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Ordinance 2021-02 ORDINANCE NO. 2021 - 0 2 AN ORDINANCE REPEALING AND REPLACING ORDINANCE NO. 2017-53, AS AMENDED, THE COLLIER COUNTY PRODUCTIVITY COMMITTEE ORDINANCE, BY RECONSTITUTING THE COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE; PROVIDING FOR APPOINTMENT AND COMPOSITION; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR REMOVAL FROM OFFICE; PROVIDING FOR OFFICERS, QUORUM, AND RULES OF PROCEDURE; PROVIDING FOR REIMBURSEMENT OF EXPENSES;PROVIDING FOR THE FUNCTIONS, POWERS AND DUTIES OF THE COMMITTEE; PROVIDING FOR THE DUTIES OF THE COUNTY MANAGER'S OFFICE AND THE CLERK OF COURTS; PROVIDING FOR REPEAL OF ORDINANCE NOS. 2017-53 AND 2018-10; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,on January 29, 1991, the Board of County Commissioners (Board) adopted Ordinance No. 91-10,establishing the County Government Productivity Committee(Committee) to review the efficiency of departments of County government under the jurisdiction of the Board; and WHEREAS,over the years,both that Ordinance and the Committee's functions have been amended numerous times, and the Committee has been eliminated and reestablished; and WHEREAS, the Board desires to reconstitute the Productivity Committee to meet its original goals and objectives,thus assuring the County's taxpayers that all options to conserve tax dollars are being explored and that tax dollars are being used responsibly. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that: SECTION ONE: Reestablishment of the County Government Productivity Committee. The County Government Productivity Committee (the "Committee") is hereby reestablished to review the efficiency of departments of county government under the jurisdiction of the Board of County Commissioners as well as from time-to-time to take on various assignments as directed by the Board of County Commissioners. [95.0361/1594570/1] 1 SECTION TWO: Appointment and Composition. The Committee shall be composed of nine members. Of these nine members, there shall be one member from each of the five County Commission Districts, and four 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 four at-large members can be nominated by any Commissioner,but must receive a four-fifths vote of the Board of County Commissioners for appointment or reappointment. In keeping with Ordinance 01-55,as amended, the County Advisory Board Ordinance, 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. SECTION THREE: Terms of Office. The initial terms of office of the Committee members shall be as follows: A. The five District members shall serve an initial term of two (2)years. B. The four at-large members shall serve an initial term of one (1)year. Thereafter, each appointment or re-appointment shall be for a term of two (2) years. Appointments to fill any vacancies on the Committee shall be for the remainder of the unexpired term of office. SECTION FOUR: Removal from Office Removal of members from the County Government Productivity Committee shall be in accordance with the provisions of Collier County Ordinance No. 2001-55, as amended; however, any member of the Committee may be removed from the Committee, with or without cause, by a majority vote of the Board of County Commissioners. SECTION FIVE: Officers; Quorum; Rules of Procedure. A. Annually the members of the Committee shall elect a chairman and vice chairman from among the members. Officers' terms shall be for one (1)year with eligibility for re-election. B. The presence of five or more members shall constitute a quorum of the Committee necessary to take action and transact business. In addition, an affirmative vote of five or more [95.0361/1594570/1] 2 members shall be necessary in order to take official action, regardless of whether five or more members of the Committee are present at the meeting. C. The Committee shall, by majority vote of the entire membership, adopt rules of procedure or guidelines for the transaction of business and shall keep a written record of meetings, resolutions, findings and determinations. Any such rules of procedure or guidelines are subject to approval by the Board of County Commissioners. SECTION SIX: 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. SECTION SEVEN: Functions,Powers and Duties of the Committee. The function, powers and duties of the Committee shall be as follows: A. 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. B. The Committee may establish subcommittees who are each assigned a specific department or division to review. C. The Committee shall prepare a report of findings and recommendations to be submitted directly to the Board of County Commissioners at the last Commission meeting prior to June 1 of each year; provided, however, that such report and recommendations shall be submitted to the County Manager's Office by May 1 of each year to provide an opportunity for Staff review. D. Committee meetings shall be open to the public. [95.0361/1594570/1] 3 SECTION EIGHT: Duties of the County Manager's Office and the Clerk of Courts. The County Manager's Office will provide such documentation, information, descriptions of procedures,administrative support and general assistance to the Committee as may be necessary for the Committee to carry out its functions as set forth herein. The Clerk of Courts may provide the Committee with technical assistance relating to the Committee's reviews. SECTION NINE: Repeal of County Ordinance Nos. 2017-53 and 2018-10 This Ordinance is intended to repeal and replace County Ordinance Nos. 2017-53 and 2018-10,which are hereby repealed in their entirety. SECTION TEN: CONFLICT AND SEVERABII,TTV. 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: INCLUJSION 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 Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION TWELVE: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Florida Department of State. [95.0361/1594570/1J 4 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,Florida,this 12th_day of January, 2021. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIE 0 TY,FLORIDA By: adkAAA tit.A0C.,• By: rtrt Clerk Penny T lor, Chair Appro$ u tY: Jeffrey A. at ow, County Attorney This ordinance filed with eit§fCiry n ;.:i:' ' t 's JfficQl q..11ls I clay , ,. rne t and ackncv+`�� .��-e � t fiii eivcd ti.isWa By DeputV lark f95.0361/1594570/11 5 i •r t. FLORIDA DEPARTMENT Of STATE RON DESANTIS LAUREL M.LEE Governor Secretary of State January 21, 2021 Ms. Ann Jennejohn, BMR Senior Deputy Clerk II Office of the Clerk of the Circuit Court & Comptroller of Collier County 3329 Tamiami Trail E, Suite #401 Naples, Florida 34112 Dear Ms. Jennejohn: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 21-01, which was filed in this office on January 21, 2021. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270