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Ordinance 87-043ORDINANCE NO. 87- 43 AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 84-44 WHICH SETS FORTH THE RESPONSIBILITIES OF THE BOARD OF COUNTY COMMISSIONERS AND THE COUNTY MANAGER FOR ADMINISTERING THE LAWFUL DUTIES OF THE BOARD OF COUNTY COL~ISSIONERS; ~4ENDING SECTION THREE (1) TO PROVIDE THAT THE COUNTY MANAGER SHALL SERVE AT THE WILL OF THE BOARD; APLENDING SECTION THREE (2) TO PROVIDE THAT THE COUNTY MANAGER MAY BE DISCIPLINED OR DISMISSED, WITH OR WITHOUT CAUSE, BY AN AFFIR- MATIVE VOTE OF 3/5 OF THE ENTIRE MEMBERSHIP OF THE BOARD:; ADDING SECTION THREE (2) (B) TO PROVIDE THAT THE BOARD MAY ADOPT A RESOLUTION IMPOSING DISCIPLINARY ACTION OR DISMISSAL, WITH OR WITHOUT CAUSE, NOT LESS THAN FOURTY-FIVE (45) NOR MORE THAN SIXTY (60) DAYS AFTER ADOPTION OF A RESOLUTION OF INTENT TO IMPOSE DISMISSAL dR DISCIPLINARY ACTION; ADDING SECTION THREE (2) ~) TO PROVIDE FOR OPERATION OF RESOLUTION~; DELETING (SECTION THREE (2) (B)) ANY REQUIREMENT THAT A RESOLUTION OF INTENT TO IMPOSE DISMISSAL OR DISCIPLINARY ACTION SPECIFY ACTS OR OMISSIONS FOR WHICH DISCIPLINARY ACTION OR DISMISSAL ~ SOUGHT; DELETING (SECTION THREE (2) (C)(D~ A~Q (E)) THE COUNTY MANAGER'S RIGHT TO REQUEST.~-~ HEARING AND THE REQUIREMENTS APPLICABLE TO SUCH HEARING OR TO RESOLUTIONS IMPOSED PURSUANT TO SUCH HEARINGS; DELETING SECTION THREE [3) IN ITS ENTIRETY TO DELETE ALL REQUIREMENTS THAT A DISMISSAL WITHOUT CAUSE BE ADOPTED BY AN AFFIR- MATIVE VOTE OF 4/5 OF THE ENTIRE MEMBERSHIP OF THE BOARD AND TO DELETE ALL PROCEDURES APPLI- CABLE THERETO; PROVIDING FOR CONFLICT AND SEVER- ABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners finds it appropriate and in the best interest of County government to provide that the County Manager shall serve at the will of the Board of County Commissioners; and WHEREAS, the Board finds it appropriate to require a majority vote of the Board rather than a 4/5 vote of the entire. membership of the Board either for the discipline or dismissal, with or without cause, of the County Manager; :NOW.,-~HEREFORE., ':BE':~T :~RDA-INED '~' '~THE~BOI~IqD ~)F COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Collier County Ordinance No. 84-44 shall be amended as follows: SECTION ONE: Authority, Duties and Responsibilities of the County Manager 1. The County Manager shall be responsible for the adminis- tration of all departments responsible to the Board of County Commissioners (the "Board") and for the proper administration of all affairs under the jurisdiction of the Words underlined are added; Words s~eek~h~e~h are deleted. Board. To that end, the Manager shall by way of enumeration and not by way of limitation, have the following specific powers and duties as relate to the areas of County govern- l~.~nt which are assigned to him by this ordinance or by Board of County Commissioners action taken pursuant thereto: A. Administer and carry out the directives and policies of the Board of County Commissioners (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 the County, the work of the previous year, and any recommendations as to actions or programs deemed necessary for the improvement of the County and ~he welfare of its residents. C. Provide the Board, or individual members thereof, upon request, data or information concerning County government and to provide advice and recommendations on County government operations to the Board. D. Prepar~ and submit to the Board of County Commissioners 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 ..resp~nsib~e..'~t~..~he.'~oard .:of Coun~-.iCo~iss~ners .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 administrative activities of the County for the preceding year and submit his recommendations. G.Supervise the care and custody of all County property. Words underlined are added; Words st=u=hth=ouqh are deleted. 2 H. Provide to the Board a current position classification and pay plan for all positions in County service. I. Develop, install, maintain centralized budgeting, personnel, and purchasing procedures in coordination with the Clerk of the Circuit Court's Office. J. Organize the work of County departments, 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. However, the employment of all division administrators shall require confirmation by the Board of County Commissioners. 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 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 Board, any department under ~his jurisdiction .~.o'2anud~_--~.a~:e..~any ~ask.~o~ ~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 matter. Q. Perform such other duties as may be required of him by the Board of County Commissioners. Words underliDed are added; Words s~Mekthr~gh are deleted. 3 2. Notwithstanding any of the foregoing, the authority, duties and responsibilities of the County Manager herein defined shall not be construed to limit the right of the Board of County Commissioners to retain and employ its own staff in 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 TWO: Appointment of Personnel and Administration of County Personnel. 1. No County Commissioner shall direct or request the appointment of any person to, or his 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 its 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 the County Manager, either publicly or privately, except for the purposes of inquiry and information. A violation of the provisions of this section shall constitute malfeasance within the meaning of Article IV, Section 7(a) of the Florida Constitution. A violation of this section shall also be a violation of this Ordinance and shall be punishable by fine not to exceed $500.00 or by imprisonment in the county jail not to exceed sixty [60) days, or by both such fine and imprisonment, or as otherwise may be provided by law. SECTION THREE: Appointment, Discipline and Dismissal Procedures for the County Manager. 1. The County Manager shall be appointed by a 3/5 vote of the entire membership of the Board and shall serve at the will of the Board. e~eep~-a~-~{~-r~i~-~~~9-~nd The County Manager shall not be given a fixed term by resolution, Words underlined are added; Words s~e~h~ea~h are deleted. 4 ordinance, contract or otherwise and his salary shall be fixed by the Board. The County Manager shall not accept, for his own use, any commissions, rebates, discounts or gratuities of any kind. Pe~--~--~i~~--~--~h~s Tf.-~ County Manager may be ~sm~sse~--~r disciplined o~r dismissed~ w~th or without cause, only through a resolution imposing such a~sm~ssa~-~ discipline or dismissal~ with or without cause~ adopted by an affirmative vote of 3/5 of the entire membership cf the Board. Said resolution may be adopted only through the following p~ocedure: A. A resolution of intent to impose dismissal or disciplinary action shall be adopted by an affirmative vote of 3/5 of the entire membership of the Board only aftex said resolution has been placed on the agenda of a regular scheduled Board meeting and where said agenda item has been included as part of the published agenda of the Board meeting. B. Upon adoption of a resolution of intent to impose Co dismissal or disciplinary action, the Board may consider the adoption of a resolution imposin~ dismissal or disciplinary action at a regularly scheduled meeting of the Board not less than forty-five (45) days nor more than sixty (60) days thereafter. The resolution imposin~ dismissal or disciplinary ~c~or.~.'sha!l ~be'~adopted.~upor.'~n .affirmative .~ote of 3/~ of the entire membership of the Board. In the event of dismissal~ such dismissal shall be effective immediately upon Board's adoption of the resolution imposing dismissal or at such time and upon such conditions as may be set by the Board in the resolution imposing dismissal. In the event of disci- plinary action~ such disciplinary action shall become 146 ~0~ -. Words underlined are added; ~or~s ~k~½~o~g~ are deleted. effective at such time and under such conditions as may be imposed by the Board and as set forth in the resolution imposing disciplinary action. This provision is not intended and shall not be construed to prohibit,,, the Board from imposing a less severe disciplinary action than may be set forth in the resolution of intent to impose disciplinary action., ~e~e~--a--~{~-~-~-~--~~--e~--~he sh~&~-pay-~he-Man~ge=Xs-~easonab~e-a%~o~ney~s-~eev Words underlined are added; Words s~=ue~eh~ough are deleted. 6 and-eonsEde~ed-onE?-ab-a-~e~uEa~-meeeEn~-o(-ehe-Bea~d: ~ hs-~-a~e~naaEve-~-ehis-~-dese~Ebed-~~-ehe e(-bhe-re~ia~-~ea~d-a~enda-~o~-ehae-meeeEn~-~ee~ oniT-when-a((ErmeeEveEy-voeed-upon-by-4~5-o~-ehe-eneE~e · o perform his duties during his tempo~ar~ absence or disability~ the Board o~ County Co~issione~s may appoint some properly ~ualified pe~son to perform the duties o~ the manager u~til he shall return, or until his disability shall cease. SECTION FOUR: Definition of Duties. 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 Co~issioners as the governing body of the County pursuant to s. l(e), Art VIII of the State Constitution. To that end, the above specifically enumerated powers are to be construed as a~inistrative in nature, and in any exercise of governmental power the Manager shall only be performing the duty of advising the Board of County Co~issioners in its role as the policy-setting governing body of the County. Words underlined are added; Words s~e~h~e~h are deleted. 3. SECTION FIVE: Amendment and Repeal Procedures. This Ordinance may be amended or repealed only by the following procedure: A. A resolution of intent to amend or repeal, setting forth the particular amendments if applicable, shall be adopted by affirmative vote of 4/5 of the entire membership of the Board. Said resolution may be adopted only if it is a regularly scheduled agenda item and part of the published agenda of a regular meeting. B. Following adoption of said resolution, the Clerk shall publish notice of intent to consider as provided in Section 125.66, Florida Statutes, however, a public hearing on the adoption of the amendatory or repealing ordinance shall not be held sooner than thirty (30) days nor more than forty-five (45) days from the adoption of the resolution. C. The amendatory or repealing ordinance shall require the affirmative vote of 4/5 of the entire membership of the Board. 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 SECTION SEVEN: 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. Words underlined are added; Words s~ue~th~e~h are deleted. 8 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 26th day of M~%y · 1987. AT~EST :' By:~ ";~%p~ad as to form and legal sufficiency: Kenneth B. CuylerJ County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA 150 Words underlined are added; Words st~ue~th~o~h are deleted. STATE OF FLORIDA ) COU.~;TY OF COLLIER ) I, JAMES C. GILES, Clerk of Courts in and for the Twentieth Judicial Circuit, Col!let County, Florida, do hereby certify that the foregoing is a true copy of: ORDI}:A.~:CE .~IO. S7-¢3 wh!ck :.:as adopted by the Board of County Commissioners on the 2~th day of May, 1987, during Regular Session. WITr~ESS my hand and the official seal of the Board of County Commissioners of Col!let County, Flcrlda, this 27st day of May, 1987. JAMES C. GILES Clerk- of Courts and Clerk Ex-officio to the Board of Co.~..z Corn .... ~.~.o.e. o Deputy Clerk ~-~..- .", · ~ ~..~' ., · '. ~' , ...'~-~?: . , ' ,oo, 027