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HomeMy WebLinkAbout2012-034ORDINANCE 2012-034 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTIONS 100.02(4), 101.05 AND 101.08 OF THE CODE OF INDIAN RIVER COUNTY; DELETING REFERENCES TO THE EXECUTIVE AIDE; DELETING LANGUAGE REGARDING SUPERVISION OF COMMISSIONER ASSISTANTS; MAKING FINDINGS AND PROVIDING FOR SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the individual Commissioners are in need of administrative assistance in discharging the responsibilities of their office; and WHEREAS, the number of assistants assigned to the Commissioners, and the organizational structure of the assistants, has changed over the years, ranging in recent years from three assistants reporting to an Executive Aide, to five assistants reporting directly to the Commissioners (after elimination of the Executive Aide position in 2007), to the most recent arrangement of three assistants reporting directly to the Commissioners; and WHEREAS, despite elimination of the office of Executive Aide in 2007, references to the position still exist in sections 100.02(4) and 101.05 of the Code of Indian River County ("Code"), which references should be deleted; and WHEREAS, at its meeting on September 11, 2012, the Board of County Commissioners voted to reorganize the Commissioner assistants in a "pool" arrangement (such that each assistant will be available to assist each Commissioner), and to place the assistants under the supervision of the County Administrator, or his designee; and WHEREAS, in light of such reorganization, it is necessary to delete certain language from section 101.08 of the Code of Indian River County ("Code") relating to supervision of the Commissioner assistants, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: Section 1. Findings. The Board finds that the above "Whereas" clauses are true and correct, and hereby incorporates such clauses as findings of the Board. Section 2. Amendment of Section 101.08 of the Code. Sections 100.02(4), 101.05 and 101.08 of the Code of Indian River County, Florida, are hereby amended to read as follows (new language indicated by underline and deleted language indicated by strike'l'"e"" h): ORDINANCE 2012- 034 Section 100.02. Construction of Code; definitions. In the construction of the Code the following rules shall be observed unless this construction would be inconsistent with the clear intent: 1. General rule. The Code is subject to the same rules of construction as are Florida Statutes. 2. Board, commission. The words "board" or "commission" shall mean the board of county commissioners of Indian River County unless some other board or commission reference is evident. 3. County. The word "county" shall mean Indian River County. 4. County officer. The words "county officer" shall mean the county administrator, or the county attorney, or the eeutivo aide to the eemmiss Section 101.05 The county administrator. 1. The county administrator shall be qualified by education, professional public service, and administrative and managerial ability. The administrator shall be responsible for the administration of all departments of the county except constitutional officers and their employees; and the county attorney and staff, and the exee 4ive nide and s+aff, The administrator shall also be responsible for the proper administration of all affairs under 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 presentation to the board of county commissioners. b. Administer and carry out the directives and policies of the board and enforce all orders, resolutions, ordinances, and regulations of the board in a fair, nondiscriminatory manner. C. Provide the board, upon request, with data or information concerning county government and to provide advice and recommendations on county government to the board. d. Supervise the care and custody of all county property. e. Develop and implement a position classification and pay plan for all positions in county service. f. Develop, install, administer, and maintain personnel and purchasing procedures. g. Organize the work of county departments and determine the organization of same. FA ORDINANCE 2012- QM h. Select, employ, and supervise all personnel and fill all vacancies or positions. L 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. 1. 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 commission on county affairs, keep the commission fully advised of the financial condition of the county, and make recommendations on county affairs 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 employee to exercise the powers and perform the duties of the administrator during the administrator'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, disability or suspension of the administrator or during any vacancy in the office of administration. 3 ORDINANCE 2012- 034 t. It is the intent of the commission to delegate no governmental power of the board of county commissioners as the governing body of the county pursuant to section 1(e), article VIII of the state constitution. U. The county administrator, or his designee, after proper coordination with interested entities and review by the county attorney, may execute on behalf of the county releases of side or rear lot easements that are unnecessary because of the joining of lots to form a building parcel. If the application for release of easement is denied, the applicant may appeal the decision to the board of county commissioners. Section 101.08. Board -employee relations. Except as provided in section 101.03 and regard to s . .men—of their . )ner- assistant in meer-danee with personnel rules of the eett�, 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 county officer. Nothing in this section shall preclude a board member from communicating with a county employee for the purpose of inquiry or information. Section 3. Severability. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Section 4. Codification. It is the intention of the Board of County Commissioners that the provision of this ordinance shall become and be made part of the Indian River County Code, and that the sections of this ordinance may be renumbered or re -lettered and the word ordinance may be changed to section, article or such other appropriate word or phrase in order to accomplish such intention. Section 5. Effective Date. This ordinance shall become effective upon enactment by the Board of County Commissioners and filing with the Department of State. 4 ORDINANCE 2012- 034 This ordinance was advertised in the Vero Beach Press Journal, on the 25th day of ';Plot- ember , 2012, for a public hearing to be held on the 2nd day of October , 2012, at which time it was moved for adoption by Commissioner Flescher , seconded by Commissioner Davis , and adopted by the following vote: Chairman Gary C. Wheeler Alm Vice Chairman Peter D. O'Bryan Aye Commissioner Wesley S. Davis Aye Commissioner Joseph E. Flescher Aye Commissioner Bob Solari Aye The Chairman thereupon declared the ordinance duly passed and adopted this 2nd day of October , 2012. J �pMPwllssj 1� s Q BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: (-0 Gary C eeler, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court Approved as to form and legal sufficiency: and Comptroller By: (Ieo" - - Deputy Clerk Alan KEglackwich, Sr., County Attorney EFFECTIVE DATE: This ordinance was filed with the Department of State on the day of .2012. E