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Agenda 09/22/2020 Item #10B (Advertise an Ordinance - Rotation of Chairman & Vice-Chairman)10.B 09/22/2020 EXECUTIVE SUMMARY Recommendation to advertise an ordinance for future consideration that would amend Ordinance No. 75-16, as amended, to establish a rotation for serving as Chairman and Vice -Chairman of the Board of County Commissioners. OBJECTIVE: To provide certainty to the process of electing the Chairman and Vice -Chairman of the Board of County Commissioners (Board). CONSIDERATIONS: Ordinance No. 75-16, as amended, sets forth general rules and procedures regarding meetings of the Board. This includes the election of a Chairman and Vice -Chairman during the first regularly scheduled Board meeting in January of each year. For many years the Board rotated the positions as a matter of custom. To remove any political and personal considerations in this election process, the proposed amendment to Section One (e) of Ordinance No. 75-16, as amended (codified in Section 2-36(e) of the Code of Laws and Ordinances) establishes a rotation in numerical order based on the Commission District number. (e) Presiding officer, election, duties. The presiding Chairman and Vice -Chairman shall be elected by a majority of the members of the Board of County Commissioners and said election shall occur at the first regularly scheduled Board meeting in January of each year. Commencing with the first regularly scheduled Board meeting in January 2021, the position of the Chairman shall be rotated in numerical order based on the Commission District number beginning with the Commissioner of District 4. The position of the Vice -Chair shall also rotate in numerical order be ig nning with the Commissioner of District 5. A prerequisite to being Chairman shall be one year's tenure on the Board. Should the Commissioner of the District scheduled to be Chair not meet the tenure requirement, then for that year the Commission District for both the Chair and Vice -Chair shall be skipped, with the Chairman being the next qualified Commissioner in this rotation, and the Vice -Chairman being the Commissioner for the District scheduled to be Chairman the following_ year. Thereafter, the rotation of the chairs shall continue in the numerically ordered rotation. FISCAL IMPACT: The approximate cost to advertise the proposed ordinance is $400. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. LEGAL CONSIDERATIONS: The proposed amendment was drafted by the County Attorney and is approved as to form and legality. A majority vote of the Board is required for approval. - JAK RECOMMENDATION: That the Board of County Commissioners authorizes the County Attorney to advertise the proposed ordinance for future consideration. PREPARED BY: Commissioner Burt Saunders, District 3 Packet Pg. 195 10.B 09/22/2020 ATTACHMENT(S) 1. Ordinance amending Rotation of Chair (DOCX) Packet Pg. 196 10.B 09/22/2020 COLLIER COUNTY Board of County Commissioners Item Number: 10.B Doc ID: 13615 Item Summary: Recommendation to advertise an ordinance for future consideration that would amend Ordinance No. 75-16, as amended, to establish a rotation for serving as Chairman and Vice - Chairman of the Board of County Commissioners. (Commissioner Saunders) Meeting Date: 09/22/2020 Prepared by: Title: Executive Secretary to County Manager — County Manager's Office Name: MaryJo Brock 09/16/2020 2:18 PM Submitted by: Title: County Manager — County Manager's Office Name: Leo E. Ochs 09/16/2020 2:18 PM Approved By: Review: Office of Management and Budget County Attorney's Office County Manager's Office Board of County Commissioners MaryJo Brock Level 3 OMB Gatekeeper Review Skipped 09/16/2020 2:18 PM MaryJo Brock Level 3 County Attorney's Office Review Skipped 09/16/2020 2:18 PM Leo E. Ochs Level 4 County Manager Review Completed 09/16/2020 2:36 PM MaryJo Brock Meeting Pending 09/22/2020 9:00 AM Packet Pg. 197 10.B.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 ORDINANCE NO.2020 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING SECTION ONE OF ORDINANCE NO. 75-16, AS AMENDED, ESTABLISHING A ROTATION FOR SERVING AS CHAIRMAN AND VICE-CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Collier County Ordinance No. 75-16, as amended, sets forth general rules and procedures regarding meetings of the Board of County Commissioners, including the annual election of a Chairman and Vice -Chairman; and WHEREAS, for many years the Collier County Board of Commissioners rotated the position of Chairman as a matter of custom; and WHEREAS, the Board wishes to return to this practice, as the Board finds that this custom fostered good will among the Commissioners by providing certainty to the process and by removing political and personal considerations from the election of the Chairman. 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. Section One of Ordinance No. 75-16, as amended, is hereby amended as follows: (e) Presiding officer, election, duties. The presiding Chairman and Vice -Chairman shall be elected by a majority of the members of the Board of County Commissioners and said election shall occur at the first regularly scheduled Board meeting in January of each year. Commencing with the first regularly scheduled Board meeting in January 2021, the position of the Chairman shall be rotated in numerical order based on the Commission District number beginning with the Commissioner of District 4. The position of the Vice - Chair shall also rotate in numerical order be - i�g with the Commissioner of District 5. A prerequisite to being Chairman shall be one year's tenure on the Board. Should the Commissioner of the District scheduled to be Chair not meet the tenure requirement, then for that year the Chair shall skip to the next qualified Commissioner in the rotation, with the Vice -Chairman always being next in line for Chair. Thereafter, the rotation of the Chair and Vice -Chair shall continue in the numericallv ordered rotation. Words Underlined are added; Words Struck ThFough are deleted. Page 1 of 2 Packet Pg. 198 10.B.1 41 42 SECTION TWO: Conflict and Severability. 43 In the event this Ordinance conflicts with any other ordinance of Collier County or other 44 applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held 45 invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a 46 separate, distinct and independent provision and such holding shall not affect the validity of the M E L 47 remaining portion. z 48 U m 49 SECTION THREE: Inclusion in the Code of Laws and Ordinances. > c 50 The provisions of this Ordinance shall become and be made a part of the Code of Laws and c° c ° 51 Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or E 52 relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or U 53 any other appropriate word. ° c 0 54 0 55 SECTION FOUR: Effective Date. W Ln 56 This Ordinance shall become effective upon receipt of notice from the Secretary of State M 57 that this Ordinance has been filed with the Secretary of State. L 58 t U 59 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier o c 60 County, Florida, this day of 52020. ° 61 W M 62 ATTEST: BOARD OF COUNTY COMMISSIONERS 63 CRYSTAL K. KINZEL, Clerk COLLIER COUNTY, FLORIDA 64 E ° 65 66 By: By: c 67 , Deputy Clerk Burt L. Saunders, Chairman L 68 O 69 c 70 E 71 c� 72 Q 73 74 Approved as to form and legality: 75 76 77 Jeffrey A. Klatzkow, County Attorney Words Underlined are added; Words Struck ThFough are deleted. Page 2 of 2 Packet Pg. 199