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Agenda 11/14/2017 Item #10A11/14/2017 EXECUTIVE SUMMARY Recommendation to direct the County Attorney to advertise and bring back for a public hearing an ordinance reestablishing the productivity committee. OBJECTIVE: For the Board of County Commissioner to reinstate the Collier County Government Productivity Committee. CONSIDERATIONS: In 1991, Collier County adopted Ordinance 91-10 which created the Productivity Committee to review the efficiency of departments of county government under the jurisdiction of the Board of County Commissioners, which ordinance was amended from time to time. The primary purpose of the Productivity Committee was as follows: “The Committee shall evaluate departments and divisions of Collier County Government under the jurisdiction of the Board of County Commissioners to determine if those departments and divisions are operating at appropriate levels of efficiency and effectiveness to meet the expectations of the people of Collier County. Without limiting the generality of the foregoing, the Committee may analyze and review existing structures, organizations, staffing, management, functions, business practices, and procedures of any or all departments and divisions under the jurisdiction of the Board of County Commissioners. The Committee may also conduct budget reviews, as appropriate, of any county based governmental entity or office for which budgetary or other major financial oversight is exercised by the Board of County Commissioners. The objective is to assure the County’s taxpayers that all options to conserve tax dollars are being explored and that tax dollars are being used responsibly.” The Committee was disbanded by the Board on November 10, 2013, along with a number of other committees that the Board identified as no longer active or necessary. I believe that it would be advantageous to the County to reinstate this committee to make recommendations for cost-saving and efficiency measures. FISCAL IMPACT: Estimated cost of advertising is $350. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, and is approved as to form and legality. The County Attorney took the Productivity Committee Ordinance in effect when repealed by the Board. Commissioner McDaniel then made changes to the Ordinance as proposed improvements to the Committee. Those changes are noted as underline/strikethrough to the repealed ordinance, which is attached. One of the proposed changes involves the composition of the Board, and is intended to mirror the Planning Commission with one member each from each District (nominated by the Commissioner of the District) and two at-large members. The County Attorney deleted Section Nine (Review Process) of the repealed ordinance as that process referred to an advisory board practice that was eliminated by the Board. If approved, the County Attorney will advertise a clean version of the attached ordinance (as may be further amended by the Board) for a public hearing before the Board. This item requires majority vote for approval. -JAK GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners directs the Country Attorney to advertise and bring back for a public hearing an ordinance reestablishing the Productivity Committee. PREPARED BY: Commissioner William L. McDaniel, Jr. 11/14/2017 ATTACHMENT(S) 1. Proposed Ordinance - Productivity Committee (PDF) 11/14/2017 COLLIER COUNTY Board of County Commissioners Item Number: 10.A Doc ID: 4174 Item Summary: ***This item continued from the October 10, 2017 BCC Meeting*** Recommendation to direct the County Attorney to advertise and bring back for a public hearing an ordinance reestablishing the productivity committee. Meeting Date: 11/14/2017 Prepared by: Title: Legal Assistant/Paralegal – County Attorney's Office Name: Virginia Neet 11/07/2017 10:22 AM Submitted by: Title: – Board of County Commissioners Name: Bill McDaniel 11/07/2017 10:22 AM Approved By: Review: Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/07/2017 10:38 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 11/07/2017 12:29 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/07/2017 12:55 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 11/07/2017 3:46 PM Board of County Commissioners MaryJo Brock Meeting Pending 11/14/2017 9:00 AM ORDINANCE NO. 2017 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR RE- ESTABLISHMENT OF THE COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE; PROVIDING FOR APPOINTMENT AND COMPOSITION; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR REMOVAL FROM OFFICE, FAILURE TO ATTEND MEETINGS; PROVIDING FOR OFFICERS, QUORUM, RULES OF PROCEDURE; PROVIDING FOR REIMBURSEMENT OF EXPENSES; PROVIDING FOR THE FUNCTIONS, POWERS AND DUTIES OF THE COMMITTEE; PROVIDING FOR THE DUTIES OF THE COUNTY MANAGER'S OFFICE AND THE CLERK OF COURTS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on January 29, 1991, the Board of County Commissioners (Board) adopted Ordinance No. 91-10, establishing the County Government Productivity Committee (Committee) to review the efficiency of departments of County government under the jurisdiction of the Board; and WHEREAS, through its adoption of Ordinance No. 2001-37, the Board repealed Ordinance No. 91-10, as amended, to incorporate revisions requested by the Committee; and WHEREAS, the Board subsequently suspended the activities of the Committee via Resolution No. 2012-161 at the request of the Committee's Chairman. This was due to the number of vacancies on the Committee and the resulting canceled meetings due to a lack of quorum; and WHEREAS, on November 10, 2013, the Board adopted Ordinance No. 2013-62, which terminated certain advisory boards and committees, including the County Government Productivity Committee, identified as no longer active or necessary and not required by statute; and WHEREAS, the Board desires to re-establish the County Government Productivity Committee to assure the County's taxpayers that all options to conserve tax dollars are being explored and that tax dollars are being used responsibly. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Re-establishment of the County Government Productivity Committee. The County Government Productivity Committee (the "Committee") is hereby re- established to review the efficiency of departments of County government under the jurisdiction of the Board of County Commissioners. SECTION TWO: Appointment and Composition. A. The Committee shall be composed of eleven (11) seven 7 members who are appointed by resolution of the Board of County Commissioner. Of these seven members, there shall be one member from each of the five County Commission Districts, and two at -large members. Committee candidates for the five County Commission District seats must be nominated by the Commissioner of the District in which the candidate resides for both initial and subsequent terms and receive a simple majority vote of the Board of County Commissioners. The two at large members can be nominated by any Commissioner, but must receive a four-fifths vote of the BCC for appointment or reappointment. They shall possess special expertise and experience related to managing large organizations. In general terms, the membership shall reflect and represent the community's diverse viewpoints and backgrounds, notwithstanding its principal problem -solving purpose. The Committee shall seek private sector expertise in those categories that promote its organization for work, as defined and advertised in specific position descriptions for all areas of specialization. The Vice Chairman of the Board of County Commissioners or his/her board designee shall serve as a liaison to the Committee and is encouraged to attend all Committee meetings. B. Members of the Committee shall be appointed by and serve at the pleasure of the Board of County Commissioners. Said members shall be permanent residents and electors of Collier County. C. Appointment of members to the Committee shall be by resolution of the Board of County Commissioners. Which resolution shall set forth the date of appointment and term of office. SECTION THREE: Terms of Office. The initial terms of office of the Committee members shall be as follows: A. Five (5) Three 3) of the District members shall serve for one (1) year. B. Six (6) Two 2) of the District members shall serve for two (2) years. C. ^'ate The at -large members shall serve for two (2) years. Thereafter, each appointment or re -appointment shall be for a term of two (2) years. A member of the Committee may be re -appointed by the Board of County Commissioners for one (1) successive term; however, other qualified applicants may be considered for any vacancy. Appointments to fill any vacancies on the Commissioner shall be for the remainder of the unexpired term of office. 2 SECTION FOUR: Removal from Office; Failure to Attend Meetings. Removal of members from the County Government Productivity Committee shall be in accordance with the provisions of Collier County Ordinance No. 2001-55, as it may be amended or by its successor ordinance. SECTION FIVE: Officers; Quorum; Rules of Procedure. A. Annually the members of the Committee shall elect a chairperson and vice chairperson from among the members. Officers' terms shall be for one (1) year with eligibility for re-election. B. The presence of fifty-one percent (51%) of the current voting membership, but never less than five three total shall constitute a quorum of the Committee necessary to take action and transact business. In addition, an affirmative vote of a simple majority, btA never- less than ` Of the members r-epresenting a quefum at any given , shall be necessary in order to take official action. Furthermore, by simple majority vote, but never less than 5 membersrp esent, the Committee shall adopt rules of procedure for its meetings, and thereafter shall be governed by its Procedures, as adopted and amended from time to time, subject to the approval of the Board of County Commissioners. C. The Committee shall keep a written record of meetings, resolutions, findings and determinations. Copies of all Committee minutes, resolutions, reports and exhibits shall be submitted to the Board of County Commissioners. SECTION SIX: Reimbursement of Expenses. Members of the Committee shall serve without compensation, but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the Board of County Commissioners. SECTION SEVEN: Functions, Powers and Duties of the Committee. The function, powers and duties of the Committee shall be as follows: A. The Committee shall evaluate departments and divisions of Collier County Government under the jurisdiction of the Board of County Commissioners to determine if those departments and divisions are operating at appropriate levels of efficiency and effectiveness to meet the expectations of the people of Collier County. Without limiting the generality of the foregoing, the Committee may analyze and review existing structures, organizations, staffing, management, functions, business practices, and procedures of any or all departments and divisions under the jurisdiction of the Board of County Commissioners. The Committee may also conduct budget reviews, as appropriate, of any county based governmental entity or office for which budgetary or other major financial oversight is exercised by the Board of County Commissioners. The objective is to assure the County's taxpayers that all options to conserve tax dollars are being explored and that tax dollars are being used responsibly. If so requested by a constitutional officer, the Committee may perform additional functions for that office. in gFeater- de B. Each member of the Committee may be assigned to serve on one or more subcommittees. C. The Committee ^r eaeh membeF thee- shall prepare a report of findings and recommendations to be submitted directly to the Board of County Commissioners upon completion of such findings, provided, however, that such report and recommendations shall also be submitted to the County Manager's Office to provide an opportunity for staff review. D. The Committee meetings shall be open to the public. SECTION EIGHT: Duties of the County Manager's Office and the Clerk of Courts. The County Manager's Office will provide such documentation, information, descriptions of procedures, secretarial support and general assistance to the Committee as may be necessary for the Committee to carry out its functions as set forth herein. The Clerk of Courts may provide the Committee with technical support concerning financial auditing procedures and other technical assistance relating to financial audit and finance during the course of the Committee's reviews. r. • SECTION 41WNINE: 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 court of competent jurisdiction holds any phrase or portion of the Ordinance invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION STEN: Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and may be made a part of the Code of Laws and Ordinances of Collier County, Florida. The section of the Ordinance may be renumbered or re -lettered to accomplish such, and the word "Ordinance" may be changed to "Section," "Article," or any other appropriate word. SECTION 'T WELVEELEVEN: Effective Date. This Ordinance shall take effect upon filing with the Florida Department of State. 4 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of September, 2017. ATTEST: DWIGHT E. BROCK, Clerk In Approved as to form and legality: Jeffrey A. Klatzkow, County Attorney BOARD OF COUNTY CONMESSIONERS COLLIER COUNTY, FLORIDA By: Penny Taylor, Chairman