Sec. 102-26. - Title.

This article shall be known as the "Collier County Personnel Ordinance."

(Ord. No. 96-40, § 1, 7-23-96; Ord. No. 01-50, § 1, 9-11-01)

Sec. 102-27. - Findings.

(a)

The Board of County Commissioners of Collier County hereby finds that the competent, professional and efficient administration of county government and, specifically, matters of human resources, requires the passage of this article. The board further finds that it is in the public interest to separate the functions of the establishment of human resources policies and the administration of said policies between the board and the county administrator, respectively. This approach is hereby found to promote the board's legitimate policymaking function while at the same time avoiding excessive bureaucratic review by allowing the county's professional administrator and his staff to manage human resources through appropriate rules, practices and procedures.

(b)

Pursuant to Collier County Ordinance No. 93-72, as amended, the board hereby finds that the administration of personnel policies with regard to the office of the county attorney shall be within the exclusive province of the county attorney.

(c)

Notwithstanding anything to the contrary in Collier County Ordinance No. 93-72, as amended, the board hereby finds that the administration of personnel policies by the county administrator shall hereby include, but not be limited to, the power of the county administrator to: create and approve position classifications and pay plans for all positions in county service; to create and approve the procedures to suspend, discharge or remove any employee under the jurisdiction of the board and to otherwise administer the personnel policies established by the board.

(Ord. No. 96-40, § 2, 7-23-96; Ord. No. 01-50, § 2, 9-11-01)

Sec. 102-28. - Authority, purpose and personnel policy goals.

(a)

Authority. This article is enacted pursuant to the power to carry on county government granted to the board of county commissioners by F.S. ch. 125.

(b)

Purpose. It is the purpose of this article to establish that it is exclusively the board of county commissioners that has the authority to establish personnel policies. It shall be the exclusive authority of the county administrator and/or his staff (with the exception of personnel administration relating to the office of the county attorney) to implement the board's policies and to create any necessary rules, practices and procedures for the administration of the board's policies. The county administrator is hereby further authorized to assemble the personnel policies and procedures in a compilation to be known as the Collier County Human Resources Practices and Procedures Manual. The policies in said manual shall be changed only upon majority vote of the full board of county commissioners. Changes to any rules, practices or procedures implementing the board's policies may be made by the county administrator without the necessity of board approval.

(c)

Policy goals. Collier County personnel policies shall adhere to the following goals:

(1)

No discrimination shall be permitted because of political affiliation, race, religion, national origin, physical disability, age or sex, except where age, sex or physical disability are a bona fide occupational qualification.

(2)

Working conditions, benefits and salaries shall be equitable and will attract and retain capable employees.

(3)

Recruitment, selection, and advancement of employees shall be based on relative ability, knowledge, skill and past performance.

(4)

Employees shall be trained to assure high quality performance and encouraged to attain the highest level of professionalism.

(5)

Employees shall be protected against coercion for partisan political activities and are prohibited from using their official authority for the purpose of interfering with or affecting the result of an election or a nomination for office.

(6)

A procedure shall be established for the presentation and adjustment of employee complaints based on alleged inequitable treatment resulting from conditions of their employment or based on alleged inequitable treatment resulting from conditions of their employment or based on alleged discrimination, provided that the alleged discrimination otherwise violates applicable federal or state law; and provided further that nothing herein is intended to create an expectation of continued employment or a property right in employment.

(Ord. No. 96-40, § 3, 7-23-96; Ord. No. 01-50, § 4, 9-11-01)

Sec. 102-29. - Scope and application.

This article shall apply to all employees of the Board of County Commissioners of Collier County, Florida. This article shall not apply to the following categories of persons:

(1)

The members of the board of county commissioners, other elected officials, and persons appointed to fill positions under the jurisdiction of such other elected officials, unless or until said elected officials voluntarily agree to operate under the provisions of this article;

(2)

Members of appointed or elected boards and any members of any county created authority;

(3)

Persons employed to conduct a temporary or special inquiry, investigation, examination, service, or project on behalf of the board of county commissioners, or a committee thereof;

(4)

Volunteer personnel who receive no regular compensation from Collier County, Florida;

(5)

Persons performing work under contract for the county, who are not carried on the payroll as employees.

(Ord. No. 96-40, § 4, 7-23-96; Ord. No. 01-50, § 4, 9-11-01)

Sec. 102-30. - Personnel policy creation and administration.

(a)

The board of county commissioners shall have the exclusive authority to approve personnel policies by majority vote of the full board. The majority vote of the full board shall also be required to amend or otherwise change personnel policies. The existing and current personnel policies contained in Exhibit "A"* attached hereto and found in the Collier County Human Resources Practices and Procedures Manual, are hereby ratified and approved.

(b)

The county administrator and/or his staff (with the exception of personnel administration relating to the office of the county attorney) shall have the exclusive authority for implementing board personnel policies by creating and setting personnel rules, practices and procedures for administration of the board's policies. Said rules, practices and procedures shall be compiled, along with the Board's policies, in the Collier County Human Resources Practices and Procedures Manual. All rules, practices, procedures and administration shall conform to the personnel policies established by the board of county commissioners.

(Ord. No. 96-40, § 5, 7-23-96; Ord. No. 01-50, § 5, 9-11-01)

Editor's note—

* Exhibit "A" is not set out herein but is available for public inspection in county offices.