Sec. 2-76. - Citation.

Any reference to "county manager" in this Code or existing or future ordinances, resolutions, minutes, legal instruments and other documents shall be understood to refer to the "county administrator."

(Ord. No. 93-72, § 1)

Sec. 2-77. - Appointment, qualifications, compensation and vacancy.

(a)

The county shall have a County Administrator appointed by the Board of County Commissioners, which officer 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 has authority to control pursuant to F.S. ch. 125, pt. III (F.S. § 125.70 et seq.), the general laws of Florida, and other applicable legislation.

(b)

The County Administrator shall be qualified by administrative and executive experience and ability to serve as the Chief Administrator of the county. The County Administrator shall be appointed by an affirmative vote of not less than three members of the Board 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 a hearing is requested by the County Administrator; provided, however, such removal shall occur no sooner than 14 days after adoption of a resolution of intent to terminate the employment of the County Administrator. The County Administrator need not be a resident of the county at the time of appointment, but during tenure in that office must reside within the county.

(c)

The compensation of the County Administrator shall be fixed by the Board unless otherwise provided by law.

(d)

The Office of County Administrator shall be deemed vacant if the incumbent County Administrator moves his 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 may appoint an Acting County Administrator in the case of vacancy or temporary absence or disability until a successor has been appointed or the County Administrator returns.

(Ord. No. 93-72, § 2)

State law reference— Appointment of County Administrator, F.S. § 125.73.

Sec. 2-78. - Powers and duties.

(a)

The County Administrator shall be responsible for the administration of all departments that are responsible to the Board and for the proper administration of all affairs under the jurisdiction of the Board. To that end, the County Administrator shall 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 and enforce all orders, resolutions, 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 deemed 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 for its consideration and adoption an annual operating budget, a capital budget and a capital program.

(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, and purchasing procedures.

(10)

Organize the work of county departments, subject to an administrative code developed by the County 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 except County Attorney. However, the employment of an Assistant County Administrator, the Executive Director of the County Airport Authority and all Division Administrators shall require confirmation by the Board.

(12)

Suspend, discharge, or remove any employee under the jurisdiction of the Board pursuant to procedures adopted by the Board.

(13)

Negotiate leases, contracts, and other agreements, including consultant services, for the county, subject to approval of the Board, and make recommendations concerning the nature and location of county improvements.

(14)

See that all terms and conditions in all leases, contracts, and agreements are performed and notify the Board of any noted violation thereof.

(15)

Order, upon advising the Board, any department under his jurisdiction as specified in the administrative code to undertake any task for any other agency on a temporary basis if he/she deems it necessary for the proper and efficient administration of the county government to do so.

(16)

Attend all meetings of the Board with authority to participate in the discussion of any matter.

(17)

Perform such other duties as may be required of the County Administrator by the Board.

(18)

The County Manager shall have the authority to provide the Board of County Commissioners and the Planning Commission with reports and recommendations with respect to matters before such bodies as directed by the Board of County Commissioners.

(b)

It is the intent of F.S. ch. 125, part III, and this division 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 Fla. Const. art. VIII, § 1(e). To this end, the above specifically enumerated powers are to be construed as administrative in nature, and in any exercise of governmental power the County 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 and carrying out its directives and policies.

(c)

No County Commissioner shall direct or request the appointment of any person to, or his removal from, Office by the County Administrator or by any of his subordinates, or in any manner take part in the appointment or removal of officers or employees in the administrative services of the county except as provided by this article. Neither the Board, nor any member thereof shall interfere in the performance of the duties of any subordinate of the County Administrator, either publicly or privately, except for the purposes of inquiry and information. A violation of the provisions of this section shall constitute malfeasance within the meaning of Fla. Const. art. IV, § 7(a). A violation of this section shall also be a violation of this division and shall be punishable by fine not to exceed $500.00 or by imprisonment in the county jail not to exceed 60 days, or by both such fine and imprisonment, or as otherwise may be provided by law.

(d)

Notwithstanding any of the foregoing, the powers and duties of the County Administrator herein defined shall not be construed to limit the right of the Board to retain and employ its own staff with such powers and duties as the Board may designate. This shall specifically include the right to retain legal counsel who shall report directly to the Board and who shall have sole responsibility for the management of the legal staff.

(e)

This Ordinance is the Collier County Airport-type Screening Ordinance, a Criminal Ordinance in the context of F.S. § 901.151, and other Florida Statutes. These provisions apply only to the Collier County Administration Building (W. Harmon Turner), the Immokalee Government Center, and the James V. Mudd Emergency Services Center. The County Manager is hereby authorized to adopt and amend Airport-type Screening Policies and Procedures subject to text approval by the County Attorney. The County Manager and designees of the County Manager are hereby authorized to conduct airport-type screening at the W. Harmon Turner Building, the Immokalee Government Center, and the James V. Mudd Emergency Services Center in accordance with those Policies and Procedures, and to have a walk-through magnetometer and x-ray machines installed and maintained at the security entrances of said buildings to which the Collier County Sheriff and all deputies shall not be subject and may enter the buildings while armed; also to hire Security Personnel subject to budgetary appropriations. As used herein "Security Personnel" means each individual then authorized by the County Manager or by an authorized designee(s) of the County Manager to conduct airport-type screening/searches or to administer any other provision(s) in those Policies and Procedures, which are exempt from public records disclosure as specified in F.S. ch. 119. Before viewing (or receiving) a copy those Policies and Procedures or any part thereof, each such individual, including each Security Personnel, must sign a confidentiality agreement agreeing not to disclose any of the contents of those Policies and Procedures. In addition to all enforcement provided for in F.S. § 125.69, any individual who violates any provision of this Ordinance, including breach of the confidentiality agreement, shall be subject to the enforcement provisions of Section 1-6 of Collier County's Code of Laws and Ordinances. Nothing herein shall be construed to affect any enforcement of any federal law, rule or regulation, or any Florida Statute, Florida rule or regulation that may be violated in the context of those Policies and Procedures.

(Ord. No. 93-72, § 3; Ord. No. 95-49, § 1, 9-12-95; Ord. No. 01-77, § 1, 12-11-01; Ord. No. 04-55, § 2.G.; Ord. No. 2006-03, § 1; Ord. No. 2011-11, § 1)

State law reference— Authorized powers and duties of county administrator, F.S. § 125.74.

Secs. 2-79—2-100. - Reserved.