: (6) If an employee organization is properly registered with the State Public Employee Relations Commission and the employee organization furnishes to the Delray Beach Public Employee Relations Commission proof of proper registration, either through: (a) Certified copies of the registration material filed with the State Public Employee Relations Commission; or (b) (1) Copies of the registration material supplied to the State Public Employee Relations Commis- sion; and, (2) A statement from the State Public Employee Relations Commission that the employee organi- zation is properly registered with the State Public Employee Relations Commission, then the Delray Beach Public EmplQyee Relations Commission will accept proof of proper registration with State PERC in lieu of the other registration requirements provided in this ordinance. In the event that an employee organi- zation has not begun the registration process with PERC, or has not completed the registration process within the time required by law, then the employee organization shall - 2 - Ord. No. 19-7 properly register with the Delray Beach Public Employee Relations Commission in the manner provided for in this ordinance. SECTION 6. That subsection (4) of Section 1.019 of this ordinance shall be amended to read as follows: (4) An employee organization shall be liable for any damages which might be suffered by a public employer as a result of a violation of the provisions of Section 44~8 eh~p~e~-~4-~8~, ~ws-e~-~~a 1.018 of this ordinance by the employee organization or its representatives, officers and agents. The circuit court having jurisdiction over such actions is empowered to enforce judgments against employee organizations, as defined in this ordinance, by attachment or garnishment of union initiation fees or dues which are to be deducted or checked off by public employers. No action shall be maintained pursuant to this subsection until all proceedings which were pending before the com- mission at the time of the strike or which were initiated within thirty (30) days of the strike have been finally adjudicated or otherwise disposed of. In determining the amount of damages, if any, to be awarded to the public employer, the trier of fact shall take into consideration any action or inaction by the public employer or its agents that provoked or tended to provoke the strike by the public employees. The trier of fact shall also take into consideration any damages that might have been re- covered by the public employer under subsection 6(a)4 of this Section. SECTION 7. That Section 1.025 of this ordinance is amended to read as follows: The e~%~-e~n~ Legislative Body of the public employer shall retain the right to approve, amend, or rescind all rules pro- mulgated by the commission pursuant to this ordinance. ~m-~he ~senee-~-~e~s~a~e-~e~-~-~he-~~-a~-~es All rules includin~ all amendments, additions, or deletions of rules adoRt~d.by the commission shall have full force and effect upon their approval by the e~mm~ss~e~ State Public Employee Relations Commission. SECTION 8. That a new Section shall be added as Section 1.028 and shall read as follows: 1.028 -- Pre-Existing State Public Employee Relations Commission Certifications -- If an employee organi- zation registers with the Delray Beach Public Employee Relations Commission pursuant to Section 1.008 of this ordinance, then the Delray Beach Public Employee Relations Commission shall accept and shall consider any certification issued by the State Public Employee Relations Commission as to such employee organization, to be in full force and effect for not less than one year from date of certification by the State Public Employee Relations Commission. SECTION 9. That a new section shall be added as Section 1.029 - 3 - Ord. No. 19-76 and shall read as follows: 1.029 -- Transfer of Pending Cases -- The Delray Beach Public Employee Relations Commission shall accept all cases involving the City of Delray Beach or any subdivision or any agency thereof pending before the State Public Employee Relations Commission on the effective date of this ordinance and will give such cases the highest priority to expedite their disposition. PASSED AND ADOPTED IN special session on second and final reading on this the 4th day of Jun~ . , 1976. ATTEST: ~/ City Clerk First Reading Mav 20, 1976 Second Reading.. June 4, 1976 - 4 - Ord. No. 19-76