SUPREME COURT OF FLORIDA CASE NO.: SC14-1639
L.T. No(s).: 3D13-2437; 132010CA04718000001
FRATERNAL ORDER OF POLICE, MIAMI LODGE NO. 20
Petitioner-Appellant,
vs.
CITY OF MIAMI
Respondent-Appellee.
REPLY BRIEF APPENDIX OF PETITIONER-APPELLANT, FRATERNAL ORDER OF POLICE, MIAMI LODGE NO. 20
ROBERT D. KLAUSNER Florida Bar No. 244082 [email protected] PAUL A. DARAGJATI Florida Bar No. 713813 [email protected] ADAM P. LEVINSON Florida Bar No. 05534 ANNA R. KLAUSNER PARISH Florida Bar No. 124804 Klausner, Kaufman, Jensen & Levinson 7080 N.W. 4th St. Plantation, Florida 33317 Phone: (954) 916-1202 Fax: (954) 916-1232 Counsel for Petitioner-Appellant
Filing # 64751363 E-Filed 11/29/2017 04:48:13 PMR
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TABLE OF CONTENTS
TAB
A-1. Order on Merits of Unfair Labor Practice Charge, dated October 18, 2017.
A-2. Notice of Appeal, dated November 15, 2017.
2
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been
filed with the Supreme Court via Florida E-Portal and furnished via e-mail, this
29th of November, 2017, to:
MARK A. TOUBY, ESQ. RICHARD A. SICKING, ESQ. TOUBY, CHAIT & SICKING, P.L. 2030 S. Douglas Rd., Ste. 217 Coral Gables, FL 33134 Email: [email protected] [email protected]
VICTORIA MENDEZ, ESQ. JOHN A. GRECO, ESQ., KEVIN R. JONES, ESQ. OFFICE OF THE CITY ATTORNEY City of Miami 444 S.W. 2nd Avenue, Ste. 945 Miami, FL 33130 Email: [email protected] [email protected] [email protected]
MICHAEL MATTIMORE, ESQ. LUKE SAVAGE, ESQ. ALLEN, NORTON & BLUE, P.A. 906 N. Monroe Street Tallahassee, FL 32303 Email: [email protected] [email protected]
/s/ Robert D. KlausnerROBERT D. KLAUSNER
Fax Oct 10 2017 Od:11pm P002/016
STATE OF FLORIDA
PUBLIC EMPLOYEES RELATIONS COMMISSION
WALTER E. HEADLEY, JR., MIAMI LODGE #20, FRATERNAL ORDER OF POLICE, INC.,
Charging Party,
V.
CITY OF MIAMI,
Case No. CR-2017-001 (Relates to CA-2010-119)
ORDER ON MERITS OF UNFAfR LABOR PRACTICE
CHARGE Order Number: 1/U-269 Respondent. Date Issued: OCtober 18, 2017
Robert D. Klausner, Plantation; Paul A. Daragjati, Jacksonville; Ronald J. Cohen, Fort Lauderdale;·and Osnat K. Rind, Miami, attorneys for Charging Party.
Michael Mattimore, Tallahassee; Luke C. Savage, Coral Gables; and Victoria Mendez, Kevin R. Jones, and John A. Greco, Miami, attorneys for Respondent.
On September 21, 2010, the Walter E. Headley, Jr., Miami Lodge #20, Fraternal
Order of Police Inc. (FOP), filed an unfair labor practice charge alleging, in pertinent part,
that the City of Miami (City) violated Section 447.501(1)(a) and (c), Florida Statutes.
According to the charge, the City improperly invoked Section 447.4095, Florida Statutes,
financial urgency, and the City unlawfully failed to follow the procedures in the financial
urgency statute by unilaterally changing the contractual terms and conditions of
employment of ba.rgaining unit employees represented by the FOP before completing the
impasse resolution procedure set forth in Section 447.403, Florida Statutes.1 The City
denied the FOP's allegations. Both parties requested awards of attorney's fees and
litigation costs.
1The FOP also alleged that the City engaged in surface bsrgain!ng.
A-1
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CR-2017-001 (Relates to CA-2010-119)
After an evidentiary hearing, the hearing officer issued a recommended order
(HORO) in which he found that the City had a compelling interest in reopening its
contract with the FOP. In sum, he found that the City was experiencing a financial
urgency. The hearing officer also found, in pertinent part, that the City altered the terms
of the collective bargaining agreement relating to wages and pension benefits of
employees represented by the FOP. Additionally, the hearing officer found that Section
447.4095, Florida Statutes, did not require the City to complete the impasse process
prior to modifying the collective bargaining agreement.
Regarding an award of attorney's fees, the hearing officer found that the
resolution of the FOP's financial urgency charge was dependent on the validity of the
City's claim of financial urgency and it was novel, I.e., a case of first impression. He
concluded neither party was entitled to an award of attorney's fees and costs of litigation.
A majority of the Commission agreed with the hearing officer's analysis of the
dispositive legal issues, his conclusions of law, and his recommendations. Walter E.
Headley, Jr., Miami Lodge #20, Fraternal Order of Police, /no. v. City of Miami, 38 FPER
iI 330 (2012). On appeal, the District Court of Appeal, First District, concluded that the
Commission did not err in interpreting or applying Section 447.4095, Florida Statutes,
and affirmed the final order dismissing the FOP's unfair labor practice charge. Walter E.
Headley, Jr., Miami Lodge No. 20, Fraternal Order of Police, Im;_ v, City of M;ami,
118 So. 3d 885 1 896 (Fla. 1st DCA 2013) (First District Court). The FOP appealed to the
Florida Supreme Court.
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The Supreme Court concluded, in pertinent part, that Section 447.4095, Florida
Statutes, permits the unilateral implementation of changes to a collective bargaining
agreement only after parties have completed the impasse resolution proceedings found
in Section 447.403, Florida Statutes, and failed to ratify the agreement. Walter E.
Headley, Jr., Miami Lodge #20, Fraternal Order of Police, Inc,, et al. v. City of Miami,
215 So. 3d 1, 9 (Fla. 2017). The Supreme Court quashe~ the decision of the First
District Court and remanded the case for further proceedings. The First District Court
remanded this case to the Commission for further proceedings consistent with the
Florida Supreme Court's opinion.
On May 18. 2017, upon consideration of the Florida Supreme Court's opinion and
the hearing officer's factual findings, we concluded that the City violated Section
447.501 (1 )(a) and (c), Florida Statutes, when it unilaterally changed wages, pensions,
health insurance, and other monetary items for the employees in the bargaining unit
represented by the FOP prior to completing the Section 447.403, Florida Statutes,
impasse resolution procedure. § 447.503(6)(a), Fla. Stat. We remanded this case to the
hearing officer and directed him to recommend an appropriate remedy and to make a
recomm_endation whether the FOP, as a prevailing charging party, was entltled to an
award of attorney's fees and costs.
On July 201 the hearing officer issued a supplemental order in which he
recommended directing the City to rescind its modifications to the wages, health care,
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and pension benefits of employees represented by the FOP beginning on September 30,
2010, as described in findings of fact thirty-seven through thirty-nine of his recommended
order. Headley, 38 FPER 1f 330. He recommended that the Commission direct the
parties to return to the status quo ante as of September 29, 201 O, the day prior to the
effective date of Its unlawful action. The hearing officer also recommended against an
award of attorney's fees and costs in favor of the FOP.
On August 3, the FOP filed one exception to the hearing officer's recommendation
against awarding its attorney's fees and costs. On August 14, after receiving an
extension of time, the City filed four exceptions to the recommended order, a response to
the FOP's exception, and a motion for oral argument. On August 25, the FOP filed a
response to the City's exceptions.
The City requested oral argument, which the FOP opposes as unnecessary. The
Commission does not believe oral argument would assist it in the resolution of this case
because the facts and legal arguments have been adequately presented in the briefs and
record. Accordingly, the City's motion for oral argument is denied. We now turn to the
exceptions.
The City's fourth exception is to the hearing officer's recommended remedy of
returning the parties to the status quo ante as of September 29, 2010, the day prior to
the effective date of the Clty's unlawful action. The City argues that any remedy should
be prospective only. The gravamen of the City's fourth exception is that its actions were
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validated by existing case law, including the Commission's General Counsel's interpreta-
tion of Section 447.4095, Florida Statutes, contained in a May 9, 2001, correspondence
letter. In support of this argument, the City relies on Communications Workers of
America v. Indian River School Boa.rd, 888 So. 2d 96, 98 (Fla. 4th DCA 2004 );
J9cksonvifle Supervisors Association v. City of Jacksonville, 26 FPER 'fi 31140 at 255-
256 (2000), rev'd in part on other grounds 791 So. 2d 508 (Fla. 1st DCA 2001 ); and
Manatee Education Association, FEA, AFT (Local 3821 )1 AFL-CIO v. Schoof Board of
Manatee County, 62 So. 3d 1176, 1181 (Fla. 1st DCA 2011 ), affg in part and rev'g in
part, 35FPER1f 46 (2009). The City's reliance on these cases is misplaced.
The Communications Workers of America case involved the appeal of a trial
court's order vacating an arbitration award, which interpreted Section 447.4095, Florida
Statutes, in its favor, on the basis that the arbitrator exceeded his powers under Section
682.13(1 ), Florida Statutes. There, in an informal correspondence to the School Board,
the Commission's General Counsel stated that Section 447.4095, Florida Statutes, was
enacted by the Legislature in 1997 and that as of the date of his letter the Commission
had not interpreted its provisions in case law. He opined in that letter that in the event of
a financial urgency requiring modification of a collective bargaining agreement, an
employer is allowed to unilaterally change wages, hours, and terms and conditions of
employment after bargaining the impact of the change for a "reasonable period" not to
exceed fourteen days. Communications Workers of America, 888 So. 2d at 98.
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The Commission's General Counsel's correspondence highlights the factthat uto
date the Commission has not had an occasion to interpret" Section 447.4095, Florida
Statutes. Thus, contrary to the City's argument, there was no existing case law at the
time the City unilaterally modified the parties' collective bargaining agreement without
first completing the statutory Impasse resolution procedure. The General Counsel's
informal correspondence does not constitute existing Commission case law; it was
simply his opinion. More Importantly, the correspondence does not opine that an
employer is not obligated to first proceed through the Section 447.403, Florida Statutes,
impasse resolution procedure after Impasse is reached as required by Section 447.4095,
Florida. Statutes. In that case, the impasse resolution hearing was conducted pursuant to
Section 447.403, Florida Statutes. Id.
The Jacksonville Supervisors Association case Involved a reorganization of three
departments, which led management to abolish and create bargaining unit positions.
The case involved management rights pursuant to Section 447.209, Florida Statutes, not
financial urgency or the application or interpretation of Section 447 .4095, Florida
Statutes.
The Manatee Education Association case involved the employer invoking Section
447.4095, Florida Statutes, to modify salaries based on financial urgency. The union
sought to require the employer to prove the existence of a financial urgency before
proceeding under Section 447.4095. The court rejected the union's contention stating
that, "Requiring proof of financial urgency before resort io section 447.4095 could result
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(Relates to CA-2010-119)
in substantial delays, delays which could effectively eliminate the ability to address a
financial urgency, frustrating the obvious purpose of the statute. We affirm PERC's
determination that section 447.4095 does not place any temporal preconditions on the
initiation of the process section 447.4095 authorizes." Manatee Education Association,
62 So. 3d at 1181. However, the court rejected the Commission's determination that a
union must participate in Section 447.4095 negotiations in order to file (at some later
time) an unfair labor practice charge. Id.
The Manatee Education Association interpretations of Section 447.4095, Florida
Statutes, occurred in 2008 and 2009. However, until now neither the court nor the
Commission had interpreted Section 447.4095, Florida Statutes, as it applied to the
Section 447.403, Florida Statutes, Impasse resolution process. Moreover, until the
instant case neither the Commission nor the court had addressed the issue of an
employer bypassing the impasse resolution process pursuant to Section 447.4095,
Florida Statutes. Thus, the City's contention that its actions were validated by existing
case law is without merit.
Similarly, in support of its argument that the remedy should be prospective only,
the City relies on Dade County Police Benevolent Association, Inc. v. Miami Dade
County Board of County Commissioners, 160 So. 3d 482 (Fla. 1st DCA 2015), review
denied sub nom. Miami-Dade County Bd. of County Commissioners v. Dade County
Police Benevolent Association, 177 So. 3d 1269 (Fla. 2015) rev'g 40FPER11198 (2013);
7
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fntemational Union of Operating Engineers, Local 653 v. Board of County
Commissioners of Jackson County, 18 FPER ~ 23138 (1992), rev1d on other grounds,
620 So. 2d 1062 (Fla. 1st DCA 1993); and Allen v. Miami-Dade College Board of
Trustees, 43 FPER ~ 6 (PERC 2016), perouriam affd, 2017 WL 363130 (Fla. 3d DCA
January 25, 2017) {unpublished decision).
In Dade County Police Benevolent Associaf;on, Inc., the Mayor vetoed the County
Commission's resolution of the impasse pertaining to an increase in employee's health
insurance contributions and the County Commission did not override the veto. The
Commission dismissed the portion of the charge dealing with the mayor's veto but the
court reversed the Commission. On remand from the court, the issue before the
Commission was whether the remedy should be prospective or retroactive. Dade County
Police Benevolent Association, Inc. v. Miami Dade County Board of County
Commissioners, 43FPER1} 105 (2016). The Commission concluded that the remedy
should be prospective only because it was an issue of first impression and the County
had the benefit of the General Counsel's summary dismissal in the Dade County Police
Benevolent Association v. City of Hialeah, 24 FPER ,-i 29000 (G.C. Summary Dismissal
1997) case, which ratified the practice of having the legislative body reconvene to
address an issue still at impasse after a mayor's veto.
However, unlike the Dade County Police Benevolent Association, Inc., there is not
a General Counsel summary dismissal or Commission nase establishing existing case
law which created an ambiguity in the law, or upon which the City relied to bypass the
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impasse resolution procedure. Although this case involved an issue of first impression,
that factor goes to whether either party is entitled to an award of attorney's fees, not to
whether the re.medy of returning the parties to the status quo ante should be prospective.
ln Boa.rd of County Commissioners of Jackson County v. International Union of
Operating Engineers, 620 So. 2d 1062 (Fla. 1st DCA 1993), the court held that the
Commission could not declare Jackson County guilty of an unfair labor practice and
violating the law when its actions were consistent with prior case Jaw. In Allen, the
Commission stated that because it significantly clarified prior Commission and General
Counsel case law, and since the College may have relied on the prior decisions in
deciding how to implement the release time article, it is not appropriate under Jackson
County to conclude that the College has committed an unfair labor practice.
The Dade County Police Benevolent Association, Jackson County, and Allen
cases are distinguishable because these cases involved changes in the interpretation of
existing law upon which the respondents relied. In this case, there was no such change
in existing law for the City to rely upon.
In sum, we agree with the hearing officer and the FOP that the remedy in this
case should be the traditional remedy when an employer unlawfully changes the parties'
collective bargaining agreement; that is, a return to the status quo ante as it existed on
September 29, 201 O, the day prior to the effective date of the City's unlawful action.
Consequently, the City's fourth exception is denied.
9
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The City's first and second exceptions pertain to the City's assertion that the
hearing officer failed to consider its affirmative defense of exigent circumstances. In
these exceptions, the City argues that if a financial urgency existed then exigent
circumstances existed as well. The City claims that the hearing pfficer did not reach its
affirmative defense of exigency because he resolved the FOP's unfair labor practice
charge expressly on the merits under the then-existing and developing law as it applied
to Section 447.4095, Florida Statutes.
The affirmative defense of exigent circumstances is available in very limited and
temporal situations. Examples of exigent circumstances include weather conditions,
such as a hurricane or "a proposed sick-out by teachers in the context of ~n ongoing
labor dispute, which warranted the employer implementing a temporary change in the
personal reason and sick leave policy." See Pasco County School Board v. Public
Employees Relations Commission, 353 So. 2d 108, 125 (1977) (citing NLRB v. Minute
Maid Corp., 283 F. 2d 705 (5th Cir. 1960)); Broward Teachers Union v. Schoof Board of
Broward County, 30 FPER 'ii 304 (2004). It could also include a riot or civil disturbance.
This defense to a temporary unilateral change of the collective bargaining agreement
exists to provide relief to an employer who is forced by an emergency to quickly and
immediately suspend, not permanently alter, the contractual terms and conditions of
employment of its employees.
In emergency situations such as a hurricane or imminent strike an employer can
act Immediately to meet the emergency without prior consultation with or agreement by
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the certified union. See, e.g., Florida Classified Employees Association v. Taylor County
School Board, 7FPER~12100 at 263-264 (1981). Although an employer facing such
emergencies may take immediate action to suspend the contractual terms and
conditions, the City fails to cite any cases wherein an employer was authorized to
unilaterally alter the terms.of the collective bargaining agreement and then im.pose those
new terms on the bargaining unit.
According to the hearing officer's facts, the City knew since April 30, 2010, that it
was experiencing a financial urgency but it did not act until August 31. (HORO
findings 16, 28, and 32 through 36) This delay plus the fact that the City engaged in
negotiations with the FOP contradicts the City's contention that it was experiencing an
exigent circumstance such as a hurricane, imminent strike, or riot.
The City's contention that the hearing officer erred by not reaching its affirmative
defense of exigency is also without merit. We agree with the hearing officer that if the
City's contention is that he did not address its affirmative defense of exigent
circumstances, the City was required to timely file an exception and raise that issue with
the Commission in order to preserve that issue. The City filed no such exception; thus,
the City's first and second exceptions are denied. Likewise, the City's third exception,
which seeks to challenge the hearing officers finding that the FOP was not acting in bad
faith to perpetuate the status quo, is denied.
In the recommended order, the hearing officer concluded that although the City
was the prevailing party neither party was entitled to an award of attorney's fees. In the
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supplemental recommended order, the hearing officer found that the FOP is the
prevailing party.
A prevailing charging party is entitled to attorney's fees if the respondent knew or
should have known that its conduct was unlawful. See Leon County PBA v. City of
Tallahassee, 8FPER1'[ 13400 at 726 (1982), affd, 445 So. 2d 605 (Fla. 1st DCA 1984);
DeMarois v. Military Park Fire Control Tax District, 7 FPER ~ 12065 at 159 (1981), aff'd,
411 So. 2d 944 (Fla. 4th DCA 1982); IBPA T, Local 1010 v. Anderson, 401 So_ 2d 824,
831 (Fla. 1st DCA 1981 }. Pertinent to this inquiry is whether the law is well-settled in light
of prior Commission decisions. See Fort Walton Beach Fire Fighters Association v. City
of Fort Walton Beach, 11 FPER 1I 16240 at 660 (1985).
In its sole exception, the FOP excepts to the hearing officer's conclusion that this
case involved a novel issue. Relying on Chiles v. United Faculty of Florida, 615 So. 2d
671 (Fla. 1993), the FOP contends that neither the state of the case law nor the clarity of
the statute was in doubt. In essence, the FOP argues that the City knew or should have
known that it did not have the right to unilaterally modify the collective bargaining
agreement. The City, in its response, argues that well established case law governing
contractual modifications under Section 447.4095, Florida Statutes, did not exist at the
time it was required to act. See Collier Professional Firefighters and Paramed;cs,
f ntemational Association of Firefighters, Local 2396, AFL~C!O v. East Naples Fire Control
& Rescue District, 40 FPER il 176 (2013).
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The FOP's reliance on Chiles rs misplaced because Chiles did not involve the
interpretation or application of Section 447.4095, Florida Statutes. The Florida Supreme
Court issued Chiles in 1993 and Section 44 7.4095, Florida Statutes, was created by the
legislature in 1995. See Ch. 95-218, § 2, Laws of Fla. Moreover, in Chiles, the Supreme
Court held that before any unilateral modification could be made, the School Board had
to demonstrate a compelling state interest. CommunioaUons Workers of America v.
Indian River County School Board, 888 So. 2d 96, 101 (Fla. 4th DCA 2004). Here, the
heariog officer found the City had a compelling interest in reopening its contract with the
FOP and altering provisions which related to wages and pension benefits of employees
represented by the FOP. In sum, he found that a financial urgency existed.
In the absence of a case interpreting and applying Section 447.4095, Florida
Statutes, which would have warned the City that it was acting unlawfully, the City would
not know or should not have known that its conduct was violative of Chapter 447, Part II,
Florida Statutes. We also note that the City prevailed before the hearing officer, the
Commission, the First District Court, and there was an unwritten dissenting opinion within
the Florida Supreme Court. We also note that although the City was a prevailing
respondent, the hearing officer concluded that neither party was entitled to attorney's
fees a.nd costs. Furthermore, we agree with the hearing officer that this case
encompassed a novel issue, involving statutory interprett3tion and application, as well as
constitutional issues; thus, neither party is entitled to an award of attorney's fees. See,
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e.g., Fire Rescue Professionals of Alachua County, Local 3852, IAFF v. Alachua County,
28 FPER ~ 33158 (2002). Therefore, the FOP's sole exception is denied.
We agree with the hearing officer's analysis of the dispositive legal issues and
conclusions of law. Accordingly, the hearing officer's recommerided order is
incorporated herein.
The appropriate remedy in this case requires the City to rescind the changes in
wages and benefits that were legislatively imposed on September 30, reinstate the status
quo ante as of September 29, 2010, and make the employees whole.2 The Clerk of the
Commission is directed to open a back pay case and schedule a hearing before Hearing
Officer Joey D. Rix.
On September 25, seventy#two City police officers filed a motion to intervene.
They allege that their substantial interests may be affected by the outcome of the back
pay proceeding. The City and the FOP oppose the motion. The motion is denied as
premature with leave to refile in the back pay case.
This is not an appealable flnal order because the amount of back pay remains for
determination. See Department of Corrections v. Schwarz, et al, 134 So. 3d 1002 (Fla.
1st DCA 2012). When the amount of back pay is resolved, the Commission will issue a
final order that will allow either party to appeal the merits of this order or the amount of
back pay.
2The City's argument that the back pay award should be limited to a certain period of time is appropriately addressed by the hearing officer in the back pay ceise.
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It is so ordered. POOLE, Chair, BAX and KISER, Commissioners, concur.
I HER~~ERTIFY that this document was filed and a copy served on each party on 8{. ~ (J , 2017.
/bjk
cc: Attorneys representing the police officers who filed the motion to intervene:
Hoss Hernandez, Esquire 4551 Ponce Del Leon Boulevard Coral Gables, Florida 33146-1832
Richard John Diaz, Esquire 3127 Ponce Del Leon Boulevard Coral Gables, Florida 33134
H.K. "Skipn Pita, Esquire, and Randy M. Weber, Esquire 9~50 South Dixie Highway Suite 1200 Miami, Florida 33186
15
\
STATE OF FLORIDA PUBLIC EMPLOYEES RELATIONS COMMISSION
WALTER E. HEADLEY, JR., MIAMI LODGE #20, FRATERNAL ORDER OF POLICE,
Petitioner,
v.
CITY OF MIAMI,
Respondent.
CASE NO.: CR-2017-001 (Relates to CA-2010-119)
I ~~~~~~~~~~~~~~~~
NOTICE OF APPEAL
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NOTICE IS GIVEN that the City of Miami, Respondent, appeals to the Third District
Court of Appeal, the Order of Public Employees Relations Commission dated October 18, 2017.
The Order is styled "Order on the Merits of Unfair Labor Practice Charge". A copy of the Order is
attached hereto.
Respectfully submitted:
VICTORIA MENDEZ, City Attorney JOHN A. GRECO, Deputy City Attorney KEVIN R. JONES, Assistant City Attorney Attorneys for City of Miami 444 S.W. 2nd Avenue, Suite 945 Miami, FL 33130-1910 Tel.: (305) 416-1800 Fax: (305) 416-1801 Primary E-mail: [email protected] Secondary E-mail: [email protected]
By: Isl John A. Greco John A. Greco, Deputy City Attorney Florida Bar No. 991236
A-2
l J
l
Michael Mattimore, Esq. Luke Savage, Esq. Allen Norton & Blue, P.A. 906 N. Monroe Street Tallahassee, FL 32303 [email protected] [email protected]
CERTIFICATE OF SERVICE
Notice of Appeal Case No.: CR-2017-001
I HEREBY CERTIFY that a copy of the foregoing has been furnished to those
individuals listed below by e-mail generated by the PERC e-filing portal on this this 14th day of
November 2017.
Robert D. Klausner, Esq. Adam P. Levinson, Esq. Paul A. Daragjati, Esq. Stuart A. Kaufinan, Esq. Anna R. Klausner Parish, Esq. Klausner, Kaufinan, Jensen & Levinson 7080 NW 4th Street Plantation, FL 33317-2201 [email protected] [email protected] [email protected] stu@ro bertdklausner. com
Ronald J. Cohen, Esq. Rice Pugatch Robinson Storfer & Cohen, PLLC 101NE3rd Avenue Suite 1800 Fort Lauderdale, FL 33301 Primary Email: [email protected]
865749 2
Osnat K. Rind, Esq. Phillips & Richard, P.A. 9360 SW 72 Street Suite 283 Miami, FL 33173-3283 Tel: 305-412-8322 Fax: 305-412-8299 Primary Email: [email protected]
865749
By: Isl John A. Greco
Notice of Appeal Case No.: CR-2017-001
John A. Greco, Deputy City Attorney Florida Bar No. 991236
3
Oct 1B 2017 04:03pm P002/016
STATE OF FLORIDA
PUBLIC EMPLOYEES RELATIONS COMMISSION
WALTER E. HEADLEY, JR., MIAMI LODGE #20 FRATERNAL ORDER ···-·---·· .. ··-·----····'--· .. ····-· ··- ···-·········--·-· ·-OF POLICE, INC.,
Charging Party,
v.
CITY OF MIAMI, .. -
Case No. CR-2017-001 (Relates to CA-2010-119)
ORDER ON MERITS OF UNFAIR LABOR PRACTICE
CHARGE - : . - orde.r . Nl:llliber·: - -IIU-269 :·
Dat©-Issued-: October: 18, 2017
Robert D. Klausner, Plantation; P~ul A. Daragjati, Jacksonville; Ronald J. Cohen, Fort Lauderdale; and Osnat K. Rind, Miami, attorneys for Charging Party.
Michael Mattlmore, Tallahassee; Luke C. Savage, Coral Gables; and Victoria Mendez, Kevin R. Jones, and John A. Greco, Miami, attorneys for Respondent.
On September 21, 2010, the Walter E. Headley, Jr_, Miami Lodge #20, Fraternal
Order of Police Inc. (FOP), filed an unfair labor practice charge alleging, In pertinent part,
that the City of Miami (City) violated Section 447.501 (1 )(a) and (c), Florida Statutes.
According to the charge, the City improperly invoked Section 447.4095, Florida Statutes,
financial urgency, and the City unlawfully failed to follow the procedures In the financial
urgency statute by unilaterally changing the contractual terms and conditions of
employment of bargaining unit employees represented by the FOP before completing the
Impasse resolution procedure set forth in Section 447.403, Florida Statutes.1 The City
denied the FOP's allegations. Both parties requested awards of attorney's fees and
litigation costs.
1The FOP also aHeged that the City engaged in surface barga.ining.
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(HORO) in which he found that the City had a compelllng Interest In reopening its
contract with the FOP. In sum, he found that the City was experiencing a financial
urgency. The hearing officer also found, in pertlnent part, that the City altered the terms
___ ---· -:: :::::.-- of1he co!lec!J.vf3- _p~~~injog!lme.~rn~nt relating to wages ~rid_ p_en~~on benefits of_
-employees re~iresentedoy the-.FOP . .Additionally, the hearing officer found that Section
447.4095, Florida Statutes, did not require the City to complete the impasse pmcess
prior to modifying the collective bargaining agreement.
Regarding an a.ward of attorney's fees, the hearing officer found that the
. resolution of the FOP's financial urgency charge was dependent on the valldity of the
City's claim of financial urgency and It was novel, i.e., a case of first impression. He
concluded neither party was entitled to an award of attorney's fees and costs of litigation.
A majority of the Commission agreed with the hearing officer's analysis of the
dispositive legal issues, his conclusions of law, and his recommendations. Watter E,
Headley, Jr., Miami Lodge #20, Fraternal Order of Police; Inc. v. City of Mlam;, 38 FPER
1f ·330 (2012). On appeal, the District Court of Appeq), First District, concluded that the
Commission did not eJT in interpreting or applying Section 447.4095, Florida statutes,
and affirmed the final order dismissing the FOP's unfair labor practice charge. Walter E.
Headley, Jr. 1 Miami Lodge No. 20, Fraternal Order of Po/Ice, Inc. v. City of Miami,
118 So. 3d 885, 896 (Fla. 1st DCA 2013) (First District Court). The FOP appealed to the
Florida Supreme Court.
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The Supreme Court concluded, In pertinent part, that Section 447.4095, Florida
Statutes, permlts the unilateral implementation of changes to a collective bargaining
agreement only after parties have completed the impasse resolution proceedings found
in Section 447.403, Florida Statutes, and failad to ratify the agreement. Walter£.
_ ___ j1~~d~ey, _Jr., M_la!IJI Lc><:jg~ #~O,=-f~aternal Order of P~llqe, ~n22 ~._t.~I. v. _City of Mia!J1/,
· -- 215 So. 3d 1, 9 (Fla~ 2017). The Supreme Court quashed the decision of the First
District Court and remanded the case for further proceedings. The First District Court
remanded this case to the Commission for further proceedings consistent with the
Florida Supreme Court's opinion.
On May 18, 2017, upon consideration of the Florida Supreme Court's opinion and
the hearing officer's factual findings, we concluded that the City vlolated Section
447.501(1 )(a) and (c), Florida Statutes, when it unilaterally changed wages, pensions,
health Insurance, and other monetary Items for the employees in the bargalning unit
represented by the FOP prior to completing the Section 447._403, Florida Statutes,
impasse resolution procedure. § 447.503{6)(a), Fla. Stat. We remanded this case to the
hearing officer and directed him to recommend an appropriate remedy and to make a
recommendation whether the FOP, as a prevailing charging party, was entitled to an
award of attorney's fees and costs.
. On July 20, the hearing officer issued a supplemental order in which he
recommended directing the City to rescind its modifications to the wa.ges1 health care,
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and pension benefits of employees represented by the FOP beginning on September 30,
2010, as described in findings of fact thirty-seven through thirty-nine of his recommended
order. Headley, 38. FPER ~ 330. He recommended that the Commission direct the
parties to return to the status quo ante as of September 29, 2010, the day prior to the
effective date of its unlawful action. T~e hea~n_g office! ~lso _r~mm~nded ~g_?ln_st Cln_ - ·····-··---· -· - -.. -:.-_.=:.--.:: . . . ' _-.::::. .. :. - ··-=· . . - ... ·_- -- - . -·
· award of attorney's fees and costs· in favor of the FOP.
On August 3, ttle FOP filed one exception to the hearing officer's recommenda.tlon
against awarding its attorney's fees and costs. On August 14, after receiving an
extension of time, the City filed four exceptions to the recommended order, a response to
the FOP's exception, and a motion for oral argument. On August 25, the FOP filed a
response to the City's exceptions.
The City requested oral argument, which the ~OP opposes as unnecessary. The
Commission does not believe oral argument would assist it in the resolution of this case
because the facts and legal arguments have been adequately presented in the briefs and
record. Accordingly, the City's motion for oral argument is denied. We now turn to the
exceptions.
The City's fourth exception is to the hearing officer's recommended remedy of
returning the parties to the status quo ante as of September 29, 201 o, the day prior to
the effective date of the City's unlawful action. The City argues that any remedy should
be prospective only. The gravamen of the City's fourth exception is that its actions were
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validqted by existing case law, including the Commission's General Counsel's interpreta-·--··--··- ··-··--- -·· -....... ---···--...-.-···- -- . --···----·--·------· ----· ··-··· ---· ·-·-·--···· .. . . .. ---·· . .. ·- ·-·--- --- ····-·· ·-·- -··
tlon of Section 447.4095, Florida Statutes, contained in a May 9, 2001, correspondence
letter. In support of this argument, tl1e City relies on Communications Workers of
Amerfce v. Indian Rivsr Sohool Board, 888 So. 2d 96, 98 (Fla. 4th DCA 2004);
_ =--=- -=- -: -:..--.::__Jacksonville -5.'-f P~~~O(~ A~:;;ocietion v. CifY:.pf Je.r;f{spnvll/e, 26 FPER 1J 31140 at 255-
256 (2000), roi/d in pa.rt on other-grounds 791 So. 2d 508 -{Fla. 1st DCA 2001 ); and
Manatee Education Association, FEA, AFT (Local 3821 ), AFL-CfO v. School Board of
Manatee County, 62 So. 3d 1176, 1181 (Fla. 1st DCA 2011 ), aftg in part and rellg in
part, 35FPER1f 46 (2009). The City's reliance on these cases Is misplaced.
The Communications Workers of America case Involved the appeal of a tria.I
court's order vacating an arbitration award, which interpreted Section 447.4095, Florida
Statutes, in i1s favor, on the basis that the arbitrator exceeded his powers under Section
682_ 13(1 ), Florida Statutes. There, In an Informal correspondence to the School Board,
the Commission's General Counsel stated that Section 447.4095, Florida Statutes, was
enacted by the Legislature in 1997 and that as of the date of his letter the Commission
had not interpreted its provisions in case law. He opined in that letter that in the event of
a financial urgency requiring modification of a collective bargaining agreement, an
employer is allowed to unilaterally change wages, hours, and terms and conditions of
employment after bargaining the impact of the change for a Qreasonable period" not to
exceed fourteen days. Communications Workers of Amer/ca1 888. So. 2d at 98.
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. __ -.--I~e ~?.r:im~~~~~~s-.~~~er~I C?ouns~l's ~<?.r.~~~P?_~~E)~~~-~ighli~_hts the f~~~_!lla~ ~t~_
date the Commission has not had an occasion to Interpret" Section 447.4095, Florida
Statutes. Thus, contrary to the City's argument, there was no existing case law at the
time the City unilaterally modified the partles' collective bargaining agreement without
__ . _ ___ _ --· . fir~_t co~p~tln_~_ th~ ~tatutory lmpa§se re~olutlon proced\:ir~. -=-The_ Gener~! Couns~l's
··informal correspondence does not eonstitute existing Cominlssion case Jaw; it was
simply his opinion. More Importantly, the correspondence does not opine that an
employer Is not obligated to first proceed through the Section 447.403, Florida Statutes,
impasse resolution procedure after impasse is reached as required by Section 447.40951
Florida. Statutes. In that case, the Impasse resolution hea.ring was conducted pursuant to
Section 447.403, Florida Statutes. Id.
The Jacksonv/lle Supervisors Associal/on case involved a reorganization of three
departments, which led management to abolish and create bargaining unit positions.
The case involved management rights pursuant to Section 447.209i Florida Statutes, not
financial urgency or the application or [nterpretation of Section 447.4095, Florida
Statutes.
The Manatee Education AssociaUon case involved the employer Invoking Section
447.4095, Florida Sta.tutes, to modify salaries based on financlal urgency. The union
sought to require the employer to prove the existence of a financial urgency before
proceeding under Section 447.4095. The court rejected the union's contention stating
that, "Requiring proof of financial urgency before resort to section 447-4095 could result
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in substantial delays, delays which could effectively ~lilT)_Lf)ate the E1"1J.llty tp ad_(tr.~$.!:UL --·-· - ·--·-·---·-······ . ·-···· .. ---·-· ·-· --·-··-··· -·-·--·-····-·· ·-·--·- --· -- ·-·-···· ····-· ... --· -· .
financial urgency, frustrating the obvious purpose of the statute. We affirm PERC's
determination th~t section 447.4095 does not place any temporal preconditions on the
initiation of the process section 447.4095 authorizes.~ Manatee Education Association,
-·-· -·- ____ .. _ 62 So, 3d_fil.1.1QJ~-Howe~er, th~court rejected the Com~mission's.determination~that (;1- - -·-·--·· - --··- .
. -··union must participate Tn Section 447.4095 negotiations in order to file (at some later
time) an unfair labor practice charge. Id.
The Manatee Education Association interpretations of Section 447.4095, Florida
Statutes, occurred in 2008 and 2009_ However, until now neither the court nor the
Commission had Interpreted Section 447.4095, Florida Statutes, as it applied to the
Section 447.403, FJ"orida Statutes, lmpG1sse resolution process. Moreover, untll the ;
instant case neither the Commission nor _the court had addressed the Issue of an
employer bypassing the impasse resolution process pursuant to Section 447.4095,
Florida Statutes. Thus, the City's contention that its actions were validated by existing
case law is without merit.
Similarly, in support of its argument tha.t the remedy should be prospective only,
the City relies on Dade County Police Benevolent Association, Inc. v. Miami Dade
County Board of Counly Commissioners, 160 So. 3d 482 (Fla. 1st DCA 2015), review
denied sub nom. Miami-Dade County Bd, of County Commissioners v. Dade County
Po/ic~ Benevolent Association, 177 So. 3d 1269 (Fla. 2015) rev'g 40FPER11198 {2013);
7
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International Union of Operating_ Engineers, Loc~l 653 y'. __ f?q~rd__gf.9o.unfy_ __ ·-·--· _ .... •·r--· ''" •-··· • ··----··-···· .. -- .. ----· ··----·· --· ·---·- •• ... '
Commissioners ofJa.ckson County, 18 FPER CU 23138 (1992), rev'd on other grounds,
620 So. 2d 1062 (Fla. 1st DCA 1993); and Allen v, Miami-Dade College Board of
Trustees, 43FPER1J 6 (PERC 2016), per curla.m affd, 2017 WL 363130 (Fla. 3d DCA
.... -.-- ___ ·-::: = JanlJa~ 25.,:-291.7) (~np_t,JpJisbep .9ecision). :- .
In o-ade Count}t Poliee Benevolent Association, Inc., the Mayor-vetoed the County
Commission's resolution of the impasse pertaining to an increase in employee's health
insurance contributions and the County Commission did not override the veto. The
Commission dismissed the portion of the charge dealing with the mayor's veto but the
court reversed the Commission. On remand from the court, the issue before the
Commission was whether the remedy should be prospective or retroactive. Dade County
Police Benevolent Association, Inc. v. Miami Dade County Board of County
Commissioners, 43 FPER 1f 105 (2016). The Commission concluded that the remedy
should be prospective only because it was an issue of first impression and the County
had the benefit of the General Counsel's summary dismissal in the Dede County Police
Benevolent Association v. City of Hialeah, 24 FPER ~ 29000 (G.C. Summary Dismissal
1997) case, which ratified the practice of having the legislative body reconvene to
address an issue still at Impasse after a mayor's veto.
However, unlike the Dade County Police Benevolent Association, Inc., there is not
a General Counsel summary dismissal or Commission case establishing existing case
law which created an ambiguity in the law, or upon which the City relied to bypass the
8
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.. ___ ----··· ____ lmp~se _r~s~!':'!X~~_p~~~ed~!~:._,l\ltl]~~~-~-thi~.gas.~Jnv9lv~.ci an issue qf firstJ.ri:mre~~!Qn,
that factor goes to whether either party ls entitled to an award of attorney's fees, not to
whether the remedy of returning the parties to the status quo ante should be prospective.
In Bo~rd of County Commissioners of Jackson County v. lntemational Un;on of
_ -·~::: ·:::- =-__ = (?peraftn_g f.ngfileers,~6?0 So'.-2d 1062(Fla._1st DCA.-1993),Jhe court held that the- -
Commission-could not deciare Jackson County guilty of an unfair labor practice and
vfolatlng the law when its actions were consistent with prior case law. In Allen, the
Commission stated that because i1 significantly cla.rified prior Commission and General
Counsel case law, and since the College may have relied on the prior decisions in
deciding how to implement the release time article, it is not appropriate under Jackson
County to conclude that the College has committed an unfair labor practice.
The Dade County Police Benevolent Assoo;ation, Jackson Count~ and Allen
cases are distinguishable because tfiese cases involved changes in the interpretation of
existing law upot1 which the respondents relied. In this case, there was no such change
in existing law for the City to rely upon.
In s_um, we agree with the hearing officer and the FOP that the remedy in this
case should be the traditional remedy when an employer unlawfully changes the parties'
collective bargaining agreement; that Is, a return to the status quo ante as it existed on
September 29, 2010, the day prior to the effective date of the City's unlawful action. ·
Consequently, the City's fourth exception is denied.
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· The City's first and second exceptions pertain to the City's ~s~~rtion t.b__?J; thSl ·-··-----·· ·-· :····-- ··---·· ·------··--~-·· . --· ·---··--·---·---- . ···-·· --· ' ··- . '
hearing officer failed to consider its affirmative defense of exigent circumstances. In
these exceptions, the City argues that If a financial urgency existed then exigent
clrcums~nces existed as well. The City claims that the hearing officer did not reach its
_ _ af[Lrrnativ~. g~fen~e of .~xige[lcy becausej}e res_o[yed the_fOP's u.nfair lab.or practl.ce -------·--·::-·--· -· . ·-·-·. - ·- ..
- charge expressly on the merlts under the then-existing and developing law as it applied
to Section 447.4095, Florida Statutes.
The affirmative defense of exigent circumstances is available in very limited and
temporal situations. Examples of exigent circumstances include weather conditions,
such as a hurricane or ua proposed sicl<-out by teachers in the context of an ongoing
labor dispute, which warranted the employer implementing a temporary change in the
personal reason and sick leave policy." See Pasco County School Boa.rd v .. Public
·Employees Re/atioos Commission, 353 So. 2d 108, 125 (1977) (citing NLRB v. M;nute
Maid.Corp., 283 F. 2d 705 (5th Cir. 1960)); Broward Teachers Union v. School Board of
Broward County, 30FPER1f 304 (2004)- It could also include a riot or civil disturbance.
This defense to a temporary unilateral change of the collective bargaining agreement
exists to provide relief to ~n employer who Is forced by an emergency to quickly and
immediately suspend, not pem1anently alter, the contractual terms and conditions of
employment of its employees.
In emergency situations such as a hurricane or imminent strike an employer can
act immedfately to meet the emergency without prior consultation with or agreement by
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_ . __ -·- .. the ?~r:t~~-~ .~nl~!J·.~~~! . .!:.~·-' f(~rida Cla_s~ifJ_e_cl_. Employees Ass<?_ciat;on v. TayJqr:__qou(Jty __ .
School Board, 7FPER1f 12100 at 263-264 (1981 ). Although an employer facing such
emergencies may take imrnedia.te action to suspend the contractual terms and
conditions, the City fails to cite any cases wherein an employer was authorized to
-. __ _ __ .. ·- :::-ynilat~Eajly __ @lter _!til:l t~r:ins.of tp.e_co~le9tive ba~~aining_agreem.ent ~nd then impose those _
new·terrnson the bargaining unit. ·
According to the hearing officer's facts, the City knew since April 30, 2010, that it
was experiencing a financial urgency but it did not act until August 31. (HORO
findings 16, 28, and 32 through 36) This delay plus the fact that the City engaged in
negotiations with the FOP contradicts the City's contention that it was experiencing an
exigent circumstance such as a hurricane, imminent strike, or riot.
The City's contention that tile hearing officer erred by not reaching its affirmative
defense of exigency is a.Isa without merit. We agree with the hearing officer that If the
City's contention is that he did not address its affirmative defense of exigent
circumstances, the City was required to timely file an exception and raise that issue with
the Commis$iOn in order to preserve that issue. The City filed no such exc..-eption; thus,
the City's first and sec9nd exceptions are denied. Likewise, the City's third exception,
which seeks to challenge the hearing officer's finding that the FOP was not acting in bad
faith to perpetuate the status quo, is denied.
In the recommended order, the hearing officer concluded that although the City
was the prevailing party neither party was entitled to an award of attorney's fees. In the
11
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supplemental recommended order, the hearing officer found that the FOP Is the ·-··· ·-·· -····· ···--·· - -·- .. ···---·- ·-···· -····· ···-·-··--·····----··-··-.-·- .. -··-····-·-·--··· . . ····- ···- - . ··-·--
prevailing party.
A prevailing charging party Is entitled to attorney's fees if the respondent knew or
should have known that its conduct was unlawful. See Leon County PBA v, City of
Tf!llB.hBSSf!~. ~ F::P.~8~13400at12e (1982), affd,_445 S_o..2cl 605 (Fla. 1stDCA_j984); - -
- DeMarols Ii. Military Paik Fire Control Tax District, 7 FPER if12065 at 159 (1981), affd,
411 So. 2d 944 (Fla. 4th DCA 1982); IBPAT, Local 1010 v, Anderson, 401 So. 2d 824,
. 831 (Fla. 1st DCA 1981). Pertinent to this inquiry is whether the law is well·settled in light
of prior Commission decisions. See Fort Walton Besch Fire Fighters Association v. City
of Fort Walton Beach, 11 FPER 1f 16240 at 660 (1985).
In its sole exception, the FOP excepts .to the hearing officer's conclusion that this
case involved a novel issue. Relying on Chiles v. United Faculty of Flotida, 615 So. 2d
671 (Fla.· 1993), the FOP contends that neither the state of the case law nor the clarity of
the statute· was In doubt. In essence, 1he FOP argues that the City knew or should have
l~nown that it did not have the right to unilaterally modify the collective bargaining
agreement. The City, in its response, argues that well established case law governing
contractual modifications under Section 447.4095, Florida Statutes, did not exist at the
time it was required to act. See Collier Professional Firefighters and Paramedics,
International Association of Firefighters, Local 23961 AFL·CIO v. Ea.st Naples Fire Control
& Rescue District, 40 FPER i-J 176 (2013).
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The FOP's reliance on Ch;fes is misplaced because Chi/es did not involve the .. - ·- .. ' ··•.·-- .. ··--··· .. ._, ..... ·- ···-· --------·----· . - .. ·-·- ·-· .. . .. . ··--· ... -· .... -.-·· ·--- .. .. . . ·---· . . . . -··· --~---·-· . -·· .,.
Interpretation or application of Section 447.4095, Florida Statutes. The Florida Supreme
Court issued Chiles in 1993 and Section 447.4095, Florida Statutes, was created by the
legislature In 1995. See Ch. 95-218, § 2, Laws of Fla. Moreover, in Chiles, the Supreme
.:c..:. _ :::.--::..-:· · .. -=-Qou.r:t.he~d.tj:l§.t,~efQre ~nY,,!f.!}ilateral modifi~tion oould be made, the School BoaEd had. -
-to .. demonstrate a-compelllng state interest. Communications Workem of America v.
Indian River County School Board, 888 So. 2d 96, 101 (Fla. 4th DCA 2004). Here, the
hearing officer found the City had a compelling interest in reopening its contract with the
FOP and altering provisions which related to wages and pension benefits of employees
represented by the FOP. In sum, he found that a financial urgency existed.
In the absence of a case interpreting and applying Section 447:4095, Florida
Statutes, which would have warned the City that it was acting unlawfully, the City would
not l<:now or should not have l<nown that its conduct was violative of Chapter 4477 Part II,
Florida Statutes. We also note that the City prevailed before the heG\ring officer, the
Commission, the First District Court, and there was an unwritten dissenting opinion within
the Florida Supreme Court We also note that although the City was a prevailing
respondent, the hearing officer concluded that neither party was entrtled to attorney's
fees and costs. Furthermore, we agree with the hearing officer that this case
encompassed a novel Issue, Involving s1atutory Interpretation and application, as well as
constitutional issues; thus, neither party Is entitled to an award of attorney's fees. See1
13
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.- . ~·fl:~ Fire __ ~~~?__~~.!:.'~'..~~5.lo~~!s__.~'. f!ilac~.~~--C?_~unty, Local 3852, IAFF v, (1.la~f1l!.~-Cou_nty,
28 FPER ~ 33158 (2002). Therefore, the FOP's sole exception is denied.
We agree with the hearing officer's analysls of the dispositive legal issues and
conclusions of law. Accordingly, the hearing officer's recomrnended order is
The appropriate··remedy in this case requires the City to rescind the changes in
wages and.benefits that were legislatively imposed on September 30, reinstate the status
quo ante as of September 29, 2010, and make the. employees whole.2 The Clerk of the
. Commission ls directed to open a back pay case and schedule a hearing before Hearing
Officer Joey D. Rix.
On September 25, seventy-two City police officers filed a motion to intervene.
They allege that their substantial Interests may be affected by the outcome of the back
pay proceeding. The City and the FOP oppose the motion. The motion is denied as
premature with leave to refile in the back pay case.
This is not an appealable final order because the amount of back pay remains for
determination. See Deparlment of Corrections v. Schwarz, et al, 134 So. 3d 1002 (Fla.
1st DCA 2012). When the amount of back pay is resolved, the Commission will issue a
final ord.er that will allow either party to appeal the merits of 1hls order or the amount of
back pay.
2The City's argument that the back pay award should be llmlted to a certain period of time is appropriately addressed by the hearing officer In the back pay case.
14
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It is so ordered . . . .. ·poor:E;··ct1afr; 61\X and KiSER, commfasioners, concur.
I HERJ;.~Y,,CERTlFY that this document was filed and a copy served on each party on ~~ (J , 2017.
-/bjk
BY~kU~
cc: Attorneys representinQ the police officers who filed the motion to lnteivene;
Hoss Hernandez, Esquire 4551 Ponce Del Leon Boulevard Coral Gables, Florida 33146-1832
Richard John Diaz., Esquire 3127 Ponce Del Leon Boulevard Coral Gables, Florida 33134
H.K. "Skip" Pita, ~squire, and Randy M. Weber, Esquire 9350 South Dixie Highway Suite 1200 Miami, Florida 33186
15
I