Agenda 01/27/2015 Item #10A 1/27/2015 10.A.
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners determines if the County
Managers Ordinance meets the Florida Statutes Sec. 125.74(k) and if determined necessary
directs the County Attorney to amend the County Manager's Ordinance to require the
County Manager to bring all Department Directors before the Board of County
Commissioners for confirmation, to advertise the proposed amendment, and to bring the
amended ordinance back to the Board for consideration and potential enactment.
OBJECTIVE: To require Board confirmation of all Department Directors.
CONSIDERATIONS: Collier County government is presently organized into four Divisions
(Administrative Services, Growth Management, Public Services and Public Utilities) and
numerous Departments (from the Airport Authority through Zoning Services). The head of each
of these Departments is typically referred to as the Director of the particular department. Some
of the Directors report directly to the County Manager, others report to a Division Administrator.
Currently, the County Manager is required to bring only the employment of the Deputy County
Administrator, the Executive Director of the County Airport Authority and all Division
Administrators to the Board for confirmation. Florida State Statute 125.74 (k)however states the
County Administrator's powers include responsibility to, "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." I believe that requiring the Board's confirmation of all Directors both
comports with Florida law and is in the best interest of good governance.
Accordingly, I am asking the Board to direct the County Attorney to amend the County Manager
Ordinance to require that all Department Division heads be included within those required to be
confirmed by the Board,to advertise the proposed amendment, and bring the proposed ordinance
amendment to the Board for its consideration and potential enactment.
FISCAL IMPACT: Advertising costs would be approximately $350.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: The Florida County Administrator Statute provides in relevant
part as follows:
Sec. 125.74 County administrator;powers and duties.—
(1) the administrator may 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 administrator may, by way of enumeration and not by
way of limitation, have the following specific powers and duties to:
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(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. (emphasis added)
The statute does not define the term "department heads," and we were unable to locate
any case law or AG opinion that would help define it. Over the many years, the Board of County
Commissioners has defined "department heads"as follows in its County Manager Ordinance:
Sec. 2-81. Powers and duties.
(a)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:
(11) 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 County Airport Authority and all Division
Administrators shall require confirmation by the Board. (emphasis added)
The Board as the Constitutional governing body of Collier County is clearly within its
rights to define what it means to be a "Department Head" within Collier County government.
Expanding this term to include the Directors of the.County's various departments (such as Code
Enforcement, Domestic Animal Control, Purchasing, etc.) is clearly within the Board's home
rule powers.
With that said, this item has been reviewed by the County Attorney, is approved as to
form and legality, and requires majority vote for approval. —JAK
RECOMMENDATION: That the Board of County Commissioners determines if the County
Managers Ordinance meets the Florida Statutes Sec. 125.74(k) and if determined necessary
directs the County Attorney to amend the County Manager's Ordinance to require the County
Manager to bring all Department Directors before the Board of County Commissioners for
confirmation, to advertise the proposed amendment, and bring the amended ordinance back to
the Board for consideration and potential enactment.
PREPARED BY: Commissioner Tom Henning, District 3
Attachments: Florida State Statute 125.74 and Collier County Ordinance 2013-40
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COLLIER COUNTY
Board of County Commissioners
Item Number: 10.10.A.
Item Summary: Recommendation that the Board of County Commissioners determines if
the County Managers Ordinance meets the Florida Statues Sec. 125.74(k) and if determined
necessary directs the County Attorney to amend the County Manager's Ordinance to require
the County Manager to bring all Department Directors before the Board of County
Commissioners for confirmation, to advertise the proposed amendment, and to bring the
amended ordinance back to the Board for consideration and potential enactment.
(Commissioner Henning)
Meeting Date: 1/27/2015
Prepared By
Name:NeetVirginia
Title: Legal Assistant/Paralegal,CAO Office Administration
1/21/2015 11:38:17 AM
Approved By
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/21/2015 1:09:56 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/21/2015 1:43:13 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget
Date: 1/21/2015 1:55:49 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 1/21/2015 3:47:10 PM
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Statutes & Constitution :View Statutes : Online Sunshine 1/27/2015 10.A.
Select Year: 2014 ri
The 2014 Florida Statutes
Title XI Chapter 125 View Entire
COUNTY ORGANIZATION AND INTERGOVERNMENTAL COUNTY Chapter
RELATIONS GOVERNMENT
125.74 County administrator; powers and duties.—
(1) The administrator may 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 administrator may, 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 the administrator 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 county government and to provide advice and recommendations on county government
operations to the board.
(d) Prepare 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, 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 the county for the preceding year and submit his or her
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, legal, and purchasing
procedures.
(j) Organize the work of county departments, subject to an administrative code developed by the
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. However, the employment of alt department heads shall require
confirmation by the board of county commissioners.
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Statutes & Constitution :View Statutes : Online Sunshine 1/27/2015 10.A.
(I) 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 agency under the administrator's jurisdiction as specified in
the administrative code to undertake any task for any other agency on a temporary basis if he or she
deems it necessary for the proper and efficient administration of the 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 by the board of county commissioners.
(2) It is the intent of the Legislature 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 the county pursuant to s. 1(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 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.
History.—s. 1, ch. 74-193;s. 822,ch. 95-147.
Copyright®1995-2015 The Florida Legislature • Privacy Statement • Contact Us
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JU u
ORDINANCE NO. 2013 -4 0
A O 'DINANCE OF THE BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA, SETTING FORTH THE TITLE;
PROVIDING FOR THE PURPOSE; PROVIDING FOR A
REFERENCE TO COUNTY MANAGER; PROVIDING FOR THE
BOARD AS POLICY MAKER; PROVIDING FOR THE
APPOINTMENT, QUALIFICATIONS, COMPENSATION AND
VACANCY OF THE COUNTY ADMINISTRATOR; PROVIDING FOR
THE POWERS AND DUTIES OF THE COUNTY ADMINISTRATOR;
PROVIDING FOR THE REPEAL OF ORDINANCE NO. 93-72, AS
AMENDED; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 125, Florida Statutes, authorizes the Board ro I
r f: C irity
Commissioners to provide for effective administration for the adequate and efficient provisii o
services to the citizens of Collier County; and
rtis _..
WHEREAS, the Board of County Commissioners believes the foregoing of vcitive-tray i1
best be realized by placing in the hands of the County Manager the multitude of ad{ inistrve
and ministerial details which necessarily arise in the operations of County governm so---t-hat
the Board of County Commissioners may freely perform and without unnecessary iituptirrn,
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 County Commissioners wishes to repeal and replace its
current County Administrative Ordinance, Ordinance 93-72, as amended, with this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Title and Citation.
This Ordinance shall be known and may be cited as the `'Collier County Administrator's
Ordinance."
SECTION TWO: Purpose.
It is the legislative intent that it is necessary to authorize a form of county administration
that best assures an adequate and efficient provision of services to the citizens of Collier County,
that provides for coordinated administration of county departments to better protect the health,
welfare, safety, and quality of life of the residents of Collier County, and that places in the hands
of a county administrator the multitude of details which must necessarily arise from the operation
of a county as a unit of local government and, thus, enables the Board of County Commissioners
to perform freely, without unnecessary interruption, its fundamental intended purpose of making
policies within the framework of law applicable to county government in this state. It is the
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further legislative intent to provide a formula and structure for the economic and efficient
conduct of county affairs by making the county administrator established by this ordinance
responsible for handling of all things necessary to accomplish and bring to fruition the policies
established by the Board of County Commissioners.
SECTION THREE: Reference to County Manager.
Any reference to "county manager" in this Code or existing or future ordinances,
resolutions, minutes, legal instruments and other documents shall be understood to refer to the
"county administrator."
SECTION FOUR: Board as Policy Maker.
In keeping with F.S. ch. 125, part III, this Ordinance grants 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 Fla. Const. art. VIII, §1(e). To this end, the below 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 the county
and carrying out its directives and policies.
Except as provided below, as the policy-setting governing body, the Board and its
members shall defer to the County Manager the day-to-day handling of the administrative and
ministerial powers and duties enumerated below, including the supervision, appointment or
removal of his subordinates. No County Commissioner shall direct or request the appointment
of any person to, or his removal from, Office of the County Administrator or by any 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 article. 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. Nothing contained herein shall prevent a County Commissioner from expressing a
concern to the County Manager about the actions or performance of an employee.
SECTION FIVE: Appointment,qualifications,compensation and vacancy.
(a) The County shall have a County Administrator appointed by the Board of County
Commissioners, which officer shall be the administrative head of the county and shall be
responsible for the administration of all departments of the county government which the board
has authority to control pursuant to F.S. ch. 125, pt. III (F.S. § 125.70 et seq.), the general laws
of Florida, and other applicable legislation.
(b) Recruitment for the position of County Administrator shall be in such manner as may
be determined by the Board.
(c) The County Administrator shall be qualified by administrative and executive
experience and ability to serve as the Chief Administrator of the county. The County
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Administrator shall be appointed by an affirmative vote of not less than three members of the
Board and may be removed at any time by an affirmative vote, upon notice, of not less than three
members of the Board, after a hearing if such a hearing is requested by the County
Administrator; provided, however, such removal shall occur no sooner than 14 days after
adoption of a resolution of intent to terminate the employment of the County Administrator. The
County Administrator need not be a resident of the county at the time of appointment, but during
tenure in that office must reside within the county.
(d) The County Administrator shall be appointed by written contract negotiated with the
Board which contract may set out the terms and conditions of employment and removal and
specify any additional powers and duties delegated or assigned to the County Administrator.
The compensation of the County Administrator shall be fixed by the Board unless otherwise
provided by law.
(e) The Office of County Administrator shall be deemed vacant if the incumbent County
Administrator moves his residence from the county or is, by death, illness, or other casualty,
unable to continue in office. A vacancy in the office shall be filled in the same manner as the
original appointment. The Board may appoint an Acting County Administrator in the case of
vacancy or temporary absence or disability until a successor has been appointed or the County
Administrator returns.
SECTION SIX: Powers and Duties.
(a) 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:
(1) 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.
(2) 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 deemed necessary for the
improvement of the county and the welfare of its residents.
(3) 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.
(4) Prepare and submit to the Board for its consideration and adoption an annual
operating budget, a capital budget and a capital program.
(5) 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.
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(6) 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
recommendations.
(7) Supervise the care and custody of all county property.
(8) Recommend to the Board a current position classification and pay plan for all
positions in county service.
(9) Develop, install, and maintain centralized budgeting, personnel, and purchasing
procedures.
(10) 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.
(11) 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 County Airport
Authority and all Division Administrators shall require confirmation by the Board.
(12) Suspend, discharge, or remove any employee under the jurisdiction of the Board
pursuant to procedures adopted by the Board.
(13) 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.
(14) See that all terms and conditions in all leases, contracts, and agreements are
performed and notify the Board of any noted violation thereof.
(15) 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 the county government to do so.
(16) Attend all meetings of the Board with authority to participate in the discussion of
any matter.
(17) Perform such other duties as may be required of the County Administrator by the
Board.
(18) The County Manager shall have the authority to provide the Board of County
Commissioners and the Planning Commission with reports and recommendations with respect to
matters before such bodies as directed by the Board of County Commissioners.
A
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(b) 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 SEVEN. Repeal of Ordinance 93-72, as amended.
Ordinance 93-72, as amended by Ord. No. 95-49, Ord. No. 01-77, Ord. No. 04-55, Ord.
No. 2006-03, and Ord. No. 2011-11, is hereby repealed.
SECTION EIGHT: 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 NINE: 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 Ordinance of Collier County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION TEN: Effective Date.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by.the Board of County Commissioners of Collier
County, Florida, this 1 d{- ,. day of \--" , 2013.
ATTEST: ,^Ir 1 BOARD OF COUNTY COMMISSIONERS
DWIGHT:E..BROC IC,_Clerk COLLIER COUNTY, FL e RID
/7
By 11 , I /
1Er By: t /
;Attest as to Chairman's,-Dept- CI k I GEORGIA A. -Ill ESQ.
's CHAIRWOMAN
i nature only.
Approved LI form and
legal s y: This Ord;r,once `� with the off-e the
•`' --�,- Secretor;.
...Z-1_ doy' of 1641—'
s k� e*►�4 chat
Jeffrey '' latz ow and o�ks�owsedg ---- d°�
{iiin ceived t t3
County t rney of Via — ,f
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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 and correct
copy of:
ORDINANCE 2013-40
which was adopted by the Board of County Commissioners
on the 14th day of May, 2013, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 20th
day of May, 2013 .
DWIGHT E. BROCI • J
Clerk of Courtseidict 7C1,4rk
Ex-officio :E4044
County Comini4siQrierls- •
By: Martha' Vergara
Deputy Clerk
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