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BCC Minutes 12/22/1986 W - .. .. Naples, Florida, December 22, 1986 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 3:30 P.M. in WORKSHOP SESSION in Building "F" of the Courthouse Complex, East Naples, Florida, with the following members present: CHAIRMAN: Max A. Hasse, Jr. VICE-CHAIRMAN: Arnold Lee Glass John A. Pistor Burt L. Saunders Anne Goodnight ALSO PRESENT: James C. Giles, Clerk; Maureen Kenyon, Deputy Clerk; Donald B..~usk, County Manager; Ken Cuyler, County Attorney; and Nancy Israelson, Administrative Assistant to the Board. AGENDA 1. Presentation of Part II of the University of South Florida Study. (. PRESENTATION BY THE UNIVERSITY OF·SOUTH FLORIDA REGARDING PART II OF THE COLLIER COUNTY MANAGEMENT STUDY - NO ACTION TAKEN Dr. Donald C. Menzel, Director of Public Administration at the University of South Florida, stated that some of the things that were looked at in this study for Collier County fits in ,well with their academic program which is engaged in training managers for public service. He stated that in conducting this study and analyzing the Page 1 .' ~ODK 100 PAGt 218 ",. aOOK 100 PAGt 219 December 22, 1986 findings, they have attempted to be complete, thorough, careful and judicious in their lang'Jage, responsible, deliberate and measured so as not to overstate or understate a particular point or finding, can- did and honest, accurate, systematic, objective and totally pro- fessional in reporting their findings. He stated that they also have attempted to be critical: yet constructive, thoughtful and suggestive. He noted that in talking with many people at the County, they have taken this very seriously and in a very responsible way and it will be reflected in the written report. He stated that he has regarded this project as a pleasure and an opportunity to bring their knowledge and skills to Collier County, adding that he hopes that the Commission finds the study to be helpful in strengthening the County government. He indicated that this study is divided into eight sec- tions which are: Introduction, Collier County, ~. County Government Structure and Process, Management Problems Management Practices and the County Manager The Role of the County Manager Information Management Conclusions and Recommendations. Dr. Menzel noted that this is the final part of the report, adding that the first part of the report was previously presented. He stated that 609 employees were interviewed and the questionnaire indicated four possible problem areas; heavy uneven workloads; inadequate com- munications within and between units; limited if not inadequate Page 2 - - .. .. .. .. December 22, 1986 rewards; and management practices which may foster lack of trust and confidence in top managers, including the County Manager. He stated that this report draws more heavily on the interviews and various documentary material that has been perused over the last several weeks. He noted that various information and m~terials were used in preparing this report, adding that the objective, based upon the materials, was to further analyze the organizational climate in Collier County and to explore acceptable and ethical governmental management practices relating to the position and responsibilities of the Collier County Manager as specified in the contract. He stated that the University agreed to conduct this study in the interest of strengthening Collier County government, adding that this study does not constitute ~quasi-legal investigation into the allegations made against the County Manager. He indicated that interviews were con- ducted with 20 of the 38 Department Directors, 5 Division Heads, Assistant County Manager, and the County Manager, noting that no interviews were conducted in an individual's work space or office. He stated that all that participated in the atudy were assured that their remarks would be held in the strictest confidence and that has been true, adding that no remarks that are printed in this study with the exception of those made by the County Manager, who declined the invi- tation of confidentiality and those made by others which are a matter of public record, are attributed to the individual who made those remarks. He noted that all incumbent County Ccmmissioners were inter- Page 3 BOOK 100 PAGE 220 ;> :¿-~9.; ~:\:' '., .~.~ :';:, "t, . '.1',.1 "l' ~r' J'" . f'· 'f ~,. t' ' .) >, ~. ~O~K 100 me 221 December 22, 1986 viewed, five Constitutional Officers, two County Judges, the former head of the Community Development Division, and the Chairman of the Collier County Planning Commission. He stated that the purpose of the interviews with the elected officials was to provide a broader context for understanding the problems and issues facing Collicr County government. He noted that Section II of the study indicates the growth and change of the county and the increased demands for public services, adding that the 1985 Growth Management Legislation leads to questions as to whether the County will be able to meet increased ser- vice demands triggered by population growth and be able to mount a capital budgeting program which will assure an adequate infrastructure for continued growth and development. He stated that more impor- tantly, is how answers are posed to those questions will determine whether or not County government will function as a crisis government or a problem solving government. He stated that the level of debt service in the County was looked at with relationship ~o infrastruc- ture needs and what is less obvious is that a lower operating budget could adversely effect the ability of Collier County government to respond to growth effectively. He stated that the operating budget can be expected to continue to grow and that the budget must increase as the County confronts increased demands caused by population growth. He indicated that Section III of the study is the structure and pro- cess of County Government, ûdding that when you look at the structure you find that it is of shared governance and fragmented decision Page 4 - - .. - .. .. December 22, 1986 making, which is not a unified decision making system, adding that it is one that decisions and powers are shared among a number of people. He indicated that the operational component of Collier County govern- ment is the responsibility of the County Manager. He noted ~hat also in the study was included the current organizational chart that was available, adding that the County is divided into five major operating divisions; Public Works; Utilities; Public Services; Community Development; and Administrative Services under the County Manager's office. He stated that they looked at som~ of the structural changes that have occurred over the last f·ive years, noting that what pre- sently exists is a consolidated responsibility for all five divisions under the Assistant County Manager who reports directly to the County .r Manager. He stated that this plan represents a return to a more centralized chain of command and is the. most centralized plan that seems to have existed over the past five years off and on. He indi- cated that the present organization supports centralized decision making and some of the survey findings supports that as well. He noted that there does appear to be emphasis on formal hierarchy which is stressed by top management, adding that many employees perceive a major inconsistency in practice. He stated that the study included how the incumbent County Manager reviews the role of the County Manag~r and also the position of the County Manager as evolved over the last 8 or 9 years. He stated that in the opinion of the University, the County Manager's ordinances have steadily moved toward Page 5 ~DDK 100 PA~[ 222 ~..... It' .. ~t. ' IÍj ,,(" , ~.\ k am 100 PAGt 223 .....,. . ". ,I ~' ~ ~., . December 22, 1986 increðsing the strength and position of the County Manager's office and, in fact, Collier County has a strong County Manager ordinance and sets out specific responsibilities that would foster a strong County Manager if carried out in their idßal sense. He stated that the pro- visions in the ordinance that· prohibits the interference from Commissioners are strong kinds of prohibition and carry certain penalties. He stated that the procedure for hiring or firing a County Manager was also designed to strengthen the role of the County Manager, adding that, in short, the provisions o~ the 1980 ordinance purposely makes it difficult for the Board to dismiss the County Manager and to interfere in the Manager's ability to conduct the County's business. He stated that the incumbent County Manager views his role as one that is to make things happen and take charge of government. He reported that the County Manager's role in this County is shaped in part by the Manager, þ'Jt the County Manager does not function in isolatiQn and has to deal with and interact with the Board and with independent elected Constitutional Officers. He noted that the Board of County Commissioners was interviewed to define their roles as well as looking at the Manager's role, communications with the Manager and Staff and some broad perceptions of County staff as a whole, adding that for the most part, it was found that the Board of County Commissioners wanted a strong Commission/Manager form of government. He stated that similar kinds of. examinations of the views and attitudes of the Constitutional Officer~ were done and it was Page 6 - - .. '<"~',~~,,_.~n_~_;.~,·_"·~";_"""·"""''-''-'''~''''~';.__.'_""_~""_~_'''''''_''''''''"...~, """'"'.'.''''.W-'"_'''''''''''''^",~<i'__~''''''''''''''~'''_~_~'''__'''''~'''"."""".-",""«".;,\.,.";~",.",,,=--,,_...~,,.._-~~~".._..,,,"""",..".,,. - .. .. December 22, 1986 noted that there is a primary difference between the Constitutional Officers and members of the Board of County Commissioners in a sens~ that the Constitutional Officers have no limited functional respon- sibilities that in certain respects make them structurally similar to departments of the general government, adding that most Constitutional Officers said that the County Manager should act as an administrator and leave policy matters to the County Commission, which was also basically the same feeling of the County Commission. He stated that the County Manager is also expected to take some leadership role in responsibility and along those~lines, it gets a little bit contentious in terms of how much leadership and respon~ibility a manager should take. He stated that when he talked with the Constitutional Officers about communicat~pns with the Manager and Staff, it was found that this is an area that needs to be improved as most Constitutional Officers have not communicated in any meaningful way with the incum- bent County Manager in months. He stated that with regards to the issue of management problems, four areas came out of the survey which were rewards/incentives; workloads; communications; and management practices. He noted that most information was based on the interviews and the surveys were used where it was appropriate. He reported that with regards to rewards and incentives, the survey indicated t~at a large number of County em~loyees felt that they are not given adequate rewards and recognition for doing a good job, adding that when they talked with the top managers there was also a similar feeling but they Page 7 ~OOK 100 p~r,r 224 ~QoK 100 PAG£ 225 December 22, 1986 were less likely to express this view than the other County employees. He stated that during the interviews, merit pay always seemed to be one of the topics that was brought up for discussion and he concludes that the merit pay program is a sound program and seems to be workable, but several managerþ indicated that the merit pay program works well as a reward system but not as an incentive system. He stated that in this area there was also discussion about training or educational opportunities for County employees and this was an area that it was felt that there is a significant deficiency. He noted that with regards to workloadd, the survey indicated that it was felt that the workloads had increased significantly and the employee was being pressed hard to get things done. He stated that top managers were asked this same question and they tended to think that workloads were heavy on them, but the workloads seemed to be more difficult for the County employee. He reported that the Community Q~velopment Division was looked at because the survey kept indicating that this Division had an excessive workload, adding that it wa~ found that this is the case. He stated that the workload on Community Developmp-nt m~y have become more intense over the past year because the County Manager does not see the situation to be as pressurized as others describe it. He indicated in the discussion of communication, the survey suggested that there might be some serious communication problems in the County and after interviewing some employees what showed up was mainly that the top managers did not ~erceive communications to be a major problem Page 8 - - .. .. .. .. December 22, 1986 fcr them. He stated that the policy of the 3ubordinates not going before the Board without the County Manager's approval and authoriza- tion may have had a chilling effect between departments and the Board of County Commissioners, but it is a widely accepted practice in Commission/Manage~ forffiJ of government. He stated that when the sur- vey was begun, it was thought that there may be serious communication problems wit~ Collier County government, but after looking at the inte~view m~terial carefully and considering it, the University does not feel that it is as serious as it was first suggested, but there is a need for improved communications' among all units. He stated that the last of the four problem areas was the management practices, adding that being an effective p~blic manager is not a small task, .r particularly in County Government where there is fragmented decision making and shared government process. He stated that during the interviews, top managers were asked to what extent the organizational chain of command is adhered to and most of the responses were that the chain of cQmmand is pretty much followed. He stated that what was also found is that there are some sufficient suggestions that chain of command is not followed to also cause some possible problems. He stated that employees were asked to identify management practices that are especially troublesome or undesirable and an overwhelming majority said there are no troublesome or undesirab~e management practices, adding that a small number felt differently and the details of what they felt are listed in the report. He stated that he then looked :." Page 9 &oDK 100 p~r,! 226 ,(~ ~.."_..,-- 100 mr 227 , , December 22, 1986 specifically at the County Manager with re9~rds to addressing the con- cerns as to whether or not the County Manager adheres to the chain of command in dealing with subordinates, as well as a discussion of his style of management, and a discussion of his communication practices and skills. He stated that a-lot of employees indicated that for the most part the chain of command is followed ~y the County Manager, but when the County Manager takes charge of something and it does not go through the chain of command3 for whatever reasons, employees tend to think that certain situations are getting þreferential treatment even if the treatment is necessary to avoid a problem. He stated that the County Manager's style was also examined through the interview material and he was described as having a style that combined tough- ness, aggressive, get-the-job-done and aloofness mixed with an open door policy which was found a little confusing. He stated that the important thing is not what management style exists, bút how that style fits or does not fit within a given organizational or decision making environment. He stated that with regards to communication skills of the County Manager, it was concluded that the Manager should make an effort to be more visible and communicative with his subor- dinates. Dr. Menzel stated that the next topic is on information manage- ment, adding that information is a resource which cannot be regarded as a free resource. He stated that it has to be examined carefully and treated as a resource which is called managing. He noted that Page lO - - - __~___,___._,_, ·.··~.,.,'c,'~.,;'<"_,_...,.._"".~,"""""""''''".,.,·.,,''''";.,..,,.·,_,'.;,...,...."'""'__,_"'.."__,,.___'.."',.......,..-,~_.._ . ..,~ --~".,,;,.........,'"'".--...._,----'_._'~.........'". ,.~-.~.",.._..........._......'~..."....'_...,..""~"",_... .. .. .. December 22, 1986 information Management is deciding what kind of information is needed, what form it should take, how it should be transmitted, to whom it should be transmitted and why it should or should not be conveyed. He indicated that public managers are centrally involved in information management, adding that they have a significant responsibility to insure that all those that need information to carryon the day-to-day activities of government have that information available and they have a similar responsibility to insure that all the decisions rendered by elected and appointed public officials are informed decisions. He stated that the Manager must also be involv~d in managing information because he must always foster democratic values and principles such as openness, access, disclosure, dnd accountability and a manager who equates information management with distortion, misinformation, or . .. misrepresentation by omission does so at great risk to his or her career and the community as a whole. He said that information manage- ment is a positive and powerful concept and is not to be used .to treat information as something that can be manipulated and possibly result in undesirable consequences. He noted that managing information for the sake of improving organizational performance is not a license to render harm or injury to another, especially citizens of a community, adding that there are ethical boundaries between advancing and applying information that will advantage or disadvantage the public as a whole. He stated that the question then comes up whether these ethical boundaries have been transgressed in Collier County and to aOOK 100 PAQ 228 Page 11 ~OOK 100 mt 22'9 December 22, 1986 develop an answer to that question, interview and documentary material was reviewed as well as focusing on County government planning and staffing. He noted that the Community Development Division has been recognized as the local planning agency which is mandated by 1985 legislation, and then comes into question, who the Community Development is to r-~rve? He stated that it is the Manager's opinion that the Community Development Division reports directly to the Manager and staff does not take the initiative to propose policy to the Planning Commission. He also feels th~t if the Planning Commission makes a recommendation it shoul1 go directly to the County Commission, but if it goes through Staff, he has every right to edit the information. He stated that the dual role of the Planning staff in Collier County appears to be a ready made recipe for assuring more rather than less conflict as the County continues to experience rapid population growth. He stated that in looking at the Planning staff .. . role, and the incumbent Manager's attitude in these matters, he felt it necessary to look at a few instances in which some issues have come forward. He stated that two cases were looked at, one concerning the Chairman's request for information from the Environmental Science and Pollution Control Department and the other regarding the Immokalee Land Use Study. He stated that with regards to the Environmental Science and Pollution Control Department, he understands that the County Manager's office reviewed material that was presented to him to be passed forward ~o the Chairman and in the process, he deleted or ,.. Page 12 .. - -.J -".-'''' .""",._~,~,.c...,,,.,,. ,_.', ..,.,"', '^....._~.,~,"".._~...,'"'~,..,~......._'- .. .. .. December 22, 1986 de-emphasized certain information and in doing this, two questions came out; does the County Manager have the right or the authority to edit reports of staff when requests are made directly to them by high ranking elected officials; and did the County Manager delete infor- mation that could cause decisions to be made or not be made that would be injurious to the community? He stated that the answer to the first question was easy to formulate, adding that he concluded that the County Manager was acting in an acceptable way by deleting staff related information that had been presented and might have been for- warded to the Board of County Commissioners, adding that one has to remember that it is the prerogative of the Board of County Commissioners to always determine whether it is satisfied with infor- mation supplied ?~ the County Manager. He noted that according to the interviews, the Commissioners are satisfied with the information that is flowing to them from the County Manager's office. He stated that with regards to the second question, he thought it was necessary to take a look at specific kinds of information that was deleted .from the material which fell under three categories; budgetary/staffing infor- mation; problem assessment information; and policy recommendation information. He stated that the County Manager's decision to strike this information c~used no harm in so far as he can detect, adding that one might have looked at that particular matter as one in which the Director of that particular unit was trying to put pressure on the County Manager to create more favorable resources and staffing con- Page 13 ~DoK 100 PAGl 230 __.'.____.._._,__" ___·_·_____4_.'__·_ .--- "-~'--'" .-.._'_...._-<,,-->_._--_..__._-_-.~- December 22, 1986 ditioos. He stated that this is a common practice and the Manager'$ rejection of same is also a common practice. He stated that with regard to problem assessment information; he felt that sludge stock- piling which was the issue at this time, could result in injury to the public and could be regarded as critical information, but the infor- mation that he had to look at did not allow him to reach any con- vincing conclusions on whether there was any injury caused to the community as a whole because the information of sludge stockpiling did not get passed on at that point in time. He reported that there was no evidence obtained from other people that would indicate this either. He noted that with regard to policy recommendation infor- mation, it is his view that these policy recommendations are clearly within the County Manager's purview to keep, delete, or amplify with respect to the report which was submitted. He stated that the other case that he looked at was the Immokalee Land Use StudY'which had cer- tain similarities, adding that it appears that the Manager was within his rights to act as he did. He noted that what comes out with the Immokalee Land Use Study is what appears to be the ambiguous rela- tionship between the Staff, the Collier County Planning Commission, and the County Manager. Dr. Menzel stated that Collier County h~s experienced a lot of changes and is continuing to experience those changes and they inten- sified in recent years, possibly because the County's work force has remained static; additionally, the appointment of an aggressive, Page 14 - - .. ....... _"_'__''''___~~'--'''-_'_ t.l>- .... ....-. .. . - .. .. Decomber 22, 1986 strong-willed County Manager in 1984 has resulted in many changes. He indicated that these changes will cause conflicts and pressures. He noted that the Study found that there was a split in the organiza- tional work place between County employees and middle staff employees, adding that the differences seem to be larger than what is normally the case. He stated that what they were concerned with is the magni- tude of the gap between lower level and higher level positioned employees. He noted that most disturbing to him was the finding that the County employees have trust and confidence in each other but do not trust the top management which is defir.~d as the County Manager/Division Heads. He reported that Collier County's governments organizational climate cannot be divorced from its political institu- tional environme~~ as well, adding that the political environment seems to be one of fiscal conservatism in the midst of a strong but largely untapped tax base and increasing pressure fr~m the State to strengthen County Planning capabilities. He stated that the institu- tional environment consists of the independent minded Constitutional Officers and a set or ordinances that call for a strong appointed County Manager and the consequences have been and probably will be a series of collisions between the Manager, the Constitutional Officers and the Board of County Commissioners. He stated that the size of the collisions are likely to vary but they are not likely to end, so long as the Board of County Commissioners shows. strong support for the County Manager. Page 15 &DDK 100 PAr.[ 232 "'__,_'"_ ,.,,,.~",, .,_"","w"'"'.;...«..._..__,...·".,,_..........._~ aoox 100 PAQ 233 December 22, 1986 Dr.. Menzel stated that in summary, with regards to acceptable and ethical government management practices, as to whether or not there is any basis of fact to them, the University is not set up to be a hired tribunal to make those judgements. He stated that the exploration of acceptable and ethical govern~ent management practices relating to the role of the County Manager was pursued in several directions and one management practice that is widely endorsed by public managers is to intervene cautiously, carefully, and selectively in the decisions of those who are not one's immediate subordinates or superiors. He stated that the incumbent County Manager appears to be inconsistent about staying within or going outside organizational channels and this practice is likely to cause organizational members to feel that favoritism or preferential treatment is being according certain indi- viduals even if this is not the case. He stated that the study could not determine whether or not the County Manager treats~çertain building permit applicants differently than others, but they found that some employees believe this to be the case. He indicated that the exploration of acceptable management practices also led to exa- mining activities and relationships between the County Manager, the Planning Staff of the Community Development Division, and the Collier County Planning Commission. He noted that a significant zone of ambi- guity was discovered which has resulted in confusion, cross pressures, and conflict. He stated that Staff recommendations can and do become the subject of some dispute over who receives them and how they are Yi.', ' ~! { ~ Page 16 - -', .. _·""'_"'''4m.~'''''_ - ~ .. December 22, 1986 transmitted to the Board of County Commissioners. He stated that in examining the Immokalee Land Use Study, he found that the County Manager invoked his authority to delete recommendations which, in his judgement, were staff recommendations and in reviewing the case, he concluded that the County Manager did engage in an acceptable manage- ment practice. He stated that he also examined the case of the Environmental Science and Pollution Control Department, as it was claimed that the County Manager had exceeded his authority to "withhold" information, but his assessment of the situation based on his knowledge of acceptable public ðdministration practices has led to the conclusion that the County Manager acted appropriately, and that the stockpiling of sludge at various locations in the County was an appropriate deci!J.ion. He stated ·that the ethics of this decision could not be determined with the information which was available to him. He noted that the recommendations that the Board of County Commissioners should follow are listed in the report that has been presented. Commissioner Hasse thanked him for his services, noting that the report was very thorough and concise. Commissioner Saunðers stated that he feels that any comments made at this time would be premature, adding that he needs to review the report. Commissioner pistor stated that he wants the opportunity to review this material indepth. Page 17 800X 100 PAGE 234 ,..__...-_..,......_,.,".......,__.,""..,._"'_.'.".".";.d·...."">,.~ &OOK 100 mt 235 December 22, 1986 Commissioner Pistor stated that he feels that there is additional information about the one case with respect to the sludge, adding that the matter was withdrawn because the statements from the first report were not complete enough and there is now a complete report with recommendations for a sludge control program with the assurance of proper inspections that was not in the initial report. He stated that if they had made a decision with the initial report, it may have been the wrong decision without the detailed information that came later. Commissioner Goodnight stated that she thinks the report was well done and she appreciates it. County Manager Lusk stated that as everyone knows there is a State Attorney investigation going on and he needs to clarify something. He noted that the reason this information was deleted from the original report which went to only one Commissioner was because a workshop was scheduled with the BCC and it was felt that this information should be ... taken out of that report and be handled at a workshop. He stated that it was felt that sludge stockpiling was very important, which is why a workshop was scheduled. He noted that he has been in government about 15 years and has seen a lot of conflict with planning staff, planning commission, and managers. He questioned how a county can handle this as he feels that there will always be a conflict? Dr. Menzel stated that a citizens committee could be established to look at this and see whether or not there could be some separations made that would make sense. He stated that from city-to-city and ;.~ , ,. Page 18 I (..: ¡.,;" I, - - - - .. .. December 22, 1986 county-to-county, the ehperiences are different. County Manager Lusk stated that at the time that the situation with regards to the Planning Commissions recommendations happened, Mr. Oates was chairman and he and Mr. Oates had a debate over this matter as to whether the recommendations were changed or not. He stated that they realized they were almost talking about two different things, adding that he thought that he had changed Staff's recommendation, when in reality what had happened was that Staff's recommendation had changed into a part of a Planning Commission recommendation. He noted that the Staff recommendation was ,the hiring of extra people and the Manager has to make that decision, but in the end he changed the Planning Commission recommendation thinking he was changing the Staff recommendation. .... Commissioner Hasse stated that County Manager Lusk should send a memo to the Commission clarifying his stand on the matter. Dr. Menzel stated that one of the reasons that the conflicts and tension exists is because the Planning function has separated out from the management function and what needs to be done is to bring them back together and integrate Planning and Management more fully than what is typically the case. * * * * * * There being no further business, the meeting was adjourned by Order of the Chair - Time: 4:45 P.M. aOOK 100PAGt236 Page 19 .,---_._--,....~_....,"~.."."