Ordinance 96-40 ORDINANCE NO. 96 -40
A ORDINANCE AUTHORIZING
PERSONNEL POLCIES AND PROVIDING FOR
ADMINISTRATION THEREOF; PROVIDING FOR TITLL/G,_
PROVIDING FOR FINDINGS; PROVIDING FO!~
AUTHORITY, PURPOSE AND PERSONNEL POLICIE$~
GOALS; PROVIDING FOR SCOPE AND APPLICATIONS.
PROVIDING FOR COLLIER COUNTY ORDINANCE NO. 83-g;
TO BE SUPERSEDED AND REPEALED; PROVIDING FOIP
INCLUSION IN THE CODE OF LAWS AND ORDINANCES;
PROVIDING FOR CONFLICT AND SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, tl~e Board of County Commissioners (heroinafter also referred to as the
"Board") desire to provide high quality service for the citizens of Collier County, Ro~da; and
WHEREAS, the Board of County Commissioners hereby seeks to establish a framework
for the creation of personnel policies which are legal and equitable and which will attract and
retain capable employees as well as maintain the highest principles orprofessionalism.
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA THAT:
SECTION I, TITLE
This Ordinance shall be known as the "Collier County Personnel Ordinance."
SECTION 2. FINDINGS.
A. The Board of County Commissioners of Collier County hereby finds that the
competent, professional and efficient administration or county government and,
specifically, matters of human resources, requires the passage of this Ordinance. The
Board further finds that it is in the public interest to separate the functions or the
establishment of human resources policies and the administration or said policies between
the Board and the County Administrator, respectively. This approach is hereby found to
promote the Board's legitimate policymaking function while at the same time avoiding
excessive bureaucratic review by allowing the County's professional administrator and his
staff to manage hi;man resources through appropriate rules, practices and procedures.
B. Pursuant to Collier County Ordinance No. 93-72, as amended, the Board hereby
finds that the administration of personnel policies with regard to the Office of the County
Attorney shall be within the exclusive province of the County Attorney.
C. Notwithstanding anything to the contrary in Collier County Ordinance No. 93-72,
as mended, the Board hereby finds that the administration or personnel policies by the
County Administrator shall hereby include, but not be limited to, the power of the County
Administrator to: create and approve position classifications and pay plans for all positions
in County service; to create and approve the procedures to suspend, discharge or remove
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any employee under the jurisdiction of the Board and to otherwise administer Ihe
personnel policies established by the Board.
SECTION 3, AUTHORITY, PURPOSE AND PERSONNEL POLICIES GOALS
A. Authority.
This Ordinanc~ is enacted pursuant to the power to carry on county government
granted to the Board of County Commissioners by Chapter 125, Florida Statutes.
It is the purpose of this Ordinance to establish that it is exclusively the Board of
County Commissioners that has the authority to establish personnel policies. It shall b¢
the exclusive authority of the County Administrator and/or his staff (with the exception of
personnel administration relating to the Office of the County Attorney) to implement the
Board's policies and to create any necessary rules, practices and procedures for the
administration of the Board's policies. The County Administrator is hereby further
authorized to assemble the personnel policies and procedures in a compilation to b¢
known as the Collier County Human Resources Practices and Procedures Manual. The
policies in said manual shall be changed only upon majority vote of the full Board of
County Commissioners. Changes to any rules, practices or procedures implementing the
Board's policies may be made by the County Administrator without the necessity of
Board approval.
C. Policies Goals.
Collier County personnel policies shall adhere to the following goals:
I. No discrimination shall be permitted because of political affiliation, race,
religion, national origin, physical disabi[ity, age or sex, except where age, sex or
physical disability are a bona fide occupational qualification.
2. Working conditions, benefits and salaries shall be equitable and will attract
and retain capable employees.
3. Recruitment, selection, and advancement of employees shall be based on
relative ability, knowledge, skill and past performance.
4. Employees shall be trained to assure high quality performance and
encouraged to attain the highest level of professionalism.
5. Employees :hall be protected against coercion for partisan political
activities and are prohibited from using their official authority for the purpose of
interfering with or affecting the result of an election or a nomination for office.
6. A procedure shall b~ established for the presentation and adjustment of
employee complaints based on alleged inequitable treatment resulting from
conditions of their employment or based on alleged discrimination, provided that
the alleged discrimination otherwise violates applicable Federal or State law;, and
provided further that nothing herein is intended to create an expectation of
continued employment or a property fight in employtrot.
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SECTION 4, SCOPE AND APPLICATION
This Ordinance shall apply to all employees of the Board of County commissioners of
Collier County, Florida, This Ordinance shall not apply to the following categories of persons:
A. The members of the Board of County Commissioners, other elected officials, and
persons appointed to fill positions under the jurisdiction of such other elected officials,
unless or until said elected officials voluntarily agree to operate under the provisions of
this Ordinance;
B. Members of appointed or elected Boards and any members of any County created
authority;
C. Persons employed to conduct a temporary or special inquiry, investigation,
examination, service, or project on behalf of Ihe Board of County Commissioners, or a
committee thereof;
D. Volunteer personnel who receive no regular compensation from Collier County,
Florida;
E. Persons performing work under contract for Collier County, who are not carried
on the payroll as employees.
SECTION 5. PERSONNEL POLICY CREATION AND ADMINISTRATION
A. The Board of County Commissioners shall have the exclusive authority to approve
personnel policies by majority vote of the full Board. The majority vote of the full Board
shall also be required to amend or otherwise change personnel policies. The existing and
current personnel policies contained in Exhibit "A" attached hereto and found in the
Collier County Human Resources Practices and Procedures Manual, are hereby ratified
and approved.
B. The County Administrator and/or his staff (with the exception of personnel
administration relating to the Office of the County Attorney) shall have the exclusive
authority for implementing Board personnel policies by creating and setting personnel
rules, practices and procedures for administration of the Board's policies. Said rules,
practices and procedures shall be compiled, along with the Board's policies, in the Collier
County Human Resources Practices and Procedures Manual. All rules, practices,
procedures and administration shall conform to the personnel policies established by the
Board of County Commissioners.
SECTION 6, SUPERSEDING AND REPEAL OF ORDINANCE NO. 83-7
Collier County Ordinance No. 83-7, which provided for Collier County Personnel Rules
and Administration, is hereby superseded in its entirety and repealed as ofthe effective date ofthis
Ordinance.
SECTION 7r INCLUSION 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 Ordinances of Collier County, Florida. The sections of the Ordinance may be tenumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or
any other appropriate word.
SECTION 8; CONFLICT AND SEVERABILITY
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 Ordiaance 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.
$ECTION 9~ EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTEL, by the Board of County Commissioners of Collier
County, Florida, this .=,.,2..f day of~,//" . 1996.
.',~T~ST!' ,' BOARD OF COUN'rY CO~nSS~ONERS
;:.," ;'* DVv'IGH'I~'E. BROCK. CLERK OF COLLIER COUNTY, FLORIDA
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Chief Assistant County Att0mey filing. received rMs ~/~ day
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth
Judicial Circuit, Collier County, Florida, do hereby certify that the
foregoing is a true copy of:
ORDINANCE NO. 96-40
Which was adopted by the Board of County Commissioners on the 23rd day
of July, 1996, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 24th day of July, 1996.
DWIGHT E. BROCK
Deputy Clerk