06-04-76SpMtg 135
JUNE 4, 1976 i:
A Special Meeting of the City Council of the City of Delray
Beach, Florida, was held in'the Council Chambers at 9:05 A. M., June
4, 1976 with Mayor James H. Scheifley presiding, and City Manager J.
Eldon Mariott, Assistant City Attorney Clifford Shandy, and Council
members John E. Gomery, Jr., David E. Randolph, and Leon M. Weekes,
present. Vice-Mayor Aaron I. Sanson, IV. was absent.
Mayor Scheifley stated that this Special Meeting was called
for the purpose of considering second and final reading of Ordinance
No. 19-76 to amend the PERC Ordinance.
The City Manager presented Ordinance No. 19-76.
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 DEFINING 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
RELATIONS 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 AM. ENDMENTS, 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 TOW IN FULL FORCE AND
EFFECT FOR NOT LESS THAN ONE YEAR, AND BY ADDING A NEW
SECTION 1.029 WHICH PROVIDES THAT PENDING CASES INVOLV-
ING DELRAY BEACH SHALL BE TRANSFERRED FROM THE STATE
PERC TO THE DELRAY BEACH PERC AND GIVEN THE HIGHEST
PRIORITY FOR THEIR DISPOSITION.
(Copy of Ordinance No. 19-76 is attached to the official copy
of these minutes.)
The City Manager read the caption of the Ordinance. Assistant Citv Attornev
Shandy stated these changes in the Ordinance are necessary in order 'to "
~tace the City on a Full commission Agenda on June 24, 1976. Mr. Randolph
sked how the public is notified when special meetings are called. Mr.
eekes advised the caption of the ordinance was published in the May 26,
.976 issue of the Palm Beach Post and the notice stated the date and time
or the meeting. A Public Hearing was held having been legally advertised
in compliance with the laws of the State of Florida and the charter of the
City of Delray Beach. There being no objections, the Public Hearing was
closed. Mr. Gomery moved for'the passage of O~dinance No. 19-76 an amend-
ment to Ordinance No. 68-74 on second and final reading, seconded by Mr.
Randolph. Upon roll call, Council voted as follows: Mr. Gomery - Yes;
Mr. Randolph - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. The motion
passed with a vote of 4 to 0.
Assistant City Attorney Shandy stated Council must appoint
five commissioners to serve on the PERC Commission and this Ordinance will
not become effective until the fiv~ commissioners have been appointed. City
Manager Mariott stated this item will be on the next workshop agenda.
13(;
Mr. Weekes moved for the adjournment of the meeting,
s.ecQnded by Mr. Randolph, said motion passing unanimously. The
meeting was adjourned at 9:20 A. M.
City Clerk
APPROVED
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136a
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 WIIEREAS CLAUSES ON PAGES 1 ~ND 2 TI~LEREOF,
AMENDING SUBSECTION 9 OF SECTION 1.002 DEFINING LEGIS-
LATIVE BODY, ~4ENDING SUBSECTION 1 OF SECTION 1..003
BY CHANGING THE NUMBER OF COMMISSIONERS FROM THREE TO
FIVE ~ND ESTABLISHING TERMS FOR THE ~iEMBERS OF THE
COMMISSION, ,A~IENDING SUBSECTION 1 OF SECTION 1.004
PROVIDING THAT THE CO~4ISSION SHALL APPLY THE EFFECTIVE
RULES AND REGULATIONS OF THE STATE PUBLIC E~PLOYEES
RELATIONS CO~2,~IISSION, RENU~,~BERING 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 E[~PLOYEE ORGANIZATION REGISTRATION
REQUIREi~ZENTS BY FUPd~ISHING DOCU~ZENTAT~ON FROM THE STATE
PERC, BY ~,~ENDING SUBSECTION 4 OF SECTION 1.019 BY
DELETING THE REFERENCES TO THE NO-STRIKE PROVISION OF
THE STATE STATUTE ~ND INSTEAD REFERRING TO THE NO-STRIKE
PROVISION IN THE ORDINANCE ~'YHICH IS SECTION 1.018, BY
A~ENDING SECTION 1.025 REGARDING REVIEW OF RULES AND
PROVIDING THAT ALL ~/~END~,~ENTS, ADDITIONS OR DELETIONS
OF RULES SHALL BE SUBJECT TO THE REVIEW ~2~D APPROVAL
BY THE STATE PERC, BY ADDING A NEW SECTION 1. 028
PROVIDING THAT E£~PLOYEE ORGkNIZATION CERTIFICATION~_ IN
EXISTENCE ON THE EFFECTIVE DATE OF THE ORDIN~2~CE SHALL
BE ACCEPTED BY THE CO~%'IISSION TO BE IN FULL FORCE ~2qD
EFFECT FOR NOT LESS TH3~N 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 CO%rNCIL OF THE CITY
OF D~LRAY BEACH, FLORIDA, AS FOLLOWS:
BECTION 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
.:~.amended to read as follows:
(9) "Legislative Body" means the gsve~n~ng-B~y-~-~he-pmb~e .
amp~yar 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 and-wh~eh
a~-~he-~ase-may-Be, is the appropriate legislative body for
the bargaining unit.
SECTION 3. That subsection (1) of 'Section 1.003 of this ordinance
is ama~ded' to zead as follows:
(1) There is hereby created and established the Public Employees
Relations Commission, hereinafter referred to as the
"conm%ission". The commission shall be composed of
five (5) members to be appointed by the City Council from
Persons representative of the public, known for their cbjectiv
136b
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 design&te one (1) member as
chairman. Members shall serve for a term of four (4) years,
except that beginning on tl]e passage hereof, ~ne-~ two (2)
members shall be appointed for a term of %w~-~ one (1)
yea~s ~ear,. and one member for ~h~e-~ 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
provid, e~ for an original appoi,~tment. The 'presence of 9w~
~ three (3) members shall constitute a quorum of any called
meeting of the conzmission. 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 mnended by adding the following language:
(1) 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
provis.ions 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, promulgated bv the
Public Emp. loyee 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 Em, ployee Relations Commission
will accept proof, of proper registration with State PERC
i~l 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 1las not completed the registration process within the
time required by law, then the employee organization shall~
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Ord. No.. 19-7
136c
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 shal.I be liable for any damages
which might be suffered by a public employer as a result
of a violation of the provisions of Section
ehap~e~-~-~, ~awg-~-~o~da 1.018 of this ordinance
by the employee organization os 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 th. irty (30) days of the ~trike 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 a~tion 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 ,emp%oyer under subsection 6(a)4 of
this Section.
SECTION 7. That Secti6n 1.025 of this ordinance is amended to
read as follows:'
The ~M-~nne~ Legislat{ve Body of the public &mployer shall
retain the right to approve, amend, or rescind all rules pro-
mulgated, by the commission pursuant to this ordinance.
rules including all amendments, additions, or deletions of
rules adopted by the commission shall have full force and effect
upon their approval by the ~emm~s~ 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 qonsider 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 soct~on shall be added as Section 1 029
Ord. No. 1'9- 76
136d
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 gi~e.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 ~une , 1976.
Clerk
First Reading May 20, 1976
Second Reading June 4, 1976
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Ord. No. 19-76