Item R03I
BOARD OF COUNTY COMAUSSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 17, 2010 aQ Division: County Attorney
Bulk Item: Yes X No _ Department:
Staff Contact Person/Phone #: Suzanne Hutton
AGENDA ITEM WORDING: Request Approval to advertise a public hearing for an ordinance
creating Monroe County Code Section 2-60, providing for non-interference in administrative,
procurement and hiring practices; providing for board of county commissioners to set policies and
procedures in areas where changes are deemed to be needed.
ITEM BACKGROUND: At a recent Florida Association of Counties meeting, a commissioner from
another county spoke about the effectiveness of a county ordinance prohibiting commissioners from
meddling in procurement or hiring actions during, and contrary to, the process already established for
such matters. This measure is expected to add a level of assurance to the public that commissioners will
work as part of the collegial body to which they were elected and conduct their work in the public view,
making policy changes through the democratic process, that other officials and employees will also
follow the policies established by the commission, and avoid the occasional appearance of providing
special favors.
PREVIOUS RELEVANT BOCC ACTION: Enactment of ordinances and resolutions, approval of
changes to policies and procedures in the personnel and procurement manuals, designed to provide
fairness in government processes, and to hold officers and employees to higher standard of ethics than
the minimum demanded by state statutes.
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: INDIRECT COST:
COST TO COUNTY:
REVENUE PRODUCING: Yes No
APPROVED BY: County Atty
DOCUMENTATION: Included
BUDGETED: Yes No
SOURCE OF FUNDS:
AMOUNT PER MONTH Year
OMB/Purchasing
Not Required
Risk Management
DISPOSITION: AGENDA ITEM #
Revised 1/09
Commissioner Carruthers
ORDINANCE NO. — 2010
AN ORDINANCE AMENDING MONROE COUNTY CODE CHAPTER 2,
PROVIDING FOR NON-INTERFERENCE IN ADMINISTRATIVE,
PROCUREMENT AND HIRING PRACTICES; PROVIDING FOR BOARD
OF COUNTY COMMISSIONERS TO SET POLICIES AND
PROCEDURES IN AREAS WHERE CHANGES ARE DEEMED TO BE
NEEDED; PROVIDING FOR THE REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION
INTO THE MONROE COUNTY CODE OF ORDINANCES; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Monroe County has adopted the
county administration law as set forth in Section 125.70, et. seq., Florida Statutes; and
WHEREAS, Section 2-58, Monroe County Code, sets forth matters in which the board has
determined that none of its discretionary authority is exercised by the county administrator; and
WHEREAS, the board has further adopted many ordinances and resolutions governing the
day-to-day operations of county government; and
WHEREAS, it is deemed in the interest of the public that additional measures be adopted to
prevent an abuse of discretionary authority by individual officials and employees, including
avoiding even the appearance of impropriety;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
SECTION 1. Section 2-60, Monroe County Code is hereby created to read:
Section 2-60. Non-interference.
(a) Except for the purpose of enactment of ordinances and resolutions or for purposes of
fact-finding, the board shall deal with officers and employees who are subject to the
direction or supervision of the administrator solely through the administrator or designee
thereof, and neither the commission nor its members shall give any commands, directions, or
instructions to, or make any demands or requests of, any such officer or employee, either
publicly or privately, except in response to an employee seeking direction from the
commission at a public meeting.
(b) Nothing in this section may be construed to prohibit individual members of the board
from asking questions of any employee and making personal observations regarding all
aspects of county government operations so as to obtain independent information to assist
the members in the formulation of policies to be considered by the commission. It is the
express intent of this section, however, that such inquiry not interfere directly with the
administrative operations of the County and that recommendations for change or
improvement in county administrative operations be made through policies and procedures
adopted by the board.
(c) No official or employee shall directly or indirectly coerce or attempt to coerce, direct, or
otherwise interfere in a procurement or personnel matter. If the official or employee is a
member of an evaluating body, that person may participate in the process to the same degree
as all other members of that body.
SECTION 2. SEVERABILITY. Should any provision of this Ordinance be declared by a court
of competent jurisdiction to be invalid, the same shall not affect the validity of this Ordinance as
whole, or any part thereof, other than the part declared to be invalid. If this ordinance or any
provision thereof shall be held to be inapplicable to any person, property or
circumstances, such holding shall not affect its applicability to any other person, property or
circumstances.
SECTION 3. CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of
ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict.
SECTION 4. INCLUSION IN THE CODE OF ORDINANCES. The provisions of this
Ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe,
Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to
the uniform numbering system of the code.
SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect upon filing with the
Department of State as provided in Section 125.66(2), Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at
a regular meeting of said Board held on the day of , 2010.
Mayor Sylvia Murphy
Mayor Pro Tem Heather Carruthers
Commissioner Mario Di Gennaro
Commissioner George Neugent
Commissioner Kim Wigington
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
By
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor/Chairperson