Item R06BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 11/17/10 - KL Division: County Attorney
Bulk Item: Yes X No
AGENDA ITEM WORDING:
Staff Contact: Suzanne Hutton, #3473
Approval to advertise a public hearing to consider an ordinance amending portions of ch. 2, Art. III,
Div. 7, County Attorney, of the Monroe County Code to make it consistent with the changes to the
Monroe County Personnel Policies and Procedures upon approval of a resolution revising the policies
and procedures.
ITEM BACKGROUND:
During the recent budget hearings, issues were raised about procedures for reclassification of
positions/salary increases, auto allowances, particularly with regard to the County Attorney's Office.
The Board directed staff to revisit some issues and Commissioner Wigington has requested changes to
be made to the county attorney segment of the Monroe County Code to be consistent with the revised
Personnel P&P. At the 10/20/10 BOCC meeting a request to advertise a public hearing for changes to
the county attorney ordinance was withdrawn pending revisions to the personnel policies and
procedures consistent with discussion of a separate item on the 10/20/10 meeting agenda. This
ordinance proposal changes MCC 2-181(a) by requiring that the administrator or his designee approve
personnel action forms if they are complete and in conformity with the policies and procedures
established by the BOCC for all personnel.
PREVIOUS RELEVANT BOCC ACTION:
12/21/2004 BOCC approved Ordinance 039-2004.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval to advertise to hold a public hearing on December 15, 2010 at 3:00 p.m. in Marathon, FL
TOTAL COST: N/A INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: N/A SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes x No AMOUNT PER MONTH Year
APPROVED BY: County Att OMB/Purchasing Risk Management
DOCUMENTATION: Included x
DISPOSITION:
Not Required
AGENDA ITEM #
Revised 2/05
Commissioner Wigington
ORDINANCE NO. — 2010
AN ORDINANCE AMENDING MONROE COUNTY CODE SECTIONS 2-178,
2-179(b), 2-181(a) AND (b), 2-185; DELETING THOSE PROVISIONS WHICH
CAN BE CONTAINED WITHIN THE CONTRACT WITH THE COUNTY
ATTORNEY; PROVIDING FOR BOARD APPROVAL OF ANY NEW
POSITIONS; PROVIDING FOR ALL OTHER PERSONNEL ACTIONS TO
FOLLOW COUNTY POLICIES AND PROCEDURES; PROVIDING FOR
BOARD APPROVAL AND WAIVERS OF CONFLICT FOR COUNTY
ATTORNEY TO REPRESENT CONSTITUTIONAL OFFICER IN
LITIGATION; PROVIDING FOR CLARIFICATION RE AUTHORITY TO
SETTLE CODE ENFORCEMENT LIENS; PROVIDING FOR
SEVERABILITY; 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 Monroe County Code, Chapter 2, Division 5, governs the office of the
county attorney; and
WHEREAS, it is determined to be in the best interests of the public, particularly for the
purpose of transparency as to administrative actions within the office of the county attorney, that
provisions perceived by some to delegate too much discretion to the county attorney be revised
to clarify when Board of County Commissioners (Board) approval is required for certain
matters;
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
SECTION 1. Section 2-178, Division 5, Monroe County Code, shall be revised to read:
Sec. 2-178. Assistant county attorneys.
The county attorney shall be responsible for overseeing and approving the
selection, hiring, supervising, disciplining, and termination of all assistant county
attorneys. Assistant county attorneys who have successfully completed the probation
period set forth in the county personnel policies shall be career service employees under
Laws of Fla. ch. 69-1321 or other applicable local, state, or federal ordinance or law. The
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Each assistant county attorney shall be a member in
good standing of the Florida Bar and shall remain a member in good standing during the
term of his employment.
SECTION 2. Section 2-179 (b), Monroe County Code, shall be revised to read:
Sec. 2-179. Duties of the county attorney.
(b) The office of the county attorney may provide legal advice to other county
constitutional officers but only to the extent that no conflict or potential conflict
exists between the other constitutional officer and the board with respect to the
subject upon which the other constitutional officer seeks advice. Should the
county attorney and the constitutional officer determine that the county attorney
may represent the constitutional officer in litigation the county attorney shall
obtain the permission of the board to represent the constitutional officer and
obtain waivers as to any potential conflicts that may arise through the
representation.
SECTION 3. Section 2-181, subsections (a) and (b), Monroe County Code, shall be revised
to read:
Sec. 2-181. Office management and support staff.
(a) Personnel. The county attorney shall be responsible for overseeing and
approving the selection, hiring, supervising, disciplining, and termination of all
staff and support personnel of the office of county attorney and shall employ such
staff and support personnel that the county attorney determines are needed to
carry out the duties of the office, subject to the budgetary approval of the board.
Any new position for an attorney or support personnel shall be approved by the
board. All other personnel actions shall be in accordance with the county's
personnel policies and procedures and increases due to reclassification
promotional opportunity, merit and cost -of -living awards shall be subject to the
same limitations as applicable to non -union employees under the county
administrator. Personnel action forms si ng_ed by the county attorney shall
be reviewed by the county administrator or his designee and approved for
processing if the forms are complete and in conformity with the personnel policies
and procedures and this article. Staff attorneys and support personnel who have
successfully served the probation period set forth in the county personnel policies
shall be career service employees under Laws of Fla. ch. 69-1321.
(b) Rules and procedures. The county attorney may establish such reasonable
rules and procedures for the management of the county attorney's office and office
personnel that the county attorney deems necessary, provided that the rules and
procedures do not conflict with Laws of Fla. ch. 69-1321, or other applicable
local, state, or federal laws. Any rules and procedures established for the county
attorney's office that are inconsistent with any policies and procedures established
by the board for county employees in general shall be approved by the board
SECTION 4. Section 2-185, Monroe County Code, shall be revised to read:
Sec. 2-185. Settlement of code enforcement and other liens.
The county attorney shall have the authority to compromise or settle any code
enforcement lien or other lien imposed in favor of the county that has been imposed
pursuant to law. Such settlement or compromise shall be upon such terms and conditions,
and in such amount, as the county attorney deems just and appropriate under the
particular circumstances, within guidelines set by the board. If a settlement or
compromise is agreed to by the person or entity legally obligated to pay the lien, the
county attorney may execute, on behalf of the county, any document that may be required
for recording in the public records of the county to satisfy or release the lien as imposed.
If no agreement can be reached, the matter shall be placed by the county attorney on the
agenda of a scheduled public meeting of the board of county commissioners as an action
item.
SECTION S. 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 6. 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 7. 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 8. EFFECTIVE DATE. This Ordinance shall take effect upon filing with the
Department of State as provided in Section 125.66(2), Florida Statutes.
Mayor Sylvia Murphy
Mayor Pro Tem Heather Carruthers
Commissioner Mario DiGennaro
Commissioner George Neugent
Commissioner Kim Wigington
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Mayor/Chairperson
-COUNTY Xr.`Crlac.'