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Resolution 1999-233
lOB RESOLUTION NO. 99-233 RESOLUTION OF INTENT TO TERMINATE T! IE EMPLOYMENT OF TIlE COUNTY ADMINISTRATOR WIIERF. AS, the County Administrator, Robcrl F Fernandez, (Administrator) is employed pursuant to the terms of the County Manager Employment Agreement dalcd May 1997; and WIIEREAS, numerous issues have cotne to light during tile tenure ~,f lhis County Administrator that have eroded the Board of County Commissioners' and the public's confidence in the Administrator's ability to effectively manage the personnel and operations of Collier County government; and WIIEREAS, pursuant to the lerms and conditions of Collier Counlv Ordinance No o3- 72, as amended, the Collier County Administrator Ordinance. and Section 1£5 73(21. Florida Statutes. termination procedures have been established to protect lhe Administrator by rC(lUiring an initial public hearing wherein a Resolution of Intent to Terminate thc F~mployment of thc Counly Administrator must be adopted by an affirmative vote of three members of the Board County Commissioners {'Board) only after said Resolution has been placed o~ Ibc agenda ~t' regularly scheduled Board meeting and v, here said agenda hem has beers included as a part tff thc published agenda ofthe Board meeling, and WIIEREAS, lhe public interest is protected in thal a final action terminating tile employment of the Administrator shall occur not less than fourteen (14) days attet adoption of a Resolution of Intent to Terminate Employment of the County Administrator a~ a rt:gularly scheduled meeting of the Board of Counly Commissioners NOW, THEREFORE, BE IT RESOIoVED BY 'rl IE COMMISSIONERS OF COLLIER COUNTY, FI.ORIDA, that: BOARD OF COUNTY This Resolution of Intent Io Terminate the Employment of tile County Administrator is adopted pursuant to the terms and conditions of the County Manager Employment Agreement dated May 20. 1907, after due public uoticc, placement on the Board of County Commissioners meeting agenda for May 25. 1999, (a regularly scheduled Board meeting), and said Resolution having been included as part of the published agenda of the Board meeting. The Board of County Commissioners hereby directs that a Resolt,titm Terminating the Employment of the County Administrator be placed on a regular County Commission agenda not less than fourteen (I,4) days hereafter as appropriately determined by the County Attorney. The Resolution Terminating the Employment of the County Administrator shall bc included as part ot' ll~e published agenda of thc Board of County Commissioners. 3) It is the intent of the Board to comply with all thc terms and comlitions of ti~c County Manager Employment Agreement dated May 20. 1997, and Ibc Board directs thc County Attorney to ensure that all procedures arc properly followed This Resolution adopted this 1 !'h day of May, 1999 after motion, second and not less than three affirmative votes of thc Board of County Commissioners, Approved as to form and legal sufficiency: County Attorney BOARD OF COUNTY COMMISSIONF. FLq COLLIER COUNTY, FLORIDA - 2 - .MEMORA ND UM DA TE: TO: FROM: RE: May 10, 1999 Commissioner ,lames D. Carter, Ph D. Bob Fernande.;, Count.' Administrator Evaluation As you requested, I have completed the attached self-evaluation. This is provided in effort to provide a basis for my performance en'aluation with you. I lookfiJrward to the opportunitl, to discuss my perfi~rmance b~ a straightfor~vard and constructive mariner. RFF/bp Attach men t cc: Board of Coun~., Commissioners Res ends to the ublic in a rom t thorou h and a re riate anner. I have looked for ways to make all County officials more acc~s~ ~o ~-e public. ~ For example, I implemented the establishment and publicalion of e- mail addresses.for commissioners, county administrator and staff, division administrators and department heads. I also appear with great regularity at civic and service organizations as.gu, est and speaker (see attachment I). If for this type of reason I must be out of the office, there is always a senior staff person available in my office to assist any caller. Res ends to the Board of Coun Commissioners in a p. rompt, thorou .and appropriate manner, (individua'.-, ...... ' .... ~_g_h · ~ ~y/,~:~ a .qroL(p~. /ne tracking logs th,at have been maintained in the Administrator's office for the past six months show a typical response for specific Commissioner requests of h, vo to foudeen days. This includes the time required to route each item to th? appropriate staff. We make an effort to recognize those items with the greatest urgency and to treat them accordingly. Further, I believe that our responsiveness to collective requests of the Board, either for specific items to be scheduled on the agenda or for follow-up actions to be taken has been exceptional. '-'. Res ends to the ress/media in a rom t thorou h and a ropriate m~anner. As is consistent with the Board's wish that information regardinq County operalions come from me and not from the press, it is sometimes m~/ practice to not speak to members of the press before the subject at issue has been discussed with the Commission. I understand that this can frustrate the journalist at times, but my first responsibility is to the Commissicn 4. Pre ares corn rehensive relevant and eom late a enda to /cs and r_eports for the Board of County Commissioner~_, I believe that the agenda package as presented to the Commissioners today receives a greater level of scrutiny at the staff level than it has any time in Collier's recent history. In fact we now offer an internal training class to teach staff specifically how to write a good Executive Summary. We did make an atlempt, as a means to save money and reduce the bulk of the agenda package, to remove certain routine contract-type documents from the actual agenda package and rather have them available for inspection by the Board members in your office. This effort, while well intentioned, could have been better communicated and was poorly received. As soon as I became aware of the fact that this approach did not meet the needs of the Commissioners, it was immediately discontinued. It is important to note that at no tim~e was any information denied to the Commissioners, we had j'ust'changed its location. ~-. Makes forthri ht and a re riate resentations and recommendations t..o the Board of County Commissioners. As the Administrator I take responsibility for all of the staff presentations- made to the Commissioners at the Tuesday Board meetings. We have made improvement in those presentations a point of emphasis, I believe with positive results. While i~ is not my personal style to make myself the focal point of most staff presentations, at commission meetings, I have been very directly and FersonaIly involved in improving the overall staff presence there. Communicates reliable information to the Board of Count_L/ Commissioners durinq Commission meetinqs~. I refer to my answer to question five. I have placed a great emphasis on ensuring that ali staff information to be presented to the Board is accurate and complete. occasion, when the nature of the issue being presented is particularly sensitive, I have required that the presentation be discussed with me in detail and actually presented to me in order that it may be thoroughly,, critiqued and if necessary revised prior to presentation to the Commission. Demonstrates professional inteqrity, a commitment to goals and o__bjectives of the Board of County Commissioners and a willinqness to seek personal growth and development I believe that this administration has made the highest possible effort to f~low the collective direction of the Board of County Commissioners. I do not bring a personal agenda to the arena and strive only to follow the will of the Board as a whole. That direction, however, is at times unclear and difficult to accurately interpret. In those cases it is our practice to review meticulously the meeting minutes to determine the Board's actual intent. Failing that. it is our practice to ask for further direction. I have always been aclive, throughout my career, in pursuing professional development opportunities. I have been a frequent participant in educational and professional development sessions sponsored by the Florida City and County Management Association, the Florida Association of Counties the International City and County Management Association and many other organizations. Demonstrates leadership and vision in planninq needs of Divisions and im__~plements or alters necessa ro rams and activities to increase efficiency and effectiveness. With the involvement cf the division administrators, I revised the pay-for-performance pro~ram to more appropriately meet the needs of the organization. I proposed a very minor reorganization, which was approved by the Board, as a means to resolve a number of organizational issues. I streamlined and better organized the agenda of the Board through the introduction of the Summary Agenda and changed the .schedule of Board meetings to twice a month, These enhancements ,rave resulted in fewer total hours spent in meetings, allowing the Board to concentrate its time and attention on matters of highest importance. I have introduced procedures that have eliminated previously existing administrative steps required for internal approvals. This has resulted in managers being given the flexibility within general guidelines to control their own areas of responsibility. I have involved the division administrators in organization-wide decisions. Demonstrates the ability to secu.r..e cooperation and obtain p_p_ti___m._u/__n_ results throuqh the efforts, of others_. It is a 'keystone of ray.management philosophy to empower those around me to function at their highest level. believe that the overall level of performance of this organization reflects lhe success of that management approach. Periodic written communications (reports, ne:;,sletter_s.___et___c_.j___a_ce. informative, interestinq and well received. We have provided a quarterly financial report to the Board which we believe has been well received. The County's annual report also has been widely acclaimed. Furthe;, in an unprecedented step, we recently released, via newspaper insert, a report to the community. This report was the generator of overwhelmingiy positive comment. In addition, various staff members are encouraged to communicate directly with the commissioners regarding the success of their programs; the Board receives these reports regularly. Once again, it is no[ my desire to be personally identified with the effort, but rather to ensure that the Commissioners receive the information. Il. Em__~_p__h_hasis is laced on utilizin all o ortunities to communicate with the__~_~_public and maintainin o en lines of communication. The level of commitment to public access and information of this administration is unprecedented. In addition to the previously mentioned Internet access, v,,e have reconfigured and strengthened the Public Information Office, improved the Channel 54 effort, and produced for the first time our own regular newsmagazine program. Further, in the last four months alone I have appeared personally at more than 55 community events, and have been featured speaker at 28 of those. 12. Em Io s hi hi ualified rofessional ersonnel. Selects and assic~s_ professional personnel to appropriate positions. Ranging from over thirty registered Professional Engineers to certified planr~ers to certified water and wastewater plant operators and all areas in between, this county employs a very impressive list of highly qualified professionals. We work hard to deve!op, recruit and retain employees of the highest caliber. I believe hiring and firing decisions should be made on the basis of the needs of the organization, not the needs of the individuals and who the,/know. 12,. Recommends the allocation of sala and benefits in a manner that meets the stated ob'actives of the Board of Coun Commissioners. Never in the history of this agency has the overall control of salary expenditures been kept more directly within the guidelines as established by D the Board of County Commissioners. Past practices of granting adjustments that were administratively allowed but that drove the overail payroll beyond the Board-approved revels have been eliminated. In addition, the revised merit plan. for the current fiscal year elicited fewer employee complaints that: any sala.ry administration system in recent years. 14. Mana es ositive em !o er-em Io ee relations within ~ My willingness to meet individually with groups cf employees and my participative management style have been effective ill fostering positive employee relations. I recommended to the Board that it take a lar9er role in funding activities such as the annual employee picnic, which continues to be a great success. T__h_e annual budqet is presented in a timely, mann~_____er__a, nd reflects a well- p_l__an_ned, realistic and accurate financial plan_. I believe the pre. par~tion and administration of the annual budget remains one of our hiqhest achievements, and reflects an extremely competent approach to E~cal management while facilitating the clear expression of program priorities by the Board. - , 16. Admini_stration of the bud et is res onsive to the needs of the community. Budget monitoring and control procedures have been put into place to ensure that administrative flexibility allows the mos~ efficient use of available funds while ensuring that the policies and priorities of the Board are accurately carried out. ] 7. Demonstrates fiscal accountabili ' and efficient utilization of resources. In addition to previous responses addressing this topic, increased accountability has ensured that the increased flexibility mentioned earlier has resulted in strict conformance to the budgetary limits e,-,,abhshed by the Board. This fact is verified by the enhanced quarterly budqel status reports that have been regularly presented to the Board. l~. Leadershi s le uides individuals and rou s _toward task accom lishment h~ the lannin develo ment and im lementation o__f proqrams. My empowering management style has resulted in the freedom to allow the excellent professionals we employ to bring forward the very best professional ideas and recommendations they have. I believe that the success of my leadership style is validated by the tremendous leve! of achievement of the organization as a whole. lg. Directi_______on for Division Administrators is ima inative ositive and problem-solvin related. I have taken a very participative approach to my dealings with the division administrators. I have encouraged the elimination of traditional organizational barriers that often stifle creativity. I haw~. encouraged division administrators not to be constrained by past conventions and traditions but to continuously re-examine what we do and how we do it to dollar. While there constantly remains the challenge to be vigilant and improve in this area, once again I believe that the overall operations of my agency reflect the success of this approach. 20. Demonstrates and maintains a commitment to th____e__d_ev__e.l_o_pment of re/at/onships with local, state and federal aqencies I bring a very, high levet of statewide involvement to the job. I remain very active in the efforts of the Florida Association of Counties and remain a membe~ of the State Retirement Co~nmission. I have scaled this effort back somewhat as a means to remain accessible to the local community, a goal that was given to me b'/ the Commissioners. I have met and committed to ma ntain stronrj lines of communication with the newly appointed Special Assislant to tt~e Governor. I remain an active member of the Florida City and CoL, nty Management Association and the International City and County Manaceme. nl Association. I have recommended the further involvement in these'areas through membership in the National Association of Counties and the Florida Innovation Group. Crisis .mana ement is evidenced b roven and rudent 'ud ments in manaqmq unplanned events. I believe that our response to the Hurricane Georges event best typifies ou~ ability to respond to true emergencies. I was directly involved at each step of the decision making and I believe that our effort, result, and communication of it with the Board and with the comr'nuniI,.,, ,,',,ere exceptional. 22. Conflict mana ement is demonstrated b the ab#it to moderate wide/~ .diverqent views into consensus_. I believe that this consensus-building ability is one of my strongest points. An excellent example of this is the process by which important administrative decisions are typically made after the consideration of input from all affected parties. Although this approach may result in the prolonging of the process, the product is much more likely to receive favorable organizational support. *-.3. Serves as a role model b the demonstration of essential rofessio, nal .qualities and ethical behavior. I believe that my ethical standards example are of the highest q~ality. As I stated during my video taped interviev., over two years ago, for these principles to be effective in se.~ting the tone for the organization, they must be lived, not merely talked about. Dis~la s the ersonal skills attributes and ualities re~ired for .s..UCCessful leadership. Taken as a whole, I refer once again to the level 0---7 success in managing this highly complex, varied and dynamic organization. 5 1013 The success that this organization has enjoyed is the product of its effective leadership. Other Comments: I feel that I have done a good job in a very challenging environment. External resources have confirmed that the organization is well run. For example, the annual citizen survey conducted by the League of Women Voters consistently reports a high level of public satisfaction in general with county services with increasing satisfaction during my tenure. In addition, the Comprehensive Annual Financial Report recently completed by the County's external auditor confirms that the County is on strong financial ground. All of this despite ',.he challenge of managing a very diverse government organization of approximately 1200 employees and an annual budget of slightly less than $500,000,000. Yes. there are problems to be addressed. It would be unrealistic Io expect othen,,,,ise in an organization as complex as this. I have recognized these issues and have put mechanisms in place to deal with them. Clearly, more work needs to be done in this area, i would have appreciated the opportunity Io address these areas of concern now that they have been publicly expressed by a majority of the Board of County Commissioners. dTTA CHMENT "B " _COUNTY ADMINISTRA TOR 'S ATTENDANCE A T LOCAL FUNCTION,~' J_.4NUAR Y 1998 THROUGH MA y 1999 SCHOOL TOUR - SHADOWI.~I IISN ELEMENT,.tR y ?61PLES CtL4MBER PRESIDENTS CLb~ BROIl%r BAG LU~WH. CENT~L LIB~RY IE.ILKqMERICA E,~CUTI~ L ~5¥CHEON GOLDEN G.-I TE SItE~FF'S RIDE~4LO~%~ L%TTED I~ y RECOGNITION RECEPTION SCHOOL TOUR - SI~DOW~ I~ ELEMENTAR Y ECONOMIC DEVELOPMENT COUNCIL SOCL4L SttERIFF'S "DO THE RIGItT TILING" CEREMONY ItlS TORIC4 L SOCIETY LUNCH (PALM CO TTA GE) BROIl' BAG L~¥CH. R~L PROPERTY 3LqRCtt OF DIMES ATCKOFF CONSER ~5t,~WY BR~KFAST B R 0 ~¥ BAG LUNCH - INFO R3IA TION TECItNO LOG Y FOCUS MEETING SCttOOL TOUR. VINEYA~s ELEMENTARY MEDIC4L E.~MINER DEDICATION CEREMONY DRILL A O~D&IIy CEREMONY .ILl R CO LIBRA R Y GROL;VDBR~4 KING 1/14/98 1/1.5/98 1/22/98 1/29/98 1/30/9,¥ 2/3/98 2/4/98 2/4/98 2/9/98 2/17/98 2/26/'98 3/5/98 3/9/98 3/9/98 3/13/98 3/18/98 3/1/9/98 3/2 7/98 EDC GOVERNANCE COM'MITTEE MEETING BR 0 ~ISV BAG LUNCH - OCPM tVORKDA y_ INFORMATION .TECItNOLOGY LEADERSIIIP FLORIDA MEETING BROII,W BAG LE,SYCH~ NATURAL RESOURCES SUNRISE ACADEMY GRAND OPENING BROIF'N BAG LL,5¥CH- NNIFI~'Tp LOII.'E',5' GR..IND OPENING OPEN HOUSE- I~%¥ ON sm CLEI/ELAND CLINIC TOPPING OFF CEREMONY L~I.'t[OK..tLEE GR..tNT PRESENTATION BR 0 I~.'~/ B.4 G Lf~SVCH. II'ASTEIE4 TER COLLECTIONS EDC GOVER,%tNCE COMMITTEE MEETING BRO IFN BAG LUNCH - SIFIt/Tp JUDGE ELLIS RECEPTION B R O II/TV BAG L UNClt - HU~IlAN RESOURCES TAX CERTIFICATE SALE BRO IlO; BAG LUNCH- SOLID I~:.tSTE EDC GOI/ERNANCE COMMITTEE MEETING GOLDE. V G..I TE CItAMBER OF COMMERCE SCItOOL TOUR- TAKiiZON BROI~V BAG LOSVCIt. CODE ENFORCEMENT EDC RECEPTION. HOUSING FINANCE BD OF DIR. 4/1/9,¥ 4/I5/9,S' 4/17/98 4/23/98 4,-73/98 4/2 7/9,¥ 4/29/98 4/29/98 4/3O/98 5/1/9,¥ 5/7/98 5/7/98 5/1 I/'9 8 5/14/98 5/2g'98 5 /2 ,W9 8 5/2 ,W98 6//4/~ 8 6/4/98 6/1 O/98 6/11/98 lOf] NAPLES DIAM'OND JUBILEE BRO lf'~ BAG L gaS~,~CH. A GRICUL TURE GA TEI~51 Y TRL.t~LE MEETING EDC GO ~TRNANCE COMMITTEE RECEPTION A T MUSEUMS[ G~tND OPENING- TIlE CARLISLE BROI}W BAG LUNCIt- SUPPORT SERVICES ~%IPLES ~IKES COUNTRY CLUB G~ND OPENhVG BOLVER L4ND DESIGN OPEN HOUSE GOLDEN GA TE COMMUNITY P.4~ A Q UA TIC FA C. BROI~r BAG LUNCtI- COMMUNITY DEVELOPMENT WOR~A y. DOMESTIC ANI3~L SER VICES IlAR VEST PA~DE IMMO~LEE S..1 T. GEO. IE4SItlNGTON F~G ~ISING FIDDLER'S CREEK RECEPTION C~,I[ BAY RESTO~TION GROUNDBR~4ATNG LEE CO65YTy. REGIONAL GO VE&VMENT :WGIfT BROI?W BAG LUNCIt. OMB FL ORIDA SCE;%?C ItlGItlVA y DEDICATION ,4 GRICUL TURE TOUR S,,IE ItlSPA,WCA F~.tlRS AD VISOR y BOA RD DIVERSITY MEETL,YG MUSEUM-SIE4MP BUGGY ~CING ESItlBIT/RECEPTiON 12/1/98 12/3/98 12/8/9,¥ 1/21/99 Z/l~99 2/11/99 2/7 9?) 9 2/25/'99 Z05/99 3/I/99 3/4/99 3/5/99 3/6/99 3/9/99 3/10/99 3/1 I/99 3/I 1/99 3/1,°/99 4/7/99 4/10/99 4/22/99 4/23/99 COUNTY PICNIC PAINT }'OUR tlEART OUT CINCO DE MA YO FESTIVAL MUSEUM OF TIlE EVERGLADES Isr A~X5¥IVERSAR Y NATIONAL DAY OF PRAYER -C,4MBIER PARK I VIC BRE.4 KFA S T SA T. S..IE SUN. 4125/99 5/1/99 511/99 512/99 516/9 9 5110/99 1© A TTA CHMENT "c' CO~:5¥TY ADMINISTRATOR SPEAKING ENGAGEM. ENT.5' JANUARY, I998 THROUGtt APRIL, I999 BONITA BEACtI ROAD DEDICATION CEREMONY T.*LYP,4 }'ERS' ACTION GROUP CIIAMBER MEETING A T REGISTRY RESORT lIAR VARD CLUB PELIC.4N BA Y PROP. OII5¥ERS' ASSOC. GOLDEN G,,I TE CIVIC ASSOCIA TION ROTARY CLUB AT COLLIERATHLETIC CLUB CItAMBER OF SOUTItWEST FL ORIDA MPO MEETING lxSX'OIV YOUR COUNTY GOVEI~'MENT LUNCtt NAPLES MENS' CLUB :~5tPLES A REA BOARD OF REAL TORS PINE RIDGE CIVIC ASSOCIA TION GOLDEN GA TE CIL4MBER OF CO.$LIIERCE I:: 4ST NA PL ES CIVIC ASSOCL,! TION FGCU PRESENTATION ASPA CHAPTER LE, 4DERSItlI' COLLIER MASTERS' RETREAT GOLDEN G,.! 'rE CII'7C ASSOCIATION TO,'IST3£.ISTERS' CLUB S,.I T. 1/8/98 1/8/98 1/22,/98 2/2/98 2/9/98 2/9/98 2/12/'98 2/12/98 2/2 7/'98 3/I 0/98 4/1/98 4115/98 4/16/9,¥ 6/4,'98 6/I 1/98 9/12/98 10/? 9/98 11/9/98 12/9/'98 RESERVE OFFICERS' ASSOCL4 TION FIRST PRESBYTERIAN MENS' CLUB }51ICA YOUTIt IN GOVERNMENT CAUCUS (P,.INELIST) ST. K-I TttERINE'S CHURCH COLLIER REGIONAL SCIENCE FAIR (JUDGE) KIIE4NIS CLUB LEADERSHIP COLLIER. LOCAL GOVERaVA,*'CE E.4 S T NA PL ES CI VIC A SSO CL4 TION LE.4GUE OF WOMEN VOTERS- VOLUNTEERS 1/7/99 1/11/99 1/19/99 1/20/99 2/12/'99 $/$/99 3/11/9 ~) 4,:U'9 9 4/15,"9 9