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Ordinance 93-72 "' ORDIN]tNCE "0. 93-72~_o ~ \~'~ AN ORDINANCE OF co~IER co~NT~, ADOPTING THE COUNTY ADMINISTRATION LAW OF %~_ 1974, PART IIi OF CHAPTER 125, FLORI~ 0r ~ ' STATUTES~ PROVIDIN~ TITLE AND CIT~O~~ PROVIDIN~ FOR COUNTY ADMINISTRATOR - APPOINTMENT, QUALIFICATIONS~ COMPENSATION AND VACANCY~ PROVIDIN~ POWERS AND DUTIES~ INTENT AND LIMITATIONS~ PROVIDIN~ FOR CONFLICT AND SEVERABILITY~ AND PROVIDIN~ AN EFFECTIVE D~TE. WHEREAS, the Board of County Commissioners of Collier County, Florida adopted Collier County Ordinance No. 84-44, the "County Manager Ordinance" on June 12, 1984 and an " amendment thereof, Collier County Ordinance No. 87-43, on May ;~:~' 26, 1987~ and .'. WHEREAS, the Board, on September 28, 1993, adopted Collier County Ordinance No. 93-71 that repealed Collier County Ordinance No. 84'-44, as amended~ and 'J~' WHEREAS, Part III of Chapter 125, Florida Statutes, · consisting of Sections 125.70 through 125.74, inclusive, authorizes Collier County to adopt an ordinance that expressly adopts Part III of Chapter 125, Florida Statutes, with the legislative intent to assure an adequate and efficient " provision of services to the citizens in this state, provide for coordinated administration of county departments to better protect the health, welfare, safety, and quality of life of residents in Collier County, and place in the hands of the County Administrator the multitude of details which arise from the operation of a county as a unit of local government~ and WHEREAS, the intent of Part III of Chapter 125, Florida Statutes, is to enable the Board of County Commissioners to perform freely, without unnecessary interruptions, its fundamental intended purpose of making policies within the framework of law applicable to non-charter county government in Florida and to provide a formula and a structure for the economic and efficient conduct of county affairs by making the ~,, County Administrator responsible for handling of all things necessary to accomplish and bring to fruition the policies established by the Board of County Commissioners. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SZCTION ONE~ TITLE AND CITATION. This Ordinance shall be known and be cited as the "Collier County Administrator Ordinance." Any reference to "County Manager" in existing or future ordinances, resolutions, minutes, legal instruments and other documents shall be understood to refer to the "County Administrator" as provided herein. S~CTION TWO~ COUNTY ADMINISTRATOR~ APPOINTMENT, QUALIFICATIONS, COMPENSATION AND VACANCY. 1. Collier County shall have a County Administrator appointed by the Board of County Commissioners ("Board"), which officer shall be the administrative head of Collier County and shali be responsible for the administration of all departments of Collier County government which the Board has authority to control pursuant to Part III of Chapter 125, Florida Statutes, the general laws of Florida, and other applicable legislation. 2. The County Administrator shall be qualified by administrative and executive experience and ability to serve as the chief administrator of Collier County. The County Administrator shall be appointed by an affirmative vote of not less than three members of the Board and may be removed at any time by an affirmative vote, upon notice, of not less than three members of the Board, after a hearing if such a hearing iS requested by the County. Administrator; provided, however, such removal shall occur no sooner than fourteen days after adoption of a resolution of intent to terminate the employment of the County Administrator. The County Administrator need not be a resident of Collier County at the time of appointment, but during tenure in that office must reside within Collier County. 3. The compensation of the County Administrator shall be fixed by the Board unless otherwise provided by law. 4. The office of County Administrator shall be deemed vacant if the incumbent County Administrator moves his/her .., residence from Collier County or is, by death, illness, or other casualty, unable to continue in office. A vacancy in the office shall be filled in the same manner as the original .. appointment. The Board may appoint an acting County Administrator in the case of vacancy or temporary absence or ,.2: disability until a successor has been appointed or the County Administrator returns. .[ ? SECTION THREEI COUNTY ADMINISTRATOR; POWERS AND DUTIES. 1. The County Administrator shall be responsible for the administration of all departments that are responsible to the Board and for the proper administration of all affairs under the Jurisdiction of the Board. To that end, the County Administrator shall by way of enumeration and not by way of · : limitation, have the following specific powers and duties to: A. A~minister and carry out the directives and policies of the Board and enforce all orders, resolutions, ~ ordinances, and regulations of the Board to assure that they are faithfully executed. · B. Report to the Board on action taken pursuant to any directive or policy within the time set by the Board and '" provide an annual report to the Board on the state of Collier County, the work of the previous year, and any recommendations as to actions or programs deemed necessary for the improvement of the county and the welfare of its residents. C. Provide the Board, or individual members thereof, upon request, with data or information concerning county government and to provide advice and recommendations on county government operations to the Board. D. Prepare and submit to the Board for its ': consideration and adoption an annual operating budget, a capital budget and a capital program. E. Establish the schedules and procedures to be followed by all county departments, offices, and agencies in connection with the budget and supervise and administer 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 finances and administrative activities of Collier County for the preceding year and submit recommendations. G. Supervise the care and custody of all county property. H. Recommend to the Board a current position classification and pay plan for all positions in county service. I Develop, install, and maintain centralized budgeting, personnel, and purchasing procedures. J. Organize the work of county departments, subject to an administrative code developed by the County Administrator and adopted by the Board, and 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 fill all vacancies, positions or employment under the Jurisdiction of the Board except County Attorney. However, the employment of an Assistant .County Administrator, the Executive Director of the Collier County Airport Authority and all division administrators shall require confirmation by the Board. L. Suspend, discharge, or remove any employee under the Jurisdiction of the Board pursuant to procedures adopted by the Board. M. Negotiate leases, contracts, and other agreements, including consultant services, for Collier 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 Board, any department under his Jurisdiction as specified in the administrative code to undertake any task for any other agency on a temporary basis if he/she deems it necessary for the proper and 063. 3'16 -4- efficient administration of Collier County government to do P. Attend all meetings of the Board with authority to participate in the discussion of any matter. Q. Perform such other duties as may be required of the County Administrator by the Board. 2. It is the intent of Part III of Chapter 125, Florida Statutes, and this Ordinance to grant to the County Administrator only those powers and duties which are administrative or ministerial in nature and not to delegate any governmental power imbued in the Board of County Commissioners as the governing body of Collier County pursuant to Section l(e} of Article VIII of the Florida Constitution. To this end, th9 above specifically enumerated powers are to be construed as administrative in nature, and in any exercise of governmental power the County Administrator shall only be performing the duty of advising the Board of County Commissioners in its role as the policy-setting governing body of Collier County and carrying' out its directives and 3. ' No County Commissioner shall direct or request the appointment of any person to, or his removal from, office by the County Administrator 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 by this Ordinance. The Board of County Commissioners and its members shall deal with the administrative services solely through the County Administrator, and neither the Board nor any member thereof shall interfere in the performance of the duties of any subordinate of the County Administrator, either publicly or privately, except for the purposes of inquiry and information. 4. Notwithstanding any of the foregoing, the powers and duties of the County Administrator herein defined shall not be construed to limit the right of the Board to retain and employ its own staff with such powers and duties as the Board may designate. This shall specifically include the right to retain legal counsel who shall report directly to the Board and who shall have sole responsibility for the management of the legal staff. SECTION FOURI CONFLICT ]%ND 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 FIVEI EFFECTIVE DATE. ~" This Ordinance shall take effect 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 ,>~ Commi~si6ners of Collier County, Florida, this ~day of · ' i !'.~ ' ~' A~.E~%f: .... J/ '.;;"1%:: BOARD OF COUNTY COMMISSIONERS ~ UWIGHT. E.,BR~CK,".~,Clerk COLLIER COUNTY, FLORIDA ;~. .i.:.~:.;~.%~/a~ '~..~, '~. : ... ~ ~"~ .;,<.. :/ .... . .. ,., ~ BURT L. SAUNDERS, CHAIRMAN -..' .,,.~r .owedYas'.,,,~o.'f..orm and Assistant C0unt~-Attorney .... . ........ Th/s ordinance flied with Ihe ;:;, ,- .., .DC~.'/bd/.S~a .. _Secretary of ~te'$ Offic,~jh~ and acknowledgeme, n,t ,,o~,f that / filing received ~J.~ day "' ' .... o~ 4.~L~/9 / --- ' _ STATE OF FLORIDA COUNTY OF COLLIEK I, DWIGHT E. BROCK, Clerk of Courts An and for the Twentieth Sudlctal Circuit, Collier. County, Florida, do hereby certify that the foregoing ts a true copy of.' Ordinance No. 93-'Z2 which was adopted by the Board of County Commissioners on the 28th day of September, 1993, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, th~s 6th day of October, 1993. a " ~-' .... ' ~y: /~/~ ureen Kenyon ' ~ ..~,~ · · ". .