Backup Documents 05/14/2013 Item #17FCounty Attorney
Ordinance
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
XXX Normal legal Advertisement
(Display Adv., location, etc.)
❑ Other:
5/14/13
{t , i
.rat• \v
Originating Dept/ Div: County Attorney Person: Jeffrey A. Klatzkow, County Attorney Date: April 25, 2013
Petition No. (If none, give brief description): County Attorney Ordinance
Petitioner: (Name & Address): N/A
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) See Above
Hearing before BCC BZA Other
Requested Hearing date: (Based on advertisement appearing 10+ days before hearing.) May 14, 2013 (ad to run no later than
WEDNESDAY, May 1, 2013)
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News
❑ Other
Proposed Text: (Include legal description & common location & Size:
XXX Legally Required
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, SETTING
FORTH THE OFFICE OF THE COUNTY ATTORNEY; THE METHOD AND CONDITIONS FOR SELECTION,
APPOINTMENT AND REMOVAL OF THE COUNTY ATTORNEY; THE DUTIES OF THE COUNTY ATTORNEY; THE
FUNDING FOR THE OFFICE OF THE COUNTY ATTORNEY; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
Companion petition(s), if any & proposed hearing date: N/A
Does Petition Fee include advertising cost? ❑ Yes XXX No If Yes, what account should be charged for advertising costs:
P.O.4500139337
Reviewed by: -�-L92 -3 q Mvh�
Division Adm t r or Designee Date
List Attachmen s: Proposed Ordinance
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request
for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
❑ County Manager agenda file: to ❑ Requesting Division
Clerk's Office
❑ Original
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
FOR CLERK'S OFFICE USE O LY:
Date Received: 0 Date of Public hearing: S Date Advertised:
17F
Teresa L. Cannon
From: NeetVirginia <VirginiaNeet @colliergov.net>
Sent: Thursday, April 25, 2013 3:26 PM
To: Minutes and Records
Cc: Ann P. Jennejohn
Subject: Ad request - County Attorney Ordinance
Attachments: Ad Request - County Attorney Ordinance.pdf, County Attorney Ordinance - JAK
signed.pdf, Advertising Request - County Attorney Ordinance.docx
Ann
Here is the ad request for the proposed County Attorney Ordinance along with the JAK signed Ordinance and the Word
version.
This ad should also run on Wednesday, 5/1.
Please let me know if there are any problems.
Thank you!!!
Dinny
Virginia A. Neet, Legal Assistant
Office of the Collier County Attorney
Telephone (239) 252 -8066 - Fax (239) 252 -6600
;: e P', Uis 3>.',f;o7 ds, if you ss ad d rs , iei ,ased €:i to a p. ;blii, i c ,%d ; regi iesl
': °; r, ,, ._�r ?. l� r•, s; n9i ;� a. C'.xn._icl this by on €
1
17F
ORDINANCE NO. 2013 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, SETTING FORTH THE OFFICE OF
THE COUNTY ATTORNEY; THE METHOD AND CONDITIONS FOR
SELECTION, APPOINTMENT AND REMOVAL OF THE COUNTY
ATTORNEY; THE DUTIES OF THE COUNTY ATTORNEY; THE
FUNDING FOR THE OFFICE OF THE COUNTY ATTORNEY;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 125.01(1)(b), Florida Statutes, authorizes the Board of County
Commissioners to provide for the prosecution and defense of legal causes in behalf of the county
and retain counsel and set their compensation; and
WHEREAS, the Board of County Commissioners has historically employed a County
Attorney and a County Attorney's Office to assist the Board and staff; and
WHEREAS, the Board of County Commissioners wish to formalize the role of the
County Attorney and the County Attorney's Office.
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 Attorney's
Ordinance."
SECTION TWO: The County Attorney and Office of the County Attorney.
The County Attorney shall be the chief legal counsel to the County and shall be the head
of the County Attorney's Office. The County Attorney's Office shall serve the Board of County
Commissioners, County Manager and County Agencies and Departments, and any other entity as
directed by the Board, in all legal matters affecting county government. The Office of the
County Attorney shall consist of the County Attorney, together with a Deputy County Attorney,
assistant county attorneys, law clerks, legal secretaries, paralegals and other personnel as may
from time to time be employed by the County Attorney. The Office of the County Attorney shall
be managed and operated in accordance with the terms of this ordinance, the Policies and
Procedures Manual of the Office of the County Attorney, and any written contract between the
Board and the County Attorney.
17-F
SECTION THREE: Method and conditions for selection, appointment and removal of
the County Attorney.
(a) Recruitment for the position of County Attorney shall be in such manner as may
be determined by the Board.
(b) The County Attorney shall be appointed by an affirmative vote of not less than
three members of the Board and serve at the will and pleasure of the Board.
(c) The County Attorney 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 Attorney.
(d) The County Attorney shall be and shall remain duly authorized to practice law in
the State of Florida, and shall have such experience as determined by the Board.
(e) The County Attorney need not be a resident of the County at the time of
appointment, but during the Attorney's tenure in office shall reside within the County.
(f) The position of the County Attorney shall be deemed vacant if the incumbent is
removed, resigns, moves his residence from the County or is, by death, illness or other casualty,
unable to continue in office. In the case of vacancy or disability, the Deputy County Attorney
shall serve as the County Attorney until a successor has been appointed by the Board or the
County Attorney resumes the duties of the position.
SECTION FOUR: Duties of the County Attorney.
(a) The County Attorney shall exclusively represent the County in all legal matters,
and as set forth below, with Board direction shall retain outside counsel to assist in such
representation. The duties, responsibilities and authority of the County Attorney shall include,
without limitation:
(1) Employing and managing all personnel of the County Attorney's Office,
establishing the organizational framework of the Office, and supervising the
conduct of all employees of the Office of the County Attorney.
(2) Providing legal advice and counsel to, and legal representation of the Board and
all County departments, agencies, advisory boards, officers and employees on
matters pertaining to the business of the County or in connection with the duties
of the Board, department, agency, officer or employee.
(3) Representing the County in all litigation, administrative hearings, mediation,
appeals and judicial proceedings in which the County, the Board, or a County
department or agency under the jurisdiction of the Board is a party. With the
approval of the Board, the County Attorney may employ outside counsel for such
proceeding, on such terms and conditions as the Board finds appropriate and
consistent with the County's purchasing policies.
(4) Advising and providing recommendations to the Board regarding the need for the
selection of any special counsel to be retained by the County and its agencies to
17F
provide legal representation in specified matters not related to litigation, and
thereafter supervising, monitoring and coordinating, as appropriate, the
representation, services and work of any special counsel so employed.
(5) The County Attorney shall be the registered agent of the County and its agencies,
including but not limited to the Collier County Community Redevelopment
Agency; the Collier County Airport Authority; and the Collier County Water -
Sewer District, and shall be the sole authorized agent for acceptance of service of
process on behalf of Collier County and all of its agencies.
(6) The County Attorney shall review and approve all draft ordinances, resolutions,
contracts and other legal documents (such as grant awards) prior to their being
presented to the Board, shall attest that each such document has been approved as
to form and legality, and shall cite with specificity any ordinance, statute,
constitutional or other provision on which the proposed action is based.
(7) With the assistance of the County Manager, the County Attorney shall be
responsible for ensuring the proper execution of all Board approved contracts,
resolutions and ordinances, and shall ensure the preservation of the chain of
custody of such documents from Board approval, to execution through recording
in the Official Records of the Clerk of Courts.
(8) All legal information relating to the County shall be immediately forwarded to the
County Attorney upon receipt of such information by any member of the Board
and/or County Staff, including but not limited to matters relating to threatened,
pending or actual litigation, whether criminal, civil or administrative in nature.
(9) The County Attorney shall be the Chief Ethics Officer for the County and its
agencies.
(b) The Office of the County Attorney shall provide legal advice and counsel to and
representation of any other State or local governmental office, unit, or entity as may be required
by law or interlocal agreement entered into by the Board.
(c) To implement the duties set forth above, the County Attorney shall develop
administrative practices and procedures to be approved by the Board for inclusion into the
Collier County Administrative Code, which practices and procedures shall thereafter be
respected by the Board and County staff.
SECTION FIVE: Funding for the Office of the County Attorney.
The County Attorney shall prepare a budget for the Office of the County Attorney to be
presented to the Board in accordance with the annual budget process adopted by the Board. The
Board shall appropriate funds as necessary from the general fund or other legally available funds
of the County to employ the County Attorney and personnel of the Office of the County Attorney
and provide necessary and reasonable expenses for the operation, management, space, facilities,
and expenses usually associated with the practice of law. Such appropriations shall be subject to
periodic review and adjustment in accordance with the budgetary process of the County.
SECTION SIX: 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 SEVEN: 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 EIGHT: 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:
DWIGHT E. BROCK, Clerk
IM
, Deputy Clerk
and
legal
Jeffrey
County
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
GEORGIA A. HILLER, ESQ.
CHAIRWOMAN
4
17F
Acct #027354
April 25, 2013
Attn: Legals
Naples News Media Group
1100 Immokalee Road
Naples, Florida 34110
Re: County Attorney Ordinance
Dear Legals:
Please advertise the above referenced notice on Wednesday, May 1, 2013, and
kindly send the Affidavit of Publication, in duplicate, together with charges
involved, to this office.
Thank you.
Sincerely,
Teresa Cannon,
Deputy Clerk
P.O. #4500139337
17F '
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, May 14, 2013, in the
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3299 East Tamiami Trail, Naples, Florida, the
Board of County Commissioners will consider the enactment of a County
Ordinance. The meeting will commence at 9:00 A.M. The title of the
proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, SETTING FORTH THE OFFICE OF THE COUNTY ATTORNEY;
THE METHOD AND CONDITIONS FOR SELECTION, APPOINTMENT AND REMOVAL
OF THE COUNTY ATTORNEY; THE DUTIES OF THE COUNTY ATTORNEY; THE
FUNDING FOR THE OFFICE OF THE COUNTY ATTORNEY; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
Copies of the proposed Ordinance are on file with the Clerk to the
Board and are available for inspection. All interested parties are
invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register
with the County administrator prior to presentation of the agenda item
to be addressed. Individual speakers will be limited to 3 minutes on
any item. The selection of an individual to speak on behalf of an
organization or group is encouraged. If recognized by the Chairman, a
spokesperson for a group or organization may be allotted 10 minutes to
speak on an item.
Persons wishing to have written or graphic materials included in the
Board agenda packets must submit said material a minimum of 3 weeks
prior to the respective public hearing. In any case, written
materials intended to be considered by the Board shall be submitted to
the appropriate County staff a minimum of seven days prior to the
public hearing. All material used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a
record of the proceedings pertaining thereto and therefore, may need
to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is
based.
If you are a person with a disability who needs any accommodation in
order to participate in this proceeding, you are entitled, at no cost
to you, to the provision of certain assistance. Please contact the
Collier County Facilities Management Department, located at 3335
Tamiami Trail East, Suite #101, Building W, Naples, Florida 34112,
(239) 252 -8380. Assisted listening devices for the hearing impaired
are available in the County Commissioners' Office.
17F
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
GEORGIA A. HILLER, ESQ, CHAIRWOMAN
DWIGHT E. BROCK, CLERK
By: Teresa Cannon, Deputy Clerk
(SEAL)
Teresa L. Cannon
To: Legals NDN (legals @naplesnews.com)
Subject: County Attorney Ordinance 17F
Attachments: County Attorney Ordinance.doc; County Attorney Ordinance.doc
Legals,
Please advertise the attached legal ad on Wednesday, May 1, 2013. Thanks
1
Teresa L. Cannon
From:
Polidora, Carol < cpolidora @naplesnews.com>
Sent:
Friday, April 26, 2013 1:08 PM
To:
Teresa L. Cannon
Subject:
Ad Confirmation
Attachments: UASA158 jpg 17F
Hi Teresa,
Please provide approval ASAP for publication on 05.01.13. Deadline is Monday morning (04.29), at 9:OOam.
Thanks!
Carol
Carol Polidora
Legal Advertising Specialist
Naples Daily News 1100 Immokalee Road Naples, FL 34110
O: (239) 263 -4871 1 Fax: (239) 312 -1251 1 cpolidora @naplesnews.com
naplesnews.com I ndnadvertising.com
Read. Lea rn.Share.
How may we help you? Call us at (239) 213 -6000
Thank you for placing your ad.
Date
04/26/13
Publication
NDN
Account Number
503641
Ad Number
1987767
Total Ad Cost
$254.22
1
NO'nCE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, May, 14, 2013, in the Boardroom,, 3rd Floor,
Administr4tion Bui iding, Collier Cor my Government Center, 3299 East Ta iarr i
Trail. Naples, Florida, the Board of County Commissioners will consider the nact-
me i of a County Ordinance. The meeting vil commence at 9:00 A.M, The title of
the prop*->ed Ordinance is as follows:
AN ORDINANCE. OF THE 130ARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, L NG FORTH THE OFFICE OF THE COUNTY ATTORNEY; THE
METHOD AND CONDITIONS FOR SELECTION, APPOINTMENT T AN MO OF
THE COUNTY ATTORNEY THE DUTIES OF THE COUNTY ATTORNEY; THE FUNDING
FOR THE OFFICE OF THE COUNT ' TTORl EY-- PROVIDING FOR CONFLICT AND
S VERABILITY PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATA..
Copies of the proposed Ordinance are on file � Ndth the clerk to the Board and are
available for ins ectiom All interested parties are invited to attend and be heard,
MOTE All persons ns wfishing to speak on any agenda item us register � ith ills
Court administrator ridr to presentation of the agenda item to addressed
Individual speakers vi& be li iteld to j minutes on any item. The selection are
individual to s ak n behalf o are organization r roue is e c ur g d. If
r� ognize � b t o Chairman, a spokesperson for ,a group or organization may, be
allotted 10 minutes to speak on an item.
crsons wishing to have written or graphic materials included it the Bayard agenda
packets must submit said material a rninrmur - of Meeks prier- to the respective
�ublic l earring I'n any case, ;critter materials intended to he ores dered by the
and shall be submitted to the appr prime County staff a minimum of seven da ys
Prior tca the public hearing. All Material used in pre entations Wore the Board
will bec "�LzL a permanent part of the record.
Any person vvho decides -to appeal a decision of the Board vVill reed a record of ;he
proceedings perttaining thereto and therefore, ore, r ay reed to ensure that a verbatim
r c rd of the proceedings is made, vvhich record inciudes the "testimony and
evidence upon hich the alppe I is basted.
if you are a person ,Jth a disability who needs any accommodation in order to
participate in this pr c edinq you ara, entitled, at no cast: -to you, to the provision
of certain assistance. Please contact the Collie- County Facilities 10ar a m t
epartrneni, located at 3335 Tar iarni Trail East,, Suite #101 Building , Naples,
Florida 3411.2 , (239' 252.8,380. Assisted listening devices for the hearing unpaired
are available in the County Commissioners' Office.
BOARD OF COLIN i � COMMISSIONERS
COLLIER COUNTY, F GRID .
GEORGIA A. HILLER, ESQ., CHAIRWOMAN
DWIGHT E, BROCK, CLERK
By: Ter a Cannon, De uq,, Clerk
(SEAL)
May 1, 2013 N, 1986
17F
Teresa L. Cannon
From:
NeetVirginia <VirginiaNeet @colliergov.net>
Sent:
Friday, April 26, 2013 4:03 PM
To:
Teresa L. Cannon
Subject:
RE: Ad Confirmation
Approved.
Dinny
- - - -- Original Message---- -
From: Teresa L. Cannon [ mailto: Teresa.Cannon @collierclerk.com]
Sent: Friday, April 26, 2013 2:18 PM
To: NeetVirginia
Subject: FW: Ad Confirmation
Please review asap. Thanks
Teresa L. Cannon, BMR Clerk III
Minutes and Records Department
239 - 252 -8411
239 - 252 -8408 fax
Teresa.Cannon @collierclerk.com
- - - -- Original Message---- -
From: Polidora, Carol [ mailto :cpolidora @naplesnews.comj
Sent: Friday, April 26, 2013 1:08 PM
To: Teresa L. Cannon
Subject: Ad Confirmation
Hi Teresa,
Please provide approval ASAP for publication on 05.01.13. Deadline is Monday morning (04.29), at 9:OOam.
Thanks!
Carol
Carol Polidora
Legal Advertising Specialist
Naples Daily News 1100 Immokalee Road Naples, FL 34110
0: (239) 263 -4871 1 Fax: (239) 312 -1251 1 cpolidora @naplesnews.com
naplesnews.com I ndnadvertising.com
Read. Lea rn.Share.
How may we help you? Call us at (239) 213 -6000
Thank you for placing your ad.
17F
Teresa L. Cannon
To: Polidora, Carol
Subject: RE: Ad Confirmation
Looks good, o to run.
Teresa L. Cannon, BMR Clerk III
Minutes and Records Department
239 - 252 -8411
239 - 252 -8408 fax
Teresa.Cannon @collierclerk.com
- - - -- Original Message---- -
From: Polidora, Carol (mailto:cpolidora @naplesnews.com]
Sent: Friday, April 26, 2013 1:08 PM
To: Teresa L. Cannon
Subject: Ad Confirmation
Hi Teresa,
Please provide approval ASAP for publication on 05.01.13. Deadline is Monday morning (04.29), at 9:OOam.
Thanks!
Carol
Carol Polidora
Legal Advertising Specialist
Naples Daily News 1100 Immokalee Road Naples, FL 34110
O: (239) 263 -4871 1 Fax: (239) 312 -1251 1 cpolidora @naplesnews.com
naplesnews.com I ndnadvertising.com
Read. Lea rn.Share.
How may we help you? Call us at (239) 213 -6000
Thank you for placing your ad.
Date 04/26/13
Publication NDN
Account Number 503641
Ad Number 1987767
Total Ad Cost $254.22
1
17F
NOTICE OF INTENT TO COM MR OMM" CE
Notice is hereby given that on Tuesday, May 14, 2013, in the Boardroom, 3rd Floor,
Administration B tidingg, Collier County Government Center, 3299 East Tamiami
Trail, Naples, Florida, the Board of County Commissioners will consider the enact-
ment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of
the proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COU COMMISSK)NERS . OF COLDER
COUNTY, FLORIDA, SETTING FORTH THE OFFICE THE COUNTY ATTORNEY; THE
METHOD AND CONDITIONS FOR SELECTION, APPOINTMENT AND REMOVAL OF
THE COUNTY ATTORNEY; THE DUTIES OF THE COUNTY ATTORNEY; THE FUNDING
FOR THE OFFICE OF THE .COUNTY ATTORNEY, PROVIDING FOR CONFLICT "AND
SEVERABILITY;. PROVIDING FOR INCLUSION ;IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
Copies of the proposed Ordinance are on file with the Clerk to the Board and are
available for inspection. All interested parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must Jegister with the
County administrator prior to presentation of the agenda item to be addressed.
Individual speakers wi0 be limited to 3 minutes on any Rem. The selection of an
individual to speak on behalf of an organization or group is encouraged. If
recognized by the Chairman, a spokesperson for a group or organization may be
allotted, l0 minutes to speak on an item.
Persons wishing to have written or, graphic materials included in the Board agenda
packets must submit said material a minimum of 3 weeks prior to the respective
public hearing. In any case, written materials intended to be considere d yb the
Board shall be wbmitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All material used in presentations before the Board
w "ill become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a record of the
proceedin gs pertaining thereto and therefore, may need to ensure that a verbatim
record of the proceedings is made, which record includes, the testimony and -
evidence upon which the appeal is based.
If you are a, person with a disability who, needs any accommodation in order to
participate in this proceeding, you are erld at no cost to you, to the provision
Or certain assistance. Please contact the Collier County Facilities Management
Department, located at 3335 Tamiami Trail East, Suite #101, Building W, Naples,
,Florida 34112, (239) 252 -8380. Assisted listening devices for the hearing impaired
are available in the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
GEORGIA A. HILLER, ESQ, CHAIRWOMAN
DWIGHT E. BROCK, CLERK
Illy: Teresa Cannon, Deputy Clark
(SEAL)
Jlav 4. 2[113 - _ ala.. t�7T67
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP I
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO r
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Orrice no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines #1 through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's signature, draw a line through routing lines #1 through #2, complete the checklist, and forward to the County Attorney Office.
Route to Addressee (s) (List in routing order)
Office
Initials
Date
1.
appropriate.
(Initial)
Applicable)
2.
5/14/13
Agenda Item Number
17 -F
3. County Attorney Office
County Attorney Office
JA
5/14/13
4. BCC Office
Board of County
Commissioners
6 ft
LE
5 i? 13
5. Minutes and Records
Clerk of Court's Office
I Tv
5t(O'
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created /prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above, may need to contact staff for additional or missing information.
Name of Primary Staff
Jeffrey A. Klatzkow, County Attorney
Phone Number
252 -840
Contact / Department
appropriate.
(Initial)
Applicable)
Agenda Date Item was
5/14/13
Agenda Item Number
17 -F
Approved by the BCC
Does the document need to be sent to another agency for additional signatures? If yes,
JAK
Type of Document
County Attorney Orcknance
��
Number of Original
One
Attached
''3`T
Documents Attached
signed by the Chairman, with the exception of most letters, must be reviewed and signed
PO number or account
n/a
by the Office of the County Attorney.
number if document is
4.
All handwritten strike- through and revisions have been initialed by the County Attorney's
to be recorded
JAK
Office and all other parties except the BCC Chairman and the Clerk to the Board
INSTRUCTIONS & CHECKLIST
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate.
(Initial)
Applicable)
1.
Does the document require the chairman's original signature?
JAK
2.
Does the document need to be sent to another agency for additional signatures? If yes,
JAK
provide the Contact Information (Name; Agency; Address; Phone) on an attached sheet.
3.
Original document has been signed/initialed for legal sufficiency. (All documents to be
JAK
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney.
4.
All handwritten strike- through and revisions have been initialed by the County Attorney's
JAK
Office and all other parties except the BCC Chairman and the Clerk to the Board
5.
The Chairman's signature line date has been entered as the date of BCC approval of the
JAK
document or the final negotiated contract date whichever is applicable.
6.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
JAK
signature and initials are required.
7.
In most cases (some contracts are an exception), the original document and this routing slip
UCK
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8.
The document was approved by the BCC on 5/14/13 and all changes made during the
JAK
meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the changes, if applicable.
i
9.
Initials of attorney verifying that the attached document is the version approved by the
JAK
BCC, all changes directed by the BCC have been made, and the document is ready for the
Chairman's signature.
—
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12
17 F , WO-,
ORDINANCE NO. 2013 -3 4
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, SETTING FORTH THE OFFICE OF
THE COUNTY ATTORNEY; THE METHOD AND CONDITIONS FOR
SELECTION, APPOINTMENT AND REMOVAL OF THE COUNTY
ATTORNEY; THE DUTIES OF THE COUNTY ATTORNEY; THE
FUNDING FOR THE OFFICE OF THE COUNTY ATTORNEY;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 125.01(1)(b), Florida Statutes, authorizes the Board of County
Commissioners to provide for the prosecution and defense of legal causes in behalf of the county
and retain counsel and set their compensation; and
WHEREAS, the Board of County Commissioners has historically employed a County
Attorney and a County Attorney's Office to assist the Board and staff; and
WHEREAS, the Board of County Commissioners wish to formalize the role of the
County Attorney and the County Attorney's Office.
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 Attorney's
Ordinance."
SECTION TWO: The County Attorney and Office of the County Attorney.
The County Attorney shall be the chief legal counsel to the County and shall be the head
of the County Attorney's Office. The County Attorney's Office shall serve the Board of County
Commissioners, County Manager and County Agencies and Departments, and any other entity as
directed by the Board, in all legal matters affecting county government. The Office of the
County Attorney shall consist of the County Attorney, together with a Deputy County Attorney,
assistant county attorneys, law clerks, legal secretaries, paralegals and other personnel as may
from time to time be employed by the County Attorney. The Office of the County Attorney shall
be managed and operated in accordance with the terms of this ordinance, the Policies and
Procedures Manual of the Office of the County Attorney, and any written contract between the
Board and the County Attorney.
17F jva
SECTION THREE: Method and conditions for selection, appointment and removal of
the County Attorney.
(a) Recruitment for the position of County Attorney shall be in such manner as may
be determined by the Board.
(b) The County Attorney shall be appointed by an affirmative vote of not less than
three members of the Board and serve at the will and pleasure of the Board.
(c) The County Attorney 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 Attorney.
(d) The County Attorney shall be and shall remain duly authorized to practice law in
the State of Florida, and shall have such experience as determined by the Board.
(e) The County Attorney need not be a resident of the County at the time of
appointment, but during the Attorney's tenure in office shall reside within the County.
(f) The position of the County Attorney shall be deemed vacant if the incumbent is
removed, resigns, moves his residence from the County or is, by death, illness or other casualty,
unable to continue in office. In the case of vacancy or disability, the Deputy County Attorney
shall serve as the County Attorney until a successor has been appointed by the Board or the
County Attorney resumes the duties of the position.
SECTION FOUR: Duties of the County Attorney.
(a) The County Attorney shall exclusively represent the County in all legal matters,
and as set forth below, with Board direction shall retain outside counsel to assist in such
representation. The duties, responsibilities and authority of the County Attorney shall include,
without limitation:
(1) Employing and managing all personnel of the County Attorney's Office,
establishing the organizational framework of the Office, and supervising the
conduct of all employees of the Office of the County Attorney.
(2) Providing legal advice and counsel to, and legal representation of the Board and
all County departments, agencies, advisory boards, officers and employees on
matters pertaining to the business of the County or in connection with the duties
of the Board, department, agency, officer or employee.
(3) Representing the County in all litigation, administrative hearings, mediation,
appeals and judicial proceedings in which the County, the Board, or a County
department or agency under the jurisdiction of the Board is a party. With the
approval of the Board, the County Attorney may employ outside counsel for such
proceeding, on such terms and conditions as the Board finds appropriate and
consistent with the County's purchasing policies.
(4) Advising and providing recommendations to the Board regarding the need for the
selection of any special counsel to be retained by the County and its agencies to
2
17F , k;
provide legal representation in specified matters not related to litigation, and
thereafter supervising, monitoring and coordinating, as appropriate, the
representation, services and work of any special counsel so employed.
(5) The County Attorney shall be the registered agent of the County and its agencies,
including but not limited to the Collier County Community Redevelopment
Agency; the Collier County Airport Authority; and the Collier County Water -
Sewer District, and shall be the sole authorized agent for acceptance of service of
process on behalf of Collier County and all of its agencies.
(6) The County Attorney shall review and approve all draft ordinances, resolutions,
contracts and other legal documents (such as grant awards) prior to their being
presented to the Board, shall attest that each such document has been approved as
to form and legality, and shall cite with specificity any ordinance, statute,
constitutional or other provision on which the proposed action is based.
(7) With the assistance of the County Manager, the County Attorney shall be
responsible for ensuring the proper execution of all Board approved contracts,
resolutions and ordinances, and shall ensure the preservation of the chain of
custody of such documents from Board approval, to execution through recording
in the Official Records of the Clerk of Courts.
(8) All legal information relating to the County shall be immediately forwarded to the
County Attorney upon receipt of such information by any member of the Board
and/or County Staff, including but not limited to matters relating to threatened,
pending or actual litigation, whether criminal, civil or administrative in nature.
(9) The County Attorney shall be the Chief Ethics Officer for the County and its
agencies.
(b) The Office of the County Attorney shall provide legal advice and counsel to and
representation of any other State or local governmental office, unit, or entity as may be required
by law or interlocal agreement entered into by the Board.
(c) To implement the duties set forth above, the County Attorney shall develop
administrative practices and procedures to be approved by the Board for inclusion into the
Collier County Administrative Code, which practices and procedures shall thereafter be
respected by the Board and County staff.
SECTION FIVE: Funding for the Office of the County Attorney.
The County Attorney shall prepare a budget for the Office of the County Attorney to be
presented to the Board in accordance with the annual budget process adopted by the Board. The
Board shall appropriate funds as necessary from the general fund or other legally available funds
of the County to employ the County Attorney and personnel of the Office of the County Attorney
and provide necessary and reasonable expenses for the operation, management, space, facilities,
and expenses usually associated with the practice of law. Such appropriations shall be subject to
periodic review and adjustment in accordance with the budgetary process of the County.
3
17F .a
SECTION SIX: 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 SEVEN: 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 EIGHT: 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 14j4 -, day of a 12013.
ATTEST: "�
�'� BOARD OF COUNT COMMISSIONERS
DWIGHT l ;:`$ROCK, IerlE COLLIER COUNTY, FLORIDA
: -..1 3f �
�J . V-4-1 B
By: - y:
rk Attest as to Chair* 4ep
signature only.,,""
Appi
legal
I
Jeffrey
County
and
GE= W. HILLER, ESQ.
CHA OMAN
4
17F 4
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2013 -34
which was adopted by the Board of County Commissioners
on the 14th day of May, 2013, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 20th
day of May, 2013.
DWIGHT E. BROCK
Clerk of Courts and,,Clerk
Ex- officio to Board o € -.
County Commissiore's;ig " y,
t ,
By: Martha Verg x
Deputy Clex :;�