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Ordinance 2006-38 ORDINANCE NO. 2006-~ ORDINANCE AMENDING COLLIER COUNTY ORDINANCE O. 2001-37, AS AMENDED (THE COUNTY GOVERNMENT RODUCTIVITY COMMITTEE ORDINANCE); AMENDING SECTION TWO, APPOINTMENT AND COMPOSITION; AMENDING SECTION FOUR, REMOV AL FROM OFFICE, FAILURE TO A TTEND MEETINGS; AMENDING SECTION SEVEN, FUNCTIONS, POWERS AND DUTIES OF THE COMMITTEE; AMENDING SECTION EIGHT, DUTIES OF THE COUNTY MANAGER'S OFFICE AND THE CLERK OF COURTS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on May 8,2001, the Board of County Commissioners adopted Ordinance No. 2001-37, reestablishing the County Government Productivity Committee; and WHEREAS, the County Government Productivity Committee requested that the Board of County Commissioners consider proposed revisions to Collier County Ordinance No. 2001-37; and WHEREAS, on July 25,2006, the Board of County Commissioners approved the proposed revisions to Ordinance No. 2001-37. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Collier County Ordinance No. 2001-37 is hereby amended to read as follows: SECTION ONE: Amendment To Section Two: Appointment and Composition Section Two, Appointment and Composition, of Collier County Ordinance No. 2001-37 is hereby amended to read as follows: SECTION TWO: Appointment and Composition. A. The Committee shall be composed of eleven (11) members who are appointed by resolution of the Board of County Commissioners. 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. The Committee shall seek private sector expertise in those categories that promote its organization for work, as defined and advertised in specific position descriptions for all areas of 1 T . '_"_~ specialization. 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 TWO: Amendment to Section Four: Removal From Office, Failure to Attend Meetings Section Four, Removal from Office and Failure to Attend Meetings, of Collier County Ordinance No. 2001-37 is hereby amended to read as follows: 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 THREE: Amendment to Section Five: Officers;Quorum; Rules of Procedure. Section Five, Officers, Quorum, Rules of Procedures, of Collier County Ordinance No. 2001-37 is hereby amended to read as follows: SECTION FIVE: Officers; Quorum; Rules of Procedure. A. Annually the membership of the Committee shall elect a chairperson and vice chairperson from among the members. Officers' terms shall be for one (1) year with eligibility for re-election. B. The presence of fifty-one percent (51 %) of the current voting membership, but never less than five total shall constitute a quorum of the Committee necessary to take action and transact business. In addition, an affirmative vote of a simple majority, but never less than 5 of the members representing a quorum at any given meeting, shall be necessary in order to take official action. Furthermore, by simple majority vote, but 2 never less than 5 members, 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 FOUR: Amendment to Section Seven, Functions Powers and Duties of the Committee. Section Seven, Functions, Powers and Duties of the Committ~e, of Collier County Ordinance No. 2001-37, is hereby amended to read as follows: SECTION SEVEN: Functions, Powers and Duties of the Committee. The functions, powers and duties of the Committee shall be as follows: A. 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. Without limiting the generality of the foregoing, the Committee may analyze and review existing structures, organizations, staffing, management, functions, business practices, and procedures of any or all departments and divisions under the jurisdiction of the Board of County Commissioners. The Committee may also conduct budget reviews, as appropriate, of any county based governmental entity or office for which budgetary or other major financial oversight is exercised by the Board of County Commissioners. The objective is to assure the County's taxpayers that all options to conserve tax dollars are being explored and that tax dollars are being used responsibly. If so requested by a constitutional officer, the Committee may perform additional functions for that office in greater detail. B. Each member of the Committee may be assigned to serve on one or more subcommi ttees. C. The Committee or each member thereof shall prepare a report of findings and recommendations to be submitted directly to the Board of County Commissioners upon completion of such findings, provided, however, that such report and 3 -q ,...... __"""'11I'1 recommendations shall also 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. SECTION FIVE: Amendment to Section Eight: Duties of the County Manager's Office and the Clerk of Courts. Section Eight, Duties of the County Manager's Office and the Clerk of Courts, of Ordinance No. 2001-37 is hereby amended to read as follows: SECTION EIGHT: Duties of the County Manager's Office and the Clerk of Courts. 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 The Clerk of Courts may provide the Committee with technical support concerning financial auditing procedures and other technical assistance relating to financial audit and finance during the course of the Committee's reviews. SECTION SIX: 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 this 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 SEVEN: 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. 4 SECTION EIGHT: Effective Date. This Ordinance shall take effect upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this ';;(5"-rlx:tay of ::J (A 1 Y , 2006. ATTEST: DWIGHTE. BRQCK, Clerk ~ ~.. ...., ~'t:( - ~tt.st OS 11-. I . ~l(Jn~tlAr~'onT. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: ~~ . ~ Frank Halas, Chairman Approved as to form and legal sufficiency: 2;-;fR~ Scott R. Teach, Assistant County Attorney 5 This ordinance filed with the Si3!Ftary Of. i!:.taattee"ss p ffice the ;;- day of ~ Ux\(Q . .d acknowledgement of that fdm received thO ~+k f ~ day o , '2.Qo ~ 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 2006-38 Which was adopted by the Board of County Commissioners on the 25th day of July, 2006, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 31st day of July, 2006. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners ,~ ~ , . "