§ 35.032. PUBLIC EMPLOYEES RELATIONS COMMISSION.

(A)

(1)

[Commission created.] There is created and established the Public Employees Relations Commission, hereinafter referred to as the Commission.

(a)

The Commission shall be composed of three (3) members and one alternate to be appointed by the City Commission. Members of the local Commission established pursuant to this division shall be appointed so that the composition of the local Commission is as follows: One appointee who is a person who, on account of previous vocation, employment or affiliation, is, or has been, classified as representative of employers; one appointee who is a person who, on account of previous vocation, employment or affiliation, is, or has been, classified as representative of employees or employee organizations; and all other appointees, including alternates, shall be persons who on account of previous vocation, employment or affiliation, are not or have not been classified as representative of employers or of employees or employee organizations.

(b)

The City Commission shall designate one member as Chairperson.

(c)

The Chairperson and all members of the local Commission shall be appointed for four-year staggered terms.

(d)

Neither the Chairperson nor any member shall be employed by, or hold any Commission with, any governmental unit in the State or any employee organization while serving in that office.

(e)

A vacancy for the unexpired term of a member shall be filled in the same manner as herein provided for an original appointment.

(f)

The presence of three (3) members shall constitute a quorum of any called meeting of the Commission.

(g)

The Commission in the performance of its duties and powers under this subchapter shall not be subject to the control, supervision or direction by the City Manager or City Commission.

(2)

The Chairperson and the remaining members of the Commission shall devote their time as is necessary to the performance of their duties hereunder, and shall be compensated as established by resolutions adopted by the City Commission from time to time. The Chairperson and other members shall also be reimbursed for reasonable expenses under this chapter as provided for in F.S. Section 112.061. The Chairperson shall be responsible for the administrative functions of the Commission and upon authorization by the City Commission shall have the authority to employ personnel as may be necessary to carry out the provisions of this subchapter. The Chairperson shall also have the authority to call the alternate Commissioner to serve during those times as the alternate Commissioner's presence is necessary to complete a quorum for the conduct of City Commission business. Until that time as the Commission has submitted a budget which is funded by the City Commission, the Commission shall, upon request of the Chairperson to the City Manager, have its fiscal needs provided for by appropriations from the unappropriated surplus.

(B)

Powers and Duties.

(1)

After public hearing, the Commission shall adopt, promulgate, amend or rescind those rules and regulations as it deems necessary and administratively feasible to carry out the provisions of this subchapter, in accordance with F.S. Chapter 120. Prior to adoption of rules and regulations by the Commission, the Commission shall apply the effective rules and regulations, promulgated by the Public Employees Relations Commission of this State, as amended.

(2)

To accomplish the objectives and to carry out the duties prescribed by this subchapter, 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 administer oaths and affirmations.

(3)

In cases of neglect or refusal to obey a subpoena issued to any person, the circuit court of the county in which the investigations or the public hearings are taking place, and upon application by the Commission, may issue an order requiring that person to appear before the Commission and produce evidence about the matter under investigation. A failure to obey that 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 subchapter shall be served personally or by certified mail. A return made and verified by the individual making the service and setting forth the manner of that 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 subchapter 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 lists of other qualified persons who are not employees of the Commission and may initiate dispute resolution procedures by special masters pursuant to the provisions of this subchapter.

(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 appropriate for purposes of collective bargaining and investigate charges of unfair labor practices, and violations of Section 35.047(A) by public employees.

(7)

The Commission shall provide by rule a procedure for the filing and prompt disposition of petitions for a declaratory statement as to the applicability of any statutory provision or any rule or order of the Commission. This rule shall provide for, but not be limited to, an expeditious disposition of petitions posing questions relating to potential unfair labor practices. Commission disposition of petitions shall be final agency action.

(Code 1980, §§ 20-3, 20-4; Am. Ord. No. 74-77, passed 12/12/77; Am. Ord. No. 70-79, passed 10/8/79; Am. Ord. No. 66-80, passed 11/25/80)