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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