01-13-75 JANUARY 13, 1975
A regular meeting of the City Council of the City of Delray
Beach, Florida, was held in the Council Chambers at 7:30 P.M., Monday,
January 13, 1975, with Mayor James It. Scheifley presiding, and City
Manager J. Eldon Mariott, City Attorney Roger Saberson, Council
members Andrew M. Gent, Grace S. Krivos, David E. Randolph and Ron I.
Sanson, IV, present.
1. The opening prayer was delivered by Dr. Wallace Mast of the
'~hurch of the Palms.
2. The Pledge of Allegiance to the Flag of the United States of
America was given.
3. The minutes of the special meeting of January 6, 1975 were
unanimously approved on motion by Mrs. ]~ivos and seconded by ~. Gent.
4.a. Mrs. Krivos asked the City Attorney to obtain an opinion,
in writing, from the Assistant Attorney General in Tallahassee,
Attention: Sharon Smith, concerning the exemptions under the Sunshine
Law as far as collective bargaining is concerned. She requested that
the opinion include whether or not meetings in the shade hold true
for discussion of city ordinances that may relate to collective bar-
gaining. She further requested the same type letter be written to
Mr. David Bludworth, State Attorney, for his opinion. The City Attorney
agreed to handle this matter.
4.b. Mr. Sanson thanked the City Clerk's office for taping a
workshop meeting and complimented Mr. Saberson for his presentation.
He also thanked the City Manager for his work and issuance of a
memorandum on budget control and analysis.
4.c. Mayor Scheifley reported he had received a suggestion that
parking be allowed at the extreme north end of the beach. The Beauti-
fication Committee voted against any proposal to make the north end
of the beach into public parking.
6.a. The City Manager reported Mr. John Ross Adams, Chairman
of the City's Charter Committee, requested that he appear before the
Council. Mr. Adams complimented the City Manager in the prompt removal
of parking meters. He stated he was appearing as Chairman of the
Committee to request that G. Robert Fellows be retained by the City to
act as counsel for the Committee in the completing of the Charter. Mr.
Adams suggested a fee of $50 per hour with a cap. of $1,000. He reported
the Committee planned to present a model charter to the City for approval.
Considerable discussion ensued among Council members concerning the
purpose of the Charter Committee and the hiring of an attorney to edit
and develop the work of the Committee. Suggestions were made that the
Charter Committee interview department heads for ideas and that the
Committee make themselves available to every citizen with an idea that
might or might not be incorporated into the Charter. It was also
suggested that Public Hearings be held and after all input has been
received, a Charter be drafted and presented to Council in final recom-
mended form. Mayor Scheifley suggested advertising hearings, etc. in
order to avoid persons claiming no opportunity had been offered for
input by them. Mrs. Krivos questioned what procedure would be utilized
to adopt a new Charter after it is completed. Mr. Adams replied under
Home Rule the Charter could~be passed locally with a possible referendum
if there are substanlial changes. He stated the Charter should be in
Tallahassee by October Ist. Mr. Sanson questioned what legal work
should be performed by the city Attorney and what should be performed
by outside counsel. Mr. Saberson stated the revision of the Charter
would not normally come within the confines of the position of the
position of the City Attorney. It was the consensus of Council that
this work should not be performed by the City Attorney. Mr. Randolph
moved to retain Attorney G. Robert Fellows as requested by the Chairman
of the Charter Review Committee at a salary not to exceed $50 per
hour with a cap not to exceed $1,000, seconded by Mr. Gent, said
motion passing unanimously.
6.b. The City Manager reported the Florida East Coast Railway
crossing at S.E. 1st Street has been under consideration for some time
and Council had previously authorized payment of $35,000 for FEC land
located between S.E. 1st Street and the eastern side of the railroad
crossing at that location. Council, at present, is to consider approval
of the acceptance and recording of the deed to the land the City has
acquired from the FEC Rwy Company. It is recommended that Council change
the funding source, by motion', from the Federal Revenue Sharing Funds,
as originally suggested, to the General Obligation Bond Issue passed in
December. Mrs. Krivos moved that Council authorize the acceptance and
recording of a deed to property purchased by the City from the Florida
East Coast Railway Company upon the legal description being examined
by the City Attorney and found to be correct, and that $35,000 be funded
from the $600,000 Street and Sidewalk Bond Issue, seconded by Mr.
Sanson, said motion passing unanimously.
6.c. The City Manager stated the following bids were received to
sell the City three pick-up trucks to be used by the Public Utilities
Department:
Bidder Net Bid
Adams Chevrolet Company $12,520.79
Delray Beach
Rich Motors, Inc. 14,931.00
West Palm Beach
The bids are predicated upon the City trading in three vehi-
cles. It is recommended that the award be made to the low bidder,
Adams Chevrolet Company, in the amount of $12,520.79 with funding being
provided in the 1974-75 budget. Mrs. Krivos moved to accept the low
bid of Adams Chevrolet Company, in the amount of $12,520.79, for three
pick-up trucks, seconded by Mr. Gent, said motion passing unanimously.
7.a. Mr. David Ekvall, 1004 Island Drive, Delray Beach, spoke
as President of the Beach Property Owners' Association, and introduced
Mr. Herbert Bernenko to read a presentation to the Council. Mr.
Bernenko read a document prepared by the Association propounding
suggestions under three main categories: Matters Relating to Meetings
of the City Council and Other Administrative Bodies;. Recommendations
Relating to General Policies and Attitudes of Council and Other Adminis-
trative Bodies; and Miscellaneous Projects and Policies Calling for
EarlY Attention and Action by Council. Council members agreed the six
page document presented some well thought out ideas and stated they
would be considered at workshop meetings. Copies of the statement
were presented to Council and the Administration. It was suggested a
copy be given to the Charter Committee for their consideration.
7.b. Mayor Scheifley acknowledged receipt of the minutes of the
December 4, 1974 meeting of the Beautification Committe~,.
7.c. The City Manager stated the American Legion Auxiliary has
requested permission to solicit funds from February 27th through March
1st, 1975, approval of which is recommended by the Solicitations
Committee. Mrs. Krivos moved permission be granted for soliciting
funds to the American Legion Auxiliary from February 27 through March
1/ 1975, seconded by Mr. Sanson, said motion passing unanimously.
8.a. The City Manager presented Ordinance No. 66-74.
AN ORDINANCE OF THE CITY COUNCIL OF THE CkTY OF
: DELRAY BEACII, FLORIDA, REZONING AND PLACING
APPROXIMATELY 353.72 ACRES OF LAND LOCATED IN
SECTION 13, TOWNSHIP 46 SOUTH, RANGE 42 EAST, AND
SECTION 24, TOWNSHIP 46 SOUTH, RANGE 42 EAST,
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1-13-75.
PALM BEACH COUNTY, FLORIDA, LYING NORTH OF
LOWSON BOULEVARD, BETWEEN DOVER ROAD AND
MILITARY TRAIL IN "RM-6 MULTIPLE FAMILY D~LLING
DISTRICT" AND ~4ENDING "ZONING MAP OF DELIqAY
BEACH, FLORIDA, 1972".
(Copy of Ordinance No. 66-74 is attached to the official
copy of these minutes.)
City Manager Mariott stated this ordinance would rezone the
Hamlet property from RM-10 Multiple Family Dwelling to RM-6 Multiple
Family Dwelling. A Public Hearing has been scheduled to be held. The
City Manager stated he had received a letter from Mr. George A. Roland
expressing his apprehension concerning the rezoning. The City Manager
explained the rezoning would lower the density rather than increase it.
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.
The City Attorney advised the title of the ordinance should
be read with wkich the City Manager complied.
Mr. Randolph moved for the passage of Ordinance No. 66-74
on second and final reading, seconded by Mr. Gent. Upon roll call,
Council voted as follows: .Mr. Gent - Yes; Mrs. Krivos - Yes; Mr.
Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes.
8.b. The City Manager presented Ordinance No. 67-74.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING"
OF THE CITY'S CODE OF ORDINANCES BY AMENDING SUB-
SECTION 29-3 BY ADDING CONVALESCENT HOMES, HOMES
FOR THE AGED, NURSING H~IES AND REST HO~S; ALSO BY
AMENDING SUBSECTIONS 29-5.1 (RM-10 MULTIPLE FAMILY
DWELLING DISTRICT) AND 29-5.2 (RM-15 MULTIPLE FAMILY
DWELLING DISTRICT) BY PERMITTING THE ABOVE AS CONDI-
TIONAL USES; REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING A PENALTY
CLAUSE; PROVIDING A SAVING CLAUSE.
(Copy of Ordinance No. 67-74 is attached to the official
-c6py of these minutes.)
City Manager Mariott stated prior to final passage, a Public
Hearing has been scheduled to be held. He read the title of the
ordinance. '
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.
Mr. Nathan Sharp, Barr Terrace Apartments, Delray Beach,
requested Council carefully consider approval of nursing homes, etc.
and require that such organizations prove financial responsibility.
Mr. Ernest Schier, 1017 Bay Street, Delray Beach, asked why
these institutions or facilities were being restricted to RM-10 and
RM-15 districts. Mr. Dan Kotulla, Planning Director, stated the Board
felt these homes and facilities would be compatible in multiple family
zoning rather than commercial or single family areas.
The Public Hearing was closed. Mr. Gent moved for the
passage of Ordinance No. 67-74 on second and final reading, seconded by
Mr. Randolph. Upon roll call, Council voted as follows: Mr. Gent -
Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor
Scheifley - Yes.
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1-13-75.
Mr. George Aspinwall, 942 Tropic Boulevard, Delray Beach,
pointed out this ordinance dealt with convalescent homes rather than
retirement homes.
8.c. The City Manager presented Ordinance No. 68-74.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ENACTED PURSUANT TO THE PROVISIONS OF
ARTICLE VIII, SECTION 2(b) OF THE 1968 FLORIDA CONSTI-
TUTION AND CHAPTER 73-129, LAWS OF FLORIDA, THE MUNI-
CIPAL HOME RULE POWERS ACT AND SECTION 447.022, FLORIDA
STATUTES, CHAPTER 74-100, LAWS OF FLORIDA: RELATING TO
LABOR AND IMPLEMENTING SECTION 6 OF ARTICLE I OF THE
CONSTITUTION OF THE STATE OF FLORIDA; PROVIDING TO
MUNICIPAL EMPLOYEES THE RIGHT TO ORGANIZE AND BARGAIN
COLLECTIVELY AS TO TERMS AND CONDITIONS OF EMPLOYMENT
AND TO REFRAIN THEREFROM; PROVIDING METHOD AND BARGAIN-
ING PROCEDURE; CREATING AND PROVIDING ADMINISTRATION BY
THE CITY OF DELRAY BEACH PUBLIC EMPLOYEES RELATIONS
COMMISSION; PROVIDING FOR CITY COUNCIL REVIEW OF CO~IS-
SION RULES; DEFINING RIGHTS OF PUBLIC EMPLOYEES AND
EMPLOYERS; PROVIDING FOR AND CONDITIONS ON PAYROLL DUES
DEDUCTION; PROVIDING RULES AND PROCEDURES FOR REGISTRA-
TION, · RECOGNITION, CERTIFICATION AND ~ECERTIFICATION OF
EMPLOYEE ORGANIZATIONS AND BARGAINING AGENTS; PROVIDING
PAYMENT OF FEES AND EXPENSES IN COLLECTIVE BARGAINING
PROCESS; PROVIDING GRIEVANCE PROCEDURES; PROVIDING PRO-
CEDURES FOR RESOLUTION OF IMPASSE; PROVIDING FACTORS TO
BE CONSIDERED BY THE SPECIAL ~STER; PROVIDING FOR COM-
PENSATION AND RECORDS; ESTABLISHING UNFAIR LABOR PRAC-
TICES BY EMPLOYERS, EMPLOYEE ORGANIZATIONS AND OTHERS;
PROVIDING PROCEDURES TO RESOLVE UNLAWFUL ACTIONS AND
PRACTICES; ESTABLISHING PENALTIES AND REMEDIES; PROVID-
ING INJUNCTIVE RELIEF; PROVIDING EFFECT ON MERIT AND
CIVIL SERVICE SYSTEMS AND STATE AND LOCAL CONTROL OF
SAME; ADOPTING THE PROVISIONS OF ~ 447.023, FLORIDA
STATUTES, AS A PART HEREOF; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONTINUED EFFECTIVENESS OF EXISTING AGREE-
MENTS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES
IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE.
(Copy of Ordinance No. 68-74 is attached to the official
copy of these minutes.)
City Manager Mariott read the caption of the ordinance and
stated a Public Hearing has been scheduled to b~ held.
A Public Hearing was held, having been legally advertised in
compliance with the laws of th~ State of Florida and the Charter of the
City of Delray Beach.
Mr. Tom Panza, Attorney for Palm Beach County Police Benevo-
lent Association, spoke against the adoption of Ordinance No. 68-74.
He stated it is the position of the Association that this ordinance is
a duplication of the State Statute with the exception of the provisions
the City has added. He pointed out this ordinance would add large
expense to the City budget and would require the obtaining of persons
with expertise in the field of labor relations. The establishment of
a local Board would require the retaining of an ~ttorney to advise the
Board. He further stated it would be difficult to obtain persons who
were familiar with the National Labor Relations Act. Under the ordi-
nance, if an employee does not feel the Board has given him p~oper
redress, he has the option of appealing to the Fourth District Court of
Appeals. Without knowledgeable people on the local Board, there is
substantial possibility the emDloyee will appeal and the decisions of
the Board could be reversed. Mr. Panza emphasized the need for exper-
tise on the local Board and stated the persons on the State Board are
experts in the labor relations field.
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1-13-75.
The Public Hearing was closed. Mr. Gent moved for the adoption
of Ordinance No. 68-74 on second and final reading, seconded by Mr.
Randolph. Under discussion, Mr. Sanson pointed out the extremely
lengthy discussions held by Council on the mini-PERC Ordinance. He
further stated this ordinance has to be approw~d by State PERC and if
the ordinance was found to be ineffective, it could be repealed. Mrs.
Krivos stated she was against the ordinance and felt it was a waste of
taxpayers' money. She suggested Delray should not be a pioneer in this
field, but should utilize the services of the State. Mayor Scheifley
stated the Council would attempt to locate qualified persons to serve
on this Commission. Mr. Gent reiterated State PERC has to approve the
ordinance and if they make changes the City does not approve, the ordi-
nance can be repealed. He also stated the persons selected to serve on
this commission must be approved by Tallahassee and the State PERC
would require satisfactory qualifications of the commission members.
Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos -
No; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. The
motion passed with a 4 to 1 vote.
9.a. The City Manager stated the Planning and Zoning Board at a
meeting held on November 26th recommended by unanimous vote that
Council grant the request of the applicant, Boca Raton Yacht & Tennis
Club, that certain street rights-of-way, canal rights-of-way and ease-
ments dedicated by the plat of Tropic Palms Subdivision be abandoned.
The location is in the area of the southeast corner of Linton Boule-
vard and 1-95. A sketch depicting the location was projected. The
developer is asking that the majority of the rights-of-way in this
area be abandoned and that the future planning of the area be considered
at future Council meetings. The utilities companies have consented
to the abandonments provided that the existing utilities in easements
to be abandoned would be relocated at the developer's expense or the
developer would provide easements elsewhere for the location of utilities.
The property would be platted in the future.
Mr. John Brennan, President of the Boca Yacht & Tennis Club,
spoke stating his firm has prepared an easement agreement which covers
Germantown Road from 12th Street to Lindell Boulevard, a perpetual
easement which runs until the property is replatted, and at such time,
other access roads will be built. He stated the County Engineer's
office and the Department of Transportation have approved this request.
Mr. Gent moved that Council approve the requested abandonments of certain
rights-of-way, canal rights-of-way and easements dedicated by the plat
of Tropic Palms Subdivisions, seconded by Mrs. Krivos, said motion
passing unanimously.
10.a.1. Mr. Tom Ingersoll, Arvilla Hotel, Delray Beach, spoke con-
cerning the pool on A1A and Atlantic Avenue, asking the status of
various reports being prePared. The City Manager stated the former City
Attorney has not yet rendered his opinion and since a new City Attorney
has been appointed, a final opinion will be prepared and presented to
Council at a workshop meeting.
10.a.2. Mr. Jack Pitts, 237 Seacrest Lane, Delray Beach, requested
that Council make it a policy that an arbitration clause be inserted in
any major contracts with the City. This would eliminate any court
cases as have occurred in the past. Mr. Pitts also questioned the
validity of beach renourishment at this time. He suggested renourish-
ing the beach beyond the normal contour of the remainder of beaches
in the area would create an unstable condition and the beach would
revert to the normal coastline. The City Manager replied the City does
not intend to renourish at any specific time; a study is now under way
to dete~nine whether and when renourishment might bp required. Mayor
Scheifley explained the County plan to maintain the beaches in Palm
Beach County and the effect it would have on Delray Beach. Mr. Pitts
then questioned the status of the 12th Street bridge. The City Manager
replied the plans were drawn and the contract was in the process of
being let. The City Manager was requested to ascertain the exact status
of this project.
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1-13-75.
10.a.3. Mr. Irwin Kresser, 234 N.E 17th Street, Delray Beach,
spoke commending the election of the two new Council members and
expressed his confidence in the Council and Administration.
10.a.4. Mr. Tom Ingersoll asked whether or not the sand by-pass in
Boynton Beach was in operation. Council members stated the matter
would be investigated.
10.b. The following Bills for Approval were unanimously approved
on motion by Mr. Sanson and seconded by Mr. Randolph.
General Fund ............ $1,562,812.55
Water and Sewer Fund ........ 711.00
Utility Tax Fund .......... 2,938.33
Citizens Contribution Fund ..... 352.00
Improvement Trust Fund ....... 106,505.60
Beach Restoration Fund ....... 72,862.72
Federal Revenue Sharing Fund .... 47,274.69
10.c.1. The City Manager presented each Council member with the
agenda and material relevant to the Gold Coast League Meeting.
10.c.2. The City Manager reported the City made application several
months ago for a 701 Planning Grant in the State of Florida. He
stated he has received~ notification that Delray Beach, of the 130 appli-
cants in the State, ranks No. 2 as of this time which status should
provide the City with $24,000.
10.c.3. City Manager Mariott presented Resolution No. 4-75.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING NEGOTIATION OF
A CONTRACT FOR GRADING AND PAVING THE NORTHERLY
EXTENSION OF ROOSEVELT AVENUE TO LAKE IDA ROAD
(APPROXImaTELY 380'), CITY OF DELRAY BEACH,
FLORIDA.
(Copy of Resolution No. 4-75 is attached to the official
copy of these minutes.)
The City Manager stated this resolution had just been drafted
to open Roosevelt Avenue to Lake Ida Road. A sketch was projected
depicting the location. The access road has been needed for quite some
time in this area. The extension of Roosevelt Avenue to Lake Ida
Road is a distance of approximately 700 feet. Four bids were solicited
· with two companies responding as follows: Carr Soil & Sod - Driveway~ -
$7,717.50; and Hardrives of Delray, Inc. - $8,000.00. It is recommended
the low bid be granted. Mr. Sanson requested a general discussion
concerning the utilization of the General ~bligation Bond Revenue passed
in December. The City Manager replied this would be prepared, but this
item would, in any event, be on the priority list. Mr. Sanson moved
for the passage of Resolution No. 4-75, seconded by Mr. Randolph. Mr.
Sanson amended his motion by adding the contract would be awarded to
the low bidder, Carr Soil & Sod - Driveways, in the amount of $7,717.50,
with funds to come from the Bond Issue recently passed, said amendment
being accepted by. Mr. Randolph. Upon roll call, Council voted as
follows: Mr. Gent - Yes; Mrs, Krivos - Yes; Mr. Randolph - Yes; Mr.
Sanson - Yes; Mayor Scheifley - Yes.
!0.c.4. Mrs. Krivo$ welcomed Mr. Roger Saberson to the city as City
Attorney.
10.c.5. Mr. Randolph commended the Beach Property Owners' Association
~or their excellent presentation and stated Council would diligently
consider the suggestions contained therein.
10.c.6. Mr. Sanson asked the Beach Property Owners' Association to
consider recommending persons qualified to serve on the mini-PERC
Commission. Mayor Scheifley requested any suggestions be given to
Council members.
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1-13-75.
10.c.7. Mr. Sanson reported Mr. Bill Andrews had asked to serve on
the Beautification Committee. Mr. Saberson confirmed members could be
appointed at this meeting. The City Manager reported he had received
a recommendation today from the Beautification Co~nittee suggesting
the appointment of Mr. Clare Short. Mr.. Dunbar recommended Mrs.
William Matthews be appointed to the Committee. The City Manager
reported three vacancies exist on the Committee and with the appoint-
ments recommended at this meeting, the Beautification COnm~ittee would
be completed. Mr. Sanson moved that Mr. William Andrews, Mrs. William
Matthews and Mr. Clare Short be appointed to the Beautification
Committee, bringing the total members to 22 as required, seconded by
Mr. Randolph, said motion passing unanimously.
Mayor Scheifley stated the Beautification Committee would
welcome any one interested to attend their meetings which are held in
the Chamber of Commerce building on the first Wednesday of every month
at 2:00 P.M. Mrs. Krivos suggested this information be included in
letters notifying members of their appointments.
The meeting was adjourned at 9:45 P.M.
City Clerk
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1-13-75.
~ 13n .
ORDINANCE N0. 66- 74
AN ORDINANCE OF THE CITY COUNCIL OF Tt{E CITY
OF DELRAY BEACH, FLORIDA, REZONING AND PLACING
APPROXI~ATELY 353.72 ACRES OF LAND LOCATED IN
SECTION 13, TOWNSHIP 46 SOUTH, RANGE 42 EAST,
AND SECTION 24, TO?~NSHIP 46 SOUTH, RANGE 42
EAST, PALM BEACH COUNTY, FLORIDA, LYING NORTH
OF LOWSON BOULEVARD, BETWEEN DOVER ROAD AND
MILITARY TRAIL IN "RM-6 MULTIPLE FAMILY DWELLING
DISTRICT" AND AMENDING "ZONING MAP OF DELRAY
BEACH, FLORIDA, 1972."
WHEREAS, the Planning and Zoning Board has recommended rezoning
and placing land presently zoned RM-10 Multiple Family Dwelling
District in "RM-6 Multiple Family Dwelling District;" and,
WHEREAS, the City Administration concurs in said recommendation;
and,
WHEREAS, the City Council of the City of Delray Beach, Florida,
has determined that such change should be made,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
~ That the following described property in the City of
Delray Beach, Florida, is hereby rezoned and placed in the "RM-6
Multiple Family Dwelling District" as defined by Chapter 29 of the
Code of Ordinances of the City of Delray Beach, Florida, to wit:
The north half (N~) of Section 24, Township 46 South,
Range 42 East, Palm Beach County, Florida, less the
following described parcels: THE North 524.0 feet of
the northeast quarter (NE¼) of the northwest quarter
(NW¼) of said Section 24. THE North 524.0 feet .of the
northwest quarter (NW¼) of the northwest~qUart~r (NW¼).
of the northeast quarter (NE¼) of s~id Section 24"~"~THE
North 40.0 feet of the east three-quarters (E 3/4) of
the northeast quarter (NE¼) of said Section 24. THE
North 40.0 feet of the northwest quarter '(NW¼) of the
northwest quarter (NW¼) of said Section 24. THE West
50.0 feet of the north half (N~) of said Section 24.
AND also less the right-of-way of Forest Road, as
recorded in Official Record Book 1181 on page 552,
Public Records of Palm Beach County, .Florida and also
less the South 40 feet thereof as right-of-way for
L.W.D.D. Lateral canal No. 35, as recorded in Official
Record Book 483 on page 576.' TOGETHER with that part
of the east three-quarters (E3/4) of the south half
(S½) of the southeast quarter (SE¼) of'Section 13,
Township 46 So,,th, Range 42 East, Palm Beach County,
Florida, lying South of the south right-of-way line of
State Road No. 806 (Delray West Road) as shown in Road
Plat Book 3 on page 27, Public Records of Palm Beach
County, Florida, less the following described parcel:
COMMENCING At the northeast corner of the said east
?.3B
three-quarters (E3/4) of the south half (S½) of the
southeast quarter (SE~) of Section 13; thence Southerly,
along the east line of said Section 13, a distance
of 21.77 feet to an intersection with the said south
right-of-way line of State Road No. 806, said inter-
section being the Point of Beginning; thence continue
Southerly, along the said east line of'Section 13,
a distance of 15.23 feet to an intersection with a
line 40.0 feet south of, as measured at right angles,
and parallel with the north line of the said east three-
quarters (E3/4) of the south half (S-~) of the southeast
quarter (SE¼) of Section 13; thence Westerly, along said
parallel line, a distance of 219.20 feet to an inter-
section with-the said south right-of-way line of State
Road No. 806, thence Northeasterly, along the said south
right-of-way line of State Road No. 806 to the Point of
Beginning.
The above description containing 353.72 acres, more
or less. This property is located North of Lowson
Boulevard, East of Military Trail, an irregular line
South of West Atlantic Avenue and West of the E-4 Canal,
Delray Beach, Florida.
-Section 2. The density for the Hamlet Site Plan Development
Concept of 353.72 acres concerning the above property shall be
figured on the entire property lying within the Hamlet property
line as annexed by Ordinance No. 44-71 of the City or ~eiray Beach
on January 24, 1972.
Section 3. That the Planning Directors of sa.id' City shall, upon
the effective date of this Ordinance, change the Zoning Map of Delray
Beach, Florida, to conform with the provisions of Section 1 hereof.
PASSED AND ADOPTED in regular session on second and final reading
on this the 13th day of January , 1975.
ATTEST:
J City Clerk
First Reading December 9, 1974
Second Reading January 13, 1975
Ord. No. 66-74
1.3 C '
ORDINANCE NO. 67-74.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACtI, FLORIDA, AMENDING CHAPTER 29 "ZONING"
OF THE CITY'S CODE OF ORDINANCES BY AMENDING SUB-
SECTION 29-3 BY ADDING CONVALESCENT HOMES, HOMES
FOR TIlE AGED, NURSING HOMES AND REST HOMES; ALSO BY
AMENDING SUBSECTIONS 29-5.1 (RM-10 MULTIPLE FAMILY
DWELLING DISTRICT) AND 29-5.2 (RM-15 MULTIPLE FAMILY
, DWELLING DISTRICT) BY PERMITTING THE ABOVE AS CON- ~
DITIONAL USES; REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING A PENALTY
CLAUSE; PROVIDING A SAVING CLAUSE.
WHEREAS, the Planning and Zoning Board has recommended adding conva-
lescent homes, homes for the aged, nursing homes, and rest homes as con-
ditional uses and providing for the regulations pertaining to such uses;
and,.
Wt~REA'S, the City Administration concurs in said recommendation;
and,
WHEREAS, the City Council of the City of 'Delray Beach, Florida, has
determined that such changes should be made,
NoW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
'DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section !. That Sec. 29-3 of the Code of Ordinances of ~ ~+.y, as
amended, be further amended by adding the following subparagraph under (C)
Conditional Uses:
CONVALESCENT HOMES, HOMES FOR THE AGED, NURSING HO}.~S, AND
REST HOMES
In addition to the requirements of Sec. 29-7.4, the following
regulations shall apply:
(a) DEFINITIONS
A facility where for compensation or medical coverage, care
is provided for three ~3) or more persons suffering from an
illness other than a contagious, psychopathic, or socio-
pathic disease, which is not of sufficient severity to
require hospital attention. Care may also be provided for
persons requiring institutional care after being discharged_,
from a hospital, other than a mental hospital. Patients
usually require domiciliary care in addition to nursing ca~
(bi 'LOCATION
Such facilities shall not be located on any arterial or
major street. Should the facility require ambulance service,
such access shall be from a collector street, and Shall be
located in such a manner as to minimize the adverse effects
on adjacent p~operty. The environment created should be of
a pronounced residential nature, and be designed to minimize
any adverse condition which might detract from the primary
convalescent pur3ose of the facility.
(c) LOT AREA
The minimum lot area shall be one (1) acre.
(d) FRONTAGE
The property shall have a minimum.frontage of one-hundred
-'(100) feet.
(e) BUILDING HEIGHT AND LOT COVERAGE
The building height and lot coverage shall be the minimum
requirements for the zoning district in which the facility
is located.
(f) SETBACKS
No building or structures shall be located closer than fifty
(50) feet to any property line. Parking areas shall not be
located closer than twenty-five (25) feet to any property
line.
(g) DENSITY
The maximum density shall not exceed 30.37 patient rooms per
acre. The number of rooms allowed shall be computed as
follows: One (!) patient room for each 1500 square feet of
l~t area.
(h) PROHIBITION - HOUSEKEEPING
Rooms or suites shall not be designed, altered, or maintained
for housekeeping or family living purposes.
(i) ROOM FACILITIES
Each patient room shall be equipped with a bathroom and
bathing facilities in addition to audio monitors and call
buttons. Individual patient rooms or suites shall in no
case have kitchen facilities available for the preparation
of food.
(j) MINIMUM LEISURE FLOOR AREA
At least ten (10) percent of the total floor area shall be
devoted to a common area, exclusive of halls, corridors,
stairs, elevator shafts, wherein a variety of recreational
or therapeutic activities may occur.
(k) PARKING
One (1) space per five (5) patient beds or residents, plus
one (1) space per two [2) employees including nurses on the
shift of greatest employment, plus one (1) space for each
staff doctor.
~1) LANDSCAPING
In addition to the requirements of Chapter 15C of this Code,
a twenty-five (25) foot landscaped'buffer zone shall be
provided adjacent to all property lines. Within this land-
scaped area, no paving shall be permitted except for per-
missible driveways or walkways leading to a structure. This
landscaped area shall be planted and maintained in lawn
which may include flower beds, hedges, shrubs, trees, or
similar materials.
(m) STATE AND COUNTY REGULATION~
Such facilities shall be subject to all State and County
regulations.
-2-
Ord. No. 67-74.
13E
Section 2. That ~ec. 29-5.1 of the Code of Ordinances of the City,
as amended, be further amended by adding the following subparagraph under
~(C) Conditional Uses:
Convalescent homes, homes for the aged, nursing homes, and
rest homes, subject to Sec. 29-3.
Section 3. That Sec. 29-5.2 of the Code of Ordinances of the City,~
as amended, be further amended by adding the following subparagraph under
(C) Conditional Uses:
Convalescent homes, homes for the aged, nursing homes, and
rest homes, subject to Sec. 29-3.
Section 4. That all ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed.
Section 5. That any person, firm or corporation violating any of
the provisions of Section i above, shall upon conviction, be punished as
provided in Section 1-6 of the Code of Ordinances of the City of Delray
Beach.
Section 6. 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.
PASSED ~QD ADOPTED in regular session on second and final reading
on this the 13th day of January , 1975.
ATTEST:
City Clerk
First Reading December.23, 1974
Second Reading January 13f 1975,
.. Ord. No. 67-74.
13F
ORDINANCE NO. 68-74
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ENACTED PURSUANT TO THE PROVISIONS OF
ARTICLE VIII, SECTION 2(b) OF THE 1968 FLORIDA CONSTI-'
TUTION AND C~qAPTER 73-129, LAWS OF FLORIDA, THE MUNI-
CIPAL HOME RULE POWERS ACT AND SECTION 447.022, FLORIDA
STATUTES, C}tAPTER 74-100, LAWS OF FLORIDA: RELATING TO
LABOR AND IMPLEMENTING SECTION 6 OF ARTICLE I OF THE
CONSTITUTION OF THE STATE OF FLORIDA; PROVIDING TO
MUNICIPAL EMPLOYEES THE RIGHT TO ORGANIZE AND BARGAIN
COLLECTIVELY AS TO TERMS AND CONDITIONS OF EMPLOYMENT
AND TO REFRAIN THEREFROM; PROVIDING METHOD AND BARGAIN-
ING PROCEDURE; CREATING AND PROVIDING ADMINISTRATION BY
THE CITY OF DELRAY BEACH PUBLIC EMPLOYEES RELATIONS
COMMISSION; PROVIDING FOR CITY COUNCIL REVIEW OF COMMIS-
SION RULES; DEFINING RIGHTS OF PUBLIC EMPLOYEES AND
EMPLOYERS; PROVIDING FOR AND CONDITIONS ON PAYROLL DUES
DEDUCTION; PROVIDING RULES AND PROCEDURES FOR REGISTRA-
TION, RECOGNITION, CERTIFICATION AND DECERTIFICATION OF
EMPLOYEE ORGANIZATIONS AND BARGAINING AGENTS; PROVIDING
PAYMENT OF FEES AND EXPENSES IN COLLECTIVE BARGAINING
PROCESS; PROVIDING GRIEVANCE PROCEDURES; PROVIDING PRO-
CEDURES FOR RESOLUTION OF IMPASSE; PROVIDING FACTORS TO
BE CONSIDERED BY THE SPECIAL MASTER; PROVIDING FOR COM-
PENSATION AND RECORDS; ESTABLISHING UNFAIR LABOR PRAC-
~TICES BY EMPLOYERS, EMPLOYEE ORGANIZATIONS AND OTHERS;
PROVIDING PROCEDL~RES TO RESOLVE UNLAWFUL ACTIONS AND
PRACTICES; ESTABLISHING PENALTIES AIJD REMEDIES; PROVID-
ING INJUNCTIVE RELIEF; PROVIDING EFFECT ON MERIT AND
CIVIL SERVICE SYSTEMS AND STATE AND LOCAL CONTROL OF
SAME; ADOPTING THE PROVISIONS OF ~ 447.023, FLORIDA
STATUTES, AS A PART HEREOF; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONTINUED EFFECTIVENESS OF EXISTING AGREE-
MENTS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES
IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE.
WHEREAS an implementation of Section 6, Article I of the Constitution
of the State of Florida is necessary to promote harmonious and cooperative
relationships between government and its employees, and to protect the public
by assuring at all times the orderly and uninterrupted operations and func-
tions of government; and
WHEREAS the encouragement or discouragement, in any way, of a public
_~mployee organization will interfere with a public employee's right to belong
~o such an organization or refrain from so doing; and
WHEREAS public employee strikes and other improper actions by public
employees interfere with the proper rendering of public service and lead to
turmoil and disruption in governmental functions and services, and the lack
of statutory precautions, such as the failure to exclude managerial employees
and supervisory employees from an employee orgnnization render a public em-
ployer extremely vulnerable to an' illegal strike; and
WHEREAS the first duty of a public employer is no~ profit but relia-
ble and continuous service to the citizens which established it; and
WHEREAS the public employer's duty of service includes, as an econo-
mic consideration, maintaining a proper level of taxation and other financial
13G
assessments; and
WHEREAS the harm caused by an illegal strike against a public service
or facility has a pervasive effect on the ].ives of every citizen because of
its disruption of basic governmental functions; and
WHEREAS a local commission established by a political subdivision is
best suited to assess the economic and other factors that influence the al-
ternatives available to a public employer and its employees; and
WHEREAS Section 447.022 of the Public Employment Relations Act, a
part of Chapter 74-100, Laws of Florida provides for the adoption of a local
ordinance, resolution, or charter amendment, in lieu of the state Public
Employment Relations Act; and
WHEREAS the provisions of Article VIII, Section 2(b), of the 1968
Florida Constitution and Chapter 73-129, Laws of Florida, the Municipal Home
Rule Powers Act, authorize the adoption of local ordinances of this nature;
and
WHEREAS it is in the interest of the betterment of relations between
the City of Delray Beach and its employees,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH AS FOLLOWS:
1.001 Statement of policv is declared that the public policy of the
City of Delray Beach and the purpose of this ordinance is to provide imple-
mentation of Section 6, Article I of the Constitution of the State of Florida
pursuant to the provisions of Article VIII, Section 2(b) of the 1968 Florida
Constitution and Chapter 73-129, Laws of Florida, the Municipal Home Rule
Powers Act and Section 447.022, Florida~ statutes, and to promote harmonious
and cooperative relationships between government and its employees, both
collectively and individually, and to protect the public by assuring, at all
times, the orderly and uninterrupted operations and functions of government.
It is the intent of the City Council that nothing herein shall be construed
to either encourage or discourage organization of public employees. These
policies are best effectuated by:
(1) Granting to public employees the right of organization and rep-
r es entat ion;
(2) Requiring the City Manager or his duly authorized designees to
negotiate with bargaining agents duly c~ertified to represent public employee
(3) Creating a public employees relations commission to assist in
resolving disputes between public employees and the City; and
(4) Recognizing the constitutional prohibition against strikes by
public employees and providing remedies for violations of such prohibition.
1.002 -- Definitions - As used in this ordinance:
(1) "Commission" means the public employees relations commission cre-
ated by Section 1.003 of this ordinance.
(2) "Public employer" or "employer" means the City of Delray Beach
and any subdivision or agency thereof which the commission determines has
sufficient legal distinctiveness to properly carry out the functions of a
public employer.
- 2 - Ord. No. 68-74
13 i-_'
(3) "Public employee" means any person employed by the City of Delray
Beach and any subdivision or agency thereof except (a) those persons appoint-
ed by the City Manager and/or City Council or those persons elected by the
people, agency heads, members of boards and commissions, (b) persons holding
positions by appointment or employment in the organized militia of the State,
(c) individuals acting as negotiating representatives for employer authori-
ties, (d) persons designated by the City of Delray Beach and any subdivision
or agency thereof as managerial or confidential employees pursuant to the
criteria contained herein, subject to review upon application to the public
employees relations commission.
(4) "Managerial employees" are those employees generally having au-
thority in the interest of the public employer who (a) formulate policy which
is applicable throughout the bargaining unit, or (b) may reasonably be re-
quired on behalf of the employer to assist directly in the preparation for
and conduct of collective bargaining negotiations, or (c) have a role in the
administration of agreements resulting from collective bargaining negotia-
tions, or (d) have a significant role in personnel administration or in em-
ployee relations, or (e) have a role in the preparation and administration of
budgets for any public agency or institution or subdivision thereof, provided
that such roles are not of a merely routine, clerical or ministerial nature
and require the exercise of independent judgment.
(5) "Confidential employees" are persons who act in a confidential
capacity with respect to financial matters, or who assist or aid managerial
employees as defined in 1.002 (4) of this ordinance with respect to financial
labor relations and other matters.
(6) "Strike" means the concerted failure to report for duty, or the
concerted 'absence of employees from their positions, or the concerted stop-
page of work, or the concerted submission of resignations, or picketing, or
boycotting in lieu of the performance of duty, or sanctioning or refusing to
cross a picket line or disruptively demonstrating or taking part in job
actions where rules and procedures are followed in detail for the purpose of
impairing the rate work is performed, or omitting to perform or performing
any act, the results of which are detrimental to the best interests of that
segment of the public which the employer and its employees have a duty to
serve, or the concerted abstinence in whole or in part by any group of em-
ployees from the full and faithful performance of the duties of employment
with a public employer, for the purpose in whole or in part of inducing,
influencing, condoning or coercing a change in the terms and conditions of
employment or the rights, privileges, or obligations of public employment or
participating in a deliberate and concerted course of conduct which in whole
or in part adversely affects the services of the public employer, or the con-
certed failure to report for work after the expiration of a collective bar-
~jaining agreement or picketing in furtherance of a Work stoppage.
(7) "Bargaining unit" means either .that unit determined by the cor~-
mission, or that unit determined by the public employer and the public em-
ployee organization and approved by the commission to be appropriate for the
purposes of collective bargaining, provided however that no bargaining unit
shall be defined as appropriate which includes (1) employees of two employers
that are not departments or divisions of the public employer (2) supervisory
or managerial employees, (3) any individual employed as a guard to enforce
against employees and other persons rules to protect property of the employer
or to protect the safety of persons on the employer's premises; but no em-
ployer organization shall be certified as the representative of employees in
a bargaining unit of guards if such organization admits to membership or is
affiliated directly or indirectly with an organization which admits to mem-
bership, employees other than guards.
- 3 - Ord. No. 68-7,!
13I
(8) "Chief executive officer" for the public employer shall mean the
City Manager.
(9) "Legislative body" means the governing body of the public employ-
er or a unit or subdivision thereof having authority to appropriate funds and
establish policy governing the terms and conditions of employment and which,
as the case may be, is the appropriate legislative body for the bargaining
unit.
(10) "Employee organization" or "organization" means any labor organ
ization, union, association, fraternal order, occupational or professional
society, or group, however organized or constituted, -which represents or
seeks to represent any public employee or group of public employees concern
ing any matters relating to their employment relationship with a public
employer.
(11) "Bargaining agent" means the employee' organization which has been
certified by the commission as representing the employess in the bargaining
unit as provided in Section 1.009, or its representative. Provided that no
employee organization or its international or parent organization or any
organization with which the employee organization is affiliated or with which
it affiliates in the future has ever participated in an illegal strike
against any public employer shall be a bargaining agent unless it shall
first post a security bond in an amount determined by the commission to be
sufficient to insure compliance with Section 1.018 of this ordinance and
§447.018, Florida Statutes.
(12) "Budget submission date" means the date by which, under law or
practice, a public employer's budget, or a budget containing proposed
expenditures applicable to such public employer, is submitted to or is con-
sidered by the legislative body or other similar body of government for final
action, or in the absence of any annual budget, the date upon which an annual
appropriation ordinance, resolution, or law, for the ensuing fiscal year is
required to be introduced before such legislative body, ~for final action.
(13) "Professional employee" means:
(a) Any employee engaged in work in any two or more of the following
categories:
1. Predominantly intellectual and varied in character as opposed to
routine mental, manual, mechanical or physical work;
2. Involving the consistent exercise of discretion and judgment ii
its performance; '
3. Of such a character that the output produced or the result
accomplished cannot be standardized in relation to a given period of time;
and
4. Requiring advanced knowledge in a field of science or learning
customarily acquired by a prolonged course of specialized intellectual
instruction and study in an institution of h. igher learning or a hospital, as
distinguished from a general acauemic education, an apprenticeship or train-
ing in the performance of routine mental or physical processes; or
(b) Any employee who:
- 4 - Ord. No. 68-74
13J
1. Has completed the course of specialized intellectual instruction
and study described in subparagraph 4 of paragraph (a), and
2. Is performing related work under supervision of a professional
person to qualify himself to become a professional employee as defined in
paragraph (a).
(14) "Collective bargaining" means the performance of the mutual ob-
ligations of the public employer and the bargaining agent of the employee
)rganization to meet at reasonable times, to negotiate in good faith and to
_=xecute a written contract with respect to agreements reached concerning the
~erms and conditions of employment, except that neither party shall be com-
pelled to agree to a proposal or be required to make a concession unless
otherwise provided in this ordinance.
(15) "Membership dues deduction: means the practice of a public em-
ployer of deducting dues and uniform assessments from the salary or wages of
a public employee upon the presentation to the public employer of cards au-
thorizing the deduction of dues, signed by such individual public employee.
Such term also means the practice of a public employer of transmitting the
sums so deducted to such employee organization. Provided however, that a
public employer may not agree to provide membership dues deduction to an
organization which has engaged in an illegal strike against any public employ-
er or that is affiliated with an international or parent organization which
has engaged in strikes against public employers.
(16) "Civil Service" means any career, civil or merit system used by
any public employer.
(17) "A significant role in personnel administration or in employe re-
lations'' means the authority, in the interest of the employer, to hire, trans
fer, suspend, layoff, recall, promote, discharge or reward employees, or to
adjust their grievances, or effectively recommend such action, if in connec-
tion with the foregoing the exercise of such authority requires the use of
inde.pendent judgment.
1.003 -- Public employess relations commission --
- .(1) There is hereby created and established a public employees rela-
tions commission, hereinafter referred to as the "commission." The commis-
sion shall be composed of three (3) members to be appointed by the City Coun-
cil, from persons representative of the public, known for their experience,
)bjective and independent judgment, and who shall not be employed by or hold
~ny commission with any governmental unit in the state or any employee organ-
ization as defined in this ordinance. 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 effective date of this ordinance, one (1) member
shall be appointed for a term of two (2) years, one (1) member for three (3)
years, and one (1) member for four (4) years. A vacancy for the u.nexpired
term of a member shall be filled in the same manner as herein provided for
an original appointment. The presence of two (2) members shall constitute a
quorum of any called meeting of the commission. The commission in the per-
formance 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
(2) The chairman and the members of the commission shall decide such
time as is necessary to the performance of their duties hereunder. Such
commissioners shall be compensated as established by resolutions adopted by
- 5 - Ord. No. 68-74
13K
City Council from time to time. The chairman and other members shall also be
reimbursed for reasonable expenses incurred under ,this ordinance. The chair-
man shall be responsible for the administrative functions of the commission
and shall have the authority to employ such personnel as may be necessary to
carry out the provisions of this ordinance, and shall be responsible for
submitting a budget to the City Council.
(3) Members of the commission may, after a public hearing, be re-
moved by the Council for inefficiency, neglect of duty or malfeasance in
office. Vacancies occurring otherwise than through the expiration of term
shall be filled for the unexpired term by the City Council.
1.004 -- Commission; powers and duties --
(1) After public hearing, the commission shall adopt, promulgate,
amend, or rescind such rules and regulations as it deems necessary and admin-
istratively feasible to carry out the provisions of this ordinance, in ac-
cordance with Chapter 120, Florida Statutes.
(2) To accomplish the objectives and to carry out the duties pres-
cribed by this ordinance, the commission may subpoena witnesses, may issue
subpoenas to require the production of books, papers, records, and documents
which may be needed as evidence of any matter under inquiry, and may adminis-
ter oaths and affirmations.
(3) In cases of neglect or refusal to obey a subpoena issued to any
person, pursuant to Chapter 74-100, Laws of Florida the commission may apply
to the circuit court of the county in which the investigations or the public
hearings are taking place, and upon application by the commission, the court
may issue an order requiring such person to appear before the commission and
produce evidence about the matter under investigation. A failure to obey
such order may be punished by the court as a contempt.
(4) Any subpoena, notice of hearing or other process or notice of
the commission issued under the provisions of this ordinance shall be served
personally or by certified mail. A return made and ve'rified by the individ-
ual making such service and setting forth the manner of such service is proof
of service and a returned post office receipt, when certified mail is used,
is proof of service. All process of any court to which application may be
made under the provisions of this ordinance shall be served in the county
wherein the persons required to be served reside or may be found.
(5) The commission shall adopt rules as to the qualifications of
persons who may serve as mediators and special masters, shall maintain list
of such qualified persons who are not employees of the commission and shall
initiate dispute resolution procedures by special masters pursuant to the
provisions of this ordinance.
(6) Pursuant to its established procedures, the commission shall
resolve questions and controversies concerning claims~ for recognition as the
bargaining agent for a bargaining unit, determine or approve units most
appropriate for purpos, es of collective bargaining and investigate charges of
engagement in prohibited practices, and charges of striking by.pUblic emplOY'
ees.
1.005 -- Public employer's rights -- (a) It is the right of the pub-
lic employer to determine unilaterally the purpose of each of its constituent
departments, set standards of services to be offered to the public, and exer-
Ord. No. 68-74
cise control and discretion over its organization and operation. It is also
the right of the public employer to direct its employees, take disciplinary
action for proper cause, and relieve its employees from duty because of lack
of work or for other legitimate reasons, provided, however, that the exercis
of such rights shall not preclude employees or their representatives from
raising grievances, should decisions on the above matters have the practical
consequences of violating the terms and conditions of any collective bargain-
ing agreement in force, or civil or career service regulation.
(b) It is also the right of the public employer, in its sole discre-
tion, to determine and direct the policies, mode and methods of operating its
agencies, without any interference in the management and conduct of the em-
ployer's operations on the part of the employee organization or any of its
representatives. The employer shall continue to have the exclusive right to
take any action it deems necessary or appropriate in the management of its
business and the direction of its work force. All inherent and common law
management rights and functions are retained and vested exclusively in the
employer. Such rights exclusively reserved to the employer shall include,
but not be limited to, the following: the right to determine the qualifica-
tions for and select its employees; to determine the size and composition of
its working forces; to determine the number and type of equipment, machinery,
materials, products and supplies to be used; to hire, retire, promote, de-
mote, transfer, assign, lay off and recall employees; to reprimand, discharge
or otherwise discipline employees for reasonable cause; to maintain efficien'
cy of employees; to determine job content and the amount and types of work
needed; to determine the assignment of work; to schedule the hours and days
to be worked on each job and each shift; to discontinue, transfer, or assign
all or any part of its business operations; to make time studies of work
loads, job assignments, methods of operation and efficiency from time to
time, and to make changes based on such studies; to expand, reduce, alter,
combine, transfer, assign or cease any job, job classification, department o~
operation in furtherance of public purposes; to control and regulate or dis-
continue the use of supplies, machinery, equipment, vehicles and other prop-
erty owned, used, possessed or leased by the employer; to make or change
rules, policies and practices not in conflict with the provisions of this
ordinance; to introduce new, different or improved methods, means and p.roces-
ses of transportation, maintenance, service and operation; to make reasonable
rules and regulations for the purpose of efficiency, safe practices and dis-
cipline; and otherwise generally to manage the business of the public employ-
er, direct the work force, and establish terms and conditions of employment,
except as expressly modified or restricted by a specific provision of this
ordinance. The employer's failure to exercise any function or right hereby
reserved to it, or its exercising any function or right in a particular way,
shall not be deemed a waiver of its right to exercise such function or right
nor preclude .the employer from exercising the same in some other way not in
conflict with the express provisions of this ordinance.
1.006 -- Public employees' rights; organization and representation --
(1) Public employees shall have the right to form, join, and parti-
cipate in, or to refrain from forming, joining, or participating in any em-
ployee organization of their own choosing.
(2) Public employees shall have the right to be represented by any
employue organization of their own choosing, to negotiate collectively
through a certified bargaining agent with their public employer in the deter-
mination of the terms and conditions of their employment, and to be repre-
sented in the determination of grievances arising thereunder. Public employ-
ees shall have the right to refrain from exercising the right to be repre-
sented. This right to refrain from such activity may. be exercised any time
- 7 - Ord. No. 68-74
13M
effective thirty (30) days from the receipt of notice by the employer. To
exercise such right, an employee shall advise the public employer in writing
that he does not wish to be represented by nor collectively bargained for by
the certified bargaining agent nor to be bound by the terms of any collective
bargaining agreement negotiated by such bargaining agent. A copy of such
letter shall be sent to the certified bargaining agent. Upon the effective
date of the written notice, the employee shall thereafter have the right to
negotiate individually concerning his wages, hours and working conditions
with the public employer. An individual employee may exercise this right
along with other employees, subject to the same restrictions and condition-
upon the employee and the certified bargaining agent under this ordinance.
shall not be considered an unfair labor practice on the part of the public
employer to explain to its employees their rights under this section, not-
withstanding any other provision of this ordinance to the contrary.
(3) Nothing in this ordinance shall be construed to prevent any
public employee from presenting, at any time, his own grievances, in person
or by legal counsel, to his public employer, and having such grievances
adjusted without the intervention of the bargaining agent, as set out in
Section 1.011, provided that the bargaining agent has been given a reasonable
opportunity to be present.
(4) Public employees shall have the right to file unfair labor
practice charges alleging violations of the provisions of Section 1.016 of
this ordinance.
1.007 -- Dues; deduction and collection -- Any employee organization
which has been certified as a bargaining agent may bargain to have its dues
and uniform assessments deducted and collected by the employer from the
salaries of those employees who authorize the deduction of such dues and
uniform assessments; provided that such authorization is revocable at the
employee's will upon thirty (30) days written notice to the employer and
employee organization; such deduction shall be in force during the terms of
the collective bargaining agreement; provided further that the authorization
automatically expires after twelve (12) months; and further provided that the
employee organization is required to reimburse the employer for the cost of
such deductions. The public employer is expressly prohibited from any in-
volvement in the collection of fines, penalties or special assessments.
1.008 -- Registration of employee organization --
(1) Every employee organization, prior to attempting to organize or
solicit employees and prior to requesting recognition by a public employer
for purposes of collective bargaining, and prior to submitting a petition t
the commission for purposes of requesting a representation election, shall
comply with all of the requirements of this Section 1.008, including the re
quirement that it shall adopt a constitution and by-laws and shall register
with the commission by filing a copy thereof, together with an annual report
in a form prescribed by the commission, and an amended report whenever chang-
es are made, and furnish true copies of all such reports to each employee
such employee organization represents and to each employee such organization
seeks to organize or solicit. Such reports shall include:
(a) The name and address of the organization and of any parent
organiz :tion or organization with which it is affiliated;
(b) The names and addresses of the principal officers and fall repre-
sentatives of the organization;
(c) The amount of the initiation fee and of the monthly dues which
members must pay;
- 8 - Ord. No. 68-74
(d) The current annual financial statement of the organization as
~detailed in paragraph (2) hereof;
(e) ' The name of its local agent for service of process and the
address where such person can be reached; and
(f) A pledge, in a form prescribed by the commission, that the em-
ployee organization will conform to the laws of the City of Delray Beach, the
State of Florida and the United States, and that it will accept members with-
out regard to age, race, sex, religion, or national origin.
(g) An affidavit signed by the principal officer of the employee
organization and an affidavit from the international or parent organization,
if any, stating whether the organization or any officer or any agent has
ever participated in a public employee strike.
(h) Detailed statements, or references to specific provisions of
documents filed under this section which contain such statements, showing the
provision made and procedures followed with respect to each of the following:
(A) qualifications for or restrictions on membership, (B) levying of assess-
ments, (C) participation in insurance or other benefit plans, (D) authoriza-
tion for disbursement of funds of the employee organization, (E) audit of
financial transactions of the employee organization,- (F) the calling of reg-
ular and special meetings, (G) the selection of officers and stewards and of
any representatives to other bodies composed of employee organizations' rep-
resentatives, with a specific statement of the manner in which each officer
was elected, appointed, or otherwise selected, (H) discipline or removal of
officers or agents for breaches of their trust, (I) imposition of fines,
suspensions and expulsions of members, including the grounds for such action
and any provision made for notice, hearing, judgment on the evidence, and
appeal procedures, (J) authorization for bargaining demands, (K) ratification
of contract terms, (L) authorization for strikes, and (M) issuance of work
permits. Any change in the information required by the subsection shall be
reported to the commission at the time the reporting employee organization
files with the commission the annual financial report required hereunder.
(2) Every employee organization shall file annually with the commis-
sion a financial report signed by its president and treasurer or correspond-
ing principal officers containing the following information in such detail as
may be necessary accurately to disclose its financial condition and operation
for its preceding fiscal year and furnish a true copy thereof to each employ-
ee represented by such employee organization and to each employee such organ-
ization seeks to organize or solicit;
(a) assets and liabilities at the beginning.and end of the fiscal
year;
(b) receipts of any kind and the sources thereof;
(c) salary, allowances, and other direct or indirect disbursements
~including reimbursed expenses) to each officer and also to each employee
who, during such fiscal year, received more than $10,000 in the aggregate
from such employee organizatign and any other employee 6rganization affiliat-
ed with it or with which it is affiliated, or which is affiliated with the
same national or international employee organization;
(d) direct and indirect loans made to any officer, employee, or mem-
ber, which aggregated more than 7250 during the fiscal year, together with a
statement of the purpose, security, if any, and arrangements for repayment;
and
(e) direct and indirect loans to any business enterprise, together
- 9 - Ord. No. 68-74
13-0
with a statement of the purpose, security, if any, and arrangements for re-
payment;
all in such categories as the commission may prescribe.
(3) A registration fee shall accompany the initial report' filed with
the commission. Such money shall be used to defray the cost Of registration
and investigation of the filing party, with the remainder to be deposited 'in
the general revenue fund. The amount charged for registration shall be set
by the commission, provided however that the amount charged shall not exceed
the actual cost of the registration process.
(4) Every employee organization shall keep accurate accounts of it
· income and expenses which accounts shall be open for inspection by any mem-
ber of the organization, by anyone who the organization seeks to represent,
by anyone who the organization represents, and by the commission at all
reasonable times.
(5) A copy of the current constitution and by-laws of the employee
organization and copies of the current constitution and by-laws of any state
and national groups with which the employee organization is affiliated or
associated shall accompany each annual report. True copies of each constitu-
tion and by-laws mentioned above shall be furnished to each employee the
employee organization represents and to each employee the employee organiza-
tion seeks to represent, organize or solicit at the time of first contact.
(6) Every business agent prior to attempting to organize a public
employer shall register with the Division of General Regulations of the
Department of Commerce in accordance with Florida Statutes, Section 447.04
and file a copy thereof with the commission.
(7) Every employee organization required to submit a report under
this section shall furnish the information required to be contained in such
report to all of its members, to all employees it represents or solicits, and
to all those employees which it seeks to represent, and every such employee
organization and its officers shall be under a duty enforceable at the suit
of the commission, or any employee represented by such organization or any
employee such organization seeks to represent, or any member of such organi-
zation, in any circuit court of competent jurisdiction to permit the commis-
sion' or such person to examine any books, records, and accounts necessary to
verify such report. The court in such action may, in its discretion, in
addition to any judgment awarded to the plaintiff or plaintiffs, allow a
reasonable attorney's fee to be paid by the defendant, and costs of the
action.
(8) Every officer of an employee organization and every employee c
an employee organization (other than and employee performing exclusively
clerical or custodial services) shall file with the commission a signed
report listing and describing for his preceding fiscal year --
(a) any stock, bond, security, or other interest, legal or equita-
ble, which he or his spouse or minor child directly or indirectly held in,
and any income or any other benefit with monetary value (including reimbursed
expenses) which he or his spouse or minor child derived directly or indirect-
ly from, an employer whose employees such employee organization represents or
is actively seeking to represent, except payments and other benefits received
as a bona fide employee of such employer;
(b) any transaction in which he or his spouse or minor child
- 10 - Ord. No. 68-74
1.3 P
engaged, directly or indirectly, involving any stock, bond, security, or loan!
· to or from, or other legal or equitable interest in the activities of an
employer whose employees such employee organization represents or is actively
seeking to represent;
(c) any stock, bond, security, or Other interest, legal or equita-
ble, which he or his spouse or minor child directly or indirectly held in,
and any income or any other benefit with monetary value (including reimbursed
expenses) which he or his spouse or minor child directly or indirectly de-
rived from, any business a substantial part of which consists of buying from,
selling or leasing to, or otherwise dealing with, the activities of an em-
ployer whose employees such employee organization represents or is actively
seeking to represent;
(d) any stock, bond, security, or other interest, legal or equita-
ble, which he or his spouse or minor child directly or indirectly held in,
and any income or any other benefit with monetary value (including reimbursed
expenses) which he or his spouse or minor child directly or indirectly de-
rived from, an activity any part of which consists of buying from, or sellin¢
or leasing directly or indirectly to, or otherwise dealing with such employee
organization;
(e) any direct or indirect business transaction or arrangement be-
tween him or his spouse or minor child and any employer whose employees his
organization represents or is actively seeking to represent, except work per-
formed and payments and benefits received as a bona fide employee of such
employer and except purchases and sales of goods or services in the regular
course of business at prices generally available to any employee of such
employer; and
(f) any payment of money or other thing of value (including reim-
bursed expenses) which he or his spouse or minor child received directly or
indirectly from any employer or any person who acts as a labor relations
consultant to an employer.
(9) The provisions of paragraphs (a), (b), (c), (d), and (e) of
subsection (8) shall not be construed to require any such officer or employee
to report his bona fide investments in securities traded on a securities
exchange registered as a national securities exchanged under the Securities
Exchange Act of 1934, in shares in an investment company registered under the
Investment Company Act of 1940, or in securities of a public utility holding
company registered under the Public Utility Holding Company Act of 1935, or
to report any income derived therefrom.
(10) Nothing contained in this section shall be construed to require
any 'officer or employee of an employee organization~ to file a report under
subsection (8) (a) unless he or his spouse or minor child holds or has held
an interest, has received income or any other benefit with monetary value or
a loan, or has engaged in a transaction described therein.
(11) (a) Any person who willfully violates this section shall be
fined not more than $25,000 or imprisoned for not more than five years, or
bo th.
(b) Any person who makes a false statement or representation of a
material fact, knowing it to be false, or who knowingly fails to disclose a
- 11 - Ord. No. 68-74
13Q
material fact, in any document, report, or other information required under
the provisions of this section shall be fined not more than $25,000 or im-
prisoned for not more than five years, or both.
(c) Any person who willfully makes a false entry in or willfully
conceals, withholds, or destroys any books, records, reports, or statements
required to be kept by any provision of this section shall be fined not more
than $25,000 or imprisoned for not more than five years, or both.
(d) Each individual required to sign reports under this section -
shall be personally responsible for the filing of such reports and for any
statement contained therein which he knows or should know to be false.
(12) Whenever it shall appear that any person has violated or is
about to violate any of the provisions of this section, the commission may
bring a civil action for such relief (including injunctions) as may be appro-
priate. Any such action may be brought in any appropriate circuit court.
(13) Every officer, agent or representative of an employee organiza-
tion which seeks to represent employees and each person who assists such
organization in organizing, negotiations and other work of the organization
and the officers, agents and representatives of any organization with which
such organization is affiliated or associated, whether on a state or national
basis shall comply with the financial disclosure requirements currently in
effect for the elected officials of the public employer and shall file copies
of such reports with the commission.
(14) An employee organization which is not registered as provided in.
this section, is prohibited from doing any of the following:
(a) attempting to organize or solicit the employees of a public
employer, or,
(b) requesting recognition by a public employer, or
(c) submitting a petition requesting a representation election, or
(d) affiliating with any certified employee organization.
This prohibition shall be enforced by injunction upon petition of the commis-
sio~ to the appropriate circuit court.
(15) All reports required to be filed hereunder with the commission
shall also be filed with the City Manager. A failure to comply with this
provision shall be treated the same as a failure to file with the commission.
1.009 -- Certification of employee organization --
(1) Any employee organization which is designated or selected by a
majority of public employees in an appropriate unit as their representative
for purposes of collective bargaining shall request recognition by the publ
employer. If satisfied as to the majority status of the employee organiza-
tion and the appropriateness of the proposed unit, the public employer may
recognize the employee organization as the representative of employ, ees in the
designated unit. Upon recognition by a public employer, the employee organ-
ization shall inunediately petition the commission for certification. The
conm]ission shall review only the appropriateness of the unit proposed by the
employee organization. If the unit is the most appropriate according to the
criter~ % used in this ordinance, the commission shall immediately certify the
employee organization as the exclusive representative of all employees in the
unit. Provided that in determining whether a unit is appropriate the extent
-'12 - Ord. No. 68-74
13R
to which the employees have organized shall not be considered.
(2) If the public employer refuses to recognize the employee organ-
ization the employee organization may file a petition with the commission for
certification as the bargaining agent for a proposed bargaining unit. The
petition shall be accompanied by dated, sworn, separate statements signed by
at least thirty (30) percent of the employees in the proposed unit indicat-
ing that each such employee desires to be represented by the petitioning em-
ployee organization. Provided that any employee, employer or employee organ-
ization having reason to believe any of the employee signatures were obtaine~
by collusion, coercion, intimidation, misrepresentation, are over sixty (60)
days old when submitted, or are otherwise invalid, shall be given a reasona-
ble opportunity to verify and challenge the signatures and dates appearing or~
the petition.
(3) (a) The commission or one of its designated agents shall inves-
tigate the petition to determine its sufficiency; if it has reasonable cause
to believe that the petition is sufficient, the commission shall provide for
an appropriate hearing upon due notice. Such a hearing may be conducted by
an agent of the commission, who shall not make any recommendations with
respect thereto. If the commission finds upon the record of the hearing that
the petition is sufficient, it shall immediately:
1. Define the proposed bargaining unit and determine which public
employees shall be qualified and entitled to vote at any election held by the
commiss ion;
2. Identify the public employer or employers for purposes of
collective bargaining with the bargaining agent;
3. Order an' election by secret ballot.
(b) Where an employee organization is selected by a majority of the
employees in the designated unit, the commission shall certify the employee
org.anization as the exclusive collective bargaining representative of all
employees in the unit;
(c) In any election in which none of the choices on the ballot
receives the vote of a majority of the employees in the designated unit, a
run-off election shall be held according to rules promulgated by the commis-
sion. A run-off election shall be conducted only where a majority of the
employees in the designated unit vote in favor of two or more employee organ-
izations.
(d) No new'election may be conducted among any employees to deter-
mine a representative among such employees if any such employees have had an
opportunity to vote in a representation election within the preceding twelve
month period.
(4) In defining a proposed bargaining unit, the commission shall
take into consideration:
(a) The principles of efficient administration of government;
(b) The number of employee 'organization with which the employer
might k~ve to negotiate;
(c) The compatibility of the unit with the joint responsibilities of
the public employer and public employees to represent the public;
(d) The power of the officials of government at the level of the
- 13 - Ord. No. 68-74
!3S
unit to agree or make effective recommendations to other administrative
'authorities or legislative bodies with respect to matters of employment about
which the employee desires to negotiate;
(e) The organizational structure of the public employer;
(f) Community of interest among the employees to be included in the
unit, considering:
1. The manner in which the terms of employment are determined;
2. The method by which jobs and salary classifications are deter-
mined;
3. Interdependence of jobs and interchange of employees;
4. Desires of the employees;
5. The history of employee relations within the organization of th
public employer concerning organization and negotiation;
(g) The statutory authority of the public employer to administer a
classification and pay plan;
(h) Such other factors and policies as the commission may prescribe
by regulations or by its decisions; provided that no unit shall be estab-
lished or approved for purposes of collective bargaining which includes both
professional and non-professional employees unless a majority of each group
votes for inclusion in such unit.
(i) Provided, however, that no local employee organization shall be
certified pursuant to this section, unless the state, national and interna-
tional organizations with which such local employee organization is in any
way associated or affiliated are made parties to such certification; provided
further that if the state, national, and international organizations with
which the local employee organization is in any way associated or affiliated
execute an indemnity agreement with the public employer, then such joint
certification shall not be required. Such agreement shall provide such
state, national and international affiliated or associated organizations are
jointly and severally liable with the local employee organization seeking
certification pursuant to this section to the public employer for all dam-
ages, penalties or fines arising out of any violat.ion of any contract betweer
the public employer and the public employee organization and any other viola-
tions of this ordinance by the employee organization or the employees repre-
sented by the employee organization.
1.0091 -- Decertification of employee organization -- Upon the filin¢
with the commission, by an employee, group of employees or employee organiz'--
tion of a petition alleging that the bargaining authority of an incumbent
employee organization should be rescinded, which is supported by authoriza-
tion cards or other showing of interest on behalf of thirty (30) percent o~
more of the employees in the bargaining unit previously certified by the
commission pursuant to Section 1.009, or a.petition by an employer alleging
that the incumbent bargaining representative no longer represents a majority
of the employees in the unit, then the commission or one of its designated
~gents shall investigate the petition to determine its sufficiency; if it ha~
reasonable cause to believe that the petition is sufficient, the commission
shall provide for an appropriate hearing upon due notice. Such a hearing ma}
be conducted by an agent of the ~.ommission, who shall not make any recommend-
ation with respect thereto. If the commission finds upon the record of the
hearing that the petition is sufficient, it shall immediately take a secret
ballot of the employees in such. a unit and certify the results thereof to
- 14 - Ord. No. 68-74
such employees, employee organizations or to the employer.
1.010 -- Collective bargaining; approval or rejection --
(1) After an employee'organization.has been certified pursuant to
the provisions of this ordinance, the bargaining agent for the organization,
and the chief executive officer of the appropriate public employer or employ-
ers jointly shall bargain collectively in the determination of the wages,
hours and terms and conditions of employment of the public employees within
the bargaining unit. The chief executive officer, or his representative, and
the bargaining agent, or its representative, shall meet at reasonable times
and bargain in good faith. In conducting negotiations with the bargaining
agent, the chief executive officer or his representatives shall consult with,
and attempt to represent the views of the legislative body of the public em-
ployer. However, the chief executive officer or his representative shall not
be the agent of the legislative body and the legislative body shall not be
bound by any representations or commitments made by such chief executive of-
ficer during the course of negotiations or made at any other time. Any col-
lective bargaining agreement reached by the negotiators shall be reduced to
writing and such agreement shall be signed by the chief executive officer and
the bargaining agent for the empl. oyee organization; provided further, that if
such local employee organization is affiliated or associated with a state,
nationalor international organization, such state, national and international
organizations shall also be a party or parties signatory to such agreement
and shall be responsible to the pub'lic employer for any violation of the
agreement or any violation of this ordinance by the certified employee organ-
ization or employees in the bargaining unit. Any agreement signed by the
chief executive officer and the bargaining agent shall not be binding on the
public employer until such agreement has been ratified at a regularly sched-
uled or specially called meeting of the legislative body and by a vote of a
majority of the employees in the unit, subject to the provisions of subsec-
tions (2) and (3) of this section.
(2) Upon execution of the collective bargaining agreement, the chief
executive shall, in his annual budget request or by other appropriate means,
request the legislative body to appropriate such amounts as shall be suffi-
cient to fund the provisions of the collective bargaining agreement. If less
than the requested amount is appropriated, the collective bargaining agree-
ment shall be administered by the chief executive officer on the basis of the
amounts appropriated by the 'legislative body. The failure of the legislative
body to appropriate funds sufficient to fund the collective bargaining agree-
ment shall not constitute nor be evidence of any unfair labor practice.
(3) If any provision of a collective bargaining agreement is in con-
flict with any law, ordinance, rule, or regulation over which the chief exec-
utive officer has no amendatory power, the chief executive officer shall sub-
mit to the appropriate governmental body having amendatory power a proposed
amendment to such law, ordinance, rule or regulation. Unless and until such
~ul~endment is enacted or adopted and becomes effective, the conflicting pro-
visions of the collective bargaining agreement shall not become effective.
(4) If the agreement is not ratified by the public employer or is
disapproved by a vote of a majority of the employees in the unit, in accord-
ance with procedures adopted by t~:e commission, the agreement may be returned
to the chief executive officer and the employee organization for further
negotiations.
(5) Any collective bargaining agreement shall contain all of
terms and conditions of employment of the employees in the bargaining unit:
during such term, which shall be in substitution of all benefits, terms and
- 15 - Ord. No. 68-74
~3U
conditions provided for under any merit system, personnel policies, proce-
dures or manual, or in applicable merit and civil service rules and regula-
tions.
(6) Notwithstanding any other provision contained herein, neither
the legislative body nor any member thereof shall discuss with any employee
organization, its representatives or members any matter relating to collec-
tive bargaining, nor shall the legislative body ratify or approve any agree-
ment which has not been recommended by the chief executive officer, except -
under the circumstances set forth in Section 1.012(2)(c). Any action by th
legislative body to the contrary shall be null and void. Any member of the
legislative body who violates this subsection shall not be entitled to vote
on ratification of any collective bargaining agreement with any employee
organization, the officers, representatives or members of which have violated
the provisions of this subsection.
(7) Any person privy to any part of the collective bargaining proc-
ess in behalf of the public employer who reveals to any local, state or
national employee organization or any other person not privy to the collect-
ive bargaining process in the public employer's behalf any information con-
cerning the bargaining strategy, tactics, or goals of the public employer in
the collective bargaining process shall not be allowed to continue his parti-
cipation in the collective bargaining process in the public employer's
behalf. Furthermore, such person shall be subject to removal from office,
dismissal, suspension, reprimand, or other penalty as provided by law, and
if such person is a member of the legislative body, such person shall not be
entitled, to vote on ~~_~tion of any collective bargaining agreement. The
purpose of this subsection is to protect the integrity of the collective
bargaining process.
1.011-- Grievance procedures -- Each public employer and bargaining
agent shall have a grievance procedure to be used for the settlement of dis-
putes between employer and employee, or group of employees, involving the
interpretation or application of a collective bargaining agreement. Such
grievance procedure shall have as its terminal step a final and binding dis-
p6sition by an impartial neutral, mutually selected by the parties; provided,
however, that an arbitrator or other neutral shall not have the power to add
to, subtract from, modify or alter the terms of a collective bargaining
agreement. If an employee organization is certified as the bargaining agent
of a unit, the grievance procedure then in existence may be the subject of
discussion and any agreement which is reached shall supersede the previously
existing procedure. All public employees shall have the right to a fair an~t
equitable grievance procedure, administered without regard to membership ox
nonmembership in any organization. A career service employee shall have ti~
option of utilizing' the civil service appeal procedure or a grievance proc~.
dure established under this section, but such employee cannot use both a
civil service appeal and a grievance procedure and must elect which procedure
he desires to use, which election will be binding in ail future matters.
1.012 -- Resolution of impasses --
(1) If, after a reasonable period of negotiation concerning the
terms and conditions of employment to be incorporated in a collective bar-
gaining agreement, a dispute exists between a public employer and a bargain-
ing agent, or if no .agreement is reached within sixty (60) days after the
commencement of collective bargaining or at least seventy (70) days prior to
the budget submission date of the public employer, an impasse shall be deemed
to have occurred. Where an impasse occurs, the public employer, or the bar-
- 16 - Ord. No. 68-74
I3V
gaining agent or both parties acting jointly may appoint or secure the
appointment of a mediator to assist in the resolution of the impasse.
(2) If no mediator is appointed, or 'if the impasse is not' resolved
within sixty (60) calendar days prior to the budget submission date of the
public employer, the commission shall:
(a) Appoint a special master and submit all unresolved issues to a
special master acceptable to both parties. If the parties are unable to
agree on the appointment of a special master, the commission shall appoint,
in its discretion, a qualified special master. Provided that nothing in this
section shall preclude the parties from using the services of a mediator at
any time during the conduct of collective bargaining.
(b) The special master or masters shall hold hearings in order to
define the area or areas of dispute, to determine facts relating to the
dispute and to render a decision on any and all unresolved contract issues.
The hearings shall be held at times, dates, and places to be established by
the special master or masters in accordance with rules promulgated by the
commission. The special master or masters shall be empowered to administer
oaths and issue subpoenas on behalf of the parties to the dispute or on their
own behalf. Within twenty (20) calendar days after final hearings, the com-
mission shall transmit the recommended decision of the special master or
masters to the representatives of both parties, which decision shall be dis-
cussed further by the parties in negotiations and shall be deemed approved by
both parties unless either party, by formal action, rejects the decision
within fifteen (15) calendar days of the transmission of the decision to the
parties.
(6) In the event that either the public employer or the employee
organization does not accept in whole or in part the recommendations of the
special master or masters, (i) the chief executive officer of the public
employer or the governmental unit or subdivision thereof involved shall,
within ten (10) days after receipt of the findings of fact and recommenda-
tions of the special master or masters, submit to the legislative body of the
public employer or the governmental unit or subdivision thereof involved a
copy of the findings of fact and recommendations of the special master or
masters, together with their recommendations for settling the dispute; (ii)
the employee organization may submit to such legislative body its recommenda-
tions for settling the dispute; (iii) the legislative body or a duly author-
ized committee thereof shall forthwith conduct a public hearing at which the
parties shall' be required to explain their positions with respect to the
report of the fact-finding board; and (iv) 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, the interest of the taxpayers
the 'impact on other employees, the impact upon organizational efforts by
other employee organizations, the impact on the nature or quality of the
public services prowided by the employer. .The public employer may, if it
decides that the action is in the best interest of the public, enter into a
contract with another employer, private or public, to provide public services
rather than agree to reconm~endations which the employer deems unreasonable
and not in the best interests of the taxpayers and the public employees
involved.
1.013 -- Factors to be considered by the special master --
The special master shall conduct the hearings and render his recommendation
with the objective of achieving a prompt, peaceful and just settlement of
disputes between the public employoe organizations and the public employer.
- 17 - Ord. No. 68-74
13W
The factors, among others, to be given weight by the special master in
arriving at a recommendation shall include:
(1) Comparison of ~he total economic benefits of employment of the
public employees in question with the total economic benefits of employment
maintained for the same or similar work of employees exhibiting like or
similar skills under the same or similar working conditions in the local
operating area.
(2) Comparison of the total economic benefits of employment of the
public employees in questions with the total economic benefits of employmen
of public employees in other political subdivisions of similar size, condi--
tion, means, location and composition of citizens within a radius of 200
miles.
(3) Interest and welfare of the public.
(4) Comparison of peculiarities of employment in regard to other
trades or professions, specifically:
(a) Hazards of employment;
(b) Physical qualifications;
(c) Educational qualifications;
(d) Intellectual qualifications;
(e) Job training and skills;
(f) Retirement plans;
(g) 'Sick and annual leave; and
(h) Job security.
(i) Availability of funds.
(5) The interest of the taxpayers, the impact on the other employees
of the employer, the impact upon organizational efforts by other unions, and
the impact on the nature or quality of the public services provided by the
employer. The public employer may if it decides that the action is in the
best interest of the public, enter into a contract with another employer,
private or public, to provide public services rather than agree to recommen-
dations which the employer deems unreasonable and not 'in the best interest of
the taxpayers and the public employees involved.
1.014 -- The compensation, if any, of the mediator, shall be borne by
the party or parties requesting or securing his appointment. The compensa-
tion, if any, of the special master shall be borne equally by the parties.
All stenographic and other expenses will be divided equally between the par-
ties.
1.015 -- Records -- All records which are relevant to or have bear.~
upon any issue or issues raised by the proceedings conducted by the special
master may be made available to the special master by the request in writing
of any of the parties to the fact-finding. The party requesting production
shall bear any expense associated in making such document or documents avail-
able to the special master.
1.016 --Unfair labor practices --
(1) Public employers or their agents or represe~tatives are prohib-
ited from:
(a) Interfering with, restraining, or coercing public employees in
the exercise of any rights guaranteed them under this ordinance;
- 18 - Ord. No. 68-74
13X
(b) Encouraging or discouraging membership in any employee organiza-
tion by discrimination in regard to hiring, tenure, or other conditions of
employment;
(c) Refusing to bargain collectively or failing to bargain collect-
ively in good faith or refusing to sign a final agreement agreed upon with
the certified bargaining agent for the public employees in the bargaining
unit;
(d) Discharging or discriminating against a public employee because
he has filed charges or given testimony under this ordinance;
(e) Dominating, interfering with, or assisting in the formation,
existence, or administration of any employee organization, or contributing
financial support to such an organization; provided however, that such con-
duct shall not be deemed to include public employer acts of cooperation,
courtesy, kindness, or generosity designed to create an atmosphere of good
will or evincing a desire to maintain amicable relations with such labor
organization including the participation with such labor organization in
committees for purposes such as those of a social, civil, athletic, or musi-
cal nature. It shall not be an unfair labor practice for a public employer
to furnish public facilities and allow such committees to meet during workin¢
time.
(f) Refusing to discuss grievances in good faith, pursuant to the
terms of the collective bargaining agreement with either the certified bar-
gaining agent or the pub].ic employee or employees involved.
(2) A public employee organization or anyone acting in its behalf,
its officers, representatives, agents or members are prohibited from:
(a) Interfering with, restraining, or coercing public employees in
the exercise of any rights guaranteed them under this ordinance; or from
interfering with, restraining or coercing managerial or supervisory employees
by reason of their performance of job duties or other activities undertaken
in the interests of the public employer.
(b) Causing or attempting to cause a public employer to discriminate
against an employee because of the employee's membership or nonmembership in
an employee organization or to attempt to cause the public employer to vio-
late any of the provisions of this ordinance;
(c) Refusing to bargain collectively or failing to bargain collect-
ively in good faith with a public employer;
(d) Discriminating against an employee because he has signed or
filed an affidavit, charge, or petition, or given any information or testi-
mony in any proceedings provided for in this ordinance;
(e) Participating in a strike against the public employer by insti-
gating or supporting, in any positive manner, a strike. Any violation of
this section shall subject the violator to the penalties provided in this
ordinance.
(f) Instigating or advocating support, in any positive manner, for
an employee organization's activities from high school or grade school stu-
dents, or institutions of higher learning.
- 19 - Ord. No. 68-74
(3) Notwithstanding the provisions of subsections (1)~ and (2), the
parties' rights of free speech shall not be infringed upon and the expression
of any argument or opinions shall not constitute or be evidence of an unfair
employment practice or of any other violation of this ordinance, if such
expression contains no promise of benefits, nor threat of reprisal or force.
1.017 -- Charges of unfair labor practices -- Violations of the
Provisions of Section 1.016, shall be remedied by the commission in the
following manner:
(1) Whenever it is charged by an employer, an employee organizatio!
or an employee that any person has engaged in or is engaging in any unfair
labor practice, the commission, or any agent designated by the commission f¢
such purpose, shall conduct a preliminary investigation to determine if there
is substantial evidence indicating a prima facie violation of the applicable
unfair labor practice provision.
(2) If, upon a preliminary investigation, it is determined that
there is not substantial evidence indicating a prima facie violation of the
applicable unfair labor practice provision, the designated agent of the
commission shall dismiss the charge.
(3) A charging party whose charge is thus dismissed, may appeal to
the chairman and one other member of the commission, and if they find sub-
stantial evidence of a meritorious charge, that charge shall be reinstated
and served pursuant to the procedures of paragraph (a) of this section.
(a) If the commission or its agent determines th.~t there is substan-
tial evidence indicating a prima facie violation the commission or such agent
shall issue and cause to be served upon the person, a copy of the charges and
a notice of hearing before the commission or a member thereof, or before a
designated agent, at a place therein fixed, to be held not less than ten (10)
days after service of ~ copy of the charges by the commission. Any charge
may be amended by the charging party, at any time prior to the issuance of an
order based thereon, provided that the charged party is not unfairly preju-
diced thereby. The person upon whom the charge is served may file an answer
to the charge. The charging party and the respondent shall have the right to
appear in person or otherwise and give testimony at the place and time fixed
in the notice of hearing. In the discretion of the member or agent conduct-
ing the hearing, or the commission, any other person may be allowed to inter-
vene in the proceeding and to present testimony. In any hearing the commis-
sion shall not be bound by the judicial rules of evidence.
(b) Whenever a charging party alleges that a person has engaged in
unfair labor practices and that he will suffer substantial and irreparable
injury if he is not granted temporary relief, the commission may petition t
circuit court for appropriate injunctive relief, pending the final adjudica-
tion by the commission with respect to such matter. Upon the filing of any
such petition, pursuant to Chapter 74-100, Laws of Florida, the court shall
cause notice thereof to be served upon the parties, and thereupon shall have
jurisdiction to grant such temporary relief or restraining order as it deems
just and proper.
(4) The testimony taken by the member, agent, or the commission
shall be reduced to writing and filed with the commission. Thereafter the
commission, upon notice, may take further testimony or hear argument.
(a) If, upon consideration of all evidence taken, the commission
finds substantial evidence that an unfair labor practice has been committed,
- 20 - Ord. No. 68-74
13Z
then it shall state its findings of fact and shall issue and cause to be
served an order requiring the respondent party to cease and desist from the
unfair labor practice, and to take such positive action, including reinstate-
ment of employees with or without back pay, as will effectuate the policies
of this ordinance. The order may further require the person to make reports
from time to time showing the extent to which he has complied with the order.
(b) If, upon consideration of the evidence taken, the commission
finds that the person or entity named in the charge has not engaged in and
is not engaging in the unfair labor practice, the commission shall state its
findings of fact and shall issue an order dismissing the charge.
(c) No notice of hearing shall be ~ssued based upon any unfair labor
practice occurring more than six (6) months prior to the filing of the charge
with the commission, unless the person aggrieved thereby was prevented from
filing the charge by reason of service in the armed forces, in which event,
the six (6) month period shall be computed from the day of his discharge.
(d) No order of the commission shall require the reinstatement of
any individual as an employee who has been suspended or discharged, or the
payment to him of any back pay, if the individual was suspended or discharged
for cause.
(e) The commission shall have exclusive jurisdiction with respect to
all matters which arguably may constitute an unfair labor practice. When a
charge is filed with the commission alleging that an unfair labor practice
has occurred, the commission shall hear and determine such dispute and its
determination shall be final and binding with respect to the entire dispute
subject to the appeal procedures set forth herein. Provided, however, that
the jurisdiction of the commission shall not be exclusive with respect to
Section 1.016(2)(b) hereof and the remedies provided in Sections 1.018, 1.019
and 1.020 hereof.
(5) Chapter 74-100, Laws of Florida empowers the district courts of
appeal upon the filing of an appropriate petition, to review final orders of
the commission. Until the record in a case has been filed in the appropriate
district court of appeal, the commission at any time, upon reasonable n~tice
and in such manner as it deems proper, may modify or set aside, in whole or
in part, any findings or order made or issued by it.
(6) (a) The commission may petition for enforcement of the order and
for appropriate injunctive relief, and shall file the record of the proceed-
ings before the commission in the distr~ct court of appeal.
(b) Upon the filing of the petition, the appropriate district court
of appeal pursuant to Chapter 74-100, Laws of Florida, shall cause notice
thereof to be served upon the respondent, and thereupon shall have jurisdic-
tion of the proceeding and shall grant such temporary or permanent relief or
restraining order as it deems just and proper, enforcing, modifying., or set-
ting aside in whole or in part the order of the commission. Pursuant to
Chapter 74-100, Laws of Florida, no objection that has not been urgcd before
the commission, its members or agent, shall be considered by the district
court of appeal, unless the failure or neglect to urge the objection is
excused~ because of extraordinary circumstances. The findings of the commis-
sion, with respect to questions of fact, if supported by substantial evidence
on the record considered as a whole, shall be conclusive.
(c) If either party applies to the court for leave to present addi-
- 21 - Ord. No. 68-74
13AA
tional evidence and shows to the satisfaction of the court that the add'ition-
al evidence is material and that there were reasonable grounds for the ~f~il-
ure to present it in the hearing before the commission, its members or agent,I
pursuant to Chapter 74-100, Laws of Florida, the court may order the addi-
tional evidence to be taken before the commission, its members or agent, and
to be made a part of the record. The commission may modify its findings as
to the facts, or make new findings, by reason of additional evidence so taken
and filed, and it shall file the modifying or new findings, which findings,
with respect to questions of fact if supported by substantial evidence on the
record considered as a whole shall be conclusive, and shall file its recom- -.
mendations, if any, for the modification or setting aside of its original
order.
(d) Upon the filing of the record, pursuant to Chapter 74-100, Law~
of Florida, the jurisdiction of the court shall be exclusive and its judgment
and decree shall be final, except that the same shall be subject to review
in accordance with the rules of appellate procedure. An appropriate district
court of appeal may enforce its rulings by contempt proceedings, if necessar~z
(7) Any person aggrieved by a final order of the commission granting
or denying in whole or in part the relief sought, pursuant to Chapter 74-100,
Laws of Florida, may obtain a review of such order by filing in the appro-
priate district court of appeal a petition praying that the order of the
co~ission be modified or set aside. A copy of the petition shall be filed
with the commission. Thereupon, the aggrieved part shall file in the court
the record in the proceeding certified by the commission. Upon the filing of
the petition, the court shall proceed in the same manner as under subsection
(5) and shall grant to the commission such temporary relief or restraining
order as it deems just and proper, enforcing, modifying or setting aside, in
whole or in part, the order of the commission. The findings of the commis-
sion with respect to questions of fact, if supported by substantial evidence
on the record considered as a whole, shall be conclusive.
(8) The commencement of proceedings under subsection (5) or (6)
shall not, unless specifically ordered by the district court of appeal, oper-
ate as a stay of the commission's order.
(9) Pursuant to Chapter 74-100, Laws of Florida, petitions filed
under this ordinance shall be heard expeditiously by the district court of
appeal to which presented, and shall take precedence over all other c~vil
matters except prior matters of the same character.
1.018 -- Strikes prohibited -- No public employee or employee organ-~
ization may participate in a strike against a public employer by instigatin.
or supporting, in any manner, a strike. Any violation of this section shal
subject the violator to the penalties provided for herein and under state
law.
1.019 -- Violation of strike prohib~ition; penalties -~
(1) Circu.~t cou~ts having jurisdiction of the part,es are vested
with the authority to hear anu determine all actions alleging violations of
this ordinance and/or of Section 447.018, Florida Statutes. Suits to enjoin
violations of this ordinanceand/~r of Section 447.018, Florida Statutes,
will have priority over all matters on the court's docket except other
emergency matters.
(2) (a) If a public employee, a group of employees, an employee
organization, or any officer, agent, or representative of any employee organ-
ization, engages in a strike in violation of this ordinance and/or of Section
- 22 - Ord. No. 68-74
13BB
447.018, Florida Statutes, the con~aission or any public employer whose em-
ployees are involved or whose employees may be affected by the strike, or any
individual who may be affected by the strike, may file suit to enjoin the
strike in the circuit court hav-~.ng proper jurisdiction and proper venue of
such actions under the Flcrida Rules of Civil Procedure and the Florida
Statutes. The circuit court shall conduct a hearing, which may be ex parte,
with notice sent to all interested parties where possible at the earliest
practicable time. If the plaintiff makes a prima facie showing that a vio-
!ation of this ordinance and/or of Section 447.018, Florida Statutes is in
progress or that t'here is a present danger that such a strike is about to
commence, the circuit court shall issue a temporary injunction enjoining the
strike. The plaintiff may also petition for, and the court may grant, other
appropriate temporary relief or restraining order. Upon final hearing, the
circuit court shall either make the injunction permanent or dissolve it.
(b) The occurrence of a strike and the participation therein by an
employee do not affect the rights given to the employer to deal with the
strike, including:
1. The right to impose discipline, including discharge, or suspen-
sion without pay, of any employee participating therein;
2. The right to cancel the reinstatement eligibility of any
employee engaging therein; and
3. The right of the employer to request the imposition of fines,
either against the employee organization or the employee engaging therein,
or to sue for damages because of such strike activity.
(3) If an injunction issued pursuant to this section to enjoin a
strike is not promptly complied with, on the application of the plaintiff or
any affected party, the circuit court shall immediately initiate contempt
proceedings against those who appear to be in violation. An employee organ-
ization or employee found by the preponderance of the evidence to be in con-
tempt of court for violating an injunction against a strike shall be fined
an amount deemed appropriate by the court. In determining the appropriate
fine, the court shall objectively consider the ext~nt of lost services and
the particular nature and position of the employee group in violation. The
fine shall not exceed five thousand dollars ($5,000) ~ unless the court, after
considering the particular nature and position of the public employee organ-
ization involved, and the nature of the strike and damage and inconvenience
caused the public, finds that a larger fine is appropriate. Each officer,
agent, representative of an employee organization or anyone acting in its
behalf found to be in contempt of court for violating an injunction against
a strike, shall be fined not less than fifty dollars ($50.00) nor more than
one 'hundred ($100.00) dollars for each calendar day that the violation is in
progress unless the court finds under the standards set forth above, that a
larger fine is appropriate.
(4) An employee organization and an international or parent organi-
zation with which it is affiliated shall be liable for any da~l~ages which
might be suffered by a public employer as a result of a violation of this
ordinance and/or the provisions of Section 447.018, Florida Statutes, by the
employee organization or its re~£esentatives, officers and agents or the
employees represented by the employee organization. The circuit court hav-
ing jurisdiction over such actions is empov~ered to enforce judgements against
employee organizations, as defined in this ordinance, by attachment or garn-
ishment of union initiation fees or dues which are to be deduched or checked
- 23 - Ord. No. 68-74
13CC
off by public employers. The trier of fact m~y take into consideration any
damages that might have been recovered by the public employer under subsec-
tion 6(a)4 of this Section.
(5) If the cor~nission after a hearing on notice conducted' according
to rules promulgated by the commission determines an employee 'has violated
the provisions of this ordinance and/or Section 447.018, Florida Statutes, it
shall order the termination of his emplo~anent by the public employer. Not-
withstanding any other provision of law, a person knowingly violating the
provisions of such sections may, subsequent to such violation be appointed ~
reappointed, employed or reemployed, as a public employee, but only upon th
following conditions:
(a) Such person shall be on probation for a period of one (1) year
following his appointment or reappointment, employment or reemployment,
during which period he shall serve without tenure;
(b) His compensation may in no event exceed that received by him
immediately prior to the time of the violation;
(c) The compensation of the person may not be increased until after
the expiration of two (2) years from such appointment or reappointment, em-
ployment or reemployment.
(6) (a) If the commission determines an employee organization has
violated the provisions of this ordinance and/or Section 447.018, Florida
Statutes, it may:
1. ~Issue cease and desist orders as necessary to insure compliance
with its order.
2. Suspend or revoke the certification of the employee organization
as the bargaining agent of such employee unit.
3. Revoke the privilege of check-off of dues deduction and collec-
tion previously granted to the employee organization.
4. Fine the organization and any state, national, international or
parent organization with which it is affiliated up to 'twenty thousand dollars
($20,000) for each calendar day of such violation or determine the approxi-
mate cost to the public due to each calendar day of the strike and fine the
organization an amount equal to such cost, notwithstanding the fact that the
fine may exceed twenty thousand dollars ($20,000) for each such calendar day.I
The fines so collected shall immediately accrue to the public employer and I
shall be used by it to replace those services denied the public as a result
of the strike. In determining the amount of damages, if any, to be awarded-hi
to the public employer, the commission 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.
(b) An organization determined to be in violation of the provisions
of this ordinance and/or Section 447.018, Florida Statutes, and any state,
national, international affiliate or subordinate local in any way associated
wit]] suc]l organization shall not be certified until one (1) year from the
date of final payment of any fine against it.
(7) Pursuant to Chapter 74-100, Laws of Florida, orders of the
commission pursuant to this section are reviewable in the district ~°urt of
' appeal and may be enforced by such court.
1.020 -- Other unlawful acts --
- 24 - Ord. No. 68-74
13DD
(1) Employee organizations, their members, agents, representatives,
or any person acting on their behalf are hereby prohibited from:
(a) Soliciting public employees during working hours of any employee
who is involved in the solicitation,
(b) Distributing literature during working hours in areas where the
actual work of public employees is performed, such as offices, warehouses,
schools, police stations, fire stations and any similar public installations.
This section shall not be construed to prohibit the distribution of litera-
ture during the employee's lunch hour or in such areas not specifically
devoted to the performance of the employee's official duties.
(c) Instigating or advocating support, in any positive manner, for
an employee organization's activities from high school or grade school
students during classroom time.
(d) Omitting to perform or performing any act the results of which
are detrimental to the best interests of that segment of the public on whose
behalf the employer has a duty to serve.
(2) No employee organization shall directly or indirectly pay any
fines or penalties assessed against individuals pursuant to any of the pro-
visions of this ordinance.
(3) The commission and the circuit courts of this state shall have
jurisdiction to enforce the provisions of this section by injunction and
contempt proceedings, if necessary. A public employee who is convicted of a
violation of any provision of this section may be discharged or otherwise
disciplined by his public ~nployer, notwithstanding further provisions of
law, and notwithstanding the provisions of any collective bargaining agree-
ment.
1.021 -- Merit or civil service system; applicability --
(a) The provisions of this ordinance shall not be construed to
repeal, amend, or modify the provisions of any law or ordinance establishing
a merit or civil service system for public employees or the rules and regu-
lations adopted pursuant thereto; or to prohibit or hinder the establishment
of other such personnel systems unless the provisions of such merit or civil
service system laws, ordinances or rules and regulations adopted pursuant
thereto are in conflict with the provisions of this ordinance in which event
such laws, ordinances, or rules and regulations shall not apply, except'as
provided in ~1.006(3).
(b) Where an employee organization is designated as bargaining agent
by a unit of employees which is determined to be appropriate by the commis-
sion, then such unit of employees shall be entitled to the benefits of col-
lective bargaining and shall enjoy the wages, hours and working conditions
and other terms of employment negotiated between the bargaining agent and the
public employer upon ratification of such collective bargaining agreement by
the employees' in the unit; provided further that upon ratification of any
such collective bargaining agreement by a vote of a majority of the employees
in the unit, any merit system, personnel manual and any merit or civil serv-
ice system shall henceforth be deemed inapplicable to such unit employees.
1.022 -- Existing agreements -- Ali. public employee agreements now ir
existence shall remain in effect for ninety (90) days and continue there-
after for their term so long as the public employee organization complies
with ail the requirements of this ordinance within such ninety (90) day
period. Should the employee organization fail to comply with all of the
requirements of thiJ ordinance, then such agreement shall be deemed to be
void, unless the public employer petitions the commission to permit the
- 25 - Ord. No. 68-74
13EE
agreement to remain in effect.
1.023 -- Government in the sunshine -- The provisions of ~447.023,
Florida Statutes are adopted as a part of this ordinance.
1.024 -- Severability -- It is declared to be the legislative intent
that the provisions of this ordinance are severable. If any section, sub-
section, sentence, clause or provision is found to be unconstitutional or
invalid for any reason, the same shall not affect the remaining provisions~
of this ordinance.
1.025 -- Review of commission rules -- The legislative body of the
public employer shall retain the right to approve, amend or rescind all rul
promulgated by the co~unission pursuant to this ordinance. In the absence of
legislative action to the contrary, all rules shall have full force and
effect upon their approval by the commission.
1.026 -- Conflicting ordinances and resolutions repealed -- All
ordinances and resolutions or parts of ordinances or resolutions in conflict
herewith are hereby repealed ~to the extent of such conflict.
1.027 -- Effective date -- This ordinance shall take effect upon sub-
mission by the City of Delray Beach of an application for review and approval
of this ordinance to the Florida Public Employees Relations Commission, or /
February 10, 1975, whichever is later. This ordinance shall remain in effec~
pending approval by the Florida Public Employees Relations Commission and ~
during any review of the validity of this ordinance or any part hereof by th~
conm~ission and the courts and pending a final decision by the appropriate~
court of ultimate jurisdiction. Any amendment hereto shall take effect upon
submission by the City of Delray Beach of an application for review and
approval of .such amendments to the Florida Public Employees Relations Commis
sion, or the effective date of the amendment, whichever is later. Such
amendments shall be effective pending approval by the Florida Public Employ-
ees Relations Commission and during any review of the validity of such amend-
men.ts or any part thereof by the commission and the courts and pending a final
decision by the appropriate court of ultimate jurisdiction.
PASSED AND ADOPTED in regular session on second and final reading on
this the 13th day of January. , 1975.
ATTEST:
C i ty~C~ e'rk
Firs~. Reading. December 23, 1974
Second Reading January 13, 1975 .......
Legal in form
City A~ttorney
- 26 - ORD. No. 68-74
13FF
RESOLUTION NO. 4-75.
A RESOLUTION OF TItE CITY COUNCIL OF THE CITY OF
DELIb%Y BEACH, FLORIDA, AUTHORIZING NEGOTIATION OF
A CONTRACT FOR GRADING AND PAVING TtIE NORTIIERLY
EXTENSION OF ROOSEVELT AVENUE TO LAKE IDA ROAD
(APPROXIMATELY 380'), CITY OF DELI~AY BEACH, FLORIDA.
WHE}~AS, it is the recommendation of the City Manager that the
Council, acting by authority of provisions of Section 78 of the City's
Charter award a contract for grading and paving the northerly extension of
~Roosevelt Avenue to Lake Ida Road (approximately 380'), City of Delray
Beach, Florida; and,
WHEREAS, four quotations were requested, but only two quotations
were submitted in the amount of:
Carr Soil & Sod - Driveways $7,717.50
Delray Beach, Florida
Hardrives of Delray, Inc. 8,000.00
Delray Beach, Florida
Rubin ConstructiOn Company No quotation
West Palm Beach, Florida
Oneman Engineering No quotation
Delray Beach, Florida
WHEREAS, the City Engineering Office certifies the quoted prices to be
reasonable and the City ~4anager recommends that the City of De!ray Beach
enter into a contract with Carr Soil & Sod - Driveways of Delray Beach,
to grade and pave the northerly extension of Roosevelt Avenue to Lake
Road (approximately 380'), which company submitted the lowest quotation in
the amount of $7,717.50; and,
WHEREAS, it is the Council's opinion that the award of this contract
would be in the best interest of the City,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DE~RAY BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That said contract for grading and paving the northerly
extension of Roosevelt Avenue to Lake Ida Road (approximately 380'), be
awarded to Carr Soil & Sod - Driveways, City of Delray Beach, Florida, in
the amount of $7,717.50.
SECTION 2. That this improvement shall be funded with money from
Proposal Number 4 of the 1974 General Obligation Bond~ Issue.
PASSED.AND ADOPTED in regular session on this the 13th day of
January, 1975.
ATTEST'
- - .,/ C~y Clerk
14