Ordinance 2013-40 IHMT
ORDINANCE NO. 2013 -40
By
O ' DINANCE OF THE BOARD OF COUNTY COMMISSIONERS
2 COLLIER COUNTY, FLORIDA, SETTING FORTH THE TITLE;
PROVIDING FOR THE PURPOSE; PROVIDING FOR A
REFERENCE TO COUNTY MANAGER; PROVIDING FOR THE
BOARD AS POLICY MAKER; PROVIDING FOR THE
APPOINTMENT, QUALIFICATIONS, COMPENSATION AND
VACANCY OF THE COUNTY ADMINISTRATOR; PROVIDING FOR
THE POWERS AND DUTIES OF THE COUNTY ADMINISTRATOR;
PROVIDING FOR THE REPEAL OF ORDINANCE NO. 93-72, AS
AMENDED; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 125, Florida Statutes, authorizes the Board Fo Canty
Commissioners to provide for effective administration for the adequate and efficient prvvisi, i orfl
services to the citizens of Collier County; and
WHEREAS, the Board of County Commissioners believes the foregoing of je Live.-tsay l
best be realized by placing in the hands of the County Manager the multitude of ad*istra ive
and ministerial details which necessarily arise in the operations of County governm so-that
the Board of County Commissioners may freely perform and without unnecessary iiuptin,
its fundamental purpose and function of making policies within the framework of law applicable
to County government within this state; and
WHEREAS, the Board of County Commissioners wishes to repeal and replace its
current County Administrative Ordinance, Ordinance 93-72, as amended, with this ordinance.
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 Administrator's
Ordinance."
SECTION TWO: Purpose.
It is the legislative intent that it is necessary to authorize a form of county administration
that best assures an adequate and efficient provision of services to the citizens of Collier County,
that provides for coordinated administration of county departments to better protect the health,
welfare, safety, and quality of life of the residents of Collier County, and that places in the hands
of a county administrator the multitude of details which must necessarily arise from the operation
of a county as a unit of local government and, thus, enables the Board of County Commissioners
to perform freely, without unnecessary interruption, its fundamental intended purpose of making
policies within the framework of law applicable to county government in this state. It is the
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further legislative intent to provide a formula and structure for the economic and efficient
conduct of county affairs by making the county administrator established by this ordinance
responsible for handling of all things necessary to accomplish and bring to fruition the policies
established by the Board of County Commissioners.
SECTION THREE: Reference to County Manager.
Any reference to "county manager" in this Code or existing or future ordinances,
resolutions, minutes, legal instruments and other documents shall be understood to refer to the
"county administrator."
SECTION FOUR: Board as Policy Maker.
In keeping with F.S. ch. 125, part III, this Ordinance grants to the County Administrator
only those powers and duties which are administrative or ministerial in nature and not to delegate
any governmental power imbued in the Board of County Commissioners as the governing body
of the county pursuant to Fla. Const. art. VIII, §1(e). To this end, the below specifically
enumerated powers are to be construed as administrative in nature, and in any exercise of
governmental power the County Administrator shall only be performing the duty of advising the
Board of County Commissioners in its role as the policy-setting governing body of the county
and carrying out its directives and policies.
Except as provided below, as the policy-setting governing body, the Board and its
members shall defer to the County Manager the day-to-day handling of the administrative and
ministerial powers and duties enumerated below, including the supervision, appointment or
removal of his subordinates. No County Commissioner shall direct or request the appointment
of any person to, or his removal from, Office of the County Administrator or by any of his
subordinates, or in any manner take part in the appointment or removal of officers or employees
in the administrative services of the county except as provided by this article. Neither the Board,
nor any member thereof shall interfere in the performance of the duties of any subordinate of the
County Administrator, either publicly or privately, except for the purposes of inquiry and
information. Nothing contained herein shall prevent a County Commissioner from expressing a
concern to the County Manager about the actions or performance of an employee.
SECTION FIVE: Appointment,qualifications,compensation and vacancy.
(a) The County shall have a County Administrator appointed by the Board of County
Commissioners, which officer shall be the administrative head of the county and shall be
responsible for the administration of all departments of the county government which the board
has authority to control pursuant to F.S. ch. 125, pt. III (F.S. § 125.70 et seq.), the general laws
of Florida, and other applicable legislation.
(b) Recruitment for the position of County Administrator shall be in such manner as may
be determined by the Board.
(c) The County Administrator shall be qualified by administrative and executive
experience and ability to serve as the Chief Administrator of the county. The County
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Administrator shall be appointed by an affirmative vote of not less than three members of the
Board and may be removed at any time by an affirmative vote, upon notice, of not less than three
members of the Board, after a hearing if such a hearing is requested by the County
Administrator; provided, however, such removal shall occur no sooner than 14 days after
adoption of a resolution of intent to terminate the employment of the County Administrator. The
County Administrator need not be a resident of the county at the time of appointment, but during
tenure in that office must reside within the county.
(d) The County Administrator 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 Administrator.
The compensation of the County Administrator shall be fixed by the Board unless otherwise
provided by law.
(e) The Office of County Administrator shall be deemed vacant if the incumbent County
Administrator moves his residence from the county or is, by death, illness, or other casualty,
unable to continue in office. A vacancy in the office shall be filled in the same manner as the
original appointment. The Board may appoint an Acting County Administrator in the case of
vacancy or temporary absence or disability until a successor has been appointed or the County
Administrator returns.
SECTION SIX: Powers and Duties.
(a) The County Administrator shall be responsible for the administration of all
departments that are responsible to the Board and for the proper administration of all affairs
under the jurisdiction of the Board. To that end, the County Administrator shall by way of
enumeration and not by way of limitation, have the following specific powers and duties to:
(1) Administer and carry out the directives and policies of the Board and enforce all
orders, resolutions, ordinances, and regulations of the Board to assure that they are faithfully
executed.
(2) Report to the Board on action taken pursuant to any directive or policy within the time
set by the Board and provide an annual report to the Board on the state of the county, the work of
the previous year, and any recommendations as to actions or programs deemed necessary for the
improvement of the county and the welfare of its residents.
(3) Provide the Board, or individual members thereof, upon request, with data or
information concerning county government and to provide advice and recommendations on
county government operations to the Board.
(4) Prepare and submit to the Board for its consideration and adoption an annual
operating budget, a capital budget and a capital program.
(5) Establish the schedules and procedures to be followed by all county departments,
offices, and agencies in connection with the budget and supervise and administer all phases of
the budgetary process.
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(6) Prepare and submit to the Board after the end of each fiscal year a complete report on
the finances and administrative activities of the county for the preceding year and submit
recommendations.
(7) Supervise the care and custody of all county property.
(8) Recommend to the Board a current position classification and pay plan for all
positions in county service.
(9) Develop, install, and maintain centralized budgeting, personnel, and purchasing
procedures.
(10) Organize the work of county departments, subject to an administrative code
developed by the County Administrator and adopted by the Board, and review the departments,
administration, and operation of the county and make recommendations pertaining thereto for
reorganization by the Board.
(11) Select, employ and supervise all personnel and fill all vacancies, positions or
employment under the jurisdiction of the Board except County Attorney. However, the
employment of an Assistant County Administrator, the Executive Director of the County Airport
Authority and all Division Administrators shall require confirmation by the Board.
(12) Suspend, discharge, or remove any employee under the jurisdiction of the Board
pursuant to procedures adopted by the Board.
(13) Negotiate leases, contracts, and other agreements, including consultant services, for
the county, subject to approval of the Board, and make recommendations concerning the nature
and location of county improvements.
(14) See that all terms and conditions in all leases, contracts, and agreements are
performed and notify the Board of any noted violation thereof.
(15) Order, upon advising the Board, any department under his jurisdiction as specified in
the administrative code to undertake any task for any other agency on a temporary basis if he/she
deems it necessary for the proper and efficient administration of the county government to do so.
(16) Attend all meetings of the Board with authority to participate in the discussion of
any matter.
(17) Perform such other duties as may be required of the County Administrator by the
Board.
(18) The County Manager shall have the authority to provide the Board of County
Commissioners and the Planning Commission with reports and recommendations with respect to
matters before such bodies as directed by the Board of County Commissioners.
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(b) Notwithstanding any of the foregoing, the powers and duties of the County
Administrator herein defined shall not be construed to limit the right of the Board to retain and
employ its own staff with such powers and duties as the Board may designate. This shall
specifically include the right to retain legal counsel who shall report directly to the Board and
who shall have sole responsibility for the management of the legal staff.
SECTION SEVEN. Repeal of Ordinance 93-72, as amended.
Ordinance 93-72, as amended by Ord. No. 95-49, Ord. No. 01-77, Ord. No. 04-55, Ord.
No. 2006-03, and Ord. No. 2011-11, is hereby repealed.
SECTION EIGHT: 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 NINE: 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 TEN: 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 ;e-{-kAN. day of , 2013.
ATTEST: '. 2^t r 1 BOARD OF COUNTY COMMISSIONERS
DWIGHT'E:•BROCK, Clerk COLLIER COUNTY,/FL/RID
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el 9'/ _— �� By.
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:Attest as to Chairman's., Deput}{ Cl: k % GEORGIA A. I■ ' 17ESQ.
signature only. . , y:; CHAIRWOMAN
Approved . ■ form and
legal s y: This ordnance filed with the
ca i c r,,�Q'S §fii� the
Secretary o Zot
MA.. �u...T eri4et of that
Jeffrey • ' latz ow and ockceived g 4vy ii.o,,County rney oifin. r_ceived tyste--.9.—c I/
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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 2013-40
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•' ,' F f
Clerk of Courr•s& d 4Clrk
Ex-officio to;$oa.c of '',
County Commzqsi ieris , „.
c
By: Martha' Vergara
Deputy Clerk