Ordinance 2013-34 IX
NO. 2013 -34
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By
i = DINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, SETTING FORTH THE OFFICE OF
THE COUNTY ATTORNEY; THE METHOD AND CONDITIONS FOR
SELECTION, APPOINTMENT AND REMOVAL OF THE COUNTY
ATTORNEY; THE DUTIES OF THE COUNTY ATTORNEY; THE
FUNDING FOR THE OFFICE OF THE COUNTY ATTORNEY;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 125.01(1)(b), Florida Statutes, authorizes the Board of County
Commissioners to provide for the prosecution and defense of legal causes in behalf The Ginty
and retain counsel and set their compensation; and '
WHEREAS, the Board of County Commissioners has historically employau!a; Cbllnty ""'
Attorney and a County Attorney's Office to assist the Board and staff; and ;°' -o ill
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WHEREAS, the Board of County Commissioners wish to formalize the &le of-he
County Attorney and the County Attorney's Office. orn °
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Title and Citation.
This Ordinance shall be known and may be cited as the "Collier County Attorney's
Ordinance."
SECTION TWO: The County Attorney and Office of the County Attorney.
The County Attorney shall be the chief legal counsel to the County and shall be the head
of the County Attorney's Office. The County Attorney's Office shall serve the Board of County
Commissioners, County Manager and County Agencies and Departments, and any other entity as
directed by the Board, in all legal matters affecting county government. The Office of the
County Attorney shall consist of the County Attorney, together with a Deputy County Attorney,
assistant county attorneys, law clerks, legal secretaries, paralegals and other personnel as may
from time to time be employed by the County Attorney. The Office of the County Attorney shall
be managed and operated in accordance with the terms of this ordinance, the Policies and
Procedures Manual of the Office of the County Attorney, and any written contract between the
Board and the County Attorney.
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SECTION THREE: Method and conditions for selection, appointment and removal of
the County Attorney.
(a) Recruitment for the position of County Attorney shall be in such manner as may
be determined by the Board.
(b) The County Attorney shall be appointed by an affirmative vote of not less than
three members of the Board and serve at the will and pleasure of the Board.
(c) The County Attorney shall be appointed by written contract negotiated with the
Board which contract may set out the terms and conditions of employment and removal and
specify any additional powers and duties delegated or assigned to the County Attorney.
(d) The County Attorney shall be and shall remain duly authorized to practice law in
the State of Florida, and shall have such experience as determined by the Board.
(e) The County Attorney need not be a resident of the County at the time of
appointment, but during the Attorney's tenure in office shall reside within the County.
(f) The position of the County Attorney shall be deemed vacant if the incumbent is
removed, resigns, moves his residence from the County or is, by death, illness or other casualty,
unable to continue in office. In the case of vacancy or disability, the Deputy County Attorney
shall serve as the County Attorney until a successor has been appointed by the Board or the
County Attorney resumes the duties of the position.
SECTION FOUR: Duties of the County Attorney.
(a) The County Attorney shall exclusively represent the County in all legal matters,
and as set forth below, with Board direction shall retain outside counsel to assist in such
representation. The duties, responsibilities and authority of the County Attorney shall include,
without limitation:
(1) Employing and managing all personnel of the County Attorney's Office,
establishing the organizational framework of the Office, and supervising the
conduct of all employees of the Office of the County Attorney.
(2) Providing legal advice and counsel to, and legal representation of the Board and
all County departments, agencies, advisory boards, officers and employees on
matters pertaining to the business of the County or in connection with the duties
of the Board, department, agency, officer or employee.
(3) Representing the County in all litigation, administrative hearings, mediation,
appeals and judicial proceedings in which the County, the Board, or a County
department or agency under the jurisdiction of the Board is a party. With the
approval of the Board, the County Attorney may employ outside counsel for such
proceeding, on such terms and conditions as the Board finds appropriate and
consistent with the County's purchasing policies.
(4) Advising and providing recommendations to the Board regarding the need for the
selection of any special counsel to be retained by the County and its agencies to
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provide legal representation in specified matters not related to litigation, and
thereafter supervising, monitoring and coordinating, as appropriate, the
representation, services and work of any special counsel so employed.
(5) The County Attorney shall be the registered agent of the County and its agencies,
including but not limited to the Collier County Community Redevelopment
Agency; the Collier County Airport Authority; and the Collier County Water-
Sewer District, and shall be the sole authorized agent for acceptance of service of
process on behalf of Collier County and all of its agencies.
(6) The County Attorney shall review and approve all draft ordinances, resolutions,
contracts and other legal documents (such as grant awards) prior to their being
presented to the Board, shall attest that each such document has been approved as
to form and legality, and shall cite with specificity any ordinance, statute,
constitutional or other provision on which the proposed action is based.
(7) With the assistance of the County Manager, the County Attorney shall be
responsible for ensuring the proper execution of all Board approved contracts,
resolutions and ordinances, and shall ensure the preservation of the chain of
custody of such documents from Board approval, to execution through recording
in the Official Records of the Clerk of Courts.
(8) All legal information relating to the County shall be immediately forwarded to the
County Attorney upon receipt of such information by any member of the Board
and/or County Staff, including but not limited to matters relating to threatened,
pending or actual litigation, whether criminal, civil or administrative in nature.
(9) The County Attorney shall be the Chief Ethics Officer for the County and its
agencies.
(b) The Office of the County Attorney shall provide legal advice and counsel to and
representation of any other State or local governmental office, unit, or entity as may be required
by law or interlocal agreement entered into by the Board.
(c) To implement the duties set forth above, the County Attorney shall develop
administrative practices and procedures to be approved by the Board for inclusion into the
Collier County Administrative Code, which practices and procedures shall thereafter be
respected by the Board and County staff
SECTION FIVE: Funding for the Office of the County Attorney.
The County Attorney shall prepare a budget for the Office of the County Attorney to be
presented to the Board in accordance with the annual budget process adopted by the Board. The
Board shall appropriate funds as necessary from the general fund or other legally available funds
of the County to employ the County Attorney and personnel of the Office of the County Attorney
and provide necessary and reasonable expenses for the operation, management, space, facilities,
and expenses usually associated with the practice of law. Such appropriations shall be subject to
periodic review and adjustment in accordance with the budgetary process of the County.
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SECTION SIX: Conflict and Severability.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION SEVEN: Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinance of Collier County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION EIGHT: Effective Date.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this \4 day of Ma1/4_\ 2013.
ATTEST: .:... �?� BOARD OF COUNT COMMISSIONERS
DWIGHT l ;BROCK ,•cIer COLLIER COUNTY, FLORIDA
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By: L.aAlfi '.E By: '
e ut . rk a'
Attest as to Cha; a> . P` r' GE� �' HILLER, ESQ.
Signature only. CHA • 1 OMAN
Approvtd 's to form and
legal s
Jeffrey • . KI tzkow
County • tto ey
This ordinance filed ihj the
Secretory of Stote'S Offe the
'L� doy of . ,
and ocknaw.edgee
{il;r:g received 4"s13-
$y ►•. ' cI.rk
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I , DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of :
ORDINANCE 2013-34
which was adopted by the Board of County Commissioners
on the 14th day of May, 2013 , during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 20th
day of May, 2013 .
DWIGHT E. BROCK
Clerk of Courts andt.Clerk
Ex-officio to Board o€ :'
County Commissio n's;..3 ' 1,-,',
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By: Martha Verg= `' .
Deputy Cler Jr r