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Ordinance 84-44ORDINANCE NO. 84 - ~. AN ORDINANCE TO SET FORTH THE RESPONSI- BILITIES OF THE BOARD OF COUNTY COMMIS- SIONERS AND THE COUNTY MANAGER FOR ADMINISTERING THE LAWFUL DUTIES OF THE BOARD OF COUNTY COMMISSIONERS~ PROVIDING AUTHORITY, DUTIES AND RESPONSIBILITIES OF THE COUNTY MANAGER~ PROVIDING FOR APPOINTMENT AND ADMINISTRATION OF COUNTY PERSONNEL~ PROVIDING PROCEDURE FOR APPOINTMENT AND DISMISSAL OF THE COUNTY MANAGER~ PROVIDING DEFINITION OF DUTIES OF COUNTY MANAGER~ PROVIDING FOR AMEND- MENT AND REPEAL OF THIS ORDINANCE; REPEALING ORDINANCE NO. 80-77, AS AMENDED; PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 125, Florida Statutes, authorizes the Board of County Commissioners of Collier County to provide for effective administration for the adequate and efficient provision of services to the citizens of Collier County~ and WHEREAS, the Board of County Commissioners of Collier County believes the foregoing objective may best be realized by placing in the hands of the County Manager the multitude of details which necessarily arise in the operations of County government, so that the Board of County Commissioners may perform freely and without unnecessary interruption, its fundamental purpose and function of making policies within the framework of law applicable to County government within this State; and WHE. REAS, the Board of Commissioners desires to provide an outlined structure for the economic and efficient conduct of County affairs by placing responsibility upon the County ~anager for handling all things necessary to accomplish and bring to fruition the policies established by the Board of County Commissioners~ and WHEREAS, the Board of County Commissioners of Collier County further desires that the County Manager shall exer- cise all its diverse powers and duties which are administra- tive or ministerial in nature, excepting only those which relate directly to the offices enumerated in Article VIII, Section l(e), of the S~ate Constitution, to which end all powers specifically enumerated herein are to be considered adminisfm~a~ive in nature, so that in exercising any such governmental powez ~he County Manager shall only be perform- ing the duty of advising the Board of County Commis~ioners . in its role as policy forming body of the County; and NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that SECTION ONE: Authorityt .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 and for the proper administration of all affairs under the jurisdiction 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 duties as relate to the areas of County government which are assigned to him by this ordinance or by Board of County Commissioners action taken pur- suant thereto: A. Administer and carry out the directives and poli- cies of the Board of County Commissioners (the Board) and enforce all o.''.=zs, resolutions, ordi- nances, 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 the 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 recom- mendations on County government operations to the Board. D. Prepare and submit to the Board of County Commis- sioners for its consideration and adoption an annual operating budget, a capital budget and a capital program. Ge Establish the schedules and procedures to be followed by all County departments, offices and agencies responsible to the Board of County Com- missioners in connection with the budget and su- pervise and administer all phases of the budgetary process. Prepare and submit to the Board after the end of each fiscal year a complete report on the adminis- trative activities of the County for the preceding year and submit his recommendations. Supervise the care and custody of all County property. Provide to the Board a current position classi- fication and pay plan for all positions in County service. Develop, install, maintain centralized budgeting, personnel, and purchasing procedures in coordina- tion with the Clerk of the Circuit Court's office. Organize the work of County departments, and review the departments, administration, and opera- ~ion of the County and make recommendations per- taining thereto for reorganization by the Board. Select, employ and supervise all personnel and fill all vac~!ncies, positions or employment under the jurisdiction of the Board. However, the employment of all division administrators shall require confirmation by the Board of County Commis- sioners. Suspend, discharge, or remove any employee under the jurisdiction of the Board, pursuant to pro- cedures adopted by the Board. Negotiate leases, contracts, and other agreements, including consultant services, for the County, subject to approval of the Board, and make recom- mendations concerning the nature and location of County improvements. N. See that all terms and conditions in al~ 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 to undertake any task for any other agency on a tempora~ basis if he deems it necessary for the proper and efficient adminis- tration 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. 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 ~e 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 subordi- nates, 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 administraCive 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 viola- tion of the provisions of this section shall constitute malfeasance within the meaning of Article IV, Section ?(a) of t~e Florida Constitution. A violation of this section shall also be a violation of this Ordinance and shall ba punishable by fine not to excesd $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 and Dismissal Procedures for the County Manager 1. The County Manager shall be appointed by a 3/5 vote of the entire membership of thc Board and shall serve at the will of the Board except as otherwise provided herein and shall not be given a fixed term by resolu- tion, ordinance, contract or otherwise. His salary shall be fixed by the Board and he shall not accept, for his own uss, any commissions, rebates, discounts or gratuities of any kind. For any violation of this provision, the Manager shall be summarily dismissed, any other provision of this Ordinance notwithstanding. 2. The County Manager may be dismissed or disciplined only through a resolution imposing such dismissal or disci- pline adopted by an affirmative vote of 3/5 of the entire membership of the Board. Said resolution may be adopted only through the following procedure: A. A resolution of intent to impose dismissal or dis- ciplinary action shall be adopted by an affirma- tive vote of 3/5 of the entire membership of the board only after 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. The resolution shall state that dismissal or a specific disciplinary action is sought to be imposed, and no disciplinary action more severe than that specified in the resolution may be i~,posed and shall specify with particularity the specific acts or omissions for which disciplinary ac~/on is sought. e C, Following ~he adoption of 'the resolution declaring the Board's intent to impose dismissal or discL- plinary action, the Manager shall have the right, within ten (10) days following the adoption of said resolution to request a hearing prior to the adoption of the resolution imposing dismissal or disciplinary action. At said hearing, the Board shall have the burden of presenting substantial competent evidence to show the truth of charges for which dismissal or disciplinary action is sought. The Manager shall have the right, either personally or through counsel, to rebutt said charges, and to cross examine any witness against him. In the event a resolution imposing dismissal or disciplinary action is not adopted following said hearing, or if the disciplinary action or dismissal should be set aside by a court, the Board shall pay the Manager's reason- able attorney's fee. D. The resolution imposing dismissal or disciplinary action may not be adopted less than thirty (30) days following the adoption of the resolution declaring the intent to impose such action. E. The resolution imposing dismissal or disciplinary action shall similarly be placed on a published agenda and considered only at a regular meeting of the board. As an alternative to this procedure described above, the Manager may be dismissed without cause by the adoption of a resolution of dismissal adopted in accor- dance with the following procedure: A. A resolution of intent to dismiss shall be adopted by affirmative vote of 4/5 of the entire member- ship of the Board at a regularly scheduled meeting if such resolution is a regular agenda item, published aa par= of the regular board agenda for ~hat meeting date. B. Following the adoption of a resolution declaring an intent to dismiss, no resolution imposing dis- missal may be adopted for at least thirty (30) days. C. The resolution imposing dismissal shall be effec- tive only when affirmatively voted upon by 4/5 of the entire membership of the Board at a regular meeting of the Board where said resolution is part of the published agenda for such meeting. 4. To perform his duties during his temporary absence or disability, the Board of County Commissioners may appoint some properly qualified person to perform the duties of the manager until he shall return, or his disability shall cease. SECTION FOUR: Definition of Duties It is the intent of the Board to grant to the County Manager only those powers and duties which are administrative or ministerial in nature and not to delegate any governmental power imbued in ~he Board of County Commissioners as the governing body of the County pursuant to s. l(e), Art VIII of the State Constitution. To that end, the above specific- ally enumerated powers are to be construed as administrative in nature, and an any exercise of governmental power the Manager shall only be performing the duty of advising the Board of County Commissioners in its role as the policy- setting governing body of the County. 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. Following adoption of said resolution, ~he Clerk shall publish notice of intent to consider aa provided in Section 125.66, Florida Statutes, however, a public hearing on the adoption o£ the amendatory or repealing ordinance shall not be held sooner than thritM (30) dams nor more than fortM-five (45) dams from the adoption of the resolution. C. The amendatory or repealing ordinance shall re- quire the a£firmative vote of 4/5 of the entire ~ membership of the Board. SECTION SlX: Repeal of Ordinance No. 80-77t As Amended Ordinance No. 80-77, as amended, is hereby repealed. SECTION SEVEN: Effective Date This Ordinance shall become effective upon receipt of notice that it has been filed with the Secretary of State. PASSED AND DULY ADOPTED ~his 12~h day of June, 1984. J. REAGAN, p.k~rk %~ ".Approvals to ~, and legal Burg L. Saunders Collier County Attorney BS/sgg/55-M 5/16/84 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DAVID C. BROWN, q~HAIRMAN Thle ordk~o.ce f'ed with the ,~,tory of~tate's Office o~ ~k~ge~nt of t~t STATE OF FLORIDA ) COUNTY OF COLLIER ) l, WILLIAM J. REAGAN. Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certi£y that the foregoing is a true original ors ORDINANCE NO. 84-44 which was adopted by the Board of County Commissioners during Rogular Session the 12th day June~ 1984. WITNESS my band and the official seal of the Board of County Commissioners of Collier County, Florida, this 15th day of June, 1984. WILLIAM J. REAGAN Clerk of Courts and Clerk Ex-Officio to Board of County Commtssioner8%%~§t~t~'. . ...... ~: ~', ~ .(, -: uepucy ~Ae~K ~. ~, · ' :