PANAMA CITY, FLORIDA, PETITIONER,
v.
PUBLIC EMPLOYEES RELATIONS COMMISSION ET AL., RESPONDENTS
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Panama City sought review of a Public Employees Relations Commission (PERC) decision and requested PERC prepare and certify the record. PERC refused, claiming it was the petitioner's responsibility. The court held that PERC must prepare the record and established procedures for doing so.
The Public Employees Relations Commission is responsible for preparing the record for review. The court established two acceptable methods for record preparation: transmitting original papers and certified transcripts, or preparing a certified copy of the record if parties stipulate or PERC determines the original papers should be retained.
[1] The Public Employees Relations Commission has the responsibility to prepare the record for judicial review.
[2] In the absence of a specific rule, the Public Employees Relations Commission may transmit the original record or a certified transcript of the record for review.
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Join FLexlaw to unlock all legal intelligence“It is the Public Employees Relations Commission's responsibility to prepare the record for review.”
Establishes the core holding that PERC must prepare the record, not the petitioner
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Join FLexlaw to unlock all legal intelligencePanama City filed a direction with PERC to prepare, certify, and transmit the record on review. PERC refused to comply, arguing that the petitioner bo…
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MILLS, Judge.
Petitioner filed its directions to Public Employees Relations Commission to prepare, certify and transmit the record on review to this Court. Public Employees Relations Commission refused to comply. Public Employees Relations Commission contends that it is petitioner’s responsibility to prepare the record. Petitioner now moves for an order directing Public Employees Relations Commission to prepare the record. We grant petitioner’s motion on authority of our decision in Pasco County School Board v. Public Employees Relations Commission, 336 So. 2d 483, opinion filed August 23, 1976.
It is the Public Employees Relations Commission’s responsibility to prepare the record for review. Pasco County School Board v. Public Employees Relations Commission, supra. In the absence of a rule prescribing the method of preparation, and until the Supreme Court of Florida has adopted a rule, we suggest that the record be prepared in one of the following manners:
1. Original Record. Public Employees Relations Commission shall transmit all of the designated portions of the original papers and exhibits in the proceeding in which the review is taken, together with a copy of any such parts of the proceedings as were stenographically reported and have been designated by the parties and certified by the reporter for inclusion in the record on review, and certified copies of the order, of which review is sought.
2. Transcript of Record. If the parties shall so stipulate or if the Commission is of the opinion, that the original papers in the case should be kept in the Commission pending the review for use in other proceedings or for other valid reason, the Commission may make an order to that effect, and thereupon it shall be the duty of the Commission to transmit to this Court a certified copy of the record.
The cost of preparing the record shall be borne by the party requesting the record and shall not exceed the cost which a clerk of a circuit court may charge for preparation of a record on appeal in accordance with the Florida Appellate Rules.
Public Employees Relations Commission shall have thirty days from the date of this order within which to prepare and transmit the record on review to this Court. Petitioner shall have thirty days after the date the record on review is filed with this Court to file and serve its brief in support of its petition on review.
McCORD, Acting C. J., and SMITH, J., concur.
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Citator
Cited By
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Robert Mick, D.D.S. v. Fla. State Bd. OF Dentistry, 338 So. 2d 1297 (Fla. 1st DCA 1976)…; University of South Florida College of Medicine Faculty Association v. Public Employees Relations Commission, et al., Fla.App. 1976, 338 So. 2d 1286 and City of Panama City, Florida v. Public Employees, Relations Commission, et al., Fla.App. 1976, 338 So. 2d 1284.) Although said cases sought review of actions involving the Public Employees Relations Commission, we have determined that the procedures there established should be made applicable to reviews generally under the Administrative Procedures Act. Acco…
Authorities Cited
- Pasco Cnty. Sch. Bd. v. The Pub. Emps. Relations Comm'n, 336 So. 2d 483 (Fla. 1st DCA 1976)