Agenda 12/08/2020 Item #16H 1 (Advertise Ordinance reestablishing Productivity Committee)12/08/2020
EXECUTIVE SUMMARY
Recommendation to direct the County Attorney to advertise and bring back for a public hearing an
ordinance reestablishing the County Government Productivity Committee.
OBJECTIVE: For the Board of County Commissioners to reorganize and reinstate the County
Government Productivity Committee by repealing and replacing Ordinance No. 2017-53, as amended.
CONSIDERATIONS: In 1991, Collier County adopted Ordinance No. 91-10 which created the
Productivity Committee to review the efficiency of departments of county government under the
jurisdiction of the Board of County Commissioners, which ordinance was amended from time to time.
The Committee was disbanded by the Board on November 10, 2013, along with a number of other
committees that the Board identified as no longer active or necessary. In 2017 the Board adopted
Ordinance No. 2017-53, re-establishing the Productivity Committee with the following functions:
“Upon specific direction by the Board of County Commissioners, the Committee shall
evaluate departments and divisions of Collier County Government under the jurisdiction
of the Board of County Commissioners to determine if those departments and divisions
are operating at appropriate levels of efficiency and effectiveness to meet the
expectations of the people of Collier County. Once directed by the Board of County
Commissioners, the Committee shall analyze and review the existing structure,
organization, staffing, management, operations, business practices, and procedures of
the departments and divisions identified by the Board of County Commissioners.”
The Productivity Committee was originally formed to evaluate departments and divisions of
county government to determine if those departments and divisions are operating at appropriate levels of
efficiency. The objective was to assure the County’s taxpayers that their tax dollars are being used in an
appropriate manner and the Board of County Commissioners is taking all reasonable steps to avoid waste
of tax dollars. The primary difference between the current ordinance and the proposed ordinance is that
under the current ordinance the Committee has no ongoing function absent specific Board direction. The
proposed ordinance gives the Committee the ongoing mission to evaluate County departments without
specific direction by the Board.
To that end I am proposing that the Productivity Committee be reconstituted to meet the original
vision of the committee. To meet this goal, I am proposing that the Board repeal and replace the current
Productivity ordinance with a new one. The proposed ordinance provides the following functions,
powers and duties of the Productivity Committee:
“The Committee shall evaluate departments and divisions of county government under
the jurisdiction of the Board of County Commissioners and determine if those
departments and divisions are operating at appropriate levels of efficiency. The objective
is to assure the County’s taxpayers that their tax dollars are being used in an appropriate
manner and the Board of County Commissioners is taking all reasonable steps to avoid
waste of tax dollars. It is expected that only two or three departments or divisions will be
evaluated in any given year, and that the Committee shall rotate departments so that
each department or division is reviewed on a regular basis. In addition to this primary
function, the Committee shall take on various assignments as directed by the Board of
County Commissioners.”
The current membership of the Productivity Committee is as follows:
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1. James Gibson (District 1)
2. Michael Dalby (District 2)
3. Ron Kezeske (District 3)
4. Larry Magel (District 4)
5. Jill Rosenfeld (District 5)
6. Gerald Godshaw (at large)
7. Michael Lyster (at large)
To help ensure that the Board is comprised of the most qualified applicants, the newly reorganized
Productivity Committee would consist of nine at-large members. To ensure continuity, terms would be
staggered. I believe that the current members are all highly qualified and I would hope and encourage
them to reapply for the new Committee. I have intentionally expanded the number of seats on the
Committee to ensure that there is room on the Committee for the existing members, leaving two seats
open for additional qualified candidates.
FISCAL IMPACT: Estimated cost of advertising is $600.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality, and requires majority vote for approval. -JAK
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners directs the Country Attorney to
advertise and bring back for a public hearing an ordinance reestablishing the Productivity Committee.
PREPARED BY: Commissioner Burt L. Saunders, District 3
ATTACHMENT(S)
1. Ordinance - reestablish Productivity Committee - lined draft (PDF)
2. Ordinance 17-53, as amended (PDF)
3. Ordinance 91-10 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.H.1
Doc ID: 14236
Item Summary: Recommendation to direct the County Attorney to advertise and bring back for a
public hearing an ordinance reestablishing the County Government Productivity Committee.
Meeting Date: 12/08/2020
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Wanda Rodriguez
11/13/2020 12:20 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
11/13/2020 12:20 PM
Approved By:
Review:
County Manager's Office Geoffrey Willig Additional Reviewer Completed 11/13/2020 2:44 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 11/13/2020 2:47 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/13/2020 3:39 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 11/16/2020 8:38 AM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 11/30/2020 9:35 AM
Board of County Commissioners MaryJo Brock Meeting Pending 12/08/2020 9:00 AM
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[95.0361/1580949/1] 1
ORDINANCE NO. 2021 - _____ 1
2
AN ORDINANCE REPEALING AND REPLACING ORDINANCE NO. 3
2017-53, AS AMENDED, THE COLLIER COUNTY PRODUCTIVITY 4
COMMITTEE ORDINANCE, BY RECONSTITUTING THE COUNTY 5
GOVERNMENT PRODUCTIVITY COMMITTEE; PROVIDING FOR 6
APPOINTMENT AND COMPOSITION; PROVIDING FOR TERMS OF 7
OFFICE; PROVIDING FOR REMOVAL FROM OFFICE; PROVIDING 8
FOR OFFICERS, QUORUM, AND RULES OF PROCEDURE; 9
PROVIDING FOR REIMBURSEMENT OF EXPENSES; PROVIDING FOR 10
THE FUNCTIONS, POWERS AND DUTIES OF THE COMMITTEE; 11
PROVIDING FOR THE DUTIES OF THE COUNTY MANAGER’S 12
OFFICE AND THE CLERK OF COURTS; PROVIDING FOR REPEAL OF 13
ORDINANCE NOS. 2017-53 AND 2018-10; PROVIDING FOR CONFLICT 14
AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF 15
LAWS AND ORDINANCE; AND PROVIDING FOR AN EFFECTIVE 16
DATE. 17
18
19
WHEREAS, on January 29, 1991, the Board of County Commissioners (Board) adopted 20
Ordinance No. 91-10, establishing the County Government Productivity Committee (Committee) 21
to review the efficiency of departments of County government under the jurisdiction of the Board; 22
and 23
WHEREAS, over the years, both that Ordinance and the Committee’s functions have been 24
amended numerous times, and the Committee has been eliminated and reestablished; and 25
WHEREAS, the Board desires to reconstitute the Productivity Committee to meet its 26
original goals and objectives, thus assuring the County’s taxpayers that all options to conserve tax 27
dollars are being explored and that tax dollars are being used responsibly. 28
29
NOW, THEREFORE. BE IT ORDAINED BY THE BOARD OF COUNTY 30
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 31
32
SECTION ONE: Reestablishment of the County Government Productivity Committee. 33
The County Government Productivity Committee (the “Committee”) is hereby 34
reestablished to review the efficiency of departments of county government under the jurisdiction 35
of the Board of County Commissioners as well as from time-to-time to take on various assignments 36
as directed by the Board of County Commissioners. 37
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[95.0361/1580949/1] 2
SECTION TWO: Appointment and Composition. 38
The Committee shall be composed of nine members. In keeping with Ordinance 01-55, as 39
amended, the County Advisory Board Ordinance, members of the Committee shall be appointed 40
by and serve at the pleasure of the Board of County Commissioners. Said members shall be 41
permanent residents and electors of Collier County. 42
43
SECTION THREE: Terms of Office. 44
The initial terms of office of the Committee members shall be as follows: 45
A. Four members shall serve an initial term of one year. 46
B. Five members shall serve an initial term of two years. 47
Thereafter, each appointment or re-appointment shall be for a term of two (2) years. 48
Appointments to fill any vacancies on the Committee shall be for the remainder of the unexpired 49
term of office. 50
51
SECTION FOUR: Removal from Office 52
Removal of members from the County Government Productivity Committee shall be in 53
accordance with the provisions of Collier County Ordinance No. 2001-55, as amended; however, 54
any member of the Committee may be removed from the Committee, with or without cause, by a 55
majority vote of the Board of County Commissioners. 56
57
SECTION FIVE: Officers; Quorum; Rules of Procedure. 58
A. Annually the members of the Committee shall elect a chairman and vice chairman from 59
among the members. Officers’ terms shall be for one (1) year with eligibility for re-election. 60
B. The presence of five or more members shall constitute a quorum of the Committee 61
necessary to take action and transact business. In addition, an affirmative vote of five or more 62
members shall be necessary in order to take official action, regardless of whether five or more 63
members of the Committee are present at the meeting. 64
C. The Committee shall, by majority vote of the entire membership, adopt rules of procedure 65
or guidelines for the transaction of business and shall keep a written record of meetings, 66
resolutions, findings and determinations. Any such rules of procedure or guidelines are subject to 67
approval by the Board of County Commissioners. 68
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[95.0361/1580949/1] 3
SECTION SIX: Reimbursement of Expenses. 69
Members of the Committee shall serve without compensation but shall be entitled to 70
receive reimbursement for expenses reasonably incurred in the performance of their duties upon 71
prior approval of the Board of County Commissioners. 72
73
SECTION SEVEN: Functions, Powers and Duties of the Committee. 74
The function, powers and duties of the Committee shall be as follows: 75
A. The Committee shall evaluate departments and divisions of county government under the 76
jurisdiction of the Board of County Commissioners and determine if those departments and 77
divisions are operating at appropriate levels of efficiency. The objective is to assure the County’s 78
taxpayers that their tax dollars are being used in an appropriate manner and the Board of County 79
Commissioners is taking all reasonable steps to avoid waste of tax dollars. It is expected that only 80
two or three departments or divisions will be evaluated in any given year, and that the Committee 81
shall rotate departments so that each department or division is reviewed on a regular basis. In 82
addition to this primary function, the Committee shall take on various assignments as directed by 83
the Board of County Commissioners. 84
B. The Committee may establish subcommittees who are each assigned a specific department 85
or division to review. 86
C. The Committee shall prepare a report of findings and recommendations to be submitted 87
directly to the Board of County Commissioners at the last Commission meeting prior to June 1 of 88
each year; provided, however, that such report and recommendations shall be submitted to the 89
County Manager’s Office by May 1 of each year to provide an opportunity for Staff review. 90
D. Committee meetings shall be open to the public. 91
92
SECTION EIGHT: Duties of the County Manager’s Office and the Clerk of Courts. 93
The County Manager’s Office will provide such documentation, information, descriptions 94
of procedures, administrative support and general assistance to the Committee as may be necessary 95
for the Committee to carry out its functions as set forth herein. 96
The Clerk of Courts may provide the Committee with technical assistance relating to the 97
Committee’s reviews. 98
99
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[95.0361/1580949/1] 4
SECTION NINE: Repeal of County Ordinance Nos. 2017-53 and 2018-10 100
This Ordinance is intended to repeal and replace County Ordinance Nos. 2017-53 and 101
2018-10, which are hereby repealed in their entirety. 102
103
SECTION TEN: CONFLICT AND SEVERABILITY. 104
In the event this Ordinance conflicts with any other ordinance of Collier County or other 105
applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held 106
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a 107
separate, distinct and independent provision and such holding shall not affect the validity of the 108
remaining portion. 109
SECTION ELEVEN: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. 110
The provisions of this Ordinance shall become and be made a part of the Code of Laws and 111
Ordinance of Collier County, Florida. The sections of the Ordinances may be renumbered or 112
relettered to accomplish such, and the word “ordinance” may be changed to “section,” “article,” 113
or any other appropriate word. 114
SECTION TWELVE: EFFECTIVE DATE 115
This Ordinance shall become effective upon filing with the Florida Department of State. 116
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier 117
County, Florida, this _______ day of _______________________, 2021. 118
ATTEST: BOARD OF COUNTY COMMISSIONERS 119
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA 120
121
122
By: _________________________ By: _______________________________ 123
, Deputy Clerk , Chairman 124
125
Approved as to form and legality: 126
127
______________________________ 128
Jeffrey A. Klatzkow, County Attorney 129
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DIVISION 6. - COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE[17]
Footnotes:
--- (17) ---
Editor's note— Prior to the inclusion of Ord. No. 2017-53 codified as herein set out, Ord. No. 2013-62, §
5, adopted Nov. 12, 2013, repealed Div. 6, §§ 2-906—2-914 entitled "County Government Productivity
Committee", which derived from: Ord. No. 91-10, §§ 1—9; Ord. No. 93-13, §§ 1, 2; Ord. No. 96-10, §§
1—3, adopted Mar. 12, 1996; Ord. No. 01-37, §§ 1—9, adopted June 26, 2001; and Ord. No. 06-38, §§
1—5.
Sec. 2-906. - Re-establishment of the County Government Productivity Committee.
The County Government Productivity Committee (the "Committee") is hereby reestablished to review
the efficiency of Collier County divisions and departments as specifically directed by the Board of County
Commissioners. The goal of the Committee shall be to ensure that Collier County's taxes are being
conserved and used as efficiently as possible.
(Ord. No. 2017-53, § 1)
Sec. 2-907. - Appointment and Composition.
A. The Committee shall be composed of seven (7) members who are appointed by resolution of the
Board of County Commissioners. Of these seven members, there shall be one member from each of
the five County Commission Districts, and two at-large members. Committee candidates for the five
County Commission District seats must be nominated by the Commissioner of the District in which
the candidate resides for both initial and subsequent terms and receive a simple majority vote of the
Board of County Commissioners. The two at-large members can be nominated by any
Commissioner, but must receive a four-fifths vote of the BCC for appointment or reappointment.
They shall possess special expertise and experience related to managing large organizations. In
general terms, the membership shall reflect and represent the community's diverse viewpoints and
backgrounds, notwithstanding its principal problem-solving purpose. Upon authorization by the Board
of County Commissioners, the Committee may seek private sector expertise in those categories that
promote a division's or department's efficiency, productivity, or organization. The Vice Chairman of
the Board of County Commissioners or his/her board designee shall serve as a liaison to the
Committee and is encouraged to attend all Committee meetings.
B. Members of the Committee shall be appointed by and serve at the pleasure of the Board of County
Commissioners. Said members shall be permanent residents and electors of Collier County.
C. Appointment of members to the Committee shall be by resolution of the Board of County
Commissioners. Which resolution shall set forth the date of appointment and term of office.
(Ord. No. 2017-53, § 2)
Sec. 2-908. - Terms of Office.
The initial terms of office of the Committee members and each appointment or re-appointment
thereafter shall be for two (2) years.
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A member of the Committee may be re-appointed by the Board of County Commissioners for one (1)
successive term; however, other qualified applicants may be considered for any vacancy. Appointments
to fill any vacancies on the Committee shall be for the remainder of the unexpired term of office.
(Ord. No. 2017-53, § 3; Ord. No. 2018-10, § 1)
Sec. 2-909. - Removal from Office; Failure to Attend Meetings.
Removal of members from the County Government Productivity Committee shall be in accordance
with the provisions of Collier County Ordinance No. 2001-55, as it may be amended or by its successor
ordinance.
(Ord. No. 2017-53, § 4)
Sec. 2-910. - Officer; Quorum; Rules of Procedure.
A. Annually the members of the Committee shall elect a chairperson and vice chairperson from among
the members. The chairperson's and vice chairperson's terms shall be for one (1) year with eligibility
for re-election by the members of the Committee.
B. The presence of fifty-one percent (51%) of the current voting membership, but never less than three
total, shall constitute a quorum of the Committee necessary to take action and transact business. In
addition, an affirmative vote of a simple majority shall be necessary in order to take official action.
Furthermore, by simple majority vote, but never with less than 5 members present, the Committee
shall adopt rules of procedure for its meetings, and thereafter shall be governed by its Procedures,
as adopted and amended from time to time, subject to the approval of the Board of County
Commissioners.
C. The Committee shall keep a written record of meetings, resolutions, findings and determinations.
Copies of all Committee minutes, resolutions, reports and exhibits shall be submitted to the Board of
County Commissioners.
(Ord. No. 2017-53, § 5)
Sec. 2-911. - Reimbursement of Expenses.
Members of the Committee shall serve without compensation, but shall be entitled to receive
reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of
the Board of County Commissioners.
(Ord. No. 2017-53, § 6)
Sec. 2-912. - Functions, Powers and Duties of the Committee.
The function, powers and duties of the Committee shall be as follows:
A. Upon specific direction by the Board of County Commissioners, the Committee shall evaluate
departments and divisions of Collier County Government under the jurisdiction of the Board of
County Commissioners to determine if those departments and divisions are operating at
appropriate levels of efficiency and effectiveness to meet the expectations of the people of
Collier County. Once directed by the Board of County Commissioners, the Committee shall
analyze and review the existing structure, organization, staffing, management, operations,
business practices, and procedures of the departments and divisions identified by the Board of
County Commissioners.
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B. Each member of the Committee may be assigned to serve on one or more subcommittees.
C. The Committee, upon completion of its review of a County division or department, shall prepare
a report of findings and recommendations to be submitted directly to the Board of County
Commissioners, with a copy of such report and recommendations to be submitted to the County
Manager's Office to provide an opportunity for staff review.
D. The Committee meetings shall be open to the public and conducted in the Sunshine.
(Ord. No. 2017-53, § 7)
Sec. 2-913. - Duties of the County Manager's Office.
The County Manager's Office will provide such documentation, information, descriptions of
procedures, secretarial support and general assistance to the Committee as may be necessary for the
Committee to carry out its functions as set forth herein.
(Ord. No. 2017-53, § 8)
Sec. 2-914. - Review Process.
The Board of County Commissioners shall review the effectiveness and procedures of the
Committee every four (4) years commencing in January 2022.
(Ord. No. 2017-53, § 9)
Secs. 2-915—2-925. - Reserved.
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Packet Pg. 3501 Attachment: Ordinance 91-10 (14236 : Direction to advertise an ordinance reestablishing the County Government Productivity Committee.)
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Packet Pg. 3505 Attachment: Ordinance 91-10 (14236 : Direction to advertise an ordinance reestablishing the County Government Productivity Committee.)