Agenda 09/15/2009 Item #16K 8
Agenda Item No, 16K8
September 15, 2009
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EXECUTIVE SUMMARY
Recommendation to authorize an amendment to Ordinance No. 75-16, as amended,
relating to the conduct of meetings of the Board of County Commissioners, to modify the
procedure for calling a meeting to order in the absence of the Chairman and Vice
Chairman.
OBJECTIVE: To obtain the Board of County Commissioners (Board) authorization to amend
Ordinance No. 75-16, as amended, to modify the procedure for calling a meeting to order in the
absence of the Chairman and Vice Chainnan.
CONSIDERATIONS: The Board's current procedures ordinance, Ordinance No. 75-16, as
amended, provides in Section One, subsection (1 )( e) that "In the absence of the Chairman and
Vice Chairman, the Clerk shall determine if a quorum is present and call for election of a
temporary Chairman to serve until arrival of the Chairman or Vice-Chairman." The reasons for
this proposed change are as follows:
1. Although this language was appropriate when the Clerk physically attended Board
meetings, it is not presently practical as the Clerk does not typically attend Board
meetings, and may be unavailable to perform this function. If both the Chairman and the
Vice-Chairman are not present, there is no reason why the three Commissioners who are
- present cannot on their own elect a Chairman and Vice-Chairman and commence the
meeting.
2. The ordinance does not address whether the Chairman and Vice-Chairman can perform
such duties if they are attending telephonically. It is the opinion of the County Attorney
that from a practical standpoint, the Commissioner chairing the meeting ought to be
physically present. This would be especially true if the meeting was an Emergency
Session and the Chairman and/or Vice-Chairman were attending by cell phone.
Accordingly, I am seeking Board approval to amend this language as follows:
In the physical absence of the Chairman and Vice Chairman. the Board members present shall
elect a temporary Chairman and a temporary Vice Chairman by majority vote. and the
Chairman so elected shall then call the meeting to order and shall serve until arrival of the
Chairman or Vice-Chairman.
If approved, we would advertise and bring back an amending ordinance for Board consideration.
LEGAL CONSIDERATIONS: No legal issues are presented by the proposed housekeeping
measure. This is a regular item requiring simple majority vote. -JAK
FISCAL IMPACT: The cost of advertising the amending ordinance is estimated at $500.
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GROWTH MANAGEMENT IMPACT: None.
Agenda Item No. 16K8
September 15, 2009
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RECOMMENDATION: That the Board authorizes the County Attorney's Office to advertise
and bring back for the Board's consideration an amendment to Ordinance No. 75-16, as
amended, modifying the procedure for calling a meeting to order in the absence of the Chairman
and Vice Chairman as noted herein.
Prepared By: Jeffrey A. Klatzkow, County Attorney
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Agenda Item No, 16K8
September 15, 2009
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16K8
Recommendation to authorize an amendment to Ordinance No. 75-16, as amended, relating
to the conduct of meetings of the Board of County Commissioners, to modify the procedure
for calling a meeting to order in the absence of the Chairman and Vice Chairman,
Meeting Date:
9/15/20099:00:00 AM
Prepared By
Jeff Klatzkow County Attorney Date
County Attorney County Attorney Office 8/4/200911:16:15 AM
Approved By
Jeff Klatzkow County Attorney Date
County Attorney County Attorney Office 8/11/200910:26 AM
Approved By
OMB Coordinator OMB Coordinator Date
County Manager's Office Office of Management & Budget 9/2/20099:54 AM
Approved By
Mark Isackson Budget Analyst Date
County Manager's Office Office of Management & Budget 9/3/2009 9:08 AM
Approved By
Leo E. Ochs, Jr. Deputy County Manager Date
Board of County County Manager's Office
Commissioners 9/4/2009 12:18 PM
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Agenda Item No, 16K8
September 15, 2009
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ORDINANCE NO. 2009-
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NO. 75-16, AS AMENDED,
RELATING TO THE CONDUCT OF MEETINGS OF
THE BOARD OF COUNTY COMMISSIONERS, BY
MODIFYING THE PROCEDURE FOR CALLING A
MEETING TO ORDER IN THE ABSENCE OF THE
CHAIRMAN AND THE VICE CHAIRMAN;
PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on April 22, 1975, the Board of County Commissioners adopted
Ordinance No. 75-16 which established the time, place and conduct of its meetings; and
WHEREAS, subsequent amendments to Ordinance No. 75-16 reflect the evolving
practices and procedures relating to the meetings of the Board of County Commissioners;
and
WHEREAS, Ordinance No. 75-16, as amended, provides that in the absence of the
Chairman and Vice Chairman, the Clerk shall determine if a quorum is present and call for
election of a temporary Chairman to serve until arrival of the Chairman or Vice-Chairman;
and
WHEREAS, the Board of County Commissioners desires to amend this provision of
Ordinance No. 75-16 recognizing that the Clerk may not be available to perform this function
in the event the Chairman and Vice Chairman are absent.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO SECTION ONE OF ORDINANCE NO. 75-16,
AS AMENDED.
Words Underlined are added; Words Struck Through are deleted.
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Agenda Item No, 16K8
September 15, 2009
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Section One is hereby amended to read a follows:
1. Meetings of the Board of County Commissioners:
******
e. Call to Order. At the hour appointed for the meeting, the Chairman shall
immediately call the Commission to order. In the physical absence of the
Chairman, and the Vice Chairman, the Clerk shall determine if a quorum
is present and call f{)r election of a temporary Chairman to the Board
members present shall elect a temporary Chairman and a temporary Vice
Chairman by majority vote. and the Chairman so elected shall then call
the meeting to order and shall serve until arrival of the Chairman or Vice
Chairman.
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 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 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 be effective upon filing with the Department of State.
Words Underlined are added; Words Struck Thnnigh are deleted.
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Agenda Item No. 16K8
September 15, 2009
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this _day of
,2009.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By:
DONNA FIALA, CHAIRMAN
Approved as to form
and legal sufficiency:
Jeffrey A. Klatzkow
County Attorney
Words Underlined are added; Words Struek Th-ough are deleted.
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