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1. DEPUTY SHERIFFS HAVE THE RIGHT TO COLLECTIVE BARGAINING UNDER
FLORIDA CONSTITUTION:
In a four to three decision the Florida Supreme Court
has determined that deputy sheriffs, like all other employees, are
entitled to collective bargaining rights under express provisions of
the Florida Constitution. The Court reviewed a decision of the Fifth
District Court of Appeal, which certified the following question to
be of great public importance: “Are deputy sheriffs categorically
excluded from having collective bargaining rights under Chapter 447?” In
a key move, strenuously objected to by the three dissenters, the Court
rephrased the certified question as follows: “Are deputy sheriffs
categorically excluded from having collective bargaining rights under
the Florida Constitution?” Receding from its decision to the
contrary twenty five years earlier, the Court gave Article I, Section
6, of the Florida Constitution its plain meaning: “The right
of persons to work shall not be denied or abridged on account of membership
or non-membership in any labor union or labor organization. The right
of employees, by and through a labor organization, to bargain collectively
shall not be denied or abridged. Public employees shall not have the
right to strike.” The Court found no legislative history or compelling
state interest sufficient to deprive deputy sheriffs of the right to
collective bargaining. The three dissenters complained that the majority,
by rephrasing the certified question from one pertaining to Chapter
447 to one interpreting the Florida Constitution, completely changed
the nature of the case. The district court below made its decision
pursuant to an interpretation of Chapter 447 and did not address the
issue from a constitutional perspective. Even the case receded from
was based primarily on the Court’s prior interpretation of Chapter
447, not Article I, Section 6 of the Florida Constitution. Nevertheless,
now deputy sheriffs in Florida have the same right to collective bargaining
as all other employees -- public and private. Coastal Florida Police
Benevolent Association, Inc. v. Williams, 28 Fla. L. Weekly S91 (Fla.,
January 30, 2003).
2. BJORKMAN JOINS INVESTMENT FIRM:
Russell Bjorkman, a former member of the Florida Investment
Advisory Council, has joined Intech, a large-cap equity money manager.
Bjorkman recently stepped down as a member of the Council, which reviewed
investment performance and procedures for the Florida State Board of
Administration, investment arm of the Florida Retirement System. Bjorkman
will serve as a product specialist for the firm, and will meet with
clients to help analyze their portfolios. Previously, Bjorkman served
as a Trustee of the Miami Fire Fighters’ Relief and Pension Fund
and as Chair of the City of Miami Fire Fighters’ and Police Officers’ Retirement
Trust -- both regular Cypen & Cypen clients.
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