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Agenda 05/10/2022 Item #10D (Appoint Acting County Manager)10.D 05/10/2022 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners appoint an Acting County Manager, effective at 5 p.m., on Friday, May 13, 2022, to serve until the current County Manager selection process concludes and a new County Manager is seated. OBJECTIVE: To appoint an Acting County Manager to serve until the selection of a new County Manager. CONSIDERATIONS: On January 7, 2022, County Manager, Mark Isackson, announced he will be retiring from County service on July 1, 2022. On May 4, 2022, Isackson notified the Board of his desire to step away from his full time duties as County Manager effective May 13, 2022 and remain on the payroll using contractual leave until his official July 1 retirement date. The County Attorney has advised that Florida Statutes require that we have a County Administrator. In lieu of appointing a County Manager, the Board can appoint an Acting County Manager. Under both Florida Statutes and the County Manager Ordinance, the County Manager is delegated the day-to-day responsibility of running the County. A core reason for appointing an Acting County Manager during the County Manager's absence is to eliminate any questions as to the legality of any actions taken by the County Manager's Office in his or her absence. Another core reason is to ensure that the chain of command is clear to agency personnel, other public officials, and the public. FISCAL IMPACT: The Board may choose to offer additional compensation to the Acting County Manager recognizing the new duties and added responsibilities. Sufficient budget exists to fund these expenses. GROWTH MANAGEMENT IMPACT: This action will result in no growth management impact. LEGAL CONSIDERATIONS: Florida Statutes Sec. 125.73 provides as follows: 125.73 County administrator; appointment, qualifications, compensation. - (1) Each county to which this part applies shall appoint a county administrator, who shall be the administrative head of the county and shall be responsible for the administration of all departments of the county government which the board of county commissioners has authority to control pursuant to this act, the general laws of Florida, or other applicable legislation. (2) The county administrator shall be qualified by administrative and executive experience and ability to serve as the chief administrator of the county. He or she shall be appointed by an affirmative vote of not less than three members of the board of county commissioners and may be removed at any time by an affirmative vote, upon notice, of not less than three members of the board, after a hearing if such be requested by the county administrator. The administrator need not be a resident of the county at the time of appointment, but during his or her tenure in office shall reside within the county. (3) The compensation of the administrator shall be fixed by the board of county commissioners unless otherwise provided by law. (4) The office of county administrator shall be deemed vacant if the incumbent moves his or her residence from the county or is, by death, illness, or other casualty, unable to continue in office. A vacancy in the office shall be filled in the same manner as the original appointment. The board of county commissioners may appoint an acting administrator in the case of vacancy or temporary absence or disability until a successor has been appointed and qualified or the administrator returns. Packet Pg. 59 05/10/2022 10.D The County Manager Ordinance largely tracks this statutory language. With that noted, this item is approved as to form and legality and requires majority vote for Board approval. -JAK RECOMMENDATION: That the Board appoint an Acting County Manager, effective at 5 p.m., on Friday, May 13, 2022, to serve until the selection and seating of a new County Manager. Prepared by William L. McDaniel, Jr., Chairman, District 5 Packet Pg. 60 10.D 05/10/2022 COLLIER COUNTY Board of County Commissioners Item Number: 10.D Doc ID: 22129 Item Summary: Recommendation that the Board of County Commissioners appoint an Acting County Manager, effective at 5 p.m., on Friday, May 13, 2022, to serve until the current County Manager selection process concludes and a new County Manager is seated. (Sponsored by Commissioner McDaniel) Meeting Date: 05/10/2022 Prepared by: Title: Sr. Operations Analyst — County Manager's Office Name: Geoffrey Willig 05/04/2022 3:06 PM Submitted by: Title: County Manager — County Manager's Office Name: Mark Isackson 05/04/2022 3:06 PM Approved By: Review: County Manager's Office Mark Isackson Level 4 County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Completed 05/04/2022 3:33 PM 05/10/2022 9:00 AM Packet Pg. 61