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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 />