Delray Beach |
Code of Ordinances |
Title 3. ADMINISTRATION |
Chapter 35. EMPLOYEE POLICIES AND BENEFITS |
PUBLIC EMPLOYEE RELATIONS |
§ 35.052. REVIEW OF COMMISSION RULES.
(A)
(1)
The legislative body of the public employer in accordance with F.S. Sections 447.603(4) and 120.545, shall examine each rule proposed pursuant to this subchapter by the Public Employees Relations Commission except for emergency rules adopted pursuant to F.S. Section 120.54(9), together with its accompanying material, and may examine any existing rule, for the purpose of determining whether:
(a)
The rule is within the statutory authority upon which it is based;
(b)
The statutory authority for the rule has been repealed;
(c)
The rule reiterates or paraphrases statutory material;
(d)
The rule is in proper form; and
(e)
The notice given prior to its adoption was sufficient to give adequate notice of the purpose and effect of the rule.
(2)
If the legislative body objects to a proposed or existing rule, it shall, within five (5) days of the objection, certify that fact to the Commission and include with the certification a statement detailing its objections with particularity.
(B)
Within thirty (30) days of receipt of the objection the Commission shall:
(1)
If the rule is a proposed rule:
(a)
Modify the rule to meet the objection of the legislative body;
(b)
Withdraw the rule in its entirety; or
(c)
Refuse to modify or withdraw the rule.
(2)
If the rule is an existing rule:
(a)
Notify the legislative body that it has elected to amend the rule to meet the legislative body's objection and initiate the amendment procedure;
(b)
Notify the legislative body that it has elected to repeal the rule and initiate the repeal procedure; or
(c)
Notify the legislative body that it refuses to amend or repeal the rule.
(C)
If the Commission elects to modify a proposed rule to meet the objection of the legislative body, it shall make only those modifications as are necessary to meet the objection and shall resubmit the rule to the legislative body. The Commission shall give notice of its election to modify a proposed rule to meet the objection of the legislative body by publication in the first available issue of a newspaper of general circulation in the affected area, but shall not be required to conduct a public hearing. If the Commission elects to amend an existing rule to meet the objection of the legislative body, it shall notify the legislative body in writing and shall initiate the amendment procedure by giving notice in the next available issue of a newspaper of general circulation in the affected area. The legislative body shall give priority to rules so modified or amended when setting its agenda.
(D)
If the Commission elects to withdraw a proposed rule as a result of an objection by the legislative body, it shall notify the legislative body, in writing, of its election and shall give notice of the withdrawal in the next available issue of a newspaper of general circulation in the affected area. The rule shall be withdrawn without a public hearing, effective upon publication of the notice in the newspaper. If the Commission elects to repeal an existing rule as a result of an objection by the legislative body, it shall notify the legislative body, in writing, of its election and shall initiate rule-making procedures for that purpose by giving notice in the next available issue of a newspaper of general circulation in the affected area.
(E)
If the Commission elects to amend or repeal an existing rule as a result of an objection by the legislative body, it shall complete the process within ninety (90) days after giving notice in the newspaper.
(F)
Failure of the Commission to respond to an objection of the legislative body to a proposed rule within the time prescribed in division (B) shall constitute withdrawal of the rule in its entirety.
(G)
Failure of the Commission to respond to an objection of the legislative body to an existing rule within the time prescribed in division (B) shall constitute a refusal to repeal the rule.
(H)
If the legislative body objects to a proposed or existing rule and the Commission refuses to modify, amend, withdraw, or repeal the rule, the legislative body shall file with the State Public Employees Relations Commission a notice of the objection, detailing with particularity its objection to the rule.
(I)
All rules, including all amendments, additions, or deletions of rules adopted by the Commission, shall have full force and effect upon their approval by the State Public Employees Relations Commission.
(Code 1980, § 20-25; Am. Ord. No. 74-77, passed 12/12/77; Am. Ord. No. 70-79, passed 10/8/79; Am. Ord. No. 10-81, passed 3/10/81)