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Home My WebLink About1990-186/19/90(ORD1)Legal(Ob) �y ORDINANCE 90-_Z8 AN ORDINANCE OF INDIAN RIVER CUUNIY, FLORIDA ESTABLISHING CHAPTER 101 - GOVERNMENT ORGANIZATION; PROVIDING REPEAL; PROVIDING SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the Board of County Comm-iss-ioners—o-f-ndian—R-iver Count, that-' SECTION 1. GOVERNMENT ORGANIZATION. Chapter 101 - Government Organization of Title I as set forth in Attachment A to this ordinance is hereby adopted. SECTION 2. REPEAL. Those portions of the Indian River County Code (1974 edition) superseded or in conflict with the provisions herein adopted, in particular Chapter 1, are hereby repealed. SECTION 3. If any section, or if any sentence, paragraph, phrase, or word of this ordinance is for any reason held to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance, and it shall be construed to have been the legislative intent to pass the ordinance without such unconstitutional, invalid or inoperative part. SECTION 4. EFFECTIVE DATE. This ordinance shall become effective upon conjJM.dilIIn_frIllLthP__Secretary of State. Approved and adopted by the Board of County Commissioners o Ind RIve�un—ty, Florida, orrrthis _t8 day of September____, 1990. SmeadSoft Reprint Date: Monday, August 12, 2013 - 15:19:14 - OfficialDocuments:668, Attachment Id 0, Page 1 This ordinance was advertised in the Vero Beach Press -Journal on the 24_ day of "d ,--_, 1990, for a public hearing to be held on the 1E__ day of ce4taabar, 19910, at which time it was moved for adoption by Commissioner Bird seconded by Commissioner Scurlock and adopted by the following vote: Ibis+rma n—CaT-o-J yn—K K. Eggert W Vice Chairman Richard N. Bird Aye_—_ Commissioner Margaret C. Bowman A Y -e ---- Commissioner Don C. Scurlock, Jr. Ay -e Commissioner Cary C. Wheeler Avp `''C l e rk J v 5 ` Acknowledgment by the Department of State of the State of Florida, this 21st day of SeptembeL_r . 1990.' Effective date: Acknowledgment from the Department of State received on this 21st day of StLLember 1990, at 10:30 a.m./p.m. and filed in the Office of"tTie Clerk of the hoard of County Commissioners of Indian River County, Florida. SmeadSoft Reprint Date: Monday, August 12, 2013 - 15:19:14 - OfficialDocuments:668, Attachment Id 0, Page 2 6119/90.1(Code)Legal(Vk) ATTACHMENT --"A" CHAPTER 101.' GOVERNMENT ORGANIZATION § 101,01, Composition of Board of. County Commissioners. § 101.02, Chairman and Vice Chairman, § 101.03. County Officers, § 101.04. County Officers, Compensation, Vacancy. § 101.05. The County Administrator. § 101.06. The County Attorney. § 101.07. The Executive Aide to th " mm-iss*ot. § 101.08. Board - Employee Relationships. Section 101.01 Composition of Board of. County Commissioners There shall be a Board of County Commissioners consisting of five members elected at large by the electors of the County pursuant -to s-tate--1-aw. Section 101.02 Chairman -and aVice �Chairman 1. Election. Annually at the first meeting in January, the Board sh&Us-etecx--fr-om i_t-s members a Chairman and a Vice Chairman. 2. Duties. The Chairman shall preside at meetings of the Commission and shall be recognized as head of the county government for service of. process, ceremonial matters, and execution of contracts, deeds, and other documents. The Chairman shall have no administrative duties other than those necessary to accomplish these duties and any others as may be required by Florida law. 3. Absences. The Vice Chairman shall act as Chairman during the absence or disability of the Chai.rman. In the absence of the Chairman and Vice Chairman, the remaining commissioners shall select a Chairman pro tempore, Section 101.03 County Officers The Board shall employ a County Administrator, a County Attorney, and an Executive Aide to the Commission. These County Officers shall report directly to the Board. -Section 101.04 County Officers; Compensation; Vacancy, kemovaT 1, C-ompetrs-a-tion. The compensa-ti-Gn-and other details SmeadSok Reprint Date: Monday, August 12, 2013 - 15:19:14 - OfficialDocuments:668, Attachment Id 0, Page 3 6/19/90.1(Code)Legal(Vk) of employment may be agreed to by contract between the Board and the County Officers. 2. Vacancy. A vacancy shall be considered to exist if a County Officer resigns, is removed from office, or is unable to continue in office by reason of death, illness, or other cause. The Board shall declare when vacan^cyexis-ts. 3: Removal. A County officer may be removed by the Commission pursuant to the removal provisions of the contract of hire or if there is no contract or removal provision in the contract then the County Officer may be removed by the Commission with a minimum of sixty (60) days notice or immediately with a minimum of sixty (60) days severance pay. Section 101_05 The County Administrator 1.. The County Administrator shall be qualified by education, professional public service, and administrative and managerial ability. The Administra or shall be respons i�h for t dman1stra t i on ofa', depa r tm`^ts of the County except Constitutional Officers and their employees, the County Attorney and staff, and the Executive Aide and staff. The Administrator shall also be responsible for the proper admin -i -s t r -a ti o,n o#--a-l- a # f- -i-rs - u nde r the jurisdiction of the County. The administrator's authority and duty shall include, but not be limited to, the following powers and duties for areas under his jurisdiction: a. Formulate and initiate overall policies for present atio�he Board of County--Commiss on -yrs. b. Administer and carry out the directives ;and policies of the Board and enforce all orders, resolutions, ordinances, and regula,tions of. the Boa-rd i n a f a -i -r , no ndi-s c -r -i ria -i ria to�-ma-nn e -r , c. U Provide the Board, upon request, with information concerning County government provide advice and recommendations on government to the Board. data or and to County Supervise the care and custody of all County property, e. Develop and implement a position classification and pay plan for all positions in County beivice. SmeadSok Reprint Date: Monday, August 12, 2013 - 15:19:15 - OfficialDocuments:668, Attachment Id 0, Page 4 6/19/90,1(Code)Legal(Vk) f. Develop, install, administer, and maintain personnel and purchasing procedures. g. Organize the work of County departments and determine the.organization of some, h. Select, employ, and supervise all personnel and fill all vacancies or positions. i. Suspend, discharge, or remove any employee subject to applicable personnel rules. j. 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. k. See that all terms and conditions and all leases, contracts, and agreements are performed and notify the Board of any noted violation thereof. I.. Attend meetings of the Board with authority to participate,in, the discussions of any matter. M. Establish County and employee incentive functions and to expend County funds for such purposes. This authorization shall include the right to spend money for employee awards, payments of the cost of employee functions, incentive programs, cash awards for incentive programs, supplying of materials, supplies, uniforms for County athletic teams, sick leave bonuses, retirement dinners or awards, and longevity awards. n. Prepare and submit to the Commission the annual county budget and capital program which shall include in separate sections the budget prepared and presented by the elected County officers for the annual operations and capital programs of their offices. The Administrator shall execute that part of the budget placed in the Administrator's charge in accordance with appropriations and ordinances adopted by the Commission. o. Regularly examine the accounts, records, and operations of every county department, office or agency under his direction, The Administrator shall make regular monthly reports to the 3 SmeadSoft Reprint Date: Monday, August 12, 2013 - 15:19:15 - OfficialDocuments:668, Attachment Id 0, Page 5 6/19/90.1(Code)Legal(Vk) Commission on county a.ffairs, keep the Commission fully advised of the financial condition of the. County, an Make recommena ions on county affal.rs as the Administrator deems desirable.' p. Represent the County and its interests with other units and levels of government. q. Perform any other'duties as may be required by the Board.. r. Prepare—the—agenda for regular or special meetings of the Commission and any workshop sessions, S. By letter filed with the Commission, designate a qualified county administrative officer or county eWl ee to exercise the powers and perform the duties of the Administrator during the ministrator s temporary absence or disability. Notwithstanding such designation, the Commission may by resolution designate a qualified person to perform the duties of the Administrator during ---the. absence, disabifity or suspension the Administrator or dmi 416:1 u,,, vacancy fn the office of Administration. t. It is the intent of the Commission to delegate no governmenta-1 power---o-f the Board o -f County Commissioners as the governing body of the County pursuant to Section 1(e), Article VIII of the .State Constitution. S_e_o-tt-on .1 TL_0 6 Th_e Conn tL A t t o_r-ney the County�l-ttorney smell be of the Florida Bar and shall be the legal adviser to the Commission, the other Board Officers, boards, and departments. The County Attorney shall be responsible for the administration of the County Attorney's Office and staff and when necessary shall hire, promote, demote, suspend,—o-r—l-i-smiss any employeei- the office of the County Attorney in accordance with the personnel rules of the County, The County Attorney or an assistant county attorney shall attend all County Commission meetings and render such professional services as may be required by the Commission or the laws of the State of Florida. The County Attorney shall prepare an annual budget for the operation of the office and shall submit this budget to the Administrator for inclusion in the annual County budget. Section 101.07 The—Executive Aide to the Commission. The Executive Aide to the Commission shall be an individual SmeadSok Reprint Date: Monday, August 12, 2013 - 15:19:15 - OfficialDocuments:668, Attachment Id 0, Page 6 6/19/90.1(Code)Legal(Vk) of great integrity and shall be proficient in modern secretarial and administrative technologies and be able to deal effectively with the general public, The Executive Aide to the Comm iss1on 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 Executive Aide to the Commission in accordance with the personnel rules of the county. The Executive Aide shall aid the Commission and its individual members on a day to day basis in conducting the business of the Commission. The Executive Aide to the Commission shall have such other duties as the Commission may designate. The Executive Aide to the Commission shall prepare an annual budget for the operation of the office and shall -submit this budget to the Administrator for inclusion in the annual county budget. Section 101,08 Board - Employee Relationship Except as proviclecrim- Sect 7on 1-0-1 03 neither the Board -nor any of its members shall in any manner dictate the appointment or removal of any County employee nor shall the Board or any of its members give orders or directions to any County employee. The Board or its members shall proceed on all matters through the appropriate Count -y o-f#-i-cr_—Nothing in' this section shall preclude a Board member from communicating with a County employee for the purpose of i nqu i -r -or i n f o rma tf-on. 5 SmeadSok Reprint Date: Monday, August 12, 2013 - 15:19:16 - OfficialDocuments:668, Attachment Id 0, Page 7