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Ordinance 2017-53 ORDINANCE NO. 2017 - 5 3 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR RE- ESTABLISHMENT OF THE COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE;PROVIDING FOR APPOINTMENT AND COMPOSITION; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR REMOVAL FROM OFFICE, FAILURE TO ATTEND MEETINGS; PROVIDING FOR OFFICERS, QUORUM, RULES OF PROCEDURE; PROVIDING FOR REIMBURSEMENT OF EXPENSES; PROVIDING FOR THE FUNCTIONS, POWERS AND DUTIES OF THE COMMITTEE; PROVIDING FOR THE DUTIES OF THE COUNTY MANAGER'S OFFICE; PROVIDING FOR REVIEW; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,on January 29, 1991, the Board of County Commissioners (Board) adopted Ordinance No. 91-10, establishing the County Government Productivity Committee (Committee) to review the efficiency of departments of County government under the jurisdiction of the Board; and WHEREAS, through its adoption of Ordinance No. 2001-37, the Board repealed Ordinance No. 91-10, as amended,to incorporate revisions requested by the Committee; and WHEREAS, the Board subsequently suspended the activities of the Committee via Resolution No.2012-161 at the request of the Committee's Chairman. This was due to the number of vacancies on the Committee and the resulting canceled meetings due to a lack of quorum; and WHEREAS, on November 10, 2013, the Board adopted Ordinance No. 2013-62, which terminated certain advisory boards and committees, including the County Government Productivity Committee, identified as no longer active or necessary and not required by statute; and WHEREAS, the Board desires to re-establish the County Government Productivity Committee to assure the County's taxpayers that all options to conserve tax dollars are being explored and that tax dollars are being used responsibly. 1 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: SECTION ONE: Re-establishment of the County Government Productivity Committee. The County Government Productivity Committee (the "Committee") is hereby re- established to review the efficiency of Collier County divisions and departments as specifically directed by the Board of County Commissioners. The goal of the Committee shall be to ensure that Collier County's taxes are being conserved and used as efficiently as possible. SECTION TWO: Appointment and Composition. A. The Committee shall be composed of seven (7)members who are appointed by resolution of the Board of County Commissioners. Of these seven members, there shall be one member from each of the five County Commission Districts, and two at-large members. Committee candidates for the five County Commission District seats must be nominated by the Commissioner of the District in which the candidate resides for both initial and subsequent terms and receive a simple majority vote of the Board of County Commissioners. The two a-large members can be nominated by any Commissioner,but must receive a four-fifths vote of the BCC for appointment or reappointment. They shall possess special expertise and experience related to managing large organizations. In general terms, the membership shall reflect and represent the community's diverse viewpoints and backgrounds, notwithstanding its principal problem-solving purpose. Upon authorization by the Board of County Commissioners, the Committee may seek private sector expertise in those categories that promote a division's or department's efficiency, productivity, or organization. The Vice Chairman of the Board of County Commissioners or his/her board designee shall serve as a liaison to the Committee and is encouraged to attend all Committee meetings. B. Members of the Committee shall be appointed by and serve at the pleasure of the Board of County Commissioners. Said members shall be permanent residents and electors of Collier County. C. Appointment of members to the Committee shall be by resolution of the Board of County Commissioners. Which resolution shall set forth the date of appointment and term of office. SECTION THREE: Terms of Office. The initial terms of office of the Committee members shall be as follows: A. Three (3) of the District members shall serve for one (1) year. B. Two (2) of the District members shall serve for two (2) years. C. The at-large members shall serve for two (2)years. 2 Thereafter, each appointment or re-appointment shall be for a term of two (2) years. A member of the Committee may be re-appointed by the Board of County Commissioners for one (1) successive term; however, other qualified applicants may be considered for any vacancy. Appointments to fill any vacancies on the Committee shall be for the remainder of the unexpired term of office. SECTION FOUR: Removal from Office; Failure to Attend Meetings. Removal of members from the County Government Productivity Committee shall be in accordance with the provisions of Collier County Ordinance No. 2001-55, as it may be amended or by its successor ordinance. SECTION FIVE: Officer; Quorum; Rules of Procedure. A. Annually the members of the Committee shall elect a chairperson and vice chairperson from among the members. The chairperson's and vice chairperson's terms shall be for one (1) year with eligibility for re-election by the members of the Committee. B. The presence of fifty-one percent (51%) of the current voting membership, but never less than three total, shall constitute a quorum of the Committee necessary to take action and transact business. In addition, an affirmative vote of a simple majority shall be necessary in order to take official action. Furthermore,by simple majority vote,but never with less than 5 members present, the Committee shall adopt rules of procedure for its meetings, and thereafter shall be governed by its Procedures, as adopted and amended from time to time, subject to the approval of the Board of County Commissioners. C. The Committee shall keep a written record of meetings, resolutions, findings and determinations. Copies of all Committee minutes, resolutions, reports and exhibits shall be submitted to the Board of County Commissioners. SECTION SIX: Reimbursement of Expenses. Members of the Committee shall serve without compensation, but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the Board of County Commissioners. SECTION SEVEN: Functions, Powers and Duties of the Committee. The function,powers and duties of the Committee shall be as follows: A. Upon specific direction by the Board of County Commissioners, the Committee shall evaluate departments and divisions of Collier County Government under the jurisdiction of the Board of County Commissioners to determine if those departments and divisions are operating at appropriate levels of efficiency and effectiveness to meet the expectations of the people of Collier County. Once directed by the Board of County Commissioners,the Committee shall analyze and review the existing structure, organization, staffing, management, operations, business practices, 3 and procedures of the departments and divisions identified by the Board of County Commissioners. B. Each member of the Committee may be assigned to serve on one or more subcommittees. C. The Committee, upon completion of its review of a County division or department, shall prepare a report of findings and recommendations to be submitted directly to the Board of County Commissioners, with a copy of such report and recommendations to be submitted to the County Manager's Office to provide an opportunity for staff review. D. The Committee meetings shall be open to the public and conducted in the Sunshine. SECTION EIGHT: Duties of the County Manager's Office. The County Manager's Office will provide such documentation, information, descriptions of procedures,secretarial support and general assistance to the Committee as may be necessary for the Committee to carry out its functions as set forth herein. SECTION NINE: Review Process. The Board of County Commissioners shall review the effectiveness and procedures of the Committee every four(4)years commencing in January 2022. SECTION TEN: 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 court of competent jurisdiction holds any phrase or portion of the Ordinance invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION ELEVEN: Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and may be made a part of the Code of Laws and Ordinances of Collier County,Florida. The section of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "Ordinance" may be changed to "Section," "Article," or any other appropriate word. SECTION TWELVE: Effective Date. This Ordinance shall take effect upon filing with the Florida Department of State. 4 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida,this 12th day of December 2017. ATTEST: n ?.; BOARD OF COUNTY COMMISSIONERS DWIGH11. BROCK Clerk COLLIER O TY, FLORIDA D . u B � ' t B / Y• Y _y_ Penny Tay • , Chairmair Attest as to Cl irmati0' signature only`' Approved al to farm and legality: Jeffrey A.il1latzkow, Countyttorrey This ordinance filed with the it+uppry of sIte`s < ff.,.e rhe and ft'� ��acknowledgerne i64,41 that of katrl') i red tax ilts cc;), By D c 5 7,1 • FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State December 18, 2017 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Ms. Ann Jennejohn Dear Mr. Brock: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2017-53, which was filed in this office on December 18, 2017. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.tl.us