Agenda 04/09/2013 Item #11C 4/9/2013 11 .C.
EXECUTIVE SUMMARY
Recommendation to approve the position description,salary range and employment agreement for
the Collier County Hearing Examiner.
OBJECTIVE: To facilitate the hiring of a Hearing Examiner and implement the duties of the
Office in accordance with Ordinance 2013-25.
CONSIDERATIONS: The 1967 Collier County Special Act (Laws of Fla. ch. 67-1246, as
amended by Laws of Fla. ch. 2001-344), specifically authorizes the Board of County
Commissioners to implement a county hearing examiner program by county ordinance. More
specifically, County Land Development Code Sec. 8.02.01.0 provides that "In addition to any
authority granted to the Board of County Commissioners (BCC) by general or special law, the
BCC shall have the following powers and duties: To designate and appoint hearing officers to
make decisions as the BCC may deem appropriate. "
At its meeting on February 12, 1013, under Agenda item 10-F, the BCC directed the County
Attorney to prepare an ordinance for Board approval providing for a county Hearing Examiner.
On March 26, 2013, Ordinance 2013-25, establishing the powers and duties of the Hearing
Officer was approved.
At its meeting on March 26, 2013, the BCC discussed agenda item 9.B, formerly Summary
agenda item 17.E and directed the County Attorney and the County Manager to bring forward a
Hearing Examiner position description, salary range, and employee agreement at the next BCC
meeting scheduled for April 9, 2013. The BCC directed that the employment agreement shall be
for a full time employee, with general county employee benefits reporting directly to the BCC.
A draft position description has been created that identifies the duties of the Chief Hearing
Examiner established in the Hearing Examiner ordinance, as well as the responsibilities related
to the supervision and operations of the Office of the Hearing Examiner. The main function of
the Hearing Examiner shall be to conduct orderly public hearings, considering staff
recommendations and public testimony, and render written decisions on the following land use
and zoning matters:
1. Appeals of administrative decisions or interpretations;
2. Variances;
3. Minor conditional uses ("minor"to be defined);
4. Site Plans with Deviations, (future land use petition);
5. Boat Dock Extensions; and
6. Other land use actions as determined lawful by the Board.
The Hearing Examiner shall ensure that a proposed land use is consistent with the intent of the
GMP and conforms to the regulations in the LDC or such deviations, variances and adjustments
allowed under his authority. The Hearing Examiner may also provide assistance to Planning and
Zoning staff, including the review and analysis of proposed GMP and LDC amendments and
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staff clarifications. Further, the Hearing Examiner shall make special knowledge and expertise
available upon reasonable request of the Board, any individual Commissioner, the County
Manager or his designees, and the County Attorney, provided that such requests do not in any
way detract from the primary duties of the Office. In addition, to the extent authorized by law,
the Hearing Examiner may be assigned any and all other powers and duties that have previously
been granted to the Collier County Planning Commission or the Board of Zoning Appeals,
expressly excepting those powers reserved to the Collier County Planning Commission as the
local planning agency (LPA), and land development regulation commission as required by F.S.
§§ 163.3174 and 163.3194.
As the director of the Office of the Hearing Examiner, the Chief Hearing Examiner shall be
granted the ability to hire and oversee administrative staff and additional hearing examiners, as
determined by the level of work required of the Office to perform. All hiring activities shall be
coordinated with the county's Human Resources Department. As supervisor, the Hearing
Examiner shall be responsible for developing and implementing short,mid, and long range goals,
as well as conducting annual evaluations against the goals. The supervisor responsibilities
include the day to day administration of the Office, the development and maintenance of the
Office's annual budget, and supervising, directing, and evaluation of the duties performed by
Office staff.
The recommended salary range of$88,000 to $122,000 is comparable to the County's pay grade
30.
The employment agreement outlines a two-plus year contract to terminate on September 30,
2015. Several of the conditions identified in the agreement include:
1. On or before March 30th of the year immediately preceding the then ending year of
the Agreement, including any applicable extensions, the term of this Agreement may
be extended for a period of two (2) years by the mutual written agreement of the
County and the Hearing Examiner.
2. Either party may freely terminate the Agreement at any time, with or without cause,
on 30 days written notice to the other. Upon such termination, neither party shall
have any further obligation to the other party.
3. The Hearing Examiner's base salary shall be modified to reflect the cost of living
adjustment granted to other employees.
4. The Hearing Examiner shall work the hours necessary to fulfill the powers and duties
as set forth in the Hearing Examiner Ordinance. All duties required hereunder shall
be performed by the Hearing Examiner personally, or through the assistance of such
employees as may be made available from time to time by the County and concerning
which the Hearing Examiner shall assume full responsibility; provided, however, that
nothing herein shall be deemed to absolve the Hearing Examiner of personal
responsibility for the duties set forth herein.
5. The parties shall fix any such other terms and conditions of employment as they may
determine from time to time, relating to the performance of Hearing Examiner,
provided such terms and conditions are not inconsistent with or in conflict with the
provisions of this Agreement or any other law.
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Following approval by the BCC of the position description, salary range, and employment
agreement the County Manager has been directed by the BCC to advertise the position for two
weeks. Subsequent to the advertisement and recruitment of applicants, staff shall provide to the
BCC a list of candidates that meet the minimum criteria for consideration.
FISCAL IMPACT: The purpose of this item is limited to the creation of the position of
Hearing Examiner and the Office of the Hearing Examiner. The salary granted shall be
commiserate with experience, the skills and discretion necessary to perform the duties as
established, and the qualifications of the candidate. The annual budget of the Office of the
Hearing Examiner has been estimated at approximately $250,000 (includes personnel costs for
hearing examiner and administrative support, court reporter expenses, telephones, computers,
and general operating expenses) with an initial split of funding coming fifty percent from
development services Fund 131 and fifty percent from the unincorporated general Fund 111.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is
legally sufficient, and requires majority vote for approval. -JAK
RECOMMENDATION: That the BCC approves the Hearing Examiner position description,
salary range, and employment agreement; confirms the direction to the County Manager to
advertise the position and bring forward qualified candidates at the first Board meeting in May;
and authorizes the necessary budget amendments to establish the Office.
PREPARED BY: Len Golden Price,Administrative Services Division Administrator
Attachments: 1. Hearing Examiner ordinance.
2. Hearing Examiner position description.
3. Hearing Examiner employment agreement.
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COLLIER COUNTY
Board of County Commissioners
Item Number: 11.11.C.
Item Summary: Recommendation to approve the position description, salary range and
employment agreement for the Collier County Hearing Examiner. (Len Price, Administrative
Services Administrator)
Meeting Date: 4/9/2013
Prepared By
Name: pochopinpat
Title:Administrative Assistant,Facilities Management
4/1/2013 3:39:29 PM
Approved By
Name: pochopinpat
Title:Administrative Assistant,Facilities Management
Date: 4/1/2013 4:55:35 PM
Name: PriceLen
Title: Administrator, Administrative Services
Date: 4/1/2013 5:18:04 PM
Name: PriceLen
Title:Administrator, Administrative Services
Date: 4/1/2013 5:50:07 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 4/3/2013 9:30:22 AM
Name: PryorCheryl
Title: Management/Budget Analyst, Senior,Office of Manag
Date: 4/3/2013 10:45:17 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 4/3/2013 11:56:06 AM
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u
Name: OchsLeo
Title: County Manager
Date: 4/3/2013 12:18:18 PM
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ORDINANCE NO.2013-25
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, PROVIDING_FOR THE TITLE AND
CITATION TO THIS ORDINANCE; ESTABLISHING THE OFFICE OF
HEARING EXAMINER ESTABLISHING THE ` METHOD AND
CONDITIONS FOR SELECTION,APPOINTMENT AND REMOVAL OF THE
HEARING EXAMINER; PROVIDE FOR THE CONDUCT OF MEETINGS,
REPORTS AND RECORDS; ESTABLISHING THE POWERS AND DUTIES
OF THE HEARING EXAMINER; PROVIDING FOR DECISIONS AND
APPEALS FROM DECISIONS OF THE HEARING EXAMINER; PROVIDING
FUNDING FOR THE OFFICE OF THE HEARING EXAMINER; PROVIDING
FOR STAFF FOR THE HEARING EXAMINER; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Laws of Fla. ch. 67-1246, § 5,provides in relevant part that"The governing
bodies of municipalities and Collier County are hereby authorized to establish one.or more
planning commissions for Collier County, to have jurisdiction respectively over certain
geographic areas of Collier County which shall be specifically described by the resolution or
other official action establishing the planning commissions, and appoint members thereto who
reside in the respective districts, and are electors therein. Planning commissions shall have not
less than five,nor more than ten members, and none of such members shall be in the pay of the
county or municipality or elected officer-holders of any of the jurisdictions served," but that
"Members of a planning commission may receive salary and such travel and other expenses
while on official business for the commission as are made available by the governing body for
these purposes; and
WHEREAS, Collier County Land Development Code Sec. 8.02.01.0 provides that"In
addition to any authority granted to the Board of County Commissioners (BCC) by general or
special law, the Board of County Commissioners (BCC) shall have the following powers and
duties: To designate and appoint hearing officers to make decisions as the BCC may deem
appropriate;"and
WHEREAS, Laws of Fla. ch. 2001-344, § 1(31), provides that "The method and
procedures for implementing a county hearing examiner program shall be as set forth by county
ordinance;" and
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WHEREAS, the Board of County Commissioners finds that it is in the public interest to
establish the Office of Hearing Examiner under the terms and conditions set forth herein, and
that it is in the further interest of the public to attract the most qualified people for this position,
that the Hearing Examiner receive compensation for the performance of his enumerated duties,
and that the Hearing Examiner may also simultaneously serve on the Collier County Planning
Commission and still receive appropriate compensation in that the powers and duties of the
Hearing Examiner are substantially equivalent to the powers and duties presently exercised by
the Collier County Planning Commission.
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 Hearing
Examiner Ordinance."
SECTION TWO: Establishment of Office of Hearing Examiner.
The Office of Hearing Examiner is hereby established.
SECTION THREE: Method and conditions for selection, appointment and removal of
the Hearing Examiner.
(a) Recruitment for the position of Hearing Examiner shall be in such manner as may
be determined by the Board of County Commissioners.
(b) The Hearing Examiner shall be appointed by an affirmative vote of not less than
three members of the Board of County Commissioners and serve at the will and pleasure of the
Board of County Commissioners. The Board may appoint multiple Hearing Examiners.
Appointment shall be made by written contract negotiated with the Board of County
Commissioners, which contract shall set out the terms and conditions of employment,
compensation and removal, and may specify any additional powers and duties delegated or
assigned to the Hearing Examiner. Simultaneous service on the Collier County Planning
Commission shall not preclude appropriate compensation.
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(c) The Hearing Examiner need not be a resident of the County at the time of
appointment,but during the Hearing Examiner's tenure in office shall reside within the County.
(d) The position of the Hearing Examiner shall be deemed vacant if the incumbent is
removed, resigns, moves his residence from the County or is, by death, illness or other casualty,
unable to continue in office. In the case of vacancy or disability, the matter shall be heard by the
Collier County Planning Commission, the Board of County Commissioners or the Board of
Zoning Appeals, as the case may be, following the established procedures set forth in the Collier
County Land Development Code (hereinafter referred to as the "LDC"), until a successor has
been appointed by the Board of County Commissioners or the Hearing Examiner resumes the
duties of the position.
SECTION FOUR: Conduct of meetings,reports and records.
(a) Rules of Procedure. The Board of County Commissioners shall adopt the Rules
of Procedure for the conduct of all hearings before the Hearing Examiner. Such procedures
shall be made part of the Collier County Administrative Code,with all amendments, additions,
revisions, or modifications made by resolution of the Board of County Commissioners. Copies
of the Rules of Procedures shall be maintained on file in the office of the Zoning Director, and
published on-line for the benefit of the public.
(b) Reports of Decisions. After a public hearing is held, the Hearing Examiner will
make a written report of his decision in accordance with the Rules of Procedure, and provide a
copy of the report of decision to all parties of record, County staff, and the Board of County
Commissioners.
(c) Records. The Hearing Examiner will be provided with a court reporter for all
hearings in the same manner as provided for the Collier County Planning Commission. To assist
the Hearing Examiner in the conduct of all hearings, the County Manager shall assign a staff
person as Secretary to the Hearing Examiner. The Secretary shall keep indexed records of all
meetings, agendas, findings, determinations and reports of decision. Such records shall be public
records.
(e) Attendance at Hearings. The Hearing Examiner may request staff members with
personal knowledge of relevant facts to attend hearings and produce relevant documents.
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SECTION FIVE: Powers and Duties of the Hearing Examiner.
The Hearing Examiner shall have the following powers and duties:
1. Appeals of Administrative Decision or Interpretation. All type III appeals of
administrative decisions or interpretations,as set forth in LDC Sec. 10.04.04, shall be heard by
the Hearing Examiner. All appeals and staff response to such appeals must substantially
conform to the Rules of Procedure. In reaching his decision, the Hearing Examiner must
consider:
a. the criteria for the type of application being requested;
b. testimony from the applicant; and
c. testimony from any members of the public.
2. Variances. The Hearing Examiner will hear and decide all requests for variances
from the terms of the regulations or restrictions of the zoning code and such other codes or
ordinances as may be assigned to him by the Board of County Commissioners. In reaching his
decision,the Hearing Examiner must consider:
a. the criteria for the type of variance being requested, in particular those set
forth in LDC Sec.9.04.03,
b. staff recommendations;
c. testimony from the applicant; and
d. testimony from the public.
Before granting any variance, the Hearing Examiner must make a finding with respect to
each of the criteria set forth in LDC Sec. 9.04.03, and with respect to sign variances, LDC Sec.
5.06.08. The Hearing Examiner has the same authority as the Board of Zoning Appeals to grant,
deny, or modify any request for a variance from the regulations or restrictions of this Code, or to
attach conditions and requirements necessary for the protection of the health, safety, comfort,
convenience and welfare of the general public. The conditions or requirements must be
reasonably related to the variance requested and conform to the requirements of the LDC.
3. Conditional Uses. The Hearing Examiner will hear and decide all requests for
minor conditional uses. In reaching his decision,the Hearing Examiner must consider:
a. the factors and criteria set forth in LDC Sec. 10.08.00.D;
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b. relevant matters set forth in an applicant's written petition;
c. testimony of any applicant or agent;
d. the recommendation of staff; and
e. testimony of the public.
As part of his decision, the Hearing Examiner must make the findings required by LDC
Sec. 10.08.00.D, and may place appropriate conditions and safeguards as set forth in LDC Sec.
10.08.00.E.
4. Boat Lift Canopies and Dock Facility Extensions. The Hearing Examiner shall
hear all petitions for a boat lift canopy and dock facility extensions as provided for in LDC
Sections 5.03.06.G and H.
5. Additional Duties. To the extent his schedule permits, the Hearing Examiner
will make his special knowledge and expertise available upon reasonable request of the Board of
County Commissioners, any individual Commissioner, the County Manager or the County
Attorney,provided that such requests do not in any way involve any matter that is pending, or is
likely to come before,the Hearing Examiner.
6. Recusal of Hearing Examiner. The Hearing Examiner shall disqualify himself
from a particular case when he reasonably perceives that he has a real or perceived conflict of
interest, or that the case is one of great public interest or concern. When the Hearing Examiner
disqualifies himself,the matter shall be heard by the Collier County Planning Commission, the
Board of County Commissioners or the Board of Zoning Appeals, as the case may be, following
the established procedures set forth in the Collier County Land Development Code as if there
were no Hearing Examiner.
7. To the extent authorized by law, by Resolution `of the Board of County
Commissioners,the Hearing Examiner may be assigned any and all other powers and duties that
have previously been granted to the Collier County Planning Commission or the Board of
Zoning Appeals, expressly excepting those powers reserved to the Collier County Planning
Commission as the local planning agency (LPA), and land development regulation commission
as required by F.S. §§ 163.3174 and 163.3194. All powers and duties expressly granted to the
Hearing Examiner, either by this ordinance or through future resolutions, preempt the Collier
County Planning Commission, or the Board of Zoning Appeals, as the case may be, with respect
to the established procedures set forth in the Collier County Land Development Code.
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SECTION SIX. Decisions and Appeals from Decisions of the Hearing Examiner.
All decisions of the Hearing Examiner arising from Section Five will be delivered or
mailed by the Hearing Examiner to all parties of record, the County Attorney, and the County
Manager. Any party, including the County, may appeal the decision to the Board of Zoning
Appeals or the Board of County Commissioners, as the case may be, within the time frame and
in the manner provided by the Rules of Procedure. Failing a timely appeal, the decision of the
Hearing Examiner will be considered final in all respects. Appeals shall be heard de novo by the
reviewing Board in the manner proscribed in the LDC. In reaching its decision, the reviewing
Board may adopt or deny, in whole or in part,the decision of the Hearing Examiner.
SECTION SEVEN: Funding for the Office of the Hearing Examiner.
The Board of County Commissioners shall appropriate funds as necessary from the
general fund or other legally available funds of the County to employ the Hearing Examiner and
provide necessary and reasonable expenses for the operation, management, space, facilities, and
expenses associated with the Office of Hearing Examiner. Such appropriations shall be subject
to periodic review and adjustment in accordance with the budgetary process of the County.
SECTION EIGHT: Staff.
The Community Development Services Division shall be the professional staff of the
Hearing Examiner.
SECTION NINE: 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 TEN: 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
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or relettered to accomplish such, and the word "ordinance" may be changed to "section,"
"article," or any other appropriate word.
SECTION ELEVEN: 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 \c-x. , -\ ,2013.
ATTEST . '0.4 P,_ BOARD OF CO TY COMMISSIONERS
DWIGHT'E:BR '} ;, Clerk COL ER COUN Y FLORIDA
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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 2013-25
which was adopted by the Board of County Commissioners
on the 26th day of March, 2013 , during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 28th
day of March, 2013 .
DWIGHT E. BROCK
Clerk of Courts and7Clerk
Ex-officio to cira ;c ot7..
County Commis ibkaers
ty
1 p >
By: Martha Vel-g4Tai, :j` ,
Deputy Clerk
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HEARING EXAMINER EMPLOYMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of , 2013, by
and between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter
called "County," as party of the first part, and , hereinafter called
"Hearing Examiner," as party of the second part,both of whom understand as follows:
WITNESSETH:
WHEREAS, the County desires to employ the services of as a Hearing
Examiner for Collier County, as provided by Collier County Ordinance No. 2013-25, as
amended from time to time (hereinafter referred to as the"Hearing Examiner's Ordinance"); and
WHEREAS, it is the desire of the Board of County Commissioners to provide certain
benefits, to establish certain conditions of employment, and to set working conditions of the
Hearing Examiner; and
WHEREAS, the undersigned desires to accept employment as Hearing Examiner for
Collier County; and
NOW THEREFORE, in consideration of the mutual covenants herein contained, the
parties agree as follows:
Section 1: Duties
The Hearing Examiner shall have the authority, duties and responsibilities as set forth in
Section 5 of the Hearing Examiner's Ordinance.
Section 2: Term
A. This Agreement shall commence upon approval of the Board of County
Commissioners, and shall terminate on September 30, 2015.
B. On or before March 30th preceding the then ending year of the Agreement, including
any applicable extensions, the term of this Agreement may be extended for a period of two (2)
years by the mutual written agreement of the County and the Hearing Examiner.
C. Either party may freely terminate this Agreement at any time, with or without cause,
on 30 days written notice to the other. Upon such termination, neither party shall have any
further obligation to the other party. In the event the Hearing Examiner is convicted of any
felony or of any crime involving moral turpitude, the County may by written notice immediately
terminate this Agreement.
Section 3: Salary
A. Employer agrees to pay the Hearing Examiner for his services rendered pursuant
hereto an annual base salary of$ payable in bi-weekly installments.
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B. On the date that cost of living adjustment is granted generally to Collier County ``
employees, the Hearing Examiner's base salary shall be modified to reflect the cost of living
adjustment granted to other employees.
Section 4: Hours of Work
The Hearing Examiner shall work those hours necessary to fulfill his powers and duties
as set forth in the Hearing Examiner Ordinance. All duties required hereunder shall be performed
by the Hearing Examiner personally, or through the assistance of such employees as may be
made available from time to time by the County and concerning which the Hearing Examiner
shall assume full responsibility; provided, however, that nothing herein shall be deemed to
absolve the Hearing Examiner of personal responsibility for the duties set forth herein. The
manner and means of performance of the duties herein shall be determined by the Hearing
Examiner. All acts performed by the Hearing Examiner, explicitly or implicitly, on behalf of the
County, within the scope of his employment, shall be deemed authorized by the County as its
agent, except that any act which constitutes willful misconduct or which may be unlawful shall
be deemed to be an individual act of the Hearing Examiner without authority of the County.
Section 5: Cellular Phone
The County shall provide a cellular phone and service for the Hearing Examiner's use.
Section 6: Benefits
The County will provide the same comprehensive benefits package to the Hearing
Examiner which is currently provided to other County employees.
Section 7: Indemnification
In addition to that required under state and local law, the County shall defend, save
harmless, and indemnify Hearing Examiner against any tort, professional liability claim or
demand or other legal action, including costs and attorneys' fees relating thereto whether
groundless or otherwise, arising out of an alleged act or omission occurring in the performance
of Hearing Examiner's duties.
Section 8: Other Terms and Conditions of Employment
The parties shall fix any such other terms and conditions of employment as they may
determine from time to time, relating to the performance of Hearing Examiner, provided such
terms and conditions are not inconsistent with or in conflict with the provisions of this
Agreement or any other law.
Section 9: Notices
Notices pursuant to this Agreement shall be in writing,transmitted by personal service or
by deposit in the custody of the United States Postal Service, postage prepaid, addressed as
follows:
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(1) EMPLOYER: Board of County Commissioners
Collier County Government Center
3299 East Tamiami Trail, Third Floor
Naples, FL 34112
(2) HEARING EXAMINER:
Notices shall be deemed effective upon delivery or receipt.
Section 10: General Provisions
A. The text herein shall constitute the entire agreement between the parties.
B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and
executors of Hearing Examiner .
C. This Agreement is a personal services contract and neither this Agreement nor
Hearing Examiner's obligations under this Agreement are assignable.
D. If any provision, or any portion thereof, contained in this Agreement is held
unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof,
shall be deemed severable, shall not be affected, and shall remain in full force and effect.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
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IN WITNESS WHEREOF, the County has caused this Agreement to be signed and °"„”
executed on its behalf by its Chairman, and duly attested by its Clerk to the Board, and the
Hearing Examiner has signed and executed this Agreement, both in duplicate, the month, date
and year first above written.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk GEORGIA A. HILLER,ESQ.
CHAIRWOMAN
HEARING EXAMINER:
Witness (signature)
(print name)
Witness (signature)
(print name)
Approved as to form
and legal sufficiency:
By:
Jeffrey A. Klatzkow
County Attorney
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Pay Range: $88,000-$122,000
COLLIER COUNTY, FLORIDA
POSITION DESCRIPTION
POSITION TITLE: CHIEF HEARING EXAMINER
The purpose of this position is to provide for a zoning and land use Chief Hearing Examiner.
This position shall carry out the policy direction of the Board of County Commissioners (Board) related to growth
management and land development through the implementation of the Growth Management Plan's (GMP) goals,
policies,and objectives specifically through hearing and issuing decisions and recommendations for local land use and
zoning petitions. Further, the Chief Hearing Examiner shall oversee the Hearing Examiner Office and provide
recommendations to the Board of County Commissioners and public as required.
The Chief Hearing Examiner shall have the powers and duties established in the Collier County Land Development
Code (LDC) and other applicable County ordinances. The Chief Hearing Examiner shall be hired solely and
exclusively by the Board in the same manner as the County Manager is hired and shall serve at the pleasure of the
Board.The Chief Hearing Examiner may be removed at any time,with or without cause,by an absolute majority of the
Board.
The Chief Hearing Examiner shall be permanent resident of the County and have the ability to vote in Collier
County.
ESSENTIAL FUNCTIONS
The following duties are normal for this position. The omission of specific statements of the duties does not
exclude them from the classification if the work is similar,related,or a logical assignment for this classification.
Other duties may be required and assigned.
Conducts orderly public hearings and render written decisions for appeals of administrative decisions or interpretations,
variances, minor conditional use petitions, and other land use actions as determined lawful by the Board. The Chief
Hearing Examiner shall ensure that proposed land use is consistent with the intent of the GMP and conforms to the
regulations in the LDC.
Applies and interprets the Collier County LDC to ensure that the zoning regulations are consistent with the substance
and intent of the GMP. Applies and interprets the GMP.
Provides recommendations to the Board regarding zoning and land use matters,as requested and lawfully assigned.
Reviews and analyzes proposed GMP and LDC amendments to determine consistency and statutory compliance.
Reviews, considers, and analyzes staff reports and public testimony relating to zoning and land use petitions brought
before the Hearing Examiner's Office.
Provides land use information relating to the Hearing Examiner's Office to citizen"walk-ins."
Attends meetings, conducts research, and makes presentations as staff support to several BCC appointed advisory
committees,as requested.
Keeps abreast of pending state legislation and rule changes related to growth management,natural resources protection,
and land use issues.
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Collier County,Florida•Chief Hearing Examiner
Attends BCC meetings and advisory board meetings; meets with County staff, including peers, subordinates and
superiors.Attends public meetings related to land use within the County,as required.
Coordinates and cooperates with various state and federal agencies, other BCC divisions and departments and the
County Attorney's Office.
Hearing Examiner Office:
The Chief Hearing Examiner shall be adequately staffed to carry out any duties assigned or designated by the Board.
The Chief Hearing Examiner, following consultation with and the advice of the Collier County Human Resource
Department, shall have the right to create,reclassify, and fill,for the Hearing Examiner Office,positions which are the
equivalent of any position found in the Collier County Classification and Pay Plan, subject to the constraints of the
budget of the Hearing Examiner Office.
The Chief Hearing Examiner shall be responsible for the day to day administration of the Hearing Examiner Office.
The Chief Hearing Examiner shall consult, as necessary, with the Board and shall represent and act for the Hearing
Examiner Office in connection with any County activities and functions.
Develops and implements short-,mid-,and long-term departmental strategies,business plans and goals;conducts semi-
annual and annual departmental evaluation against goals.
Assists in the development and maintenance of the Hearing Examiner Office annual budget.
Assigns projects, land development petitions, and correspondence to Hearing Examiner Office staff; assigns and
oversees Board, County Manager, and Division Administrator directed projects to Hearing Examiner Office staff;
monitors directed projects; reviews monthly activity measure reports; prepares and reviews progress reports on
assigned projects.
Supervises, directs, and evaluates Hearing Examiner Office staff, processing employee concerns and problems,
directing work,counseling, disciplining, developing KRAs and completing employee performance appraisals;reviews
and approves payroll; develops action plans for key supervisory staff and selected managers; reviews and approves
evaluations and action plans for all departmental staff; interviews prospective employees; conducts training for new
and existing Hearing Examiner Office employees.
Operates a computer,printer, copier, facsimile machine,telephone, motor vehicle, or other equipment as necessary to
complete essential functions, to include the use of word processing, email, spreadsheet, database, or other system
software.
ADDITIONAL FUNCTIONS
Must have strong interpersonal skills and the ability to conduct effective,informal hearings.
Must possess strong analytical and written communication skills.
Shall possess working knowledge of judicial and administrative procedures and rules of evidence.
Reviews correspondence and responses prepared by Hearing Examiner Office staff.
Addresses issues that arise during review process.
Copies documents;prepares purchase orders.
Performs other related duties as required.
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Collier County,,Florida•Chief Hearing Examiner
MINIMUM QUALIFICATIONS
The Chief Hearing Examiner shall possess sufficient experience and expertise to carry out the duties of the position.
The Chief Hearing Examiner shall exhibit demonstrated ability in the areas of local land use law and zoning,
comprehensive planning,judicial and administrative procedures and knowledge of the rules of evidence.
Bachelor's degree in Planning,Public Administration,or a closely related field; six years of experience in professional
planning and management in a comparable community; or any equivalent combination of education, training, and
experience which provides the requisite knowledge,skills,and abilities for this job.
PERFORMANCE APTITUDES
Data Utilization: Requires the ability to coordinate,manage,and/or correlate data. Includes exercising judgment in
determining time,place and/or sequence of operations,referencing data analyses to determine necessity for revision
of organizational components,and in the formulation of operational strategy.
Human Interaction: Requires the ability to function in a director capacity for a major organizational unit requiring
significant internal and external interaction.
Equipment,Machinery,Tools,and Materials Utilization: Requires the ability to operate,maneuver and/or control
the actions of equipment,machinery,tools,and/or materials used in performing essential functions.
Verbal Aptitude: Requires the ability to utilize consulting and advisory data and information, as well as reference,
descriptive and/or design data and information as applicable.
Mathematical Aptitude:Requires the ability to perform addition,subtraction,multiplication and division; ability to
calculate decimals and percentages; may include ability to perform mathematical operations with fractions; may
include ability to compute discount, interest, profit and loss, ratio and proportion; may include ability to calculate
surface areas,volumes,weights,and measures.
Functional Reasoning: Requires the ability to apply principles of logical or synthesis functions;to deal with several
concrete and abstract variables;and to analyze major problems that require complex planning for interrelated activities
that can span one or several work units.
Situational Reasoning: Requires the ability to exercise judgment,decisiveness and creativity in situations involving
broader aspects of organizational programs and operations, moderately unstable situations, or the direction, control
and planning of an entire program or set of programs.
ADA COMPLIANCE
Physical Ability: Tasks require the ability to exert light physical effort in sedentary to light work, but which may
involve some lifting, carrying, pushing and/or pulling of objects and materials of light weight(5-10 pounds). Tasks
may involve extended periods of time at a keyboard or workstation.
Sensory Requirements: Some tasks require the ability to perceive and discriminate visual cues or signals. Some tasks
require the ability to communicate orally.
Environmental Factors: Essential functions are regularly performed without exposure to adverse environmental
conditions.
Collier County is an Equal Opportunity Employer. In compliance with the Americans with Disabilities Act, the County
will provide reasonable accommodations to quaked individuals with disabilities and encourages both prospective and
current employees to discuss potential accommodations with the employer.
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