Ordinance 2001-055~ApAR ORDt'NANCE NO. 2001- qq
RDI'NANCE ESTABLI'SHI'NG STANDARDS FOR CREATTON
ND REV]'EW OF COUNTY BOARDS AND PROVI'Di'NG FOR
POLI*CY DECLARATi*ON; PROV]*DI'NG DEFINTI'ONS;
OVt'DI'NG FOR CREATI'ON OF NEW BOARDS;
PROV]'DI~NG EXEMPTI'ON; PROVI'DI'NG QUAL]'FI'CATTONS
AND REQU]'REMENTS FOR MEMBERSHI'P; PROV]'D]'NG
PROCESS OF APPO]~NTMENT; PROV]*DI'NG TERMS OF
OFFI'CE; PROVI'D];NG ATi'ENDANCE REQUI'REMENT;
PROV'rD]~NG SCHEDULE FOR REVI'EW OF BOARDS;
PROVi'DING FOR REPEAL OF ORDI'NANCE NO. 86-41, AS
AMENDED; PROVI*D]*NG FOR CONFLI'CT AND
SEVERABI'L'rTY; PROVZDTNG FOR ]~NCLUS]'ON I'N CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
BOARD
SECTZON ONE: Policy Declaration.
It is hereby declared to be the policy of the Board of County Commi.~er~n of
Collier County, Florida, to promote economy, efficiency and improve service in the
transaction of the public business by County Boards. Nothing in this Ordinance shall be
construed to prohibit or restrict the County Commission from amending or abolishing, at
any time, any Board currently in existence or thereinafter created.
SECTION TWO: Definitions.
The term "Board" is defined to include every agency, advisory board, regulatory
board, quasi-judicial board, committee, task force or any other group created and
funded in whole or in part by the Board of County Commissioners.
The term "Commission" is defined as the Board of County Commissioners of Collier
County, Florida.
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 Ad-Hoc or Task Force Committees. Such ordinance shall set
forth the Board's purpose; functions; powers; responsibilities; jurisdiction; membership
requirements and restrictions; terms and conditions of appointment to and removal
from the Board; and the specific staff support 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 the adoption of said ordinance,
the County Manager shall submit to the Commission a report setting forth 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, either public or private, already in existence, could
serve, or is serving the same purpose.
3)
Board.
4)
The costs, both direct and indirect, of establishing and maintaining the new
Whether creation of the new Board is necessary to enable the County to
obtain state or federal grants or other financing.
5) Whether the Board should have bonding authority.
6) Whether creation of a new Board is the best method to achieve the benefit
desired.
SECTION FOUR:
purpose of the Board.
an ordinance creating
County's boundaries.
Exemption to Ordinance Requirement: Ad Hoc Committees
and Task Force Committees.
The Commission may, by resolution, appoint an Ad-Hoc or Task Force Committee
for a specific project, if the duration of the Committee does not exceed three (3) years
duration. The resolution must set forth the duties and responsibilities of the Committee
and contain language that automatically dissolves the Committee within the specified
year from the date of adoption of the Committee members by the Commission.
SECTTON FIVE: Qualifications and Requirements for Membership on Boards.
A. All members of County Boards shall be permanent residents and electors of
Collier County and should be reputable and active in community service. The foregoing
requirement may be exempted, however, if an ordinance creating a board specifies the
need for membership outside Collier County's boundaries, in addition, all Board
members should have demonstrated an interest in the activity or service, which is the
The provisions of this paragraph may be exempted, however, if
a board specifies the need for membership outside Collier
B. 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 chancje
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.
C. The Commission's primary consideration in appointing Board members shall be
to provide the Board with the technical, professional, financial, business or
administrative expertise necessary to effectively accomplish the Board's purpose.
Categories of expertise referenced by County Boards' Ordinances as qualifications for
Board membership are considered to be primarily directory and not mandatory.
D. No person shall serve on more than two County Boards simultaneously.
application is made for service on a third Board, the applicant must resign
simultaneously from one of his or her current Board positions, or the application for a
third Board shall be disqualified. This provision, however, may be waived to allow for
service on additional Boards provided the Commission votes unanimously to waive such
provision.
E. No member of any County Board shall become a candidate for an elective
political office and continue to serve on such Board during his or her candidacy. Should
any County Board member become a candidate for an elective political, office, such
candidacy shall be deemed a tender of resignation from such Board and the Board shall
immediately advise the Commission in writing of said resignation. The Commission
shall deem the position vacant upon receipt of written notice of said resignation. The
Board member shall not serve at any meetings after his or her position becomes vacant
pursuant to this Ordinance.
F. The commencement of a legal challenge by a Board member as a plaintiff in a
lawsuit against Collier County shall constitute a conflict of interest with Collier County
and shall be deemed a tender of resignation from such Board. The County Board
member's position shall automatically be considered vacant and the Commission shall
promptly fill same pursuant to the provisions of Section Six, herein.
G. No member of any County Board, as defined herein, shall print or create, or
have printed or created, or use or distribute any business or informational card
depicting the County logo or in any way representing such Board member as a
representative of Collier County or as a County Board member. The County Manager or
his or her designee may, upor) request and prior approval in writing, authorize the
County Board members to obtain a County photo identification card identifying such
members as a County advisory Board member.
SECTZON 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 the County Government Center.
B. Prior to making appointments to Boards, staff shall provide the Commission
with a list outlining the qualifications and demographic background 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.
SECTION SEVEN: Term of Office.
A. Terms of office shall be staggered.
B. Terms of office for Board members shall be limited to two consecutive terms of
service on any one Board; provided, however, that appointment of a Board member to
an initial term of one year shall not be considered a "term of office" for purpose of the
limitations set forth in this Section, and such members shall be entitled to serve two
additional terms if so appointed.
C. Appointments to fill a vacancy for the remainder or balance of a term of office
shall be considered a term of office for the purpose of the limitations set forth in
Section Seven B, above, only if the remainder of the term to be served exceeds fifty
percent (50%) of the full term.
D. By unanimous vote of the Commission, the limitations set forth in Section
Seven B above may be waived.
E. Nothing set forth in this Section shall prohibit any individual from being
reappointed to a Board after a hiatus of two (2) years.
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F. All members of Boards created by the Commission shall serve at the pleasure of
the Commission and may automatically be removed by a majority vote of the quorum of
the Commission.
SECTION EIGHT: Attendance Requirement.
It is the intent and strong desire of the Commission that there be full attendance of
advisory Board members at all meetings of the Boards, recognizing, however, that it
may be necessary for Board members to be absent from a meeting due to unusual or
emergency circumstances. Nevertheless, full attendance at Board 'meetings is
encouraged and necessary for the proper operation of the Boards and in furtherance
thereof the following requirements are established:
A. Any Board member who is absent for more than one-half of the Board's
meetings in a given fiscal year shall be deemed to have tendered his or her resignation
from such Board. The Commission shall, as soon as practicable after such resignation,
declare the position to be vacant and shall promptly fill same pursuant to the provisions
of Section Six herein. The Board members shall not serve at any meetings after his or
her position is declared vacant by the Commission.
B. In the event that any Board member is absent from two consecutive meetings
without a satisfactory excuse acceptable to the Board chairperson, the Board
chairperson shall state such fact at the next regularly scheduled Board meeting and
shall thereafter notify, in writing, the Executive IVlanager to the Commission of the
Board member's failure to attend without a satisfactory excuse. The Commission shall
review the Board chairperson's notification at the Commission meeting and shall declare
the Board member's position to be vacant if the Commission concurs that the Board
member was absent from two consecutive Board meetings without a satisfactory
excuse, and shall promptly fill same pursuant to the provisions of Section Six herein.
The Board member shall not serve at any meetings after his or her position is declared
vacant.
C. A member of a Board shall be deemed absent from a meeting when he or she is
not present during at least seventy five percent (75%) of the meeting.
SECTION NINE: Review of Boards.
Each Board shall be reviewed in the following manner:
A. All Boards shall be reviewed every four (4) years from the year the Board was
first established.
B. The County IVlanager or his designee shall provide notice to the Board prior to
its date of review. On or before January 15th of the year in which a Board is to be
reviewed, its Chairperson shall submit to the County Manager a report setting forth the
following information regarding the Board:
1.) Whether the Board is serving the purpose for which it was created.
2.) Whether the Board is adequately serving current community needs.
3.) A list of the Board's major accomplishments for the preceding twelve month
period.
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4.) Whether there is any other Board or agency, either public or private, which
is serving or would better serve the purpose for which the Board was created.
5.) Whether the ordinance creating the Board 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.
C. On or before February 15th of the year in which a Board is to be reviewed, the
County Manager shall deliver to the Commission the report submitted by the
Chairperson of each Board, pursuant to Section Nine (B) of this Ordinance, together
with any recommendation or comments the County Manager may have. ]~n order to
assist the County Manager and the Commission in the evaluation of the Chairperson's
report, the County Manager and Commission may review applicable minutes of
meetings of the Boards. All Boards shall be required to forward the minutes of all
Board meetings to the Commission in a timely manner.
D. During March of the ye. ar in which a Board is to be reviewed, the Chairperson
shall make an oral presentation to the Commission. Said presentation sh'all be based
upon the report submitted to the County Manager pursuant to Section Nine (B) of this
Ordinance. At the conclusion of said oral presentation any Commissioner may request
the formation of a subcommittee consisting of three (3) members of the Commission.
Said subcommittee shall evaluate the Chairperson's report, the County Manager's
recommendations and any other information it deems relevant to determine whether
the Board shall continue in its present form. The subcommittee shall report to the
Commission not later than within ninety (90) days after their initial meeting.
E. At the conclusion of this review process, the Commission shall determine
whether to abolish, continue, consolidate or modify the Board for the ensuing four
years.
SECTION TEN: Repeal of Ordinance No. 86-41, As Amended.
Collier County Ordinance No. 86-41, as amended by Ordinance No. 92-44, 98-46,
and 2000-24, is hereby repealed in its entirety.
SECTION ELEVEN: 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 the
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 affect the validity of the remaining portion.
SECTION T1NELVE: Inclusion in the Code 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
renumbered or relettered to accomplish such, and the word "ordinance" may be
changed to "section," "article," or any other appropriate word. All references in the
Code of Laws and Ordinances to Ordinance No. 86-41 and its amendments shall be
changed to reflect the number assigned to this Ordinance.
SECT]:ON THZRTEEN: 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.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this':.~,,~*--~ day of October, 2001.
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA.
By: ~~ ~
]AMES I~. CARTER, Ph.D., Chairman
Approved as to form
and legal sufficiency:
David C. Weigel
County Attorney
h:public/kay/ordinances
This ordinance f;!,~d with the
Secretgry of .~.t~te's Oifice the
and acknowledgement of that
filing received this ~ ~y
~pu~ Cle~
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereby
certify that the foregoing is a true copy of:
ORDINANCE NO. 2001-55
Which was adopted by the Board of County Commissioners on
the 23rd day of October, 2001, during Regular Session.
WITNESS my hand and the official seal of the Board
County Commissioners of Collier County, Florida, this
of October, 2001.
DWIGHT E. BROCK
Clerk of Courts
Ex-officio to B~i
County Commissigne
By: Terl Mlchaela~.~ Deputy