4/3/2017 4:09:27 PM
10/5/2015 8:53:26 AM
Agenda Item Number
House Bill 417 (HB417) and Senate Bill 610 (SB610)
Sheriff, Tax Collector, Property Appraiser, Supervisor of Elections and
Clerk of the Circuit Court as the Legislative Body of their respective
employees and not the Board of County Commissioners
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004 <br />A RESOLUTION OF THE BOARD OF COUNTY <br />COMMISSIONERS OF INDIAN RIVER COUNTY, <br />FLORIDA SUPPORTING A BILL TO IDENTIFY THE <br />SHERIFF, TAX COLLECTOR, PROPERTY APPRAISER, <br />SUPERVISOR OF ELECTIONS AND CLERK OF THE <br />CIRCUIT COURT AS THE LEGISLATIVE BODY OF <br />THEIR RESPECTIVE EMPLOYEES AND NOT THE <br />BOARD OF COUNTY COMMISSIONERS <br />WHEREAS, the Board of County Commissioners of Indian River County, <br />Florida, has made the following determinations: <br />1. Several years ago, the Florida Supreme Court reversed long-standing <br />precedent by finding that constitutional office's deputies are entitled to engage <br />in collective bargaining. <br />2. Currently, two Florida Sheriffs (Clay County and Pasco County) have been <br />immediately impacted by the Public Employees Relations Commission <br />(PERC) decision regarding the negotiation's impasse with the Fraternal Order <br />of Police. <br />3. Both suits are from a situation in which a union has questioned the existing <br />impasse resolution language in F.S. 447.203(10) because it contains a <br />requirement that a "Legislative Body," in these cases, a constitutional officer, <br />have, among other requirements, the authority to appropriate funds. <br />4. Based on the PERC ruling regarding impasse negotiation, the Sheriff of Indian <br />River County was recently compelled to present impasse negotiations to the <br />Board of County Commissioner for resolution. <br />5. The Florida Senate has begun debate on Senate Bill 610 (SB610) and the <br />Florida House has begun debate on House Bill 417 (HB417) to identify the <br />Sheriff, Tax Collector, Property Appraiser, Supervisor of Elections and Clerk of <br />the Court as the legislative body of their respective employees and NOT the <br />Board of County Commissioners. <br />NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioner of <br />Indian River County, Florida: <br />Section 1: The foregoing recitals contained in the preamble to this <br />Resolution are incorporated by reference herein. <br />Section 2: This Board supports the adoption of proposed Senate Bill <br />610 (SB610) and proposed House Bill 417 (HB417) provided that <br />nothing herein should be interpreted to support the transferring of <br />
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