Okaloosa County BOCC — December 1, 2015 — County Manager Ordinance — reading text

ORDINANCE __________ A ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY ADOPTED UNDER IT HOME RULE POWERS; AMENDING AND ADOPTING PROVISIONS OF CHAPTER 2, ARTICLE III RELATING TO THE CREATION AND POWERS OF THE COUNTY ADMINISTRATOR; MODIFYING THE NAME OF THE POSITION; CLARIFYING THE AUTHORITY OF THE COUNTY ADMINISTRATOR; ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners previously created in 1993 the position of County Manager to provide administration of the various departments and the functions of the County; and WHEREAS, over the years, the title of the position has been changed to County Administrator, however the Ordinance creating and governing the position has not been modified; and WHEREAS, certain changes in the authority of the county and in the performance of its administrative functions have been implemented which have not been incorporated within the provisions of the Ordinance; and WHEREAS, the Board desires to amend the Ordinance to clarify and modify those provisions and adopt this Ordinance and provisions under its Home Rule Powers granted pursuant to the Constitution and Laws of the State of Florida. NOW THEREFORE, the Board of County Commissioners of Okaloosa County does enact the following changes to Chapter 2, Article III, sections 2-81 through 2-87 of the Code of Okaloosa County. 1  Section 1. The title of Chapter 2, Article III and Section 2-81 of the Code of Okaloosa County is amended and readopted as follows: Chapter 2. - Administration Article III. – County Manager Administrator Sec. 2-81. – Authority. This article is enacted pursuant to Chapter 74-193, Laws of Florida, enacted as Part III, Chapter 125, Florida Statutes, the Home Rule Powers granted to the county under the Constitution and laws of the State of Florida, for the purpose of creating the office of County Manager Administrator for Okaloosa County, Florida; and providing for the appointment, qualifications, compensation, powers and duties of that office. Section 2. Section 2-82 of the Code of Okaloosa County is amended as follows: Sec. 2-82. - Created. The office of county manager administrator is hereby created. The county manager administrator shall be the administrative head of the county and shall be responsible for the administration of all departments of the county government which the board of county commissioners has authority to control pursuant to this act, the Constitution of the State of Florida, the general laws of Florida and other applicable legislation. Section 3. Section 2-83 of the Code of Okaloosa County is amended as follows: Sec. 2-83. - Requirements. The county manager administrator shall be qualified by administrative and executive experience and ability to serve as a chief administrator of the county and shall meet such requirements as established by the board of county commissioners the following requirements: graduation from an accredited college or university 2 with a bachelor's degree in public administration, or related field. City or county management experience preferred. Section 4. Section 2-84 of the Code of Okaloosa County is amended as follows: Sec. 2-84. - Appointment. The county manager administrator shall be appointed by an affirmative vote of not less than three members of the board of county commissioners and may be removed at any time by an affirmative vote, upon notice, of not less than three members of the board after a hearing, if such be requested by the county manager administrator. The manager administrator need not be a resident of the county at the time of appointment, but shall have three months to change resident status to Okaloosa County. Section 5. Section 2-85 of the Code of Okaloosa County is amended as follows: Sec. 2-85. - Compensation. The compensation of the manager administrator shall be fixed by the board of county commissioners unless otherwise provided by law. Section 6. Section 2-86 of the Code of Okaloosa County is amended as follows: Sec. 2-86. - Vacancy. The office of the county manager administrator shall be deemed vacant if the incumbent moves residence from the county or is, by death, illness or other casualty unable to continue in office. A vacancy in the office shall be filled in the same manner as the original appointment. The board of county commissioners may appoint an acting county manager administrator in the case of vacancy or temporary absence or disability until a successor has been appointed and qualified or the manager administrator returns. If the board fails to make such an appointment or if there is a vacancy in the office of county manager administrator, the board of county commissioners shall perform delegate or assign to an officer or employee of the county, those responsibilities or duties of the county manager 3 administrator that are required to be performed by the administrator under the law. during a temporary absence, disability or during a vacancy in the office. Section 7. Section 2-87 of the Code of Okaloosa County is amended as follows: Sec. 2-87. - Powers and duties. The county manager administrator shall be responsible for the administration of all departments responsible to the board of county commissioners and for the proper administration of all affairs as directed by the board. The board of county commissioners shall have the ability to delegate such powers and duties to the county administrator as it deems appropriate and all such powers and duties so delegated shall be deemed to be administrative functions necessary for the operation of the county. To that end, the manager administrator may, by way of enumeration and not by way of limitation, have the following specific powers and duties to: (1) Administer and carry out the directives and policies of the board of county commissioners and to implement all orders, resolution, ordinances and regulations of the board to assure that they are faithfully executed. (2) 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/she deems necessary for the improvement of the county and the welfare of its residents. (3) Provide the board, or individual members thereof, upon request, with data or information concerning county government and to provide advice and recommendations on county government operations to the board. (4) Prepare and submit to the board of county commissioners for its consideration and adoption an annual operating budget, a capital budget, and a capital program by July 15. 4 (5) Establish the schedules and procedures to be followed by all county departments, offices, and agencies in connection with the budget and supervise and administer all phases of the budgetary process. (6) 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 recommendations. (7) Supervise the care and custody of all county property. (8) Recommend to the board a current position classification and pay plan for all positions in county service. (9) Develop, install and maintain centralized budgeting, personnel, legal, and purchasing procedures. (10) Organize the work of county departments subject to an administrative plan developed by the manager 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. (11) Select, employ and supervise all personnel, and fill all vacancies, positions or employment under the jurisdiction of the board, pursuant to the policies and procedures adopted by the board; provided, however, the employment of all department heads shall require confirmation by the board of county commissioners. (12) Suspend, discharge or remove any employee under the jurisdiction of the county manager administrator, pursuant to the policies and procedures adopted by the board. (13) Negotiate leases, contracts, and other agreements, including consultant services, for the county, subject to approval of the board either by the board or pursuant to the policies and procedures adopted by the board, and make recommendations concerning the nature and location of county improvements. 5 (14) Order, upon advising the board, any agency under his/her jurisdiction to undertake any task for any other agency on a temporary basis if deemed necessary for the proper and efficient administration of the county government to do so. (15) Attend all meetings of the board, being authorized to participate in the discussion of any matter. (16) Perform such other duties as may be required by the board of county commissioners. (17) Annually present to the board a report on the administration of the county which shall include an organizational chart. The above powers and responsibilities shall be deemed to constitute administrative functions of the county and they may be delegated by the county administrator to those employees under his supervision. Section 8. Effective Date. This Ordinance shall be filed with the Secretary State within ten (10) days of adoption and shall become effective upon filing. 6  PASSED AND ADOPTED in Regular Session this ____ day of _____________, 2015. BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY ATTEST: Clerk of Court Nathan D. Boyles Chairman APPROVED AS TO FORM: Gregory T. Stewart County Attorney 7