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Agenda 09/22/2015 Item #10E 9/22/2015 10.E. EXECUTIVE SUMMARY That the Board of County Commissioners add as a Legislative Priority an amendment to the County Administrator Statute which would end the dispute with the Clerk with respect to purchasing. OBJECTIVE: To end the current litigation between the Clerk and the County and bring certainty to the County's Purchasing Policies and Procedures. CONSIDERATIONS: For several years now, the Clerk has raised a number of concerns with respect to staff entering into agreements and purchases without prior Board approval. This ongoing dispute culminated in the Clerk filing action against the County Manager and the Purchasing Director, in which the County recently joined following the Clerk's refusal to pay certain invoices. The dispute between the parties centers around statutory language found in the County Administrator statute. The language presently reads as follows: 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: (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. (emphasis added) The suggested change would read as follows: 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: (m) Pursuant to policies and procedures adopted by the board of county commissioners,Nnegotiate and enter into leases, contracts, and other agreements, including consultant services, for the county, subject to . - :.. _, and make recommendations concerning the nature and location of county improvements. The proposed amendment is intended to require the County Administrator to conduct his or her business within parameters defined by the board of county commissioners and reflects existing purchasing practices throughout Florida's counties. Packet Page -69- 9/22/2015 10.E. FISCAL IMPACT: Potential savings of hundreds of thousands of dollars in legal fees and costs. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: 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 add as a Legislative Priority an amendment to the County Administrator Statute which would end the dispute with the Clerk with respect to purchasing. PREPARED BY: Commissioner Penny Taylor, District 4 Attachments: Proposed amendment to Florida Statute 125.74. Packet Page -70- 9/22/2015 10.E. COLLIER COUNTY Board of County Commissioners Item Number: 10.10.E. Item Summary: That the Board of County Commissioners add as a Legislative Priority an amendment to the County Administrator Statute which would end the dispute with the Clerk with respect to purchasing. (Commissioner Taylor) Meeting Date: 9/22/2015 Prepared By Name: BrockMaryJo Title: Executive Secretary to County Manager,County Managers Office 9/15/2015 8:44:49 AM Submitted by Title: Executive Secretary to County Manager, County Managers Office Name: BrockMaryJo 9/15/2015 8:44:50 AM Approved By Name: IsacksonMark Title: Division Director-Corp Fin &Mgmt Svc, Office of Management&Budget Date: 9/15/2015 8:54:45 AM Name: KlatzkowJeff Title: County Attorney, Date: 9/15/2015 9:01:43 AM Name: OchsLeo Title: County Manager, County Managers Office Date: 9/16/2015 2:20:48 PM Packet Page -71- 9/22/2015 10.E. 125.74 County administrator; powers and duties.— (I) 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 all department heads shall require confirmation by the board of county commissioners. (1) Suspend, discharge, or remove any employee under the jurisdiction of the board pursuant to procedures adopted by the board. (m) Pursuant to policies and procedures adopted by the board of county commissioners,Nnegotiate and enter into 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. Packet Page -72-