Ordinance 78-18ORDINANCE NO. 78-18
AN ORDINANCE TO SET FORTR THE RESPONSI-
BILITIES OF THE BOARD OF COUNTY COMMIS-
SIONERS AND THE COUNTY MANAGER FOR AD-
MINISTERING THE LAWFUL DUTIES OF THE _~
BOARD OF COUNTY COMMISSIONERS, AND ~_ ~
PROVIDING A DEFINITION OF THE OFFIC~ ~ :~
oF CouNTY '. ACER AND PRESCRIBING
AUTHORITY, DUTIES AND RESPONSIBILITE~ ~ '-c~ ~
THEREOF: PROVIDING AN EFFECTIVE DAT~? ~: ~
WHEREAS, Chapter 125 Florida Statutes~ ~thori~%s
the Bard of County Commissioners of Collier County to
provide for effective administration for the adequate 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 within
the framework of law applicable to county government within
this state, and
WHEREAS, the Board of Commissioners desires to
provide an outlined structure for the economic and ~ci~t
conduct of county affairs by placing responsibility _~on t~e
County Manager for handling all things necessary to ~om~is~r1
and bring to fruition the policies established by t~oa~ ~
of County'Commissioners, and ~ ~
WHEREAS, the Board of County Commissioners of
Collier County further desires that the County Manager shall
exercise all its diverse powers and duties which are administrative
or ministerial in nature, excepting only those which relate
directly to the offices enumerated in Article VIII,
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
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008
governmental power the County Manager shall only be performing
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 functions
as are fixed in the Board of County Commissioners by the
general, and specific laws of the State of Florida and by
ordi~ances of Collier County,
NOW, THERFORE, BE IT ORDAINED BY THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that
SECTION ONE: AUTHORITY, DUTIES AND RESPONSIBLITIES 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 a~ninistration
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 to:
a. Administer and carry out the directives and
policies of the Board of County Commissioners
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 he deems necessary
for the improvement of the County and the
welfare of its residents.
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thereof, upon request, with data or information
concerning government and to provide advice
and recommendations on County government
operations to the Board.
d. Prcpare 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'
a~d agencies 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
finances and administrative activities of the
County for the preceding year and submit his
recommendations.
g. SupDrvise 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 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 department heads shall
require confirmation by the Board of County
Commissioners.
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1. 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 to undertake any task
for any other agency on a temporary basis if
he deems it necessary for the proper and
efficient administration of the County govern-
ment 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.
Notwithstanding any of the foregoing, the authority
duties and responsibilities of the County Manager
herein defined shall not be constrhed to limit the
right of the Board of County Con~issioners 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 manage-
ment of the legal staff.
3. It is the intent of the Legislature to.;rant to
the County Administrator 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 ~e
\
construed as administrative in nature, and in any
exercise of governmental power the administrator
shall only be performing the duty of advising the
Board of County Commissioners in its role as the
policy-setting governing body of the County.
SECTION TWO:
This ordinance shall become effective upon receipt
of notice that it has been filed with the Secretary of
State.
Date May'9,'1978
BOARD OF C~UNTY COMMISSIONERS
COLLIER ~O~NTY, FLORIDA
~iALITY
'Donald A.'-'Fickworth
Collier County Attorney
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, WILLIAM J. REAGAN, Clerk of Courts in and for the Twentieth Judicial
Circuit, Collier County, Florida, do hereby certify that the foregoing is a
true original of Ordinance No. 78-18 which was adopted by the Board of County
Commissioners during Regular Session May 9, 1978.
. WITNESS my hand and the official seal of the Board of County Commissioners
of Collier County, Florida,
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this 10th day of May, 1978. .' ,, , WILLIAM J. REAGAN ' -.. %% ~ t,; Z.,
Clerk of Courts an~d~l~k'E.x~-~ficio
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