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Ordinance 93-61~ ORDI~.aCE WO. t3- 6......~ ~ ~ ~D OZ CO~ CO~ZBBZO~B ~ ~B CO~ ~ REQaZRZ~G BO~D CO~Z~ZOH OF ~LO~EHT OF ~E ~8ZBT~ CO~Y ~AGER AB WELL AS ALL DI~BZON ~MZNXBT~TORB~ ~ING BECTION ~EB~ ~POI~ DISCIPLINE ~ DISMISSAL PR~ED~ES FOR ~E CO~Y ~ER BY DELETIN~ S~SE~IONS 2.~.~ 2.B. ~ 2.C. IN THEIR ~IR~Y ~ R~ENCIN~ ~ DISMISS~ PR~ED~ES SET FOR~ IN ~B CO~Y ~A~ER'S CO~ IF ~PLIC~LB] DELETIN~ SECTION PiV~ ~M~ ~ REP~ PROCED~ES~ -PRIDING FOR CO~LICT ~ S~ILiTY~ ~ - :'~ ~OVIDZNQ ~ EFFECTIVE D~TE. ~~, ~e Board of County Co~iss~oners of Collier Co~ty,.~lor~da adopted Collier County O=d~nance No. 84-44, the =~tyu~ager Ordinance' on June 12, 1984 and a~ amen~ent ~mrmof o~ ~y 26, 1987; and '~~e Board has had ~e opportunity to obse~e the ~~t~on a~d a~n~stra=~on of Ordinance No. 84-44, ~.~.. .... ~~d has dete~ned tha= It ~s appropriate and necessa~ =o amend ~e Ordinance at th~s t~me. ~N~ ~FO~, BE IT O~AINED BY ~E BO~ OF CO~TY S~ O~ ~~S TO BE~ION O~ OF COLLI~ CO~Y ,~Smct~on One of Collier County Ordinance No. 84-44, as ~ended, shalI be amended to read as follows: SE~ION ONE~ Authority, Duties and Respons~bllit~es of the ,.- County Manager.. '.:-" 1. ~e County Manager shall be responsible for the a~nistration of all departments responsible to the Board of county Co~issioners (the "Board) ._ and for ~e proper administration of all affairs ~der the Jur~sdiction of the Board. To that end, the Manager shall by way of enumeration and not by way of limitation, have the following specific powers and dutie~ as relate to the areas of County government which are assigned to him by th~s ord~nance~r by Board of County soo U63 , I34 Words ~ are added; words ~ arm deleted. Co~miesioners action taken pursuant thereto: A. Ad~inister and cart out the directives and p~ciee o~othe..Board of County ~Yz~.:. ,f.~rder~'.-~eeolut[or~,. ordinances, and ~$':~'-- ~e~0~-to'%h~'B6~d'.~n action taken pursuant '~?" :~ ..' ~' X~po~ to the Board on the state of the County, the work of the previous year, and any reco~endations as to actions or programs deemed nmcessa~ for the improvement of ~e County and the welfare of ~s residents. C. ~ov~de ~e Board, or. ~ndiv~dual me.ers .. ~h~reof, upon re.est, data or ~nfo~a~on ~.-, concern.~ng County gove~ent and to provide advice and reco~endations on County ,... .. . gover~ent operations to the Board. ~. -~-~ .... ...~ ~. ~epare and submit to the Board of County Co~iss~oners for ~ts considerat~on and ,~-'~ ,' adoption an annual operating budget, a ;, ' cap~tal budget and a capital prOg=am. E. Establish the schedules a~d procedures to be ~..,. followed by all County departments~ offices ? ,and agencies responsible to the Board of '~ County Co~ssioners ~n connection with the ~ budget and supe~se and admin~ster all . phases of the budgetary process. F. Prepare and submit to the Board after the ~ end of each fiscal year a complete report on ~]~ the adm~n~strative activ~ties of the County for the preceding year and submit his ;~ reco~endat~ons. ~ G. Supe~se the care and custody of all County Word~ ~ are added~ words ~~ are deleted. ~. property. :?~' H. Provide to the Board a c~rrent position classification and pay plan for all posit, io~s 'l~ County ' I. DevelopJinStall, maintain centralized " b~r~q~t:;ln~'~.personnel~ and-~purchasing procedures in coordination with the Clerk of ~ch~Circuit. Cou~c~s Office. J. Organize 'the"work'of County departments, and i review the departments, administration, and operation of the County and make recommendations pertaining thereto for reorganization by the Board. K. Select, employ and supervise all personnel '~' and'f~ll-a11'Vacancies~'positions or ~, employment under the Jur~sdiction of the Board. However~ the employment of an Assistant County Manager ~nd all division administrators shall require confirmation by the Board of County Commissioners. L. Suspend, discharge, or remove any employee under the'Jurisdiction.of theBoard, pursuant to procedures adopted by the. Board. ( H. Negotiate leases, contracts, and other '~ agreements, ~ncluding consultant services, for the County, subject to approval of the Board, and make recommendations concerning · the nature and location of County improvements. · ?~ N. See that all terms and conditions in all ~. leases, contracts, and agreements are performed and notify the Board of any noted violation thereof. O. Order, upon advising the 8oard, any department under his Jurisdiction to undertake any task for any other agency on a temporary basis if he deems it necessary for the proper and efficient administration of the County government to do so. P. Attend all meetings of the Board with authority to participate in the discussion of.any, mat~er.. R~.orm,.~uchzother'.dut~es as may be required of'him by the Board of County Commissioners. 2. Notwi~hetandt~g.'any of the foregoing, the authori~y, duties and responsib~lities of the County Manager herein defined shall not be construed to.limit the right of the Board of Count~Commissioners to retain and employ its own staff'in such'powers and duties as the Board may designate.' This shall specifically include.the rightto retain legal counsel'who' shall report d~rectly, tothe Board and who shall have sole reeponsihil~ty forths management of the legal staff~ .. 8ECTZOII TWOI BBCTXON TWO OF ORDINT/qCB NO. 84-44, A8 AMENDED~ BET FORTH IN ITB ENTIRETY, WITHOUT AMENDMENT, FOR PURPOSB8 OF RBFERENCBo Section Two of Collier County Ordinance No. 84-44, as amended, shall not be'amended but is set forth here for purposes of reference: SECTION TWO: Appointment of Personnel and Admin~stration of County Personnel. 1. No County Commissioner shall direct or request the appointment of any person to, or hi, removal from, office by the County Manager or by any of his subordinates, or in any manner take part in the appointment or removal of officers or employees in the administrative services of the County except as provided in this Ordinance. The Board of County Commissioners and ~ts members shall deal with the administrative services solely through the County Manager, and neither the Board nor any member thereof shall interfere in the performance of the duties of any subordinate of tbs County Manager, either publicly 4 Words~Ul~ are added~ words et~--th~ are deleted. Or privately, except for the purposes of inquiry and information. A violation cf the provisions of this section shall constitute malfeasance within the meaning of.Article IV, Section ?(a) of the Florida Constitution..:A violation of this section shall also be a viola~n~of this Ordinance and shall be punishable by,fine not.to exceed $500.00 or by imprieonmen~'inthe county Jail not to exceed sixty (60) days, or by both such fins and imprisonment, or as otherwiee.~a~:be provided by law. B~CTXON ~&aEEI,'~AXENDMENT8 TO~BECTION TKREB OF COLLIER COUNTY ORDXN~NC~ NO. 84-44~ AS ~MENDEDo SeotionTh~ee of Collier County Ordinance No. 84-44, as a~ended, shall be amended to read as follows= SECTION THREE= Appointment, Discipline and Dismissal ..~Procedures-for theCounty Manager.~ The County Manager sha~l be appointed by a 3/5 vote of the entire ~embership of the Board and shall serve at the will of the Board. The County ..~$].~%~-":' Manager ~ ma~ be given a fixed terr~ by resolution, ordinance, contract or otherwise and ~: '.''- his salary shall be fixed by the Board. The =~a...~ ~;~: .... County.Manager shall not accept, for his own use, :'..'=.<'. any commissions, rebates, discounts or gratuities 2. The County Manager ~ay be disciplined or 'dismissed, with or without cause, only through a resolution imposing such discipline or dismissal, with. or without cause, adopted by an affirmative vote of 3/5 of the entire membership of the BOard. Provided. however, in the event t~at a discipline and/or dismissal Procedure is set forth in an emDlo~vment aareement effective between the County Manaqer and Collier Coun~y~ such disc~Dline and/or dism~ssal Procedure shall be applicable and shall Drevai! to the extent any conflict with the Dreced~a sentence. ~ords ~ ate added~ words ~ are de~e~ed. ,= 063~,~139 ~ord~ ~ are added; vords ~ are deleted. 3. To perform his duties during his temporary absence or disability, the Board of County Conissicners may appoint some properly qualified person to p~rfor~tht duties of the manager until he shall retur~':'or~-ur~it his disability'shall cease. ~E~ION FO~s SE~-FO~-O~-O~I~CE-NO. 84-44, B~ FOR~ IN ITS ~IRETY~ Wl~O~ FOR ~S~8 OF Section Four of-Col-list"County Ordinance No. 84-44, amended, shall not be .amended but' ts .set forth here for ~ses of reference~ .- I2 Is ~e tnten~.-of'-the' Board to grant '2o' the County ~anger only ~ose powers and. duties which are administrative or ~inistertal In nature'and-not-~o' delegate any g~er~en=al gov~ing ~y of ~e County pursuant ~o s. l(e), ~ ~II of ~e State Constitution; --To '~at' end,- ~e' above ~peclftcally en~era~ad powers ara to be cons~ed as a~inistrative in hat.e, and tn any ~xerctsa o~ qove=ental pcver the Nanager shall only ~ per~o~lnq the duty cE advisinq the Board"o~ ' ' cowry .C~isstonsra'tn its role as ~he polt~-aat~tng - · 81~1~ F~ D~ZON OF BECTION Fl~ OF COLLI~ CO~Y O~CE NO. S4-44~ ~ Section Five of Collier county Ordinance No. 84-44, ~ended, ~s hereby deleted in 1ts entirety. ~ords ~ ars addedl vords ~ are deleted. BB~XO~ BZXz. CO~X~ ~ B~XLZ~Y. Zn ~e~ .event. th~$.Ord~nance, conflicts, w~. any other · ordinance of Collier County or other, appllcable law, .~e more res~lve ehal'l' apply, 'If any phrase or po~lon of this =~.nanct. ~s held. ~nva~id or ~s2~onal-..'~ any court of c~peten2 Jurlsdlc~lon, such potion shall ~ deemed a · ~epa~e~ d~sCtnct and ~ndependen2 provision and 'such holdin~ sha~-~-,no2., affect ~e valtd~t~ of the remaininq portion. u.-:,.L~l~: O~tna~ce..shall t~e effe~ upon ~ecetpt of notice fr,~.~e Se~eta~ of Sta~e ~a~ ~i, Ordinance has been filed W$~-~e-Secra~a~ of State. ,'~:P~S~ ~ D~Y ~ ~ ~e Board of County · of Collier Co~M, Florida, tht~ _ day of 1993. .,~. '.:. BO~ OF CO~Y CO~ISSION~S Clerk CO~I~ CO~, F~RIDA B~T L' SA~D~S, C~I~ Lstant Attorney f~l~ r e ~ th z ~ ,ooK 063,, 141 8 Words~ are added; words et~ee~-t~ are deleted. .;. X, D~IOHT E. BROCK,' C~erk of Courts ~n ~d for the . ~entJeth ~ud~cta~ C~rcul~, Collier Co~ty, Florida, do ~,~" hereby cert~f~ that the foregoing t~ a true copy Ord~n~ce No. 93-61 which ~e adopted by the Board of Count~ Co~tss~oners on the ~th day of September, ~993, during Reeler Session, ~S~ ~ h~d ~d the off,c/al seal of the Board ' Co~ty Co'Ice,ChefS of Co~2~er County, Florida, this 14th day of September, 1993.