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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At the 10/20/10 BOCC meeting a request to advertise a public hearing for changes to the county attorney ordinance was withdrawn pending revisions to the personnel policies and procedures consistent with discussion of a separate item on the 10/20/10 meeting agenda.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 illlll be of assistant e ..t. to be ple a _ to out the duties of the _rr _ �� tt 11V�J F e - 7 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.'