HomeMy WebLinkAbout2010-004004
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA SUPPORTING A BILL TO IDENTIFY THE
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
WHEREAS, the Board of County Commissioners of Indian River County,
Florida, has made the following determinations:
1. Several years ago, the Florida Supreme Court reversed long-standing
precedent by finding that constitutional office's deputies are entitled to engage
in collective bargaining.
2. Currently, two Florida Sheriffs (Clay County and Pasco County) have been
immediately impacted by the Public Employees Relations Commission
(PERC) decision regarding the negotiation's impasse with the Fraternal Order
of Police.
3. Both suits are from a situation in which a union has questioned the existing
impasse resolution language in F.S. 447.203(10) because it contains a
requirement that a "Legislative Body," in these cases, a constitutional officer,
have, among other requirements, the authority to appropriate funds.
4. Based on the PERC ruling regarding impasse negotiation, the Sheriff of Indian
River County was recently compelled to present impasse negotiations to the
Board of County Commissioner for resolution.
5. The Florida Senate has begun debate on Senate Bill 610 (SB610) and the
Florida House has begun debate on House Bill 417 (HB417) to identify the
Sheriff, Tax Collector, Property Appraiser, Supervisor of Elections and Clerk of
the Court as the legislative body of their respective employees and NOT the
Board of County Commissioners.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioner of
Indian River County, Florida:
Section 1: The foregoing recitals contained in the preamble to this
Resolution are incorporated by reference herein.
Section 2: This Board supports the adoption of proposed Senate Bill
610 (SB610) and proposed House Bill 417 (HB417) provided that
nothing herein should be interpreted to support the transferring of
RESOLUTION NO. :2010 004
authority to appropriate funds from the Board of County Commissioners
to any Constitutional Officer.
Section 3: The Clerk to the Board of County Commissioners is hereby
directed to send a copy of this resolution to Governor Charlie Crist, the
County's Legislative Delegation and the Executive Director of the
Florida Association of Counties.
Section 4: This Resolution shall take effect upon its adoption.
PASSED AND DULY ADOPTED this 2nd date of February ,2010..
ATTEST: BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By: TeX,(' () b.0—/)
Deputy Clerk Peter O'Bryan, Chairmari�
APPROVED
AS TO FORM AND CORRECTNESS
By: CEJ 4L-(4
Will Collins, County Attorney