The Broward Police Benevolent Association (BPBA) has lost its case alleging that the city of Hollywood acted in "bad faith" when it declared a state of "financial urgency" two years ago, and they aren't going to be able to appeal that judgment to the Florida Supreme Court.
That's because when the three-judge panel at the Florida 1st District Court of Appeal delivered its Monday ruling, upholding an earlier judgment by the state Public Employees Relations Commission, it did so without authoring a written opinion explaining the decision.
Under the Florida Rules of Appellate Procedure, that means the decision is the end of the line for the police union, which last week asked the judges to rule that a declaration of financial urgency by a local government twice within the same fiscal year was conclusive, or near-conclusive, evidence of bad faith.
On the flip side, that also means Monday's ruling is not a binding precedent for unions who make the same argument in future cases.
I'm gratified by the rapid and decisive ruling upholding the decision favoring the city on all points, David Miller, who represented the city of Hollywood in the case, told Sunshine State News after the ruling had been published, less than a week after the court heard oral arguments. It's certainly upholds the ability of government employers in these extraordinary situations to be able to take steps to avoid bankruptcy, and I think that's a good thing.
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 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.
As SSN reported Friday, attorneys for the police union argued that a second such declaration within a single fiscal year was evidence the city was acting in bad faith. Miller previously told SSN a ruling in favor of the BCPBA would have amounted to a declaration that cities can't declare financial urgencies until after they went bankrupt.
Attorneys for the police union did not return repeated requests for comment before this story went to press.
Reach Eric Giunta at egiunta@sunshinestatenews.com or at 954-235-9116.
