Loading...
Ordinance 95-49 ORDINIM~'CE NO. 95- A9 ~ ~ ORDINANCE ~,MENDING COLLIER COUNTY ORDINM~E 93-72, ~LDOPTIN~ ~E COUNTY ADMINISTRATION 1974, P~/~T III OF C~PTEI~ 125, FLORIDA ST~UTESi~ THE COLLIER COUNTY ADMINISTPj~TOR ORDINANCE=ua ~ING SE~ION ~EEz COU~Y ADHINIS~TOR~~ P~S ~ D~IES, BY PROVIDING VIOLATION D~INITION ~ S~IONS FOR ~E BO~D ~ ITS ~S~ PR~DING FOR CO~LI~ ~ S~ILITY~ PROVIDING FOR INCLUSION IN ~E CODE OF LAWS ORDI~CES~ ~ PR~DING ~ EFFECTIVE DATE. ~EAS, the Board of Count~ Commissioners of Collier County has detemined that it Is in the interests of good govor~men~ and the citize,s of Collier CountV that Collier Coun=~ Ordi~ance No. 93-72, the Collier County Aaministrator Ordina~ce, be amended =0 more specifically protect against Board or Commiss~oner involvement in personnel matters administrative se~ices except as provided ~ la~ and Ordinance No. 93-~2. N~ ~ORE~ BE IT ORDAIND BY ~E BO~D OF CO~Y CO~ISSIO~S OF COLLI~ CO~, FLORIDA~ thatz SE~ION O~ ~EM~ TO SE~ION SEE OF COLLI~ CO~Y ORDI~CE NO. 93-72 Section ~ree of Collier County Ordinance No. 93-72 herebV amended to read as follows: SE~ION ~REE: C0W~ ADMINIS~TOR; POWERS AND DUTIES. 1. The County Administrator shall be responsible for the administration of all departments that are responsible to the Board and for the proper administration of all affairs under the Jurisd~ction of the Board. To that end, the County Administra~or shall b~ way of enumeration and not by way of limitation, have the following specific powers and duties A. Administer and carry out the directires and policies of the Board and enforce all orders, resolutions, ordinances, and re~lattons of the Board to assure that the~ are faithfully executed. '1- Words underlined are added; words etch are deleted. B. Repo~ to the Board on action taken pursuant to any directlye or policy within the time set by the Board and provide an annual report to the Board on the state of Collier County, the work of the previous year, and any recommendations as to actions or programs deemed necessary for the improvemenU of the County and the welfare of its residents. C. Provide the Board, or individual members thereof, upon request, with data or information concerning county government and to provide advice and recommendations on county government operations to the Board. D. Prepare and submit to the Board for its consideration and adoption an annual operating budget, a capital budget and a capital program. E. Establish the schedules and procedures to be followed b~ all county departments, offices, and agencies in connection with the budge= and supervise and administer all phases of the budgetary process. F. Prepare and submit to the Board after the end of each fiscal year a complete report on the finances and administrative activities of Collier County for the preceding year and submit recommendations. G. Supervise the care and custody of all county property. H. Recommend to the Board a current position classification and pay plan for all positions in county earvice. I. Develop# install, ~nd maintain centralized budgeting, personnel, and purchasing procedures. J. Organize the work of county departments, subject to an administrative coda developed by the County Administrator and adopted by the Board, and review the departments, administration, and operation of the county and make -2- Words underlined are added; words~ are deleted. recommendations pertaining thereto for reorganization by the Board. K. Select, employ and supervise all personnel and fill all vacancies, positions or employment under the Jurisdiction of the Board except County Attorney. Mowever, the employment of an Assistant County Administrator, the Executive Director of the Collier County Airport Authority and all division administrators shall require confirmation by the Board. L. Suspend, discharge, or remove any employee under the Jurisdiction of the Board pursuant to procedures adopted by the Board. M. Negotiate leases, contracts, and other agreements, including consultant services, for Collier County, subject to approval of the Board, and make recommendations concerning the nature and location of county improvements. N. Sea that all terms and conditions in all leases, contracts, and agreements are performed and notify the Board of any noted violation thereof. O. Order, upon advising the Board, any department under his Jurisdiction as specified in the administrative code to undertake any task for any other agency on a temporary basis if he/she deems it necessary for the proper and efficient administration of Collier County government to do so. P. Attend all meetings of the Board with authority to participate in the discussion of any matter. Q. Perform such other duties a. may be required of the County Administrator by the Board. 2. It is the Intent of Part Ill of Chapter 125, Florida Statutes, and this Ordinance to grant to the County Administrator only those powers an~ duties which are administrative or ministerial in nature and not to delegate any '3- Words underlined are added; words ~ are deleted. __, --- see governmental power imbued in the Board of County Commissioners as the governing body of Collier CountV pursuant to Section l(e) of Article VIII of the Florida Constitution. To this end, the above specifically enumerated powers are to be construed as administrative In nature, and in any exercise of governmental power the County Administrator shall only be performing the duty of advising the Board of County Commissioners in its role as the policy-setting governing body of Collier County and carrying out its directives and policies. 3. No County Commissioner shall direct or request the appointment of any person to, or his removal from, office by the County Administrator or by any of his subordinates, or in any manner take part in the appointment or removal of officers or employees in the administrative services of the County except as provided by this Ordinance. The Board of County Commissioners and its members shall deal with the administrative services solely through the County Administrator, and neither the Board nor any member thereof shall interfere in the performance of the duties of any subordinate of the County Administrator, either publicly or privately, except for the purposes of inquiry and information. A violation of the provisions of this section shall constitute malfeasance within the meaning of Article IV. Section 7(a} of the Florida Constitution. A violation of this section shall ~lso be a violation of this Ordinance and shall be punishable ~y fine not to exceed ~500.00 or by imprisonment in the county ~ail not to eMceed sixty (60~ dave.. or by both such fine and imD[lsonment. or as otherwise may be provided by law. 4. Notwithstanding any of t~e foregoing, the powers and duties of the County Administrator herein defined shall not be construed to limit the right of the Board to retain and employ its own staff with such powers and duties as the Board may -4- Words underlined are added; words e~ are deleted. designate. This shall specifically include the right to retain legal counsel who shall report directly to the Board and who shall have sole responsibility for the management of the legal staff. SECTION TWO: CON1n. ICT RIID BEVER}a]ILITY. 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 potrio. shall be deemed a separate, distinc~ and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE; INCLUSION =N TEE COD= 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 Ordinances may be tenumbered or relettered to accomplish such, and the word "ordinance" may be changed to "sections, warticle", or any other appropriate word. SECTION FOURt EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this/~-~ day of · ~, 1995. ATTEST:/. BOARD OF COUNTY COMMISSIONERS . Approved as to form and legal sufficiency: ~ o~finonce flied w!~ ~w t4~.~~/~~ k~ of 5 te's Office me -5- Words Underlined are added; words e~ are deleted.