Broward Police Union Loses Appeal in 'Financial Urgency' Case

A three-judge panel ofFlorida's 1st District Court of Appeal has denied the appeal of the Broward Police Benevolent Association (PBA) from a decision by the statePublic Employees Relations Commission, upholding the right of the city of Hollywood to declare a state of "financial urgency" more than once during a fiscal year.

The court did not accompany its ruling with a written opinion.

As Sunshine State News reported Friday, lawyers for the Broward PBA had argued that a second declaration of "financial urgency" within a single fiscal year was, ipso facto, evidence of bad faith on the part of a local government. Attorneys for the city had warned that the fiscal consequences for a ruling in favor of the unions would have been disastrous.

Since 1995, Florida's Public Employees Relations Act (PERA) has allowed local governments to renegotiate labor contracts when faced with unexpected fiscal emergencies. (State law requires city and county governments to adopt a balanced budget each year for the following fiscal year.)Facing a budget gap of almost $12 million, the city of Hollywood declared a state of financial urgency in September 2010, after which it successfully renegotiated its contracts with unions, including the Broward County Police Benevolent Association (BCPBA). But six months later, after projected revenues failed to materialize and the city was expected to lose another $7.4 million, a second state of financial emergency was declared.

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