Loading...
Ordinance 78-18ORDINANCE NO. 78-18 AN ORDINANCE TO SET FORTR THE RESPONSI- BILITIES OF THE BOARD OF COUNTY COMMIS- SIONERS AND THE COUNTY MANAGER FOR AD- MINISTERING THE LAWFUL DUTIES OF THE _~ BOARD OF COUNTY COMMISSIONERS, AND ~_ ~ PROVIDING A DEFINITION OF THE OFFIC~ ~ :~ oF CouNTY '. ACER AND PRESCRIBING AUTHORITY, DUTIES AND RESPONSIBILITE~ ~ '-c~ ~ THEREOF: PROVIDING AN EFFECTIVE DAT~? ~: ~ WHEREAS, Chapter 125 Florida Statutes~ ~thori~%s the Bard 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 WHEREAS, the Board of Commissioners desires to provide an outlined structure for the economic and ~ci~t conduct of county affairs by placing responsibility _~on t~e County Manager for handling all things necessary to ~om~is~r1 and bring to fruition the policies established by t~oa~ ~ of County'Commissioners, and ~ ~ WHEREAS, the Board of County Commissioners of Collier County further desires that the County Manager shall exercise all its diverse powers and duties which are administrative or ministerial in nature, excepting only those which relate directly to the offices enumerated in Article VIII, Section l(e), of the State Constitution, to which end all powers specifically enumerated herein are to be considered administrative in nature, so that in exercising any such Draft ~2 ' 11/16/77 008 governmental power the County Manager shall only be performing the duty of advising the Board of County Commissioners in its role as policy forming body of the County, and WHEREAS, the Board of County Commissioners recognizes that the authority and responsibility of the County Manager, as defined herein, are limited to such activities and functions as are fixed in the Board of County Commissioners by the general, and specific laws of the State of Florida and by ordi~ances of Collier County, NOW, THERFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that SECTION ONE: AUTHORITY, DUTIES AND RESPONSIBLITIES OF THE COUNTY MANAGER. 1. The Manager shall be responsible for the administration' of all departments responsible to the Board of County Commissioners and for the proper a~ninistration 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 to: a. Administer and carry out the directives and policies of the Board of County Commissioners 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 he deems necessary for the improvement of the County and the welfare of its residents. Draft thereof, upon request, with data or information concerning government and to provide advice and recommendations on County government operations to the Board. d. Prcpare 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' a~d 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 the County for the preceding year and submit his recommendations. g. SupDrvise 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, 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 department heads shall require confirmation by the Board of County Commissioners. Draft i~2 11/16/77 1. 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 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 govern- ment 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. Notwithstanding any of the foregoing, the authority duties and responsibilities of the County Manager herein defined shall not be constrhed to limit the right of the Board of County Con~issioners 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 manage- ment of the legal staff. 3. It is the intent of the Legislature to.;rant 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 the County pursuant to s.l(e), Art; VIII of the State Constitution· To that end, .the above specifically enumerated powers are to ~e \ construed as administrative in nature, and in any exercise of governmental power the administrator 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 TWO: This ordinance shall become effective upon receipt of notice that it has been filed with the Secretary of State. Date May'9,'1978 BOARD OF C~UNTY COMMISSIONERS COLLIER ~O~NTY, FLORIDA ~iALITY 'Donald A.'-'Fickworth Collier County Attorney STATE OF FLORIDA ) COUNTY OF COLLIER ) I, WILLIAM J. REAGAN, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true original of Ordinance No. 78-18 which was adopted by the Board of County Commissioners during Regular Session May 9, 1978. . WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, Draft 11/16/77 this 10th day of May, 1978. .' ,, , WILLIAM J. REAGAN ' -.. %% ~ t,; Z., Clerk of Courts an~d~l~k'E.x~-~ficio · ~ ,..., ;.,.</. ,. :;.. ¢-. '.~% , ;..j .-. ¢' '.: , o, ~..' f. ~,, · : ,¢... ,;,.. '.. ,. .. ~, ': ...