Ordinance 86-41 .RECEIVED
luc 15 n ORDinANCE NO. 86 - 41
ORDINANCE ESTABLISH G STANDA S
AND PROVIDING A POLICY DECLARATION;
PROVIDING EXEMPTION; PROVIDING DEFINI-
TIONS; PROVIDING QUALIFICATIONS AND
REQUIREMENTS FOR MEMBERSHIP; PROVIDING
PROCESS OF APPOINTMENTS; PROVIDING
TE~S OF OFFICE; PROVIDING SCHEDULE
FOR REVIEW OF BOARDS; PROVIDING ATTEN-
DANCE REQUIREMENTS; PROVIDING SEVER-
ABILITY; AND PROVIDING AN EFFECTIVE
DATE.
BE IT O~DAINED BY THE BOARD OF COUNTY CO~4ISSIONERS OF
COLLIER COUNTY, FLORIDA:
SECTION ONE: POLICY DECLARATION.
It is hereby declared to be the policy of the Board of
County Commissioners of Collier County, Florida, to promote
economy, efficiency and improved service in the transaction of
the public business by County Boards. Nothing in this Ordinance
shall be construed to prohibit or restrict the Co=~nission from
amending or abolishing, at any time, any Board currently in
existence or hereinafter created.
SECTION TWO: DEFINITIONS.
The term "Board" is defined to include every agency,
advisory board, regulatory board, quasi-judicial board, commit-
tee, task force or any other group created and funded in whole or
in part by the Board of County Commissioners.
The term "Commi?sion" is defined as the Board of County
Commissioners of Collier County, Florida.
The t~rm "Exempt~ is defined to include Ad-Hoc Study
Committees appc. inted by Resolution of the Board ef County Commis-
sioners for a duration of not more than one (1) year and created
to serve a specific short-term function.
SECTION THREE: CREATION OF NEW BOARDS.
(a) All Boards created after the effective date of this
Ordinance shall be created by ordinance only, except for the
Ad-Hoc Study .Committees which fall under the definition of
Exempt. Such ordinance shall sat fo=th the Board's purposes;
functions; powers; responsibilities; Jurisdiction; membership
requirements and restrictions; terms and conditions of appoint-
ment to and removal from the Board; and the specific staff
support, if any, necessary to prepare an annual report, either
oral or written, to be presented to the Commission.
(b) Prior to the advertised public hearing held for said
ordinance, the County Manager shall submit to the Commission, a
report setting forth the following information concerning the
proposed new Board:
1.) Whether the establishment of the Board will create
sufficient betterment to the community to justify the
Commission's delegation of a portion of its authority.
2.) Whether another Board or agency, either public or
private, already in existence, could serve, or is serving
the same purpose.
3.) The costs, both direct and indirect, of estab-
lishing and maintaining the new Board.
4.) Whether creation of the new Board is necessary to
enable the County to obtain state or federal grants or other
financing.
5.)
6.)
Whether the Board should have bonding authority.
Whether creation of a new Board is the best method
to achieve the benefit desired.
SECTION FOUR: EXEMPTION.
The Board of County Commissioners may, by resolution,
appoint an Ad-Hoc Study Committee for a specific project, if the
duration of the Committee does not exceed one (1) }'ear duration.
The resolution must set forth the duties and responsibilities of
the Committee and contain language which automat3.cally dissolves
the Committee in one (1) year from the date of adoption by the
Commission.
SECTION FIVE: !~UALiFICATIONS AND REQUIREMENTS FOR i?OR MEMBERSHIP ON BOARDS
All members of County Boards shall be permanent residents
and electors of Collier County and should be reputable and active
in community se:~vice. In addition, all Board members should have
2
demonstrated an interest in the activity or service which is the
purpose of the Board.
Any member of a County Board who ceases to be a resident of
Collier County during his or her term of office shall immediately
advise the Commission of such change in status. Upon such notice
the Commission shall declare the position to be vacant and shall
promptly fill same pursuant to the provisions of Section Six
herein.
The Commission's primary consideration in appointing Board
members shall be to provide the Board with the technical, profes-
sional, financial, business or administrative expertise necessary
to effectively accomplish the Board's purpose.
No person shall serve on more than two County Boards simul-
taneously.
No member of any County Board shall become a candidate for
an elective political office and continue to serve on such Board.
Should any County Board member qualify as a candidate for an
elective political office, such qualification shall be deemed a
tender of resignation from such Board. 'Any County Board member
who has qualified for elective political office prior to the
effective date of this Ordinance shall not be required nor be
deemed to have resigned from such Board.
SECTION SIX: PROCESS OF APPOINTMENT.
(a) Vacancies occurring on any Board shall be publicized,
but need not be advertised, in a publication of general
circulation within the County, and vacancy notices are to be
posted in the County libraries and County Courthouse.
(b) Prior to making appointments to Boards, !he
Commission's staff shall provide the Commission %;ith a list
outlining the qualifications and demographic backguound of each
candidate for Board membership, along with a list detailing the
qualifications and demographic backgrounds of present members
seeking reappointment on each Board to which an appointment-is
being made.
,0~ I]24~ 87
SECTION SEVEN: TERM OF OFFICE.
(a) Terms of office for Board members shall be staggered.
(b.) (1) Terms of office for Board members shall be limited
to two consecutive terms of service on any one Board; pro-
vided, however, that any person currently serving on a Board
shall be permitted to serve on that Board until the
expiration of his or her term.
(2) By a unanimous ¥ote of the Commission, the limita-
tions set forth in subsection (b) (1) above may be waived.
(c) Nothing set forth in subsections (b) (1) above shall
prohibit any individual from being reappointed to a Board after a
hiatus of two years.
SECTION EIGHT: ATTENDANCE REQUIREMENT.
Any Board member shall be automatically removed if he or she
is absent fror] two consecutive Board meetings without a satis-
factory excuse or if he or she is absent from more than one-half
of the Board's meetings in a given fiscal year. A member of a
Board shall be deemed absent from a meeting when he or she is not
present during at least 75% of the meetin'g.
SECTION NINE: REVIEW OF BOARDS.
Commencing January 1, 1987, each Board shall be reviewed in
the following manner:
(a) On or before January 15th of the year in which a Board
is tc be reviewed, its Chairperson shall submit to the County
Manager a report setting forth the following information
regarding the ~.oard:
1.) Whether the Board is serving the purpose for which
it was created.
2.) Whether the Board is adequately serving current
co~munity needs.
3.) A list of the Board's major accomplishments for
the preceding twelve month period.
4.) Whether there is any other Board or agency, either
public or private, which is serving or would better serve
the purpos~ for which the Board was created.
5.) Whether the ordinance creating the Bo~,rd should be
amended to allow the Board to more adequately serve the
purpose for which it was created.
6.; Whether the Board's membership requirements should
be modified.
7.) The cost, both direct and indirect, of maintaining
the Board.
(b) On or before February 15th of the year in %,hich a Board
is to b9 reviewed, the County Manager shall deliver to the
C~nission the report submitted by the Chairperson of each Board,
pursuant t Section 9(a) of this Ordinance, together with any
recommendation or comments the County Manager may have.
(c) During March of the year in which a Board is to be
reuiewed, the Chairperson shall make an oral presentation to the
Con~nission. Said presentation shall be based upon the report
s~)mitted to the County Manager pursuant to Section 9(a) of this
Ordinance. At the conclusion of said oral presentation any
Co~unissioner may request the formation of a subcommittee con-
sisting of three (3) members of the Cdmmission. Said subcom-
mittee shall evaluate ~he Chairperson's report, the County
Manager's reccmmendations and any other information it deems
relevant to determine whether the Board shall continue in its
present form. The subco~ittee shall report to the Commission
not later than within ninety (90) days after their initial
meeting.
(d) At the conclusion of this review process, the Commis-
sion shall determine whether to abolish, continue, consolidate or
modify the Board for the ensuing four years.
(e) The following Boards shall be reviewed in the years as
set forth below and shall be reviewed o~ce every four (4) years
thereafter:
1987:
Board of Adjustment and Appeals
Food Establishment Review Board
Tourist Development Council
Emergency Medical Services Advisory Council
i II I
1988:
Library Advisory Board
Golden Gate Community Center Advisory Committee
Contractors Licensing Board
Isles of Capri Fire Control District
Advisory Board
Parks and Recreation Advisory Board
1989:
Citizens Advisory Task Force
Collier County Code Enforcement Board
Golden Gate Parkway Beautification
Advisory Committee
Collier County Planning Commission
1990:
Marco Island Beautification Advisory Committee
Ochopee Fire Control District Advisory Committee
Natural Resources Advisory Council (EAC/WMAB)
Public Vehicle Advisory Committee
Immokalee Airport Advisory Board
(f) Ail Boards created after the effective date of this
Ordinance shall be reviewed once every four (4) years thereafter.
SECTION TEN: CONFLICT AND SEVERA~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 juri£~diction, such portion shall be deemed a separate,
distinct and independent provision and such holding Ghall not
affect the validity of the remaining portion.
SECTION ELEVEN: 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.
'{)U. LY ADOPTED by the Board of County Commissioners
5~h day of August , 1986.
Approved as to form and
legal sufficiency:
Ri B~e Ander~6n- --
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
'
JJ~N A. PISTOR, Chai~an
~mta~ of Stete's Offl~
~ ack~Iedge~p~ ~
STATE OF FLOR]DA )
COUNTY OF COLLIER )
I, JAMES C. GILES, Clerk of Cou~ts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
herek~, certify that the foregoing isoa true original of
ORDIHANCE NO. 86-41
that was adopted by the Board of County Commissioners during
Regular Session on the 5th day of August, 1986.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 6th day of
August, 1986.
JAI~S C. GILES, CLERK
Clerk of Courts and Clerk
Ex-officio to the Board of
County Commissioners
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