Ordinance 87-043ORDINANCE NO. 87- 43
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE
NO. 84-44 WHICH SETS FORTH THE RESPONSIBILITIES
OF THE BOARD OF COUNTY COMMISSIONERS AND THE
COUNTY MANAGER FOR ADMINISTERING THE LAWFUL
DUTIES OF THE BOARD OF COUNTY COL~ISSIONERS;
~4ENDING SECTION THREE (1) TO PROVIDE THAT THE
COUNTY MANAGER SHALL SERVE AT THE WILL OF THE
BOARD; APLENDING SECTION THREE (2) TO PROVIDE
THAT THE COUNTY MANAGER MAY BE DISCIPLINED OR
DISMISSED, WITH OR WITHOUT CAUSE, BY AN AFFIR-
MATIVE VOTE OF 3/5 OF THE ENTIRE MEMBERSHIP OF
THE BOARD:; ADDING SECTION THREE (2) (B) TO
PROVIDE THAT THE BOARD MAY ADOPT A RESOLUTION
IMPOSING DISCIPLINARY ACTION OR DISMISSAL, WITH
OR WITHOUT CAUSE, NOT LESS THAN FOURTY-FIVE (45)
NOR MORE THAN SIXTY (60) DAYS AFTER ADOPTION OF
A RESOLUTION OF INTENT TO IMPOSE DISMISSAL dR
DISCIPLINARY ACTION; ADDING SECTION THREE (2) ~)
TO PROVIDE FOR OPERATION OF RESOLUTION~;
DELETING (SECTION THREE (2) (B)) ANY REQUIREMENT
THAT A RESOLUTION OF INTENT TO IMPOSE DISMISSAL
OR DISCIPLINARY ACTION SPECIFY ACTS OR OMISSIONS
FOR WHICH DISCIPLINARY ACTION OR DISMISSAL ~
SOUGHT; DELETING (SECTION THREE (2) (C)(D~ A~Q
(E)) THE COUNTY MANAGER'S RIGHT TO REQUEST.~-~
HEARING AND THE REQUIREMENTS APPLICABLE TO SUCH
HEARING OR TO RESOLUTIONS IMPOSED PURSUANT TO
SUCH HEARINGS; DELETING SECTION THREE [3) IN ITS
ENTIRETY TO DELETE ALL REQUIREMENTS THAT A
DISMISSAL WITHOUT CAUSE BE ADOPTED BY AN AFFIR-
MATIVE VOTE OF 4/5 OF THE ENTIRE MEMBERSHIP OF
THE BOARD AND TO DELETE ALL PROCEDURES APPLI-
CABLE THERETO; PROVIDING FOR CONFLICT AND SEVER-
ABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners finds it
appropriate and in the best interest of County government to
provide that the County Manager shall serve at the will of the
Board of County Commissioners; and
WHEREAS, the Board finds it appropriate to require a
majority vote of the Board rather than a 4/5 vote of the entire.
membership of the Board either for the discipline or dismissal,
with or without cause, of the County Manager;
:NOW.,-~HEREFORE., ':BE':~T :~RDA-INED '~' '~THE~BOI~IqD ~)F COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Collier County
Ordinance No. 84-44 shall be amended as follows:
SECTION ONE: Authority, Duties and Responsibilities of the
County Manager
1. The County Manager shall be responsible for the adminis-
tration of all departments responsible to the Board of
County Commissioners (the "Board") and for the proper
administration of all affairs under the jurisdiction of the
Words underlined are added; Words s~eek~h~e~h are deleted.
Board. To that end, the Manager shall by way of enumeration
and not by way of limitation, have the following specific
powers and duties as relate to the areas of County govern-
l~.~nt which are assigned to him by this ordinance or by Board
of County Commissioners action taken pursuant thereto:
A. Administer and carry out the directives and policies of
the Board of County Commissioners (the Board) and
enforce all orders, resolutions, ordinances, and
regulations of the Board to assure that they are
faithfully executed.
B. Report to the Board on action taken pursuant to any
directive or policy within the time set by the Board
and provide an annual report to the Board on the state
of the County, the work of the previous year, and any
recommendations as to actions or programs deemed
necessary for the improvement of the County and ~he
welfare of its residents.
C. Provide the Board, or individual members thereof, upon
request, data or information concerning County
government and to provide advice and recommendations on
County government operations to the Board.
D. Prepar~ and submit to the Board of County Commissioners
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
by all County departments, offices and agencies
..resp~nsib~e..'~t~..~he.'~oard .:of Coun~-.iCo~iss~ners .in
connection with the budget 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 administrative
activities of the County for the preceding year and
submit his recommendations.
G.Supervise the care and custody of all County property.
Words underlined are added; Words st=u=hth=ouqh are deleted.
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H. Provide to the Board a current position classification
and pay plan for all positions in County service.
I. Develop, install, maintain centralized budgeting,
personnel, and purchasing procedures in coordination
with the Clerk of the Circuit Court's Office.
J. Organize the work of County departments, and review the
departments, administration, and operation of the
County and make 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. However, the employment of
all division administrators shall require confirmation
by the Board of County Commissioners.
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 the County, subject
to approval of the Board, and make recommendations
concerning the nature and location of County
improvements.
N. See 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 .~.o'2anud~_--~.a~:e..~any ~ask.~o~ ~any :other
agency on a temporary basis if he deems it necessary
for the proper and efficient administration of the
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 as may be required of him by
the Board of County Commissioners.
Words underliDed are added; Words s~Mekthr~gh are deleted.
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2. Notwithstanding any of the foregoing, the authority, duties
and responsibilities of the County Manager herein defined
shall not be construed to limit the right of the Board of
County Commissioners to retain and employ its own staff in
such powers and duties as the Board may 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: Appointment of Personnel and Administration of
County Personnel.
1. No County Commissioner shall direct or request the
appointment of any person to, or his removal from, office by
the County Manager 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 in this Ordinance. The Board of County
Commissioners and its members shall deal with the
administrative services solely through the County Manager,
and neither the Board nor any member thereof shall interfere
in the performance of the duties of any subordinate of the
County Manager, 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
also be a violation of this Ordinance and shall be
punishable by fine not to exceed $500.00 or by imprisonment
in the county jail not to exceed sixty [60) days, or by both
such fine and imprisonment, or as otherwise may be provided
by law.
SECTION THREE: Appointment, Discipline and Dismissal Procedures
for the County Manager.
1. The County Manager shall be appointed by a 3/5 vote of the
entire membership of the Board and shall serve at the will
of the Board. e~eep~-a~-~{~-r~i~-~~~9-~nd The
County Manager shall not be given a fixed term by resolution,
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4
ordinance, contract or otherwise and his salary shall be
fixed by the Board. The County Manager shall not accept,
for his own use, any commissions, rebates, discounts or
gratuities of any kind. Pe~--~--~i~~--~--~h~s
Tf.-~ County Manager may be ~sm~sse~--~r disciplined o~r
dismissed~ w~th or without cause, only through a resolution
imposing such a~sm~ssa~-~ discipline or dismissal~ with or
without cause~ adopted by an affirmative vote of 3/5 of the
entire membership cf the Board. Said resolution may be
adopted only through the following p~ocedure:
A. A resolution of intent to impose dismissal or
disciplinary action shall be adopted by an affirmative
vote of 3/5 of the entire membership of the Board only
aftex said resolution has been placed on the agenda of
a regular scheduled Board meeting and where said agenda
item has been included as part of the published agenda
of the Board meeting.
B. Upon adoption of a resolution of intent to impose
Co
dismissal or disciplinary action, the Board may
consider the adoption of a resolution imposin~
dismissal or disciplinary action at a regularly
scheduled meeting of the Board not less than forty-five
(45) days nor more than sixty (60) days thereafter.
The resolution imposin~ dismissal or disciplinary
~c~or.~.'sha!l ~be'~adopted.~upor.'~n .affirmative .~ote of 3/~
of the entire membership of the Board.
In the event of dismissal~ such dismissal shall be
effective immediately upon Board's adoption of the
resolution imposing dismissal or at such time and upon
such conditions as may be set by the Board in the
resolution imposing dismissal. In the event of disci-
plinary action~ such disciplinary action shall become
146
~0~ -.
Words underlined are added; ~or~s ~k~½~o~g~ are deleted.
effective at such time and under such conditions as may
be imposed by the Board and as set forth in the
resolution imposing disciplinary action. This
provision is not intended and shall not be construed to
prohibit,,, the Board from imposing a less severe
disciplinary action than may be set forth in the
resolution of intent to impose disciplinary action.,
~e~e~--a--~{~-~-~-~--~~--e~--~he
sh~&~-pay-~he-Man~ge=Xs-~easonab~e-a%~o~ney~s-~eev
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6
and-eonsEde~ed-onE?-ab-a-~e~uEa~-meeeEn~-o(-ehe-Bea~d:
~ hs-~-a~e~naaEve-~-ehis-~-dese~Ebed-~~-ehe
e(-bhe-re~ia~-~ea~d-a~enda-~o~-ehae-meeeEn~-~ee~
oniT-when-a((ErmeeEveEy-voeed-upon-by-4~5-o~-ehe-eneE~e
· o perform his duties during his tempo~ar~ absence or
disability~ the Board o~ County Co~issione~s may appoint
some properly ~ualified pe~son to perform the duties o~ the
manager u~til he shall return, or until his disability shall
cease.
SECTION FOUR: Definition of Duties.
only those powers and duties which are administrative or
ministerial in nature and not to delegate any governmental power
imbued in the Board of County Co~issioners as the governing body
of the County pursuant to s. l(e), Art VIII of the State
Constitution. To that end, the above specifically enumerated
powers are to be construed as a~inistrative in nature, and in
any exercise of governmental power the Manager shall only be
performing the duty of advising the Board of County Co~issioners
in its role as the policy-setting governing body of the County.
Words underlined are added; Words s~e~h~e~h are deleted.
3.
SECTION FIVE: Amendment and Repeal Procedures.
This Ordinance may be amended or repealed only by the
following procedure:
A. A resolution of intent to amend or repeal, setting
forth the particular amendments if applicable, shall be
adopted by affirmative vote of 4/5 of the entire
membership of the Board. Said resolution may be
adopted only if it is a regularly scheduled agenda item
and part of the published agenda of a regular meeting.
B. Following adoption of said resolution, the Clerk shall
publish notice of intent to consider as provided in
Section 125.66, Florida Statutes, however, a public
hearing on the adoption of the amendatory or repealing
ordinance shall not be held sooner than thirty (30)
days nor more than forty-five (45) days from the
adoption of the resolution.
C. The amendatory or repealing ordinance shall require the
affirmative vote of 4/5 of the entire membership of the
Board.
SECTION SIX: 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
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
SECTION SEVEN: Effective Date.
This Ordinance shall become effective upon receipt of notice
from the Secretary of State that this Ordinance has been filed
with the Secretary of State.
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PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida, this 26th day of M~%y
· 1987.
AT~EST :'
By:~
";~%p~ad as to form and
legal sufficiency:
Kenneth B. CuylerJ
County Attorney
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
150
Words underlined are added; Words st~ue~th~o~h are deleted.
STATE OF FLORIDA )
COU.~;TY OF COLLIER )
I, JAMES C. GILES, Clerk of Courts in and for the
Twentieth Judicial Circuit, Col!let County, Florida, do
hereby certify that the foregoing is a true copy of:
ORDI}:A.~:CE .~IO. S7-¢3
wh!ck :.:as adopted by the Board of County Commissioners on the
2~th day of May, 1987, during Regular Session.
WITr~ESS my hand and the official seal of the Board of
County Commissioners of Col!let County, Flcrlda, this 27st
day of May, 1987.
JAMES C. GILES
Clerk- of Courts and Clerk
Ex-officio to the Board of
Co.~..z Corn .... ~.~.o.e. o
Deputy Clerk ~-~..- .", · ~
~..~' ., ·
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