§ 12. Additional powers with respect to employees and practices.  


Latest version.
  • In order to enable JEA to implement and accomplish any joint electric power project with respect to which JEA has entered into an agreement under Section 2(a) of this act, JEA shall have the following powers, in addition to powers otherwise conferred:

    (1)

    (a)

    Employees.—To employ personnel whose duties shall relate exclusively to any such joint electric power project. Such employees shall not be employees of the City of Jacksonville, or members of the Civil Service System of the City of Jacksonville, nor shall they participate in the pension fund of the City notwithstanding any provision of the Charter or Ordinance Code of the City of Jacksonville to the contrary except as provided in this section. JEA may fix and pay to such employees such compensation and provide to them such other employee rights and benefits as it shall determine. In addition, JEA may allocate to the joint electric power project the services of any of its other employees, whether appointed or within the Civil Service System of the City, from time to time on a temporary basis in order to provide necessary support or assistance to the joint electric power project. Such temporary assignment of any civil service employee to a project shall not exceed 60 consecutive days in duration. In the event that an employee of JEA who is a member of the classified civil service system of the city and is participating in the 1937 Employees' Pension Fund of the city should become a full-time employee of any such joint electric power project after the effective date of this act, then such employee shall no longer be a member of the city civil service system and shall relinquish all rights and privileges inuring to employees within said system and shall thereafter be entitled only to those benefits as shall be afforded other full-time employees of the joint electric power project, except as provided by this section.

    (b) Pension participation.—An employee who shall leave the JEA employment in order to become an employee of such a project without break in service may, at his or her option, continue as a member of the 1937 Employees' Pension Fund and upon continuation shall make the required employee contribution thereto and the matching contribution which had theretofore been paid into this fund by JEA on behalf of such employee shall thereafter be assumed and paid by the project. No person who is receiving time service pension payments from any pension fund of the city may become an employee of a joint electric power project and continue to receive payments from the fund during such period of employment. However, should any such person whose pension benefits have been so terminated cease his or her employment with the joint electric power project, he or she shall immediately become qualified for and be entitled to receive those benefits he or she had previously been entitled to. Any person receiving a time service pension under the 1937 Employees' Pension Fund of the city who becomes an employee of St. Johns River Power Park may elect to join either the St. Johns River Power Park retirement plan or to rejoin the 1937 Employees' Pension Fund. Any employee who may elect to rejoin the 1937 Employees' Pension Fund shall not be eligible to participate in any St. Johns River Power Park retirement plan including social security. The St. Johns River Power Park shall make the required employer contribution into the fund for such employees in the same manner and amount as JEA is required to do for JEA employees who are members of the fund. Any active employee of the St. Johns River Power Park participating in the St. Johns River Power Park retirement plan who, without break in service, becomes an employee of JEA may, at his or her option, continue as a member of the St. Johns River Power Park retirement plan including social security. JEA shall make the required employer contribution into the fund for such employees in the same manner and amount as the St. Johns River Power Park is required to do for St. Johns River Power Park employees who are members of the fund. This option to remain as a member of the St. Johns River Power Park retirement plan after becoming an employee of JEA or to remain as a member of the 1937 Employees' Pension Fund of the City after becoming an employee of the St. Johns River Power Park shall be available and limited to the first 150 employees exercising either option.

    (2) To establish or approve, and to implement, policies and procedures providing for the letting of contracts for the procurement and disposal of property, work, professional and nonprofessional services, products, supplies, equipment and materials of any nature needed for the financing, construction and operation of any such joint electric power project. Such policies and procedures shall govern exclusively JEA's contracting and procurement and disposal practices in connection with the joint electric power project notwithstanding any provision of the Charter or the Ordinance Code of the City of Jacksonville to the contrary.

    (3) To provide in any such agreement for the submission of disputes among the parties arising under such agreement to arbitration proceedings for resolution. Unless otherwise provided in such agreement, the determination in such arbitration proceedings shall be final and biding [binding].

    (4) To provide for the establishment and revision of construction and operating budgets for such joint electric power project. JEA shall not be required to submit to the Council for approval any budgets relating to the joint electric power project. All such budgets shall become effective without approval of the Council notwithstanding any provision of the Charter or the Ordinance Code of the City of Jacksonville to the contrary.

(Laws of Fla., Ch. 82-312, § 8; Laws of Fla., Ch. 90-439, § 1; Laws of Fla., Ch. 99-459, § 10; Laws of Fla., Ch. 2000-390)