Agenda 04/23/2013 Item #11B4/23/2013 11. B.
EXECUTIVE SUMMARY
Recommendation to authorize the advertisement of an ordinance for future consideration which
would repeal and replace Ordinance No. 93 -72, as amended, in order to establish a new "Collier
County Administrator's Ordinance."
OBJECTIVE: To review the current County Administrator's Ordinance and recommend amendments, if
appropriate.
CONSIDERATIONS: At the Board of County Commissioners meeting held on February 12, 2013, the
County Manager and County Attorney were directed to review the current "County Administrator's
Ordinance" and bring forward potential amendments which would more closely align the local ordinance
with applicable state statutes and also address concerns articulated by various commissioners at that
meeting. The proposed amended ordinance attempts to accomplish these objectives. Substantive
proposed changes include the following:
New Section Two, Purpose, was added which substantively mirrors Fla. Statutes Section 125.70
New Section Four, Board as Policy Maker, was added to further clarify the roles of the Board and
the County Manager. This section reformats previous provisions of the ordinance, adds
additional language from the state statutes, removes reference to the penalty provisions associated
with a Board member's interference with the performance of a County Manager staff person
without removing the prohibition and adds a provision which affirms a commissioner's ability to
express a concern to the County Manager about the actions or performance of an employee.
The following attachments have been included as backup materials to this Executive Summary:
1. The current ordinance (Municode version) highlighted to show the proposed changes.
2. A clean copy of the proposed ordinance.
3. An underline /strikethrough of the State Statute indicating where the proposed ordinance differs from
the State Statute
4. A transcript from the BCC meeting minutes of February 12, 2013.
FISCAL IMPACT: There is no fiscal impact associated with this item.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
item.
LEGAL CONSIDERATIONS: The County Attorney worked with the County Manager in preparing
this proposed draft amendment, which is legally sufficient and requires majority support for authorization
to advertise. -JAK
RECOMMENDATION: That the Board authorizes the County Manager to advertise an ordinance for
future consideration that would amend Ordinance No. 93 -72, the "Collier County Administrator's
Ordinance ", as recommended in this executive summary.
Prepared by: Leo E. Ochs, Jr., County Manager
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COLLIER COUNTY
Board of County Commissioners
Item Number: 11.11.13.
Item Summary: Recommendation to authorize the advertisement of an ordinance for
future consideration which would repeal and replace Ordinance No. 93 -72, as amended, in
order to establish a new "Collier County Administrator's Ordinance." (Leo Ochs, County
Manager)
Meeting Date: 4/23/2013
Prepared By
Name: BrockMaryJo
Title: Executive Secretary to County Manager, CMO
4/17/2013 8:49:53 AM
Submitted by
Title: Executive Secretary to County Manager, CMO
Name: BrockMaryJo
4/17/2013 8:49:55 AM
Approved By
Name: OchsLeo
Title: County Manager
Date: 4/17/2013 11:25:18 AM
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DIVISION 2. - COUNTY ADMINISTRATOR
Sec. 2 -76. - Citation.
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."
Sec. 2 -77. - 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.
(bc) The County Administrator shall be qualified by administrative and executive
experience and ability to serve as the Chief Administrator of the county. The County
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 affinnative 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.
(ed) 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.
(de) 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.
Sec. 2 -78. - 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
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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.
(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 confinnation 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.
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(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.
NOTE: Subsections (b) and (c) below have been relocated in the Ordinance as Section
Four, Board as Policy Maker.
(b) In keeping with 14 is the ipAe 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 above 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.
(c) 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 by 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. r. vie-Iutie ; of tole pfAyi -sio s of th -i-s seetiien shall eeastitiate fna4feasaaee
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prevent a County Commissioner from expressing a concern to the County Manager about
the actions or performance of an employee.
(db) 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.
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ORDINANCE NO. 2013 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF 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 of County
Commissioners to provide for effective administration for the adequate and efficient provision of
services to the citizens of Collier County; and
WHEREAS, the Board of County Commissioners believes the foregoing objective may
best be realized by placing in the hands of the County Manager the multitude of administrative
and ministerial details which necessarily arise in the operations of County government, so that
the Board of County Commissioners may freely perform and without unnecessary interruption,
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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4/23/2013 113.
(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
perfonned 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.
A
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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 day of , 2013.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
am
By:
Deputy Clerk GEORGIA A. HILLER, ESQ.
CHAIRWOMAN
Approved as to form and
legal sufficiency:
Jeffrey A. Klatzkow
County Attorney
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County Administrator
Comparison of State Statute and Proposed Ordinance
125.70 S'itle Title and Citation. — This p,a# Ordinance shall be known and may be cited
as the "Collier County Administrator's Ordinance ^ a. mist, -a4i^a Taw of 1 non "
125.71 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 in
this state Collier County, that provides for coordinated administration of county departments to
better protect the health, welfare, safety, and quality of life of the residents in eae E) f the fnefe
ufba ized ,.ou ties- 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 further legislative intent
to provide a fonnula and structure for the economic and efficient conduct of county affairs by
making the county administrator established by this ,ct Ordinance responsible for handling of all
things necessary to accomplish and bring to fruition the policies established by the board of
county commissioners.
ordinanee L, the
1.. 7., ,� sueh e .t
.., ° yr r_ „°crl... adopting this f
J b b J r a r
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."
(2) Board as Policy Maker. — It is the intent of the r ° isl„t„f° to ,.,.,,,.,t In keeping with F.S.
ch. 125, part IIl, this Ordinance rg ants 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 s.
I (e), Art. VIII of the State Constitution. To that end, the aloe below specifically enumerated
powers are to be construed as administrative in nature, and in any exercise of govern mental
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 cam o� ut its
directives and policies. (this paragraph relocated from Section 125.74)
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 _ppointment or removal of officers or employees
Words Underlined ar- -aa °a• 117 - -a., 0-1, T -I eugh are deleted.
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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 employ
125.73 Geuntt, Appointment, qualifications, compensation and vacancy. —
(1) Eae-h The county shall appeipA have a county administrator
appointed by the Board of County Commissioners, whe 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 of eeiinty ee i i has authority to control pursuant
to this ae F.S. ch. 125, pt. III (F.S. § 125.70 et seq.), the general laws of Florida, or other
applicable legislation.
(b) Recruitment for the position of County Administrator shall be in such manner as may be
determined by the Board.
(2) The county administrator shall be qualified by administrative and executive experience and
ability to serve as the chief administrator of the county. He or she The county administrator shall
be appointed by an affirmative vote of not less than three members of the board of e6unty
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 be 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
his tenure in that office shall reside within the county.
(3) 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.
(4) The office of county administrator shall be deemed vacant if the incumbent County
Administrator moves his or 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 of eounty eemmissionefs.may appoint an acting county
administrator in the case of vacancy or temporary absence or disability until a successor has been
appointed and qualified or the county administrator returns.
125.74 ; powers and duties.
(1) The county administrator fftay shall be responsible for the administration of all departments
that are responsible to the board of eaufAt, ea i i and for the proper administration of all
affairs under the jurisdiction of the board. To that end, the coun administrator may shall, by
Words Underlined ar° -aa °a• `IT —A, c.... 1,�} are deleted.
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way of enumeration and not by way of limitation, have the following specific powers and duties
to:
(a) 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.
(b) 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 the adfni ist+ er- deem'
deemed necessary for the improvement of the county and the welfare of its residents.
(c) 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.
(d) Prepare and submit to the board e f eo n+ , „^.. for its consideration and adoption
an annual operating budget, a capital budget, and a capital program.
(e) 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.
(f) 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 his Of her
recommendations.
(g) Supervise the care and custody of all county property.
(h) Recommend to the board a current position classification and pay plan for all positions in
county service.
(i) Develop, install, and maintain centralized budgeting, personnel, legal, and purchasing
procedures.
0) Organize the work of county departments, subject to an administrative code developed by
the counii, 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.
(k) 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
depai4fflent heads Division Administrators shall require confirmation by the board of —eery
Words Underlined ar° °aa °a• 117.. «.7.. c.� . a, Throu=n are deleted.
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(1) Suspend, discharge, or remove any employee under the jurisdiction of the board pursuant to
procedures adopted by the board.
(m) 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.
(n) See that all terms and conditions in all leases, contracts, and agreements are performed and
notify the board of any noted violation thereof.
(o) Order, upon advising the board, any agency department under the adminis44efls his
jurisdiction as specified in the administrative code to undertake any task for any other agency on
a temporary basis if he or she deems it necessary for the proper and efficient administration of
the county government to do so.
(p) Attend all meetings of the board with authority to participate in the discussion of any
matter.
(q) Perform such other duties as may be required of the County Administrator by the board of
(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.
(b) Notwithstanding anv 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
(2) it is the intent efthe Legislatur-e to grant
power- imbued in the beafEl of eounty eammissioner-s as the b b body of the eaunt-y
pufstrant to s. 1(e), A44. 111 of the State Genstitution. To that -endue the above speeif eat
govenimental power- the admifiistra4or- shall enly be b b advising
eounty ee in its role as the peliey b b b (relocated
to page 1)
Words Underlined ar° -aa °a• 117--A, es-• 1, Thr-ou=n are deleted.
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COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRWOMAN HILLER: Motion carries unanimously. I'm
sorry. Did you want to speak?
COMMISSIONER FIALA: Yeah, but that's all right.
Item # 1 O
RECOMNMNDATION THE COUNTY MANAGER'S
ORDINANCE BE REPEALED IN WHOLE, THAT IT BE
REPLACED WITH PROVISIONS SPECIFICALLY
ENUMERATED IN FLORIDA STATUTE CHAPTER 125 AS
THOSE PROVISIONS RELATE TO THE POSITION OF THE
COUNTY ADMINISTRATOR, AND THAT THE LAW BE
RENAMED THE `COUNTY ADMINISTRATOR" ORDINANCE
CONSISTENT WITH STATUTE. FLORIDA LAW PROVIDES
THAT A CONSTITUTIONAL COUNTY MAY
ADMINISTRATIVELY ORGANIZE ITSELF THROUGH THE
OFFICE OF A COUNTY ADMINISTRATOR THAT ANSWERS
TO THE BOARD OF COUNTY COMMISSIONERS AND THAT
WHERE SUCH AN ORGANIZATIONAL STRUCTURE IS
DESIRED THE COUNTY SHALL ADOPT AN ORDINANCE
THAT MIRRORS THE GUIDING FLORIDA STATUTE SO AS
TO ENABLE THE OFFICE OF THE COUNTY
ADMINISTRATOR. AS SUCH, THE CURRENT ORDINANCE
SHOULD BE REPEALED AND REPLACED WITH THE
APPLICABLE PROVISIONS OF F.S. CHPT. 125 TO PROVIDE
UNAMBIGUOUS DEFINITION AS TO THE ROLE, POWERS
AND DUTIES OF THE COUNTY ADMINISTRATOR. TO
FURTHER RECOMMEND THAT THE BOARD DIRECT THE
COUNTY ATTORNEY TO PREPARE AND PRESENT A
COUNTY ADMINISTRATOR'S ORDINANCE CONFORMING
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WITH F.S. CHPT. 125 TO REPLACE THE CURRENT COUNTY
MANAGER'S ORDINANCE AT THE FIRST MEETING IN
MARCH, 2013 FOR BOARD APPROVAL TO ADVERTISE AND
FOR FINAL BOARD ADOPTION AT THE SECOND MEETING
IN MARCH, 2013 - DISCUSSED; MOTION TO BRING BACK TO
THE APRIL 23, 2013 BCC MEETING — APPROVED
MR. OCHS: Commissioners, Item 10H is a recommendation that
the county manager's ordinance be repealed and that it be replaced
with provisions enumerated in Florida Statute Chapter 125, et cetera.
This is Commissioner Hiller's item.
CHAIRWOMAN HILLER: The reason I brought this forward is
I was looking into the respective roles of the board and the county
manager. And going to Chapter 125, Chapter 125 clearly provides
what the board's duties and obligations are, as well as rights.
What Chapter 125 says with respect to the county administrator
is a little different. It actually provides that we, as a county, have to
adopt an ordinance which enables the creation of the position of
county administrator.
And the ordinance - the statute does not provide for a county
manager. It provides with specificity that the administrator -- or that
the managerial role within a constitutional county shall be the county
administrator.
There has been some confusion in the county. We have division
administrators, and then we have a county manager, and some people
actually think that the county manager is beneath the administrators.
And so --
MR. OCHS: So do the administrators most days.
CHAIRWOMAN HILLER: Yeah. I want you to know that's
true. And just so you know, everything that I'm discussing here I've
discussed with the county -- with the county manager, and we're on
the same page on all the issues that we discussed.
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So I'm going to take them through one by one. And, Leo, correct
me if anything I say is incomplete --
MR. OCHS: Yes, ma'am.
CHAIRWOMAN HILLER: -- or incorrect.
So as a consequence, the recommendation is to follow statute,
which requires that the ordinance that enables the creation of the
position of county administrator be exactly what Chapter 125 provides
as the role of the county administrator. And so that there's no
ambiguity as to what the county administrator -- what his rights and
obligations and duties are, what the county attorney recommended is
strictly lifting the wording out of Chapter 125 and putting it in the
ordinance.
I went back to other counties to see what they did, and that's what
they did. Either they incorporated 125 by, you know, that specific
provision by reference, or they lifted that section and incorporated it in
the ordinance.
k We have an ordinance that has all sorts of stuff in it that doesn't
relate back to Chapter 125 that belongs in other places. Like, for
example, one of the things that Leo rightfully deserves is protection,
that if the board would want to terminate him, you know, there should
be a cooling -off period, like where the board can't act for 14 days.
That properly should be included in the contract, in his contract, and
so his contract would be amended for that.
It talks about security and, you know, who can and can't go
through the machines. What Leo and I discussed to that end is we
actually need a separate security ordinance to address how security
will be handled, how security plans will be handled. And so that
provision does need to be incorporated but in a different, separate
security ordinance.
Oh, one of the issues was consideration about the board's
interference with staff. By law, the board cannot direct staff. By
virtue of Chapter 125, we cannot direct staff to do anything, because
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the way we act as a board is through majority vote directing the
county manager to execute whatever the board's, you know, policy or
action decision may be. So noninterference is guaranteed by law. The
board sets policy, and staff executes, and no individual commissioner
can take action with any member of staff to do otherwise.
So it basically addresses -- it clarifies the role of the county
administrator. It would -- I would see Leo being titled, you know, the
chief county administrator. The approval of the division heads
remains as is. For what we understand, there wouldn't ever be any
expansion of that. Although the county attorney wanted to be sure
that that statute doesn't require us to approve department heads beyond
division administrators, we're not sure that it does. We -- I certainly
don't want to approve 25 division heads or department heads.
And so that's essentially what's being proposed.
Commissioner Fiala?
COMMISSIONER FIALA: Yes. I'd like to hear your comments
on it. And then I had -- I did have a couple things to ask, and that is,
you know, all I hear right now, it's more or less everything we do right
now. I don't know that we're fixing anything, because I didn't hear
anything that was wrong other than we're changing your title, which
means then that we have to print up a bunch of new cards and signs
and so forth.
But, you know, if it -- if it ain't broken, don't fix it, is my
concern. Do you have any problem with that, Leo?
MR. OCHS: Well, Commissioner, I would say on that particular
question -- and Commissioner Hiller and I talked about this late
yesterday afternoon. The trick in the state statute, if we're going to rely
strictly on that -- and just let me make a comment about that. I think
-- I went through, after I got the item, and I went through the state
statute and our local ordinance to compare them and identify what was
identical and what was different.
And so there were a few differences, and Commissioner Hiller
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just pointed those out. But I will say, in term of the enumeration of
the powers and duties, the state statute and your local ordinance match
up almost identically. And the other local ordinances that were part of
your backup do have additions to just the provisions in the state
statute, which I'm not surprised, usually reflecting, you know, local
practices or customs in an individual county. Some put specific
credentials in terms of background and education as required for
county administrators.
So my point is, you do have, I believe, some ability to be additive
or more restrictive than the state statute. Obviously, you just can't be
less restrictive. Because Commissioner Hiller is correct, that 125 does
require the board to enact a local ordinance for the county
administrator.
I don't have a problem, personally, whether you call me the
county administrator or the county manager. We do have, believe it or
not, more money invested than you would think in signage and
stationary and business cards and other things, you know, all of our
official documents that still use "county manager," so some of those
would have to be amended and changed over time.
But the big issue for me was the one that Commissioner Hiller
pointed to about the board's approval of appointments made by the
county administrator for his chief management team.
For whatever reason, for many, many years here we've had a
titling convention that's a bit different than many counties where they
have the county administrator, then they have a set of department
heads, three or four or five assistant county managers and department
heads, and then they have administrators and managers under that.
We're flip - flopped. So I think the intent of the state statute, as
I've always understood it, was those top appointments of the manager
need the endorsement and approval of the board. Unfortunately, the
statute says, approve department directors or department heads. And
we have probably 25 of those.
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So I'd either have to change all the titling conventions or we
would make an exception in our local ordinance to allow us to
continue to approve division administrators instead of department
heads.
CHAIRWOMAN HILLER: And if I can address that. As soon as
Leo brought that to my attention, I immediately called Jeff to make
sure that that wouldn't be a problem.
So, Jeff, can you address that?
MR. KLATZKOW: Yeah. Look, the county manager ordinance
is 20 years. I mean, I haven't given a lot of attention to it over the
years. I don't think any of my predecessors have. It's a good time to
look back at it, compare it to the statute, see what the state
requirements are, come back with a -- and I'll work with Leo before
you see it so he'll be comfortable with it. Come back with a proposed
ordinance before we readvertise it.
MR. OCHS: And finally, Commissioner -- and I appreciate the
chairwoman bringing this up. The other issue that, you know, may
cause some concern for the board, of course, is that long- standing
provision that's been in the ordinance since at least 1984 about the
board's prohibition against interference with hiring decisions and also
with the performance of duties and the conduct of their daily business.
If that comes out of the local ordinance, so be it.
But I always thought it was a good reminder for both the staff
and the community and the commission about delineating the policy
maker role of the board in differentiating that from the implementation
role, if you will, or implementing role of the county manager or the
county administrator and his or her staff.
So -- but I think there might be a way to still address that,
Commissioners, because in the state statute, there's an opening section
that has purpose.
CHAIRWOMAN HILLER: Right.
MR. OCHS : We don't have that in our local ordinance, but we
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might be able to, with Jeff s help, craft something of a purpose that
captures the intent of that and still have that preserved in the revised
ordinance.
CHAIRWOMAN HILLER: I think that's a great suggestion.
Commissioner Henning?
COMMISSIONER HENNING: Well, if you go to MUNI code
online --
MR. OCHS : Right.
COMMISSIONER HENNING: -- under this section, it does say
county administrator under the heading. So, I mean --
MR. OCHS: Yes.
COMMISSIONER HENNING: -- if you go back one more.
MR.00HS: Right.
COMMISSIONER HENNING: But I also want to recognize,
and I want to read what's in the statute under -- it would be 125.75(k).
This is the county administrator. Select, employ, supervise all
personnel and fill all vacancy (sic) positions, or employ (sic) under the
jurisdiction of the board; however, the employment of the department
heads -- you know, you get into that, but then you go down to L, it
said -- it states, suspend, discharge, or remove any employee under the
jurisdiction of the board pursuant to the procedures adopted by the
board. Okay. It doesn't -- and those procedures are -- you manage
that all the time.
MR. OCHS: Yes, sir, the personnel.
COMMISSIONER HENNING: Personnel procedures. And if
you go up to 125.01, that doesn't give us -- it doesn't give us the
opportunity to confirm the suspension discharge or removal of
employees under the jurisdiction of the board.
So I don't know where the concern is of anybody on hiring and
firing. It's already in the statute outlined for the county administrator.
CHAIRWOMAN HILLER: Right.
COMMISSIONER ]HENNING: Okay.
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CHAIRWOMAN HILLER: And I really -- but I --
COMMISSIONER HENNING: I think you ought to take
directors down to managers.
CHAIRWOMAN HILLER: What the -- that was a low blow.
I think Leo's suggestion is really good to put it in the preamble,
and I think what Commissioner Henning said, that it is enumerated
with specificity in the statute, which would be incorporated into the
ordinance. Makes it clear that the board will not be involved with any
termination decisions and would be limited to approving the division
administrators, and that's it. And that's what the law provides. So it's
very clear.
Commissioner Coyle?
COMMISSIONER COYLE: Yeah, I disagree. I don't think it's
that clear. And I'll remind you once again that your recommendation
is that the county manager's ordinance be repealed in whole and that it
be replaced with Florida Statute Chapter 125.
CHAIRWOMAN HILLER: Correct.
COMMISSIONER COYLE: I do not think that's what we should
be doing, and I think we recognize that now. It is common for the
state to describe the minimum requirements, and it is common for
counties to make their requirements more stringent.
I think it is very dangerous to eliminate the prohibitions against a
county commissioner's interference in the performance of duties of
any subordinate of the county administrator either publicly or
privately. I think we must retain that; otherwise, we will be creating a
patronage system here where various commissioners are going to be
trying to get employees to do things for their constituents without
going through the county manager.
The county manager's ordinance as it currently stands is, in my
opinion, is sufficient and well written and very explicit. If you
remove these provisions, you're going to have problems of
interpretation and a lot of confusion among the employees and
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commissioners.
So I think it's a dangerous precedent to create, and I would
recommend that we resolve what minor problems exist in titles by
merely saying that the county -- definition of the county administrator
is being the chief administrative officer selected by the Board of
County Commissioners to administer the staff and the functions of
county government as prescribed by the commission, whatever his
title might be.
But to revise this -- this county manager's ordinance in
substantial ways, I think, is not justified and opens the door for county
commissioner interference with the employees of the county manager.
CHAIRWOMAN HILLER: Commissioner Fiala?
COMIVIISSIONER FIALA: I truly agree. What I was going to
say along that same line, but you said it so much better, I don't think
it's our obligation, I don't even think it should be our duty, to
micromanage any of the departments or the employees.
We manage the county manager, and he then should be managing
the employees. We have so many other things do, but mainly with
policies and procedures and so forth. We don't need to be
micromanaging, is my first thing.
And I don't know what prompted this in the first place, because it
seems to be working pretty well. So, again, you know, why would
you want to fix it if it ain't broken?
CHAIRWOMAN HILLER: Commissioner Nance?
COMMISSIONER NANCE: I'm going to suggest we go back in
there and have the county attorney and the county manager go through
and make some thoughtful changes that they -think are going to help
out and bring it back to the board. And I -- you know, unless there's
some serious reason for changing everybody's titles, I don't know that
that's necessarily in our interest. I think it's going to cost us a fortune
and be very, very confusing.
COMMISSIONER FIALA: I agree.
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COMMISSIONER NANCE: So I wouldn't think we'd want to
do any of that. But would it be possible that commissioners would
support having these gentlemen go through and take a look at it and
update it. If it hasn't been looked at in 20 years, perhaps that's
appropriate, and make some thoughtful changes that might solve some
concerns that individual commissioners have. And if they have
thoughts, they can sit down with you two guys and work through
those. I would make that motion if it would get a second.
COMMISSIONER COYLE: I'll second.
COMMISSIONER FIALA: I'd second. Oh.
MR. KLATZKOW: You know, I'd just ask that the timeline be
extended.
CHAIRWOMAN HILLER: I have no problem. When would
you like it extended to?
MR. KLATZKOW: I don't. I'd like -- a lot of items we're going
to be coming back to you with.
COMMISSIONER FIALA: There's no urgency.
COMMISSIONER NANCE: It seems like we've got an awful lot
of things that we're pushing forward, and we've got an awful lot of
time constraints, and I'd rather -- you know, if we're going to do
something every 20 years, I'd rather see it done well than done quick.
CHAIRWOMAN HILLER: April?
MR. KLATZKOW: Yeah, that's fine.
MR. OCHS: It's fine with me.
CHAIRWOMAN HILLER: So the second meeting in April.
MR. OCHS: That's fine with me.
CHAIRWOMAN HILLER: So I have a motion. I have a --
Commissioner Henning, you wanted to speak to Commissioner
Nance's motion?
COMMISSIONER HENNING: Yeah. No, no. I want to speak
to Commissioner Coyle's comment, because I don't see that in any of
the written material, Commissioner Coyle. So tell me what section
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that I could find this would lead to the Board of Commissioners'
interference with the day -to -day business.
COMMISSIONER COYLE: Page 3 of 4 of the county
administration, I think it's Part 3 and Subparagraph C.
COMMISSIONER HENNING: What number is that?
COMVIISSIONER COYLE: C.
COMMISSIONER HENNING: C?
COMMISSIONER COYLE: Let me just read it to you. No
county commissioner shall direct or request the appointment of any
person to or his removal from the office by the county administrator or
by any subordinates or in any manner take part in the appointment or
removal of officers and employees of the administrative services of
the county except as provided by this article.
Neither the board nor any member thereof shall interfere in the
performance or the duties of any subordinate of the county
administrator either publicly or privately except for the purposes of
inquiry and information.
A violation of.the provisions of this section shall constitute
malfeasance within the meaning of Florida Constitution Article IV --
CHAIRWOMAN HILLER: He's reading the --
COMMISSIONER COYLE: -- Paragraph 7(a). A violation of
this section shall also be a violation of this provision and shall be
punishable by fine not to exceed $500 or by imprisonment in the
county jail not to exceed 60 dollars (sic) or by both fine and
imprisonment or as otherwise may be provided by law. So --
COMMISSIONER HENNING: Okay. What part of the Florida
Statutes or what's being proposed where you're coming to the
conclusion it will lead to commissioners interfering with the
day -to -day business?
COMMISSIONER COYLE: Well, I haven't come to that
conclusion. What I said was that Commissioner Hiller's
recommendation was that, and I quote, "The county manager's
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ordinance be repealed in whole."
CHAIRWOMAN HILLER: Right.
COMMISSIONER COYLE: Okay. Now, if you repeal it in
whole, you take out those kinds of protections.
COMIVIISSIONER NANCE: That's not my motion.
COMMISSIONER COYLE: I know it's not, and that's what I'm
trying to clarify with Commissioner Henning.
CHAIRWOMAN HILLER: Let me just add, if I may,
Commissioner Coyle, you of all people should know about this
because you were sued over interfering with county staff, and there
was a settlement that ensued because of -- that the county had to pay
out because there was an allegation made by staff that you wrongly
interfered.
COMMISSIONER COYLE: So.
CHAIRWOMAN HILLER: Based on that --
COMMISSIONER COYLE: So? So what?
CHAIRWOMAN HILLER: I'm just bringing that out.
COMMISSIONER COYLE: Do you think that should be
permitted?
CHAIRWOMAN HILLER: No, it isn't permitted, but it isn't
malfeasance. And, secondly, what the statute provides is a clear
delineation between what the board can do and what the county
administrator does.
And the intent is to make clear what the role of the county
administrator is by enumerating the functions of the county
administrator, the duties of the county administrator, the obligations of
the county administrator so there isn't the ambiguity which exists.
You know, right now we have a county manager's ordinance
which really divides the county manager and the board. And what I
want to see is the county manager and the board unified as a
cohesively working body that we're basically, you know, like two peas
in a pod working together to get things done, not to have this
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antagonistic divisive relationship. That's the whole idea.
It's very much to support the role of the county manager as the
chief administrator and us as the chief policy makers and that we work
in harmony with, you know, a respect and understanding of our
respect of our positions.
COMMISSIONER HENNING: But I wasn't done.
COMMSSIONER COYLE: Well, none of that makes any
sense, but nevertheless.
CHAIRWOMAN HILLER: Commissioner Henning?
COMMISSIONER HENNING: Yeah. I wasn't speaking to,
Commissioner Nance, your motion, and I stated that, okay.
What I was speaking to is Commissioner Coyle's comment, this
will lead to "interference" with the employees, okay.
On Page -- back at Page 118, it's clear, and it's the Florida
Statutes, the county manager -- county administrator's duties is to
select employ -- employ, supervise all personnel and fill vacancies,
position, or employment under the jurisdiction of the board.
CHAIRWOMAN HILLER: Right.
COMMISSIONER HENNING: So it doesn't say "and he also
has the obligation to suspend, discharge, or remove employees."
Now, nowhere in the statute does it say the Board of
Commissioners can do that, because we have contract employees.
So, you know, the spin that it would lead to the county
commissioner, individual county commissioners from interfering, is
just not true, because that isn't what's being proposed.
COMMISSIONER COYLE: Well, wait a minute, wait a minute.
You're getting everything all mixed up here. The point is that the
county ordinance, county administrator's ordinance or county
manager's ordinance, states that there is a prohibition against
commissioners interfering with employees.
Is that not correct, Leo?
MR. OCHS: Yes, sir, that article you just read is part of the
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current --
COMMISSIONER COYLE: Current Collier --
MR. OCHS: -- county administrator's ordinance, yes, sir --
COMMISSIONER COYLE: -- county manager's ordinance, and
it was specifically put in there to prohibit commissioners from
interfering in the performance of duties of county staff.
So if you -- if you do proceed with an elimination of the county
manager's ordinance, you remove this sort of thing. Now, as
Commissioner Nance has stated, that is not his intent.
CHAIRWOMAN HILLER: But that is -- that is -- let me explain
where I think you're missing the boat, Commissioner Coyle, and that
is Florida Statute clearly defines what the role of the Board of County
Commissioners is, okay. Florida Statute also clearly defines what the
role of the county administrator is.
We cannot do what the county administrator must do; we just
can't. So what you're describing is already incorporated by law in
statutes that we must adopt because Florida Statute says that is what
we must adopt.
COMMISSIONER COYLE: Show me that wording.
CHAIRWOMAN HILLER: You know what I'm going to let you
do --
COMMISSIONER HENNING: Can I show it to you?
CHAIRWOMAN HILLER: Yeah, go ahead.
COMMISSIONER COYLE: Show me the word, or read it to
me, either way.
COMMISSIONER HENNING: It's fine.
COMMISSIONER COYLE: From the Florida Statute.
COMMISSIONER HENNING: From the Florida Statutes, the
county administrator, K --
COMMISSIONER COYLE: Oh, I've got that. I've got it right in
front of me.
COMMISSIONER HENNING: Okay. So what do you want?
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COMMISSIONER COYLE: But remember, K says, select
employee and supervise all personnel and fill vacancies, positions, or
employment under the jurisdiction of the board. Nowhere does it say
board members are not to interfere in that process or to direct
employees to do something.
CHAIRWOMAN HILLER: But here's =-
COMMISSIONER COYLE: And so what you and
Commissioner Hiller are assuming --
COMMISSIONER HENNING: Why don't you ask an attorney,
a government attorney, who works with the statutes all the time?
COMMISSIONER COYLE: What do you want me to ask him?
COMMISSIONER HENNING: Well, you want to ask him, does
this mean the board can interfere by, you know, telling others --
COMMISSIONER COYLE: Okay. Let me ask this question:
Jeff, if you take out the wording which prohibits commissioners from
interfering in the performance of duties of any subordinate of the
county administrator, will that likely result in more confusion and
conflict than if you retained it in the county manager's ordinance?
COMMISSIONER HENNING: That isn't what your statement
was in the beginning.
COMMISSIONER COYLE: It is.
COMMISSIONER HENNING: I mean, you're asking a different
question than your statement. Your statement said this will lead to
commissioners interfering with --
COMMISSIONER COYLE: Okay.
COMMISSIONER HENNING: --the employees' day -to -day
business.
COMMISSIONER COYLE: Let me do this slowly for
Commissioner Henning.
COMMISSIONER HENNING: No, I understood what you said
to begin with.
COMMISSIONER COYLE: No, you didn't.
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COMMISSIONER HENNING: And I'm just saying you're --
COMMISSIONER COYLE: You really didn't.
COMMIISSIONER HENNING: I mean -- yeah, I did. And, you
know, if you're going to --
COMMISSIONER COYLE: You and Commissioner Hiller are
saying that the state statute covers that. It doesn't.
CHAIRWOMAN HILLER: It does.
COMMIISSIONER COYLE: Okay. And so I'm saying that if
you remove this language from the county manager's ordinance, there
will be no specific language at all which governs this issue. So --
CHAIRWOMAN HILLER: That's not true. County Attorney,
could you please -- could -- County Attorney, could you provide
clarity in this discussion?
MR. KLATZKOW: Leo, could you put that on the overhead,
please.
You have -- you have, in essence, created ordinance -- a county
ordinance regulating yourselves, all right; not a state law, but a local
county law.
What I would like to do is to come back to the board -- because I
don't know the genesis of this ordinance -- this particular provision,
why it's here. I will tell you I don't like it; I have never liked it. I
think it's a bit ambiguous. And, quite frankly, I think it puts you at the
peril of employees who are disgruntled, but that's a personal opinion.
I would like to sit down with Leo, go through this, compare it to
state law, okay, see what you lose, what you gain if we modify this
and get rid of this and just give you all the backup for it, why we have
it, what state law provisions are there, because state law provisions are
different from your county code, all right. I mean, Diane Flagg goes
out, and she works off of county code. She doesn't work off of state
statutes.
And come back, and you'll have the backup for this, and we can
have a decision whether or not you want to maintain this in your
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� ordinances or not.
COMMISSIONER HENNING: May I continue?
CHAIRWOMAN HILLER: Yes, please.
COMMISSIONER HENNING: That's clearly what it says there.
And I remember when it was put in there. It was back in the early
'90s -- no, it was the mid '90s. It was to say to the Board of
Commissioners, if you interfere with the day -to -day business, you
have a consequence here, and the consequence is, you know, a
misdemeanor not to exceed $500, maybe imprisonment.
CHAIRWOMAN HILLER: Actually, no. Malfeasance, by
definition, would be removal from office.
COMMISSIONER HENNING: Yeah. But, anyways, that's
what it was there, and I think history will show why it was there. It
still -- it's just recognizing that we don't -- the County Commissioners
cannot -- as it says in the statutes, you know, the county manager is
the one who manages the personnel, period, and that's what it's all
about.
CHAIRWOMAN HILLER: Commissioner Fiala?
COMMISSIONER FIALA: Okay. I first wanted to just say,
from my point of view, I never found any divisiveness. I don't know,
really, what you were referring to. I mean, I've seen the county
manager work with all of us individually.
CHAIRWOMAN HILLER: But the example is the lawsuit
against Coyle --
COMMISSIONER COYLE: Well --
CHAIRWOMAN HILLER: --claiming interference.
COMMISSIONER COYLE: -- that wasn't a divisive issue. Let
me tell you --
COMMISSIONER FIALA: No, you said --
CHAIRWOMAN HILLER: But that's what divides the -- it's
Commissioner Fiala's time.
COMMISSIONER COYLE: Let me tell you what happened.
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You had a manager there who did not want to admit that he wanted to
fire somebody, so he told that person, incorrectly, that I wanted him
gone. I never said that. And it was proven that I never said that. That
was a case where you had a manager who didn't have the courage to
fire somebody himself. He wanted to make it appear that somebody
above him had encouraged him to take that action. But that has
nothing to do with whether or not you should retain this. You should
retain this. You should keep us from doing things like that. We
should not interfere with employees, and that's why I'm saying you
should retain this language, because it's very clear. It tells us what's
expected of us in that respect.
COMMISSIONER FIALA: And my second thing is why are we
addressing something like this? Is there something that --
CHAIRWOMAN HILLER: It needs to be updated. No, this
ordinance hasn't been looked at in 20 years. This ordinance needs to
be revisited in whole.
COMMISSIONER FIALA: Yes, but is there something that
prompts that? I mean, as long as everything is moving along smoothly
and we're not having a problem with it, I don't understand why we're
just coming up with this.
CHAIRWOMAN HILLER: Well, I think there are issues with it,
and I think there are items that are incorporated in this ordinance that
should not be in the ordinance that, like I said, should be in a separate
ordinance or should be in a contract.
And there are provisions that -- it doesn't include the entirety of
125 either by reference or by enumeration, and that should be part of
it.
I mean, there are just a whole bunch of cleanup issues that are
required to bring this current and reflect where we are today, and that's
what you do with laws. I mean, you want to have them reflect that it
COMMISSIONER FIALA: Well, I understand that you do that
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with laws. I just -- usually there's something that prompts it, and I
haven't seen anything that prompts it.
CHAIRWOMAN HILLER: A review of the law would suggest,
as the county attorney has said several times, this needs to be updated,
and the time has come and so while --
. COMMISSIONER FIALA: Was this you that wanted to bring
this about, Jeff?
MR. KLATZKOW: No.
CHAIRWOMAN HILLER: No, no, I take full responsibility.
COMMISSIONER HENNING: May I say something?
CHAIRWOMAN HILLER: Yes, sir.
COMMISSIONER HENNING: About the -- what's on the
overhead right now, there's a time when a former employee sued the
county for sexual harassment, sued the county for -- other employees
for sexual harassment, sued me for this part of the ordinance, okay,
and it was because I wrote a memo to the county manager at that time
that I didn't like the performance when that employee was before the
board. Furthermore, I -- because of the public saying this particular
employee accosted them in the parking lot, I wrote another memo to
the county manager letting him be aware of that. And because of that,
the county was defending me.
Jeff, is that right?
MR. KLATZKOW: Both you and Commissioner Coyle in these,
Yes.
COMMISSIONER HENNING: Yeah. So employees are using
that. And what it tells me on those two examples that I wrote a memo
is don't do your job -- the one example -- when a constituent comes to
you and says that, you know, an employee accosted me in the parking
lot, don't do your job. You just do what government says. So that's
one example why that should be revised.
CHAIRWOMAN HILLER: I see that.
Commissioner Nance?
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.A..
COMMSSIONER NANCE:
gentlemen go through this --
CHAIRWOMAN HILLER:
COMVIISSIONER NANCE:
back.
4/23/2013 11. B.
February 12, 2013
Yeah. My motion is to let these
And figure out what to do.
-- figure out what to do and bring it
CHAIRWOMAN HILLER: Correct.
COMIVIISSIONER NANCE: And then we can all fight over
some provision that they jointly -- you know, hopefully, they're going
to jointly agree on some thoughtful reforms, and then we can opine
over whether we think it's appropriate or not is --
CHAIRWOMAN HILLER: I agree with you, Commissioner
Nance. I'm going to second your motion.
COMMIISSIONER FIALA: No, I already seconded it.
CHAIRWOMAN HILLER: Oh, you already did. We're in
competition. You get it. It's yours. Forgive me.
COMMISSIONER NANCE: I'm not suggesting that we repeal
anything. I'm suggesting we go ahead and we try to retain all our
business cards that we possibly can so that we don't cut down another
thousand trees, but to go in and just update this with some thoughtful
reform. So that's -- if I still have a second, then I'm good.
COMMISSIONER FIALA: You do.
COMMISSIONER COYLE: Aye.
CHAIRWOMAN HILLER: Go ahead, Commissioner Coyle.
COMMISSIONER COYLE: You've got three.
CHAIRWOMAN HILLER: All in favor?
COMMISSIONER COYLE: All in favor, please signify by
saying aye.
Aye.
COMMISSIONER FIALA: Aye.
CHAIRWOMAN HILLER: Aye.
COMMISSIONER NANCE: Aye.
COMMISSIONER HENNING: Aye.
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CHAIRWOMAN HILLER:
(No response.)
CHAIRWOMAN HILLER:
COMMISSIONER FIALA:
quick break, even though we're a
CHAIRWOMAN HILLER:
Item #10I
4/23/2013 11. B.
February 12, 2013
Any opposed?
The motion carries unanimously.
I think we need to give Terri just a
t the tail end of this.
We have one last item.
RECOMMENDATION THE BOARD OF COUNTY
COMMISSIONERS ( "BOARD ") DIRECT THE COUNTY
ATTORNEY ( "CA") TO DRAFT A COUNTY ATTORNEY
ORDINANCE TO BE BROUGHT BACK TO THE BOARD AT
THE SECOND MEETING IN FEBRUARY, 2013 FOR
APPROVAL TO ADVERTISE PUBLICLY, AND THEN TO
FURTHER BE BROUGHT FORWARD FOR ADOPTION BY THE
BOARD AT THE FIRST MEETING IN MARCH, 2013. THE
ORDINANCE SHALL PROVIDE IN PART THAT: 1. ALL
LEGAL INFORMATION RELATING TO THE COUNTY SHALL
BE IMMEDIATELY FORWARDED TO THE CA UPON RECEIPT
OF SUCH INFORMATION BY ANY MEMBER OF THE BOARD
AND /OR COUNTY STAFF, INCLUDING BUT NOT LIMITED
TO MATTERS RELATED TO THREATENED, PENDING OR
ACTUAL LITIGATION, CIVIL, CRIMINAL OR
ADMINISTRATIVE IN NATURE. 2. THE CA SHALL
EXCLUSIVELY REPRESENT THE COUNTY IN ALL LEGAL
MATTERS, AND WITH BOARD APPROVAL SHALL RETAIN
OUTSIDE COUNSEL TO ASSIST IN SUCH REPRESENTATION.
3. ALL DRAFT CONTRACTS, RESOLUTIONS AND
ORDINANCES SHALL BE REVIEWED AND APPROVED BY
THE CA PRIOR TO PRESENTATION TO THE BOARD, AND
ALL SUCH REVIEWED DOCUMENTS SHALL BE PLACED BY
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