Ordinance 2009-16
ORDINANCE NO. 2009-1-6-
INANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
IER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2001-55,
ENDED, WHICH ESTABLISHED STANDARDS FOR CREATION
D REVIEW OF COUNTY BOARDS, BY AMENDING SECTION FIVE,
"QUALIFICATIONS AND REQUIREMENTS FOR MEMBERSHIP ON
BOARDS," TO ALLOW SERVICE ON MORE THAN TWO COUNTY
BOARDS SIMULTANEOUSLY, BY AMENDING SECTION SEVEN,
"TERM OF OFFICE," TO ELIMINATE TERM LIMITS; AND BY
DELETING SECTION NINE, "REVIEW OF BOARDS" IN ITS
ENTIRETY; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
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WHEREAS, in keeping with its policy to promote economy, efficiency ant:@.pr~e
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service in the transaction of the public business by County Boards, the Board (tf~~ol!!!1Y
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Commissioners, through adoption of Ordinance No. 2001-55, established standards fem=?reaflOn
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WHEREAS, Ordinance 2001-55 was subsequently amended through the adoption of
Ordinance No. 2006-39 and Ordinance No. 2007-58; and
WHEREAS, the Board of County Commissioners desires to further amend Ordinance
No. 2001-55, specifically, Section Five entitled, "Qualifications and Requirements for
Membership on Boards," to allow persons to serve on more than two County Boards
simultaneously; Section Seven entitled, "Term of Office," to eliminate terms limits; and to delete
Section Nine, "Review of Boards" in its entirety.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO SECTION FIVE OF ORDINANCE NO. 2001-55,
AS AMENDED.
Section Five is hereby amended to read a follows:
SECTION FIVE: Qualifications and Requirements for Membership on Boards.
Words Underlined are added; Words Struek Tlrrough are deleted.
Page I of5
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A. All members of County Boards shall be permanent residents and electors of
Collier County and should be reputable and active in community service. The
foregoing requirement may be exempted, however, if an ordinance creating a
board specifies the need for membership outside Collier County's boundaries. In
addition, all Board members should have demonstrated an interest in the activity
or service, which is the purpose of the Board. The provisions of this paragraph
may be exempted, however, if an ordinance creating a board specifies the need for
membership outside Collier County's boundaries.
B. Any member of a County Board who ceases to be a resident of Collier County
during his or her term of office shall immediately advise the Commission of such
change in status. Upon such notice, the Commission shall declare the position to
be vacant and shall promptly fill same pursuant to the provisions of Section Six,
herein.
C. The Commission's primary consideration in appointing Board members shall be
to provide the Board with the technical, professional, financial, business or
administrative expertise necessary to effectively accomplish the Board's purpose.
Categories of expertise referenced by County Board's Ordinances as qualifications
for board membership are considered to be primarily directory and not mandatory.
D. No person shall serve on more than t'l{O County Boards simultaneously. If
application is made f-or service on a third board, the applicant must resign
simultaneously from one of his or her current Board positions, or the application
for a third board shall be disqualified. This proyision, however, may be waiyed to
alloy: for service on additional Boards proyided the Commission 'Iotos
unanimously to ':raiye such provision.
E: D. No member of any County Board shall become a candidate for an elective
political office and continue to serve on such board during his or her candidacy
unless such Board member/candidate is running unopposed for a non-
remunerative elective position or an elective position receiving nominal
remuneration, such as the Mosquito Control District Board or a fire district board.
Should any County Board member compete for an elective non-remunerative
political office or a nominally-remunerative political office on the date
applications for candidacy expire, such candidacy shall be deemed a tender of
Words Underlined are added; Words Struek Through are deleted.
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resignation from such Board and the Board shall immediately advise the
Commission in writing of said resignation. No Board Member shall be required
to resign or deemed to have tendered his or her resignation unless such candidacy
is being opposed. The Commission shall deem the position vacant upon receipt of
written notice of said resignation. The Board member shall not serve at any
meetings after his or her position becomes vacant pursuant to this Ordinance.
This provision shall not apply to candidates who currently serve in elected
positions and who are seeking re-election.
F:- E. The commencement of a legal challenge by a Board member as a plaintiff in a
lawsuit against Collier County shall constitute a conflict of interest with Collier
County and shall be deemed a tender of resignation from such Board. The
County Board member's position shall automatically be considered vacant and the
Commission shall promptly fill same pursuant to the provisions of Section Six,
herein.
G F. No member of any County Board, as defined herein, shall print or create, or have
printed or created, or use or distribute any business or informational card
depicting the County logo or in any way representing such Board member as a
representative of Collier County or as a County Board member. The County
Manager or his or her designee may, upon request and prior approval in writing,
authorize the County Board members to obtain a County photo identification card
identifying such members as a County advisory Board member.
SECTION TWO: AMENDMENT TO SECTION SEVEN OF ORDINANCE NO. 2001-55,
AS AMENDED.
Section Seven is hereby amended to read a follows:
SECTION SEVEN: Term of Office.
A. Terms of office shall be staggered.
B. Terms of office for Board members shall be limited to two consecutiye terms of
service on anyone Board; provided, however, that appointment of a Board
member to an initial term of one year shall not be considered a "term of office"
for purpose of the limitations set forth in this section, and such members shall be
entitled to serve two additional terms if so appointed.
Words Underlined are added; Words Struck Through are deleted.
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SECTION THREE: DELETION OF SECTION NINE, ENTITLED "REVIEW OF
BOARDS," OF ORDINANCE NO. 2001-55, AS AMENDED.
Section Nine, entitled "Review of Boards," is hereby deleted in its entirety and the
remaining Sections of Ordinance No. 2001-55, as amended, are renumbered accordingly.
SECTION FOUR: 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 FIVE: 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,"
Words Underlined are added; Words Struek Through are deleted.
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> or any other appropriate word. All references in the Code of Laws and Ordinances to Ordinance
No. 86-41 and its amendments shall be changed to reflect the number assigned to this Ordinance.
SECTION SIX: 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, th;is \4\-kdayof ~.,...\, \ ,2009.
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Approved as foform
and gal sufficiency:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:DOL~?k
ow
This ordinance filed with the
Secrwtory of State's Office the
...l1!!'doy of ~i , , 2609
ond acknowledgement of that
fil,~, re;~ved this 27"'" day
of ;1 ~~
J3y " , Depu1y Clerk
Words Underlined are added; Words Struck Through are deleted.
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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 2009-16
Which was adopted by the Board of County Commissioners
on the 14th day of April, 2009, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 15th
day of April, 2009.
DWIGHT E.
Clerk of
Ex-officio
County
By: