Sec. 2-826. - Policy declaration.

it is hereby declared to be the policy of the Board of County Commissioners to promote economy, efficiency and improve service in the transaction of the public business by county boards. Nothing in this division shall be construed to prohibit or restrict the county commission from amending or abolishing, at any time, any board currently in existence or thereinafter created.

(Ord. No. 01-55, § 1, 10-23-01)

Sec. 2-827. - Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

The term "board" is defined to include every agency, advisory board, regulatory board, quasi-judicial board, committee, task force or any other group created and funded in whole or in part by the Board of County Commissioners.

The term "commission" is defined as the Board of County Commissioners of Collier County, Florida.

(Ord. No. 01-55, § 2, 10-23-01)

Sec. 2-828. - Creation of new boards.

(a)

All boards created after the effective date of this division shall be created by ordinance only, except for ad-hoc or task force committees. Such ordinance shall set forth the board's purpose; functions; powers; responsibilities; jurisdiction; membership requirements and restrictions; terms and conditions of appointment to and removal from the board; and the specific staff support necessary to prepare an annual report, either oral or written, to be presented to the commission.

(b)

Prior to the advertised public hearing held for the adoption of said ordinance, the county manager shall submit to the commission a report setting forth following information concerning the proposed new board:

(1)

Whether the establishment of the board will create sufficient betterment to the community to justify the commission's delegation of a portion of its authority.

(2)

Whether another board, either public or private, already in existence, could serve, or is serving the same purpose.

(3)

The costs, both direct and indirect, of establishing and maintaining the new board.

(4)

Whether creation of the new board is necessary to enable the county to obtain state or federal grants or other financing.

(5)

Whether the board should have bonding authority.

(6)

Whether creation of a new board is the best method to achieve the benefit desired.

(Ord. No. 01-55, § 3, 10-23-01)

Sec. 2-829. - Exemption to division requirement—Ad hoc committees and task force committees.

The commission may, by resolution, appoint an ad hoc or task force committee for a specific project, if the duration of the committee does not exceed three years duration. The resolution must set forth the duties and responsibilities of the committee and contain language that automatically dissolves the committee within the specified year from the date of adoption of the committee members by the commission.

(Ord. No. 01-55, § 4, 10-23-01)

Sec. 2-830. - Qualifications and requirements for membership on boards.

(a)

All members of county boards shall be permanent residents and electors of Collier County and should be reputable and active in community service. The foregoing requirement may be exempted, however, if an ordinance creating a board specifies the need for membership outside Collier County's boundaries. In addition, all board members should have demonstrated an interest in the activity or service, which is the purpose of the board. The provisions of this paragraph may be exempted, however, if an ordinance creating a board specifies the need for membership outside Collier County's boundaries.

(b)

Any member of a county board who ceases to be a resident of Collier County during his or her term of office shall immediately advise the commission of such change in status. Upon such notice, the commission shall declare the position to be vacant and shall promptly fill same pursuant to the provisions of section 2-831, herein.

(c)

The commission's primary consideration in appointing board members shall be to provide the board with the technical, professional, financial, business or administrative expertise necessary to effectively accomplish the board's purpose. Categories of expertise referenced by county board's ordinances as qualifications for board membership are considered to be primarily directory and not mandatory.

(d)

No member of any county board shall become a candidate for an elective political office and continue to serve on such board during his or her candidacy unless such board member/candidate is running unopposed for a non-remunerative elective position or an elective position receiving nominal remuneration, such as the Mosquito Control District Board or a fire district board. Should any county board member compete for an elective non-remunerative political office or a nominally-remunerative political office on the date applications for candidacy expire, such candidacy shall be deemed a tender of resignation from such board and the board shall immediately advise the commission in writing of said resignation. No board member shall be required to resign or deemed to have tendered his or her resignation unless such candidacy is being opposed. The commission shall deem the position vacant upon receipt of written notice of said resignation. The board member shall not serve at any meetings after his or her position becomes vacant pursuant to this ordinance. This provision shall not apply to candidates who currently serve in elected positions and who are seeking re-election.

(e)

The commencement of a legal challenge by a board member as a plaintiff in a lawsuit against Collier County shall constitute a conflict of interest with Collier County and shall be deemed a tender of resignation from such board. The county board member's position shall automatically be considered vacant and the commission shall promptly fill same pursuant to the provisions of section 2-831, herein.

(f)

No member of any county board, as defined herein, shall print or create, or have printed or created, or use or distribute any business or informational card depicting the county logo or in any way representing such board member as a representative of Collier County or as a county board member. The county manager or his or her designee may, upon request and prior approval in writing, authorize the county board members to obtain a county photo identification card identifying such members as a county advisory board member.

(Ord. No. 01-55, § 5, 10-23-01; Ord. No. 2006-39, § 1; Ord. No. 07-58, § 1; Ord. No. 2009-16, § 1)

Sec. 2-831. - Process of appointment.

(a)

Vacancies occurring on any board shall be publicized, but need not be advertised, in a publication of general circulation within the county, and vacancy notices are to be posted in the county libraries and the county government center.

(b)

Prior to making appointments to boards, staff shall provide the commission with a list outlining the qualifications and demographic background of each candidate for board membership, along with a list detailing the qualifications and demographic backgrounds of present members seeking reappointment on each board to which an appointment is being made.

(Ord. No. 01-55, § 6, 10-23-01)

Sec. 2-832. - Term of office.

(a)

Terms of office shall be staggered.

(b)

All members of boards created by the commission shall serve at the pleasure of the commission and may automatically be removed by a majority vote of the quorum of the commission.

(Ord. No. 01-55, § 7, 10-23-01; Ord. No. 2009-16, § 2)

Sec. 2-833. - Attendance requirement.

It is the intent and strong desire of the commission that there be full attendance of advisory board members at all meetings of the boards, recognizing, however, that it may be necessary for board members to be absent from a meeting due to unusual or emergency circumstances. Nevertheless, full attendance at board meetings is encouraged and necessary for the proper operation of the boards and in furtherance thereof the following requirements are established:

(1)

Any board member who is absent for more than one-half of the board's meetings in a given fiscal year shall be deemed to have tendered his or her resignation from such board. The commission shall, as soon as practicable after such resignation, declare the position to be vacant and shall promptly fill same pursuant to the provisions of section 2-51 herein. The board members shall not serve at any meetings after his or her position is declared vacant by the commission.

(2)

In the event that any board member is absent from two consecutive meetings without a satisfactory excuse acceptable to the board chairperson, the board chairperson shall state such fact at the next regularly scheduled board meeting and shall thereafter notify, in writing, the executive manager to the commission of the board member's failure to attend without a satisfactory excuse. The commission shall review the board chairperson's notification at the commission meeting and shall declare the board member's position to be vacant if the commission concurs that the board member was absent from two consecutive board meetings without a satisfactory excuse, and shall promptly fill same pursuant to the provisions of section 2-51 herein. The board member shall not serve at any meetings after his or her position is declared vacant.

(3)

A member of a board shall be deemed absent from a meeting when he or she is not present during at least 75 percent of the meeting.

(Ord. No. 01-55, § 8, 10-23-01)

Sec. 2-834. - Reserved.

Editor's note—

Ord. No. 2009-16, § 3, adopted Apr. 14, 2009, repealed § 2-834, which pertained to review of boards and derived from Ord. No. 01-55, § 9, adopted Oct. 23, 2001.

Secs. 2-835—2-845. - Reserved.