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HomeMy WebLinkAbout1982-10INDIAN RIVER COUNTY ORDINANCE NO. 82- 10 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA ESTABLISHING THE OFFICES OF THE COUNTY ADMINISTRATOR, THE COUNTY ATTORNEY AND THE SECRETARY TO THE COMMISSION PROVIDING FOR: TITLE; CREATION OF OFFICES; APPOINTMENT, COMPENSATION, VACANCY, REMOVAL; DUTIES OF THE COUNTY ADMINISTRATOR; DUTIES OF THE COUNTY ATTORNEY; DUTIES OF THE SECRETARY TO THE COMMISSION; NON-INTERFERENCE POLICY; INCLUSION IN THE CODE; SEVERABILITY; AND EFFECTIVE DATE. WHEREAS, it is the intent of this Ordinance to establish the office of the County Administrator, County Attorney, and Secretary to the Commission, such officers to report directly to the Board of County Commissioners of Indian River County, and WHEREAS, the Board of County Commissioners desires to establish a form of County administration that best assures an adequate and efficient provision of services to the citizens of this County and promotes the health, safety, welfare and quality of life of the County's residents, and WHEREAS, the County Administrator is charged with the responsibility of the multitude of details which must necessarily arise from the operation of a County as a unit of local govern- ment, thus enabling the County Commission to perform freely with- out unnecessary interruption its fundamental intended purpose of making policies within the framework of the law applicable to County governments in the State of Florida, and WHEREAS, the County Commission by this Ordinance intends to provide a structure for the economic and efficient conduct of County affairs by making the County Administrator responsible for handling all things necessary to accomplish the policies estab- lished by the Commission. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that; SECTION 1. TITLE. This. Ordinance shall be called the County Administration Ordinance. SECTION 2. CREATION OF OFFICES. There is hereby established the following County officers; -1- (a) The County Administrator (b) The County Attorney (c) The Secretary to the Commission. The County officers shall report directly to the County Commission. SECTION 3. APPOINTMENT, COMPENSATION, VACANCY, REMOVAL. A. APPOINTMENT - The County officers shall be appointed by an affirmative vote of not less than three (3) members of the County Commission at such time as a vacancy occurs in one of the offices. County Commissioners shall be ineligible to serve as County officers at any time. The County officers shall serve at the pleasure of the County Commission subject to the provisions of Section 3 (D). The Chairman of the Board of County Commissioners shall have the responsibility to expedite the replacement of County officers when a vacancy occurs. The Chairman shall also act as the liaison between the County Commission and the County officers in establishing efficient and effective operating policies and procedures for the officers. B. COMPENSATION - The compensation of the County officers shall be established and amended from time to time by the County Commission. Each officer shall be evaluated by the County Commission during the budget session of the Commission each year under such standards and in such a manner as determined by the Commission. C. VACANCY - A vacancy shall be considered to exist if the incumbent moves his residence from the County or is, by death, illness or other casualty, unable to continue in office, or resigns or is removed from office. D. REMOVAL FROM OFFICE - To remove a County officer, the Commission shall adopt a resolution stating the reasons for the intended removal and offer the officer an opportunity for a public hearing before the Commission on the matters raised. The resolution may suspend the officer from duty immediately with pay. The County officer must, within ten (10) days, request a public hearing or file a written response to the matters addressed in the -2- resolution or consider the removal from office effective on the 0 tenth day. If a public hearing is requested, it shall be held no earlier than twenty (20) days or later than thirty (30) days from adoption of the resolution. Upon conclusion of the public hear- ing, the Commission shall vote to remove or reinstate the officer. An affirmative vote of no less than three (3) members of the Commission is necessary for the removal of an officer. SECTION 4. DUTIES OF THE COUNTY ADMINISTRATOR. 1. The County Administrator shall be responsible for the administration of all departments and employees responsible to the Board of County Commissioners, with the exception of the County Attorney and staff and Secretary to the Commission and staff, and for the proper administration of all affairs under the jurisdiction of the Board. The Administrator's authority and duty shall include, but not be limited to the following specific powers and duties; (a) Administer and carry out the directives and poli- cies of the Board of County Commissioners and enforce all orders, resolutions, ordinances, and regulations of the Board in a fair, nondiscriminatory manner. (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 by October 1 of each year 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. (c) Provide the Board, or individual members thereof, upon request, with data or information concerning County govern- ment and to provide advice and recommendations on County govern- ment operations to the Board. (d), The Administrator is designated as the County Budget Officer pursuant to F.S. §129.025 and has the ultimate responsibility for preparation of the overall budget for the County and is hereby directed to work with the Clerk of the Circuit Court to prepare and submit to the Board of County Commissioners for its consideration and adoption an annual -3- 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 under the control of the County Commission 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 administra- tive activities of the County for the preceding year and submit his recommendations. (g) Supervise the care and custody -of all County pro- perty. (h) Recommend to the Board a current position classifi- cation and pay plan for all positions in County service. (i) Develop, install, and maintain centralized budget- ing, personnel, and purchasing procedures. (j) Organize the work of County departments, subject to an Administrative Code developed by the 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 jurisdic- tion of the Board with the exception of the employees of the other County officers. (1) Suspend, discharge, or remove any employee other than employees of the other County officers under the jurisdiction of the Board pursuant to personnel procedures adopted by the Board. (m) Negotiate leases, contracts, and other agreements, including consultant services, for the County, subject to the approval of the Board, and make recommendations concerning the nature and location of County improvements. (n) See that all terms and conditions and all leases, contracts, and agreements are performed and notify the Board of any noted violation thereof. (o) Order, upon advising the Board, any agency under -4- his jurisdiction as specified in the Administrative Code to under- take 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 discussions of any matter. (q) Perform any other duties as may be required of him or her by the Board of County Commissioners. 2. It is the intent of the County Commission 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 the County pursuant to Section 1 (e), Art. VIII of the State Constitution. To that end, the powers enumer- ated above are to be 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 5. DUTIES OF THE COUNTY ATTORNEY. The County Attorney shall be a member of the Florida Bar and shall be the legal adviser to the Commission, its boards and departments. The County Attorney shall be responsible for the administration of the County Attorney's office and staff and when necessary shall promote, suspend, demote or dismiss any employee in the office of the County Attorney in accordance with the personnel rules of the County. The County Attorney or his designee shall attend all County Commission meetings and render such professional services as may be required of him by the Commission or the laws of the State of Florida or the United States of America. The County Attorney shall provide provisional legal services to County government and is specifically prohibited from providing legal services for the personal benefit of County Commissioners, appointed Board members, County employees or members of the public. The County Attorney shall prepare an annual budget for the operations of the office and shall submit this budget to the Administrator for inclusion in the annual -5- County budget. SECTION 6. DUTIES OF THE SECRETARY TO THE COMMISSION. The secretary to the Commission shall be an individual of great integrity and proficiency in modern secretarial/ administrative technologies and be able to deal effectively with the general public. The secretary to the Commission shall be responsible for the administration of the office and staff and when necessary shall promote, suspend, demote or dismiss any employee in the office of the secretary to the Commission in accordance with the personnel rules of the County. The secretary shall aid the Commission and its individual members on the day to day basis in conducting the business of the Commission and shall be responsible for the preparation of the agenda for regular or special meetings of the Commission and any workshop sessions. The secretary to the Commission shall have such other duties as the Commission may designate. The secretary to the Commission shall prepare an annual budget for the operations of the office and shall submit this budget to the Administrator for inclusion in the a,..,,tal County Budget. SECTION 7. NONINTERFERENCE POLICY. The members of the Commission and members of appointed Boards and Committees of the Commission shall not interfere with the performance of the duties of any employee of County government who is under the direct or indirect supervision of the County officers. The Board of County Commissioners and appointed boards and committees or members thereof shall deal with County affairs through the offices of the respective County officers. All employees shall report any such interference through normal lines of authority to the respective County officers who will bring the matter to the attention of the offending County Commissioner prior to presentation, if necessary, to the County Commission. SECTION 8. INCORPORATION OF ORDINANCE IN COUNTY CODE. Provisions of this Ordinance shall be incorporated into the County Code and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this Ordinance may be renumbered or relettered to accomplish -6- such intentions. SECTION 9. SEVERABILITY. If any section, part of a section, paragraph, sentence, clause, phrase or word of this Ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding or invalidity shall not affect the remaining portions of this Ordinance; and it shall be construed to have been the legislative intent to pass this Ordinance without such unconstitutional, invalid or inoperative part therein, and the remainder of this Ordinance after the exclusion of such part or parts shall be deemed to be valid as if such part or parts had not been included therein, or if this Ordinance or any of the provisions thereof shall be held inapplicable to any person, groups of persons, property, kinds of property, circumstances or set of circumstances, such holdings shall not affect the applicability thereof to any other person, property or circumstances. SECTION 10. EFFECTIVE DATE. The provisions of this Ordinance shall become effective upon receipt from the Florida Secretary of State of official acknowledgment that this Ordinance has been filed with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida this 2nd day of June , 1982. INDIAN RIVER COUNTY BY ITS BOARD OF COUNTY COMMISSIONERS By ".-Xi G DON C. SCURLOCK, JR. Chairman Acknowledgment by the Department of State of the State of Florida this 97.11 day of a,psUA-- , 1982. Effective Date: Acknowledgment from the Department_of State received on this /fl- day of l/A444't' , 1982, ae* M.tP-,<. and filed in the office of the Clerk of the Board of County Commissioners of Indian River County, Florida. ApprovedA to form and legal su ,icien By. z�� GAR M. RANDENBURG, C unty Attorney STATE -7- OF FLORIDA INDIAN RIVER COUNTY THIS IS TO CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE IN THIS OFFICE. FRED0A,�WRIGHT, .C/LEFKK BY D4E 6_._7 - AL'