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Ordinance 80-077 ORDINANCE NO. 80 - 77 AN ORDINANCE TO SET FORTH THE RESPONSI- BILITIES OF THE BOARD OF COUNTY COMM~ SIONERS AND THE COUNTY MANAGER ADMINISTERING THE LAWFU~ DUTIES OF ~ BOARD OF COUNTY COMMISSIONERS, K~ PROVIDING A DEFINITION OF THE OFFICE~ COUNTY MANAGER AND PRESCRIBING T~I~,~ AUTHORITY, DUTIES AND RESPONSIBILITI~gi~ :=" THEREOF; REPEALING ORDINANCE NO. 78-~8~ ~ PROVIDING AN EFFECTIVE DATE. ~ ~ ~ WHEREAS, Chapter 125, Florida Statutes, au~orizes the Board of County Commissioners of Collier County to provide for effective administration for the adepuate and efficient provision of services to the citizens of Collier County, and WHEREAS, the Board of County Commissioners of Collier County believes the foregoing objective may best be realized by placing in the hands of the County Manager the multitude of details which necessarily arise in the operations of county government, so that the Board of County Commissioners may perform freely and without unnecessary interruption, its fundamental purpose and function of making.policies.~ithi~ the framework of law applicable to county government this state, and WHERE~S, the Bo~rd of ¢ommis~ioners desires to proi~de an outlined structure for the economic and efficient tenet of county affairs by placing reaponsibility upon the County Manager for handling all things necessary to accomplish and bring to fruition the policies established by the Board of County Commissioners, and WHEREAS, the Board of County Commissioners of Collier County further desires that the County Manager shall exer- cise all its diverse powers and duties which are administra- tive or ministerial in nature, excepting only those which relate directly to the offices enumerated in Article Section l(e), of the State Constitution, to which end all powers specifically enumerated herein are to be considered administrative in nature, so that in exercising any such governmental power the County Manager shall only be perform- ing the duty of advising the Board of County Commissioners in its role as policy forming body of the County, and WHEREAS, the Board of County Commissioners recognizes that the authority and responsibility of the County Manager, as defined herein, are limited to such activities and func- tions as are fixed in the Board of County Commissioners by the general and specific laws of the State of Florida and by ordinances of Collier County. NOW, Tt~REFORE, BE IT ORDAINED BY T~E BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that SECTION ONE: AUTHORITY, DUTIES AND RESPONSIBILITIES OF THE COUNTY MANAGER. 1. The Manager shall be responsible for the administration of all departments responsible to the Board of County Commissioners and for the proper administration of all affairs under the Jurisdiction of the 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 government which are assiqned to him by this ordinance or by Board of County Commission action taken pursuant thereto~ A. Administer and carry out the directives and poli- cies of the Board of County Commissioners end 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 thc Board on the state of the County, the work of the previous year, and any recommendations as to actions or programs he deems necessary for the improvement of the County and the welfare of its residents. c. Provide the Board, or individual members thereof, upon request, with data or information concerning government and to provide advice and recommenda- tions on County government operat/ons to the Board. Prepare and submit to the Board of County Commis- sioners for its consideration and adoption of an annual operating budget, a capital budget and a capital program. Establish the schedules, and procedures to be followed by all County departments, offices and agencies responsible to the Board of County Com- missioners in connection with the budget and su- pervise and administer all phases of the budget- ary process. Prepare and submit to the Board after the end of each fiscal year a complete report on tb~ ~e~eee e~ administrative activities ~f the County for the preceding year and submit his recommendations. Supervise the care and custody of all County property. Supervise to the Board a current position classi- fication and pay plan for all positions in County service. Develop, install, maintain centralized budgeting, personnel, and purchasing procedures in coordina- tion with the Clerk of the Circuit Court's office. Organize the work of County departments, and review the departments, administration, and opera- tion of the County and make recommendations per- taining thereto for reorganization by the Board. Select, employ and supervise all personnel and fill all vacancies, positions or employment under the jurisdiction of the Boazd. However, the employment of all division administrators shall require confirmation by the Board of County Commis- sioners. Suspend, discharge, or remove any employee under the jurisdiction of the Board, pursuant to pro- cedures adopted by the Board. Negotiate leases, contracts, and other agreements, including consultant services, for the County, Ne him by the Board of County Commissioners. 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. No County Commissioner shall direct or request the appointment of any person tof or his removal from, office by the County Manager or by any of his subordi- natesf or in any manner take part in the appointment or removal of officers or employees in the a.dministrative services of the County except as provided in this Ordinance. The Board of County Commissioners and its members shall deal with the administrative services subject to approval o£ the Board, and make recom- mendations concerning the nature and location of County improvements. See that all terms and conditions in all leases, contracts, and agreements are performed and notify the Board of any noted violation thereof. Order, upon advising the Board, any department under his Jurisdiction to undertake any task for any other agency on a temporary basis if he deems it necessary for the proper and efficient adminis- tration of the County government to do so. Attend all meetings of the Board with authority to participate in the discussion of any matter. Perform such other duties as may be required of 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 Draft #3 - 8/4/80 for tha purposes of inquiry and,information. A viola- tion of the provisions of this section shall constituta malfeasancm within the meaging of Article lyf ,Section 7(a) of the Florida Constitution. A violation of this section shall also be a violation of this Ordinance and e e shall be punishable.by fine not to exceed.~500.00 or by imprisonment in the county Jail not to cxcccd ~ixty (60) dayst or hy both such fine and impriaonmentf or as otherwise may be provided by law. 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 except as otherwise provided herein and shall not be given a fixed term by resolu- tion, 0rdinance~ contract or otherwise. His salary shall he fixed hy the Board and he shall not accept, for his own use, any commissions~ rebatest, discounts or gratuities of any kind. For any violation of this provision, the Manager shall be summarily dismissedr any other provision of this Ordinance notwithstanding.. The County Manager may be dismissed or disciplined only through a .resolution imposing such dismissal or disci- pline adopted by an affirmative vote of 3/5 of the entire membership of the Board. Said resolution may be adopted only through the following procedure: A. A resolution of intent to impose dismissal or dis- ciplinary action shall be adopted by an affirma- tive vote of three fifths of the entire member- ship of the board only after 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. The resolution shall state that dismissal or a specific disciplinary action is sought to be imposed, and no disciplinary action more severe than that specified in the resolution may be ,imposed and shall specify with particularity the Draft #3 - 8/4/80 specific acts or omissions £or,which action is sought. Following the adoption.of the resolution declaring the Boardts intent to impose dismissal or disciplinary, action,.the Manager shall have the right, within ten (10) days.following the adoption of said resolution to request a hearing prior to the adoption of the resolution imposing dismissal or disciplinary action. At said hearing, the Board shall have the burden of presentinq substantial competent evidence to show the truth of the charges for which dismissal or disciplinary action is sought. The Manager shall have the rlght~ either personally or through counsel~ to rebuts said gharges~ and to cross examine any witness against him. In the event a resolution imposing dis- missal or disciplinar~ action is not adopted following said hearing, or if the disciplinary action or dismissal should be set aside by a court~ the Board shall pay the Manager's reason- able attorney's fee. The resolution imposing dismissal or disciplinary action may not be adopted less than thirty (30) days following the adoption of the resolution declarlng the intent to impose such action. The resolution imposing dismissal or disciplinary action shall similarly be placed on a published agenda and considered only at a reqular meeting of the board. As an alternative to this procedure described above~ the Manager may be dismissed without cause by the ~doption of a resolution of dismissal adopted in accordance with the following procedure~ A. A resolution of intent to dismiss shall be adopted by affirmative vote of 4/5 of the entire membership of the Board at a regularly scheduled meeting if such resolution is & regular aoend~ item, published as part of the regular board agenda for that meeting date. B. Following the adoption of a resolution declaring an intent to dismissr no resolution imposing dis- missal may be adopted for at least thirty (30) . days. C. The resolution imposing dismissal shall be effec- tive only when affirmatively voted upon by 4/5 of the entire membership of the Board at a regular meeting of the Board where said resolu- tion is part of the published agenda for such meeting. 7. To perform his duties during his temporary absence or disability, the.Board of County Commissioners may appoint some properly qualified person to perform.th.e duties of the manager until he shall return, or his disability shall cease. 8. It is the intent of the Board to grant to the County A~m&~&e%~a~e~ Manager 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 Commissioners 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 administrative in nature, and in any exerci,e of governmental power the A~mim&s~a~e~ Manager shall only be performing the duty of the advising the Board of County Commissioners in its role as the policy-setting governing body of the County. SECTION TWO: 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 applicabl.e~ shall be adopted by affirmative vote of 4/5 of the ~00~ Be entire membership of the Board, Said resolution may be adopted only if it i~ a uegularly scheduled agendp item and part of, the published agenda of a regular meetinq. Follow!Dg, adoption of said resolutiont the Clerk shall publish notice of intent to consider as provided in Section 125.66t Florida Statutes~ howevert a public hearing on the adoption of the amend&tory or repealing ordinance shall.not be held sooner than thrity ¢30) days nor more than forty-five (45) days from the adoption of the resolution. C. The amendator7 or repealing ordinance shall re- quire the affirmative vote of 4/5 of the entire membership of the Board. SECTION THREE: Ordinance No. 78-18 is hereby repealed. SECTION FOUR: This Ordinance shall become effective upon receipt of notice that it has been filed with the Secretary of State. PASSED AND DULY ADOPTED this . 5th day of August , 1980. ATTEST: BOARD OF COUNTY COMMISSIONERS WILLIAM J. REAGAN, Clerk COLLIER COUNTY, FLORIDA This.ordinance ftled with the Secretary of State's Office the llth day of August, 1980 and Clif/~grd Wenzel, ~ha~rman Approved aa to form and legal suf£iciencyt acknowledgement of that ftltng Donald A. P~ck~orth received thts~3th day of Augus t~ .-~'~'/~, ,~ol_lier County Attorney -Vl~g/Pfj/la .Hag~l, Oaputy~le~k D~P/ke/~ STATF. OF FLORIDA CouNTY OF COLLIER I, WILLIAM J. REAGAN, Clerk o£ Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do.hereby u~rtl£y that.the foregoing Is a t~e ORDINANCE NO. which wa~ adopted by the board of County Commissioners during Regular Session, Ausust 5 ~ . L, 1980. WITNESS my hand and the o£ficial seal County Commissioners of Collier County, Florida, this ..6th day of AuEust , 1980. WILLIAM J. REAGAN'. .Clerk of Courts and Clerk · Ex-o£ficio to Boa~ o£ County Commissioners, ~y ' ~. 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