Ordinance 1986-41 f
ORDINANCE NO. 86 - 41
ORDINANCE ESTABLISHING STANDARDS FOR
CREATION AND REVIEW OF COUNTY BOARDS
AND PROVIDING A POLICY DECLARATION;
• PROVIDING EXEMPTION; PROVIDING DEFINI-
TIONS; PROVIDING QUALIFICATIONS AND
REQUIREMENTS FOR MEMBERSHIP; PROVIDING
PROCESS OF APPOINTMENTS; PROVIDING
TERMS OF OFFICE; PROVIDING SCHEDULE
FOR REVIEW OF BOARDS; PROVIDING ATTEN-
DANCE REQUIREMENTS; PROVIDING SEVER-
ABILITY; AND PROVIDING AN EFFECTIVE .
DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA:
SECTION ONE: POLICY DECLARATION.
It is hereby declared to be the policy of the Board of
County Commissioners of Collier County, Florida, to promote
economy, efficiency and improved service in the transaction of
the public business by County Boards. Nothing in this Ordinance
shall be construed to prohibit or restrict the Commission from
amending or abolishing, at any time, any Board currently in
existence or hereinafter created.
SECTION TWO: DEFINITIONS.
The term "Board" is defined to include every agency,
advisory board, regulatory board, quasi-judicial board, commit-
tee, task force or any other group created and funded in whole or
in part by the Board of County Commissioners.
The term "Co:t'ission" is defined as the Board of County
Commissioners of Collier County, Florida.
The term "Exempt" is defined to include Ad4oc Study
Plx-
-,committees,,appointedw ♦..:_by Resolution of the��`BoardYof`Coun Commi '
_�..r... �,�uE..,..,.•.c-s.'cldh ui»..4.K;,.. .rN,..r:,
duratl0 ^-«sir. •.,. "• t =?F;e y,,i t1
1;sioners".fc �a n of not ore `3 I
�,�, - than,.o � � year 3created
oto{serve a ppecific shot...termfunct.on.: .
SECTION THREE: CREATION OF NEW BOARDS.
(a) All Boards created after the effective date of this
Ordinance shall be created by ordinance only, except for the
Ad-Hoc Study Committees which fall under the definition -gf: _
I ! GV
Exempt. Such ordinance shall set forth the Board's p p ses
functions; powers; responsibilities; jurisdiction; mersh'
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requirements and restrictions; terms and conditions of appoint-
ment to and removal from the Board; and the specific staff
support, if any, necessary to prepare an annual report, either
oral or written, to be presented to the Commission.
(b) Prior to the advertised public hearing held for said
ordinance, the County Manager shall submit to the Commission, a
report setting forth the following information concerning the
proposed new Board:
1.) Whether the establishment of the Board will create
sufficient betterment to the community to justify the
Commission's delegation of a portion of its authority.
2.) Whether another Board or agency, either public or
private, already in existence, could serve, or is serving
-- the same purpose. • • - - -•
3.) The costs, both direct and indirect-, of-- estab-
( ::...:_.lishing and maintaining -the new- Board..- ,
4.) ._Whether-creation of .the new Board is necessary to
_. -enable the County to obtain state or federal grants or other
- financing.
- - 5.) Whether the Board should have bonding authority.
6.)-= Whether creation_of a new Board is the best method
• _. to achieve the benefit desired.
SECTION FOUR: EXEMPTION.
The Board of ._County Commissioners may, by_ resolution;
appoint an Ad-Hoc Study Committee for a specific project, if the
duration of the Committee does not exceed one (1) year duration.
Th iesor tion"Milit et'zfortt 't he=.dugs.sand-^ esponsibilitiet it
the mittee::and:Ido ifiiiiiMadngffage which atttomatiCally—tdisstiives'
the ,94.uutittee-Aii.'one/41 year.rifrotn heite o cioptioa=-by'tbrie"'
SECTION FIVE: QUALIFICATIONS AND REQUIREMENTS FOR . _
FOR MEMBERSHIP ON BOARDS
All members of County Boards shall be permanent residents
and electors of Collier County and should be reputabl dhtbEA4 ejj.��
in community service. In addition, all Board member rA161,}ld h ve
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demonstrated an interest in the activity or service which is the
purpose of the Board.
Any member of a County Board who ceases to be a resident of
Collier County during his or her term of office shall immediately
advise the Commission of such change in status. Upon such notice
the Commission shall declare the position to be vacant and shall
promptly fill -same pursuant to the provisions of Section Six
herein.
The Commission's primary consideration in appointing Board
members shall be to provide the Board with the technical, profes—
sional, financial, business or administrative expertise necessary
to effectively accomplish the Board's purpose.
No member of any County Board shall become a candidate for
C an elective political office and continue to serve on such Board.
Should any County Board member qualify as a candidate for an
elective political office, such qualification shall be deemed a
tender of resignation from such Board. 'Any County Board member
who has qualified for elective political office prior to the
effective date of this Ordinance shall not be required nor be
•
deemed to have resigned from such Board.
SECTION SIX: PROCESS OF APPOINTMENT.
(a) Vacancies occurring on any Board shall be publicized,
but need not be advertised, in a publication of general
circulation within the County, and vacancy notices are to be
posted in the County libraries and County Courthouse. •
(b) Prior to making appointments to Boards, the
Commission's staff shall provide the Commission with a list
outlining the qualifications and demographic background of each
candidate for Board membership, along with a list detailing the
qualifications and demographic backgrounds of present members
seeking reappointment on each Board to which an a.p 6 Ai.
• being made. No. -
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SECTION SEVEN: TERM OF OFFICE.
(a) Terms of office for Board members shall be staggered.
(b.) (1) Terms of office for Board members shall be limited
to two consecutive terms of service on any one Board; pro-
vided, however, that any person currently serving on a Board
shall be permitted to serve on that Board until the
expiration of his or her term.
(2) By a unanimous vote of the Commission, the limita-
tions set forth in subsection (b) (1) above may be waived.
(c) Nothing set forth in subsections (b) (1) above shall
prohibit any individual from being reappointed to a Board after a
hiatus of two years.
SECTION EIGHT: ATTENDANCE REQUIREMENT.
Any Board member shall be automatically removed if he or she
is absent from two consecutive Board meetings without a satis-
factory excuse or if he or she is absent from more than one-half
of the Board's meetings in a given fiscal year. A member of a
Board shall be deemed absent from a meeting when he or she is not
present during at least 75% of the meeting.
SECTION NINE: REVIEW OF BOARDS.
Commencing January 1, 1987, each Board shall be reviewed in
• the following manner:
(a) On or before January 15th of the year in which a Board
is to be reviewed, its Chairperson shall sqbmit to the County
Manager a report setting -forth the following information
regarding the Board: •
- 1.) Whether the Board is serving the purpose for which
it was created. ..... - - • • - -
2.)
2.) Whether the -Board is adequately serving current
community needs.
3.) A list of the Board's major accomplishments for
the preceding twelve' month period. ----� t
AGENDA i TEM
4.) whether there is any other Board o agency, i h
public or private, which is serving or wo ld better --
the purpose for which the Board was created FEB
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5.) Whether the ordinance creating the Board should be
amended to allow the Board to more adequately serve the
purpose for which it was created.
6.) Whether the Board's membership requirements should
be modified.
7.) The cost, both direct and indirect, of maintaining
the Board.
(b) On or before February 15th of the year in which a Board
is to be reviewed, the County Manager shall deliver to the
Commission the report submitted by the Chairperson of each Board,
pursuant to Section 9(a) of this Ordinance, together with any
recommendation or comments the County Manager may have.
(c) During March of the year in which a Board is to be
reviewed, the Chairperson shall make an oral presentation to the
Commission. Said presentation shall be based upon the report
submitted to the County Manager pursuant to Section 9(a) of this
Ordinance. At the conclusion of said oral presentation any
Commissioner may request the formation of a subcommittee con-
sisting of three (3) members of the Commission. Said subcom-
mittee shall evaluate the Chairperson's report, the County
Manager's recommendations and any other information it deems
• relevant to determine whether the Board shall continue in its
present form. The subcommittee shall report to the Commission
not later than within ninety (90) days after their initial
meeting.
(d) At the conclusion of this review process, the Commis-
sion shall determine whether to abolish, continue, consolidate-or
modify the Board for the ensuing four years.
(e) The following Boards shall be reviewed in the years as
set forth below and shall be reviewed once every four (4) years
thereafter:
1987: Board of Adjustment and Appeals
Food Establishment Review Board AGENDA, r
Tourist Development Council
Emergency Medical Services Advisory (Nzpcil
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1988: Library Advisory Board -
Golden Gate Community Center Advisory Committee
Contractors Licensing Board
Isles of Capri Fire Control District
Advisory Board
Parks and Recreation Advisory Board
1989: Citizens Advisory Task Force
Collier County Code Enforcement Board
• Golden Gate Parkway Beautification
Advisory Committee
Collier County Planning Commission
1990: Marco Island Beautification Advisory Committee
Ochopee Fire Control District Advisory Committee
Natural Resources Advisory Council (EAC/N?AB)
Public Vehicle Advisory Committee
Immokalee Airport Advisory Board
(f) All Boards created after the effective date of this
Ordinance shall be reviewed once every four (4) years thereafter.
SECTION TEN: 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 this
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 ELEVEN: EFFECTIVE DATE.
• This Ordinance shall become effective upon receipt of notice
from the Secretary of State that this Ordinance has been filed
with the Secretary of State.
PASSED'�a�'D' DULY ADOPTED by the Board of county Commissioners
„.. .,J
of Cgllier'•Countty,,Florida, this St-- day of August , 1986.
•
ATTEST= �;t'e .. • .. _. •
JAMES . LESr
'; k BOARD OF COUNTY COMMISSIONERS
• • COLLIL'R COUNTY FLOR
Vii gini " By: 4/W
Deputy'C7,erk /JOHN A. PISTOR, Chairman
Approved as to form and
legal sufficiency: AGEND.=
No. J -
( R. Bruce Anaerson
Assistant County Attorney 7. 87
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