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Ordinance 2001-077~ ORDINANCE NO. 2001- 77 ~°/AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 93:72, AS AMENDED, SECTIO~ 2-7~ OF TH~ CODE O~ LAWS AND ORDINANCES OF COLLIER COUNTY, ~ LORIDA, THE COLIAER COUNTY ADMINISTRATOR ORDINANCE: AMENDING SECTION THREE: COUNTY ADMINISTRATOR; POWERS AND DUTIES, BY PROVIDING CLARIFICATION OF STANDARDS FOR THE BOARD AND ITS MEMBERS; PROVIDING FOR CONFLICT AND SEVE~BILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Collier County has determined that it is in the interests of good government and the citizens of Collier County that Collier County Ordinance No. 93-72, as amended, the Collier County Administrator Ordinance, be further amended to provide clarification regarding Board or Commissioner contacts with County Admlmstrator staff~pursua~nt to Ordinance No. 93-72, as amended. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENT TO SECTION THREE OF COLLIER COUNTY ORDINANCE NO. 93-72, AS AMENDED, SECTION 2-78 OF THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA. Section Three of Collier County Ordinance No. 93-72, as amended, Section 2-78 of the Code of Laws and Ordinances of Collier County, Florida, is hereby amended to read as follows: SECTION THREE: COUNTY ADMINISTRATOR; POWERS AND DUTIES. 1. The County Administrator shall be responsible for the administration of all departments that are responsible to the Board and for the proper administration of all affairs under the jurisdiction of the Board. To that end, the County Administrator 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 and enforce all orders, resolutions, ordinances, and regulations of the Board to assure that they are faithfully executed. 1 Words ............. ~,.. are deleted, words underlined are added. 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 Collier County, the work of the previous year, and any recommendations as to actions or programs deemed 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 county government and to provide advice and recommendations on county government operations to the Board. D. Prepare and submit to the Board 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 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 Collier County for the preceding year and submit recommendations. G. Supervise 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, and maintain centralized budgeting, personnel, and purchasing procedures. J. Organize the work of county departments, subject to an administrative code developed by the County Administrator and adopted by the Board, 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 except County Attorney. However, the employment of an Assistant County Administrator, the Executive Director of the Collier County Airport Authority and all division administrators shall require confirmation by the Board. 2 Words ~truc!: !~rzug~ are deleted, words underlined are added. 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 Collier 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 as specified in the administrative code to undertake any task for any other agency on a temporary basis if he/she deems it necessary for the proper and efficient administration of Collier 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 the County Administrator by the Board. 2. It is the intent of Part llI of Chapter 125, Florida Statutes, and this Ordinance to grant 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 Collier County pursuant to Section l(e) of Article VIII of the Florida Constitution. To this end, the above specifically enumerated powers are to be construed as administrative in nature, and in any exercise of governmental power the County Administrator shall only be performing the duty of advising the Board of County Commissioners in its role as the policy-setting governing body of Collier County and carrying out its directives and policies. 3. No County Commissioner shall direct or request the appointment of any person to, or his removal from, office by the County Administrator or by an)' 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 by this Ordinance a-~.~ o~..~.~ c.f C~unty r,~__:~: ....... .~: ..... t. .... ~1~ ~ ...:,k .~... 3 Words ......,. ,~- ..... k are deleted, words underlined are added. .............................. ., ...... e, ............ ., ........................ _ Neither the Board nor any member thereof shall interfere in the performance of the duties of any subordinate of the County Administrator, 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. 4. Notwithstanding any of the foregoing, the powers and duties of the County Administrator herein defined shall not be construed to limit the right of the Board to retain and employ its own staff with 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: 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 affect the validity of the remaining portion. SECTION THREE: 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. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this // dayof-~E0_~mB~'tO-,, ,2001. 4 Words ............. s.. are deleted, words underlined are added. Approved as to form and legal sufficiency: David C. Weigel ~) -- County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA James D.~aarter, Ph.D., CHAIRMAN I --II-OI ~'~is ordinance filed with th~ Secre_Ia~' of Share's Office the /~ ~"~ day of . and acknowledgement of that filin~ received this ~,'/~P~day of 5 Words ............. ~h are deleted, words underlined are added. 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. 2001-77 f_~ j/~ Which was adopted by the Board of County CommlssJ. o~ersc~n -, the llTH day of December, 2001, during Regular Session.~ ~ WITNESS my hand and the official seal of the Boar~P~f- County Commissioners of Collier County, Florida, this 18th day of December, 2001. DWIGHT E. Clerk of EX- 0 f f 1 C · 0 ~:t 0'.' '~ ~'C~'~'~, ."% By:Teri Deputy '~,~r~ . ~( ,"