Agenda 10/13/2020 Item #17C (Ordinance - BCC Chairman/Vice-Chairman Rotation)10/13/2020
EXECUTIVE SUMMARY
Recommendation to adopt an ordinance amending Ordinance No. 75-16, as amended, to establish a
rotation for serving as Chairman and Vice-Chairman of the Board of County Commissioners.
OBJECTIVE: To provide certainty to the process of electing the Chairman and Vice-Chairman of the
Board of County Commissioners (Board).
CONSIDERATIONS: Ordinance No. 75-16, as amended, sets forth general rules and procedures
regarding meetings of the Board. This includes the election of a Chairman and Vice-Chairman during
the first regularly scheduled Board meeting in January of each year . For many years the Board rotated
the positions as a matter of custom. To remove any political and personal considerations in this election
process, the proposed amendment to Section One (e) of Ordinance No. 75-16, as amended (codified in
Section 2-36(e) of the Code of Laws and Ordinances) establishes a rotation in numerical order based on
the Commission District number.
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(e) Presiding officer, election, duties. The presiding Chairman and Vice-Chairman shall be elected
by a majority of the members of the Board of County Commissioners and said election shall
occur at the first regularly scheduled Board meeting in January of each year. Commencing with
the first regularly scheduled Board meeting in January 2021, the position of the Chairman shall be
rotated in numerical order based on the Commission District number beginning with the
Commissioner of District 4. The position of the Vice-Chair shall also rotate in numerical order
beginning with the Commissioner of District 5. A prerequisite to being Chairman shall be one
year’s tenure on the Board. Should the Commissioner of the District scheduled to be Chair not
meet the tenure requirement, then for that yea r the Commission District for both the Chair and
Vice-Chair shall be skipped, with the Chairman being the next qualified Commissioner in this
rotation, and the Vice -Chairman being the Commissioner for the District scheduled to be
Chairman the following year. Thereafter, the rotation of the chairs shall continue in the
numerically ordered rotation.
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FISCAL IMPACT: The cost to advertise the proposed ordinance was $532. The Board previously
authorized this expenditure on September 22, 2020, under item 10B, which authorized the advertisement
of this ordinance amendment.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this
Executive Summary.
LEGAL CONSIDERATIONS: The proposed ordinance amendment was drafted by the County
Attorney and is approved as to form and legality. A majority vote of the Board is required for approval. -
JAK
RECOMMENDATION: That the Board of County Commissioners adopts the attached ordinance.
PREPARED BY: Commissioner Burt Saunders, District 3
17.C
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10/13/2020
ATTACHMENT(S)
1. Ordinance amending 75-16 rotation of Chair (DOCX)
2. legal ad - Agenda ID 13706 (PDF)
17.C
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10/13/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.C
Doc ID: 13706
Item Summary: Recommendation to adopt an ordinance amending Ordinance No. 75-16, as
amended, to establish a rotation for serving as Chairman and Vice-Chairman of the Board of County
Commissioners.
Meeting Date: 10/13/2020
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Wanda Rodriguez
09/28/2020 1:32 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
09/28/2020 1:32 PM
Approved By:
Review:
Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 09/28/2020 1:57 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/02/2020 8:53 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 10/02/2020 10:30 AM
County Manager's Office Sean Callahan Level 4 County Manager Review Completed 10/06/2020 11:58 AM
Board of County Commissioners MaryJo Brock Meeting Pending 10/13/2020 9:00 AM
17.C
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[20-BCC-00985/1567820/1]
Words Underlined are added; Words Struck-Through are deleted.
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ORDINANCE NO. 2020 - _____ 1
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AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF 3
COLLIER COUNTY, FLORIDA, AMENDING SECTION ONE OF 4
ORDINANCE NO. 75-16, AS AMENDED, ESTABLISHING A ROTATION 5
FOR SERVING AS CHAIRMAN AND VICE-CHAIRMAN OF THE 6
BOARD OF COUNTY COMMISSIONERS; PROVIDING FOR CONFLICT 7
AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF 8
LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE 9
DATE. 10
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WHEREAS, Collier County Ordinance No. 75-16, as amended, sets forth general rules 12
and procedures regarding meetings of the Board of County Commissioners, including the annual 13
election of a Chairman and Vice-Chairman; and 14
WHEREAS, for many years the Collier County Board of Commissioners rotated the 15
position of Chairman as a matter of custom; and 16
WHEREAS, the Board wishes to return to this practice, as the Board finds that this custom 17
fostered good will among the Commissioners by providing certainty to the process and by 18
removing political and personal considerations from the election of the Chairman. 19
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 20
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 21
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SECTION ONE: Amendment to Section One of Ordinance No. 75-16, as amended. 23
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Section One of Ordinance No. 75-16, as amended, is hereby amended as follows: 25
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(e) Presiding officer, election, duties. The presiding Chairman and Vice-Chairman shall be 29
elected by a majority of the members of the Board of County Commissioners and said 30
election shall occur at the first regularly scheduled Board meeting in January of each 31
year. Commencing with the first regularly scheduled Board meeting in January 2021, the 32
position of the Chairman shall be rotated in numerical order based on the Commission 33
District number beginning with the Commissioner of District 4. The position of the Vice-34
Chair shall also rotate in numerical order beginning with the Commissioner of District 5. 35
A prerequisite to being Chairman shall be one year’s tenure on the Board. Should the 36
Commissioner of the District scheduled to be Chair not meet the tenure requirement, then 37
for that year the Chair shall skip to the next qualified Commissioner in the rotation, with 38
the Vice-Chairman always being next in line for Chair. Thereafter, the rotation of the 39
Chair and Vice-Chair shall continue in the numerically ordered rotation. 40
17.C.1
Packet Pg. 2470 Attachment: Ordinance amending 75-16 rotation of Chair (13706 : Ordinance establishing rotation for Chair and Vice Chair of BCC)
[20-BCC-00985/1567820/1]
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SECTION TWO: Conflict and Severability. 42
In the event this Ordinance conflicts with any other ordinance of Collier County or other 43
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held 44
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a 45
separate, distinct and independent provision and such holding shall not affect the validity of the 46
remaining portion. 47
48
SECTION THREE: Inclusion in the Code of Laws and Ordinances. 49
The provisions of this Ordinance shall become and be made a part of the Code of Laws and 50
Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or 51
relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or 52
any other appropriate word. 53
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SECTION FOUR: Effective Date. 55
This Ordinance shall become effective upon receipt of notice from the Secretary of State 56
that this Ordinance has been filed with the Secretary of State. 57
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier 59
County, Florida, this _______ day of _____________________, 2020. 60
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ATTEST: BOARD OF COUNTY COMMISSIONERS 62
CRYSTAL K. KINZEL, Clerk COLLIER COUNTY, FLORIDA 63
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By: ____________________________ By: _____________________________ 66
, Deputy Clerk Burt L. Saunders, Chairman 67
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Approved as to form and legality: 74
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_______________________________ 76
Jeffrey A. Klatzkow, County Attorney 77
17.C.1
Packet Pg. 2471 Attachment: Ordinance amending 75-16 rotation of Chair (13706 : Ordinance establishing rotation for Chair and Vice Chair of BCC)
17.C.2
Packet Pg. 2472 Attachment: legal ad - Agenda ID 13706 (13706 : Ordinance establishing rotation for Chair and Vice Chair of BCC)