Loading...
Item F2 F2 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 ' David Rice,District 4 Budget Meeting Meeting September 4, 2024 Agenda Item Number: F2 2023-2831 BULK ITEM: No DEPARTMENT: County Attorney TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger AGENDA ITEM WORDING: Discussion and direction regarding the position of County Administrator. ITEM BACKGROUND: The County Administrator's position has been filled by Acting County Administrator Kevin Wilson since February 23, 2024, the date that former Administrator Roman Gastesi retired. The State of Florida enacted the "County Administration Law of 1974." See, F.S. 125.70 to 125.74. That law sets forth the qualifications, duties,powers, and method of appointment of a county administrator. In 1977, the Monroe County Commission "expressly adopt[ed] the county administrator law" in 1977. See. Ord. No. 13-1977, see also, Monroe County Code Section 2-58. Under F.S. 125.73(2) "The county administrator shall be qualified by administrative and executive experience and ability to serve as the chief administrator of the county. He or she shall be appointed by an affirmative vote of not less than three members of the board of county commissioners and may be removed at any time by an affirmative vote, upon notice, of not less than three members of the board, after a hearing if such be requested by the county administrator. The administrator need not be a resident of the county at the time of appointment, but during his or her tenure in office shall reside within the county." Additionally, the County's job description for the position includes the following qualifications: Bachelor's Degree with 10 or more years minimum of prior work experience. Inasmuch as neither the statute or the county code mandate a particular selection process beyond an affirmative vote of a majority of the members of the BOCC, the Board enjoys broad discretion in determining how to select its county administrator. Direction is needed on how the Board wishes to proceed with the selection of its next county administrator. Options include: 1. Commencing a formal search process led by either an outside consultant or handled internally by the Employee Services Dept. 2. Negotiating a contract with a person qualified to hold the position. 67 3. Maintaining the status quo. PREVIOUS RELEVANT BOCC ACTION: 9/6/77, The Board enacted Ordinance 13-1977, adopting the County Administration Law of 1974. INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATION: None. DOCUMENTATION: FS 125.74 County administrator powers and duties.pdf Monroe County Code Sec. 2 58. County administration..pdf County Administrator Job Description.pdf FINANCIAL IMPACT: 68 125.74„County adinAirnii tiratoiry 1pow irs and dub es, FIL ST§125.74 West's Florida Statutes Annotated "Title XI. County Organization and Intergovernmental Relations (Chapters 124-164) (Refs Annos) Chapter 125. County Government (Refs & Annos) ]Part 111. County Administration West's F.S.A. § 125.74 125.74. County administrator; powers and duties Currentness (1) The administrator may be responsible for the administration of all departments responsible to the board of county commissioners and for the proper administration of all affairs under the jurisdiction of the board. To that end, the administrator may, by way of enumeration and not by way of limitation, have the following specific powers and duties to: (a) Administer and carry out the directives and policies of the board of county commissioners and enforce all orders, resolutions, ordinances, and regulations of the board to assure that they are faithfully executed. (b)Report to the board on action taken pursuant to any directive or policy within the time set by the board and provide an annual report to the board on the state of the county, the work of the previous year, and any recommendations as to actions or programs the administrator deems necessary for the improvement of the county and the welfare of its residents. (c) Provide the board, or individual members thereof, upon request, with data or information concerning county government and to provide advice and recommendations on county government operations to the board. (d) Prepare and submit to the board of county commissioners for its consideration and adoption an annual operating budget, a capital budget, and a capital program. 'rl TI,A,, 2024 ``.j,o t;la o ril lf a o/r 11-1"I'1r 1"1', AA)I k,s I 69 125.74.County adinAirnii tiratoiry 1pow irs and dub es, FIL ST§125.74 (e) Establish the schedules and procedures to be followed by all county departments, offices, and agencies in connection with the budget and supervise and administer all phases of the budgetary process. (f) Prepare and submit to the board after the end of each fiscal year a complete report on the finances and administrative activities of the county for the preceding year and submit his or her recommendations. (g) Supervise the care and custody of all county property. (h) Recommend to the board a current position classification and pay plan for all positions in county service. (i) Develop, install, and maintain centralized budgeting, personnel, legal, and purchasing procedures. 0) Organize the work of county departments, subject to an administrative code developed by the administrator and adopted by the board, and review the departments, administration, and operation of the county and make recommendations pertaining thereto for reorganization by the board. (k) Select, employ, and supervise all personnel and fill all vacancies, positions, or employment under the jurisdiction of the board. However,the employment of all department heads shall require confirmation by the board of county commissioners. (l) Suspend, discharge, or remove any employee under the jurisdiction of the board pursuant to procedures adopted by the board. (m)Negotiate leases,contracts,and other agreements,including consultant services,for the county, subject to approval of the board, and make recommendations concerning the nature and location of county improvements. (n) See that all terms and conditions in all leases, contracts, and agreements are performed and notify the board of any noted violation thereof. ll, ti;lln�,z� 2024 lIioi-'IS01f I s ``.Jo cI,;iJI f 'o oI g'llf aI U 11"fl"I'fr l"f't AA)I 's 2 70 125.74„County adincAinii tlratoiry Ipow lrs and dub es, 1RL ST§125.74 (o)Order,upon advising the board, any agency under the administrator's jurisdiction as specified in the administrative code to undertake any task for any other agency on a temporary basis if he or she deems it necessary for the proper and efficient administration of the county government to do so. (p) Attend all meetings of the board with authority to participate in the discussion of any matter. (q) Perform such other duties as may be required by the board of county commissioners. (2) It is the intent of the Legislature to grant to the county administrator only those powers and duties which are administrative or ministerial in nature and not to delegate any governmental power imbued in the board of county commissioners as the governing body of the county pursuant to s. I(e), Art. VIII of the State Constitution. To that end, the above specifically enumerated powers are to be construed as administrative in nature, and in any exercise of governmental power the administrator shall only be performing the duty of advising the board of county commissioners in its role as the policy-setting governing body of the county. Credits Added by Laws 1974, c. 74-193, § 1. Amended by I.,aws 1995, c. 95 147, § 822, eff. July 10, 1995. West's F. S. A. § 125.74, FL ST § 125.74 Current with laws,joint and concurrent resolutions and memorials through June 13, 2024,in effect from the 2024 second regular session. Some statute sections may be more current, see credits for details. The statutes are subject to change as determined by the Florida Revisor of Statutes. (These changes will be incorporated later this year.) 1a;ulll oll, ;ociliinnelufl 2024 Hoaroo son Reishrs ar c u.'nm far ari�,,h fl 0',S GaTNerniu wnr �,Vo 0 ll, ti;l ln�+z� 2024 lr lioi,",IS01,1 ''1;I1'kJ,I s ``'k) t;la 'o oI g'llf a U 11"11"',1 l"f't AA)I 's 3 71 Sec. 2-58. County administration. (a) County administration law adopted.The board of county commissioners hereby expressly adopts the county administration law as contained in F.S.ch. 125, pt. III (F.S. § 125.70 et seq.). (b) County administrator;powers and duties. In addition to the power and duties set forth in F.S. § 125.74: (1) In case of a construction project or professional services that are the subject of previously executed contracts,the county administrator is authorized without necessity of approval by the board of county commissioners: a. To approve,sign and execute change orders with each change order not to exceed$100,000.00 or five percent of the original contract price,whichever is greater. Such change orders are noncumulative: in other words, each change order may be in the amounts described and need not be added together for the purposes of reaching a maximum per project or per service change order cost ceiling of$100,000.00 or five percent of the original contract price. However, before the county administrator may execute a change order authorized by this subsection, he must notify the members of the board of county commissioners,at least 24 hours in advance,of his intention to execute the change order.The county administrator must provide a report at each monthly board of county commissioners meeting listing the change orders approved by him during the prior month and the reasons for those change orders;and b. To extend a project's substantial completion date up to six months by written agreement to the previously approved contract. (2) In the case of selecting and employing county personnel,the county administrator is authorized without the necessity of approval of the board of county commissioners: a. To approve and sign reimbursement requests for moving expenses of newly employed department heads or other key personnel as designated by the administrator,who reside outside of the county at the time of hire.The amount paid may not exceed $5,000.00; and b. To reimburse travel expenses of department director or other key personnel interviewees. (3) The county administrator may execute agreements on behalf of the board, provided that said agreements are for an amount within the administrator's signature authority of$100,000.00. If the county administrator authorizes a person to act as a designee,such person shall comply with F.S. § 112.3145,and the financial disclosure requirements set forth therein.All agreements will be in a form approved by the county attorney's office prior to execution.The county attorney may require approval or ratification of an agreement by the board. In such cases,the board hereby determines that none of its discretionary authority is being exercised by the county administrator; rather,the execution of such agreements is in conformity with fiscal decisions already made by the board.Agreements and reimbursements heretofore made by the administrator and that meet the criteria set forth in this section,as hereby ratified. (Code 1979, §§2-1,2.1-4(b); Ord. No. 13-1977, § 1;Ord. No.29-1991, § 1;Ord. No. 11-1993, § 1;Ord. No.6-1994, § 1; Ord. No. 19-1997, §2; Ord. No.22-1997, § 1;Ord. No.27-1998, § 1;Ord. No.012-2002, § 1; Ord. No.024- 2015, § 1; Ord. No.005-2023, § 1) Ord. No.024-2015, § 1,adopted Oct.21,2015,changed the title of§2-58 from "County administration law adopted"to read as herein set out. Created: 2024-08-05 08:49:06 [EST] (Supp. No.28) Page 1 of 1 72 ����uu� �N' 0 NNNNNNi G �� �14 C 1� 0 �U �u�uu uuuuuuuuu N TY Job Description To perform this job successfully, an individual must be able to perform the essential job functions satisfactorily. Reasonable accommodations may be made to enable individuals with disabilities to perform the primary job functions herein described. Since every duty associated with this position may not be described herein, employees may be required to perform duties not specifically spelled out in the job description, but which may be reasonably considered to be incidental in the performing of their duties just as though they were actually written out in this job description. Job Title: County Administrator Department: County Administrator Pay Grade: 327 FLSA Status: Exempt JOB SUMMARY The primaryfunction of this position is to be responsible for the administration of all departments responsible to the board of county commissioners and for the proper administration of all affairs under the jurisdiction of the board. ESSENTIAL JOB FUNCTIONS • Administers and carries out the directives and policies of the board of county commissioners and enforce all orders, resolutions, ordinances, and regulations of the board to assure that they are faithfully executed. • Provides the board, or individual members thereof, upon request, with data or information concerning county government and to provide advice and recommendations on county government operations to the board. • Prepares and submits to the board of county commissioners for its consideration and adoption an annual operating budget, a capital budget, and a capital program. • Establishes the schedules and procedures to be followed by all county departments, offices, and agencies in connection with the budget and supervise and administer all phases of the budgetary process. • Prepares and submits to the board after the end of each fiscal year a complete report on the finances and administrative activities of the county for the preceding year and submit his recommendations. • Selects, employs, and supervises all personnel and fills vacancies, positions, or employment under the jurisdiction of the board. • Supervises the care and custody all county property. • Recommends to the board a current position classification and pay plan for all positions in county service. 73 County Administrator Page 2 • Develops, installs, and maintains centralized budgeting, personnel, legal and purchasing procedures. • Organizes the work of county departments,subject to administrative code developed by the administrator and adopted by the board, and reviews the departments, administration, and operation of the county and make recommendations pertaining thereto for organization by the board. • Suspends, discharges, and supervises all personnel and fill all vacancies, positions, or employment under the jurisdiction of the board pursuant to procedures adopted by the boa rd. • Negotiates leases, contracts, and other agreements, including consultant services, for the county,subject to approval of the board,and make recommendations concerning the nature and location of county improvements. • Verifies that all terms and conditions in all leases, contracts, and agreements are performed and notify the board of any noted violation thereof. • Orders, upon advising the board, any agency under the administrator's jurisdiction as specified in the administrative code to undertake any task for any other agency on a temporary basis if he deems it necessary for the proper and efficient administration of the county government to do so. • Attends all meetings of the board with authority to participate in the discussion of any matter. • Performs other related job duties as assigned. QUALIFICATIONS Education and Experience: Bachelor's Degree. 10 or more years minimum of prior related work experience. Special Qualifications: None. Knowledge, Skills and Abilities: • Ability to determine strategy as well as long range goals for the organization. • Ability to design processes,allocate resources, and report to elected officials or the public. • Ability to develop policies, long range plans, and allocate funds. • Ability to make decisions that involve multiple priorities, limited resources, and internal and external challenges. • Ability to perform work that involves high level issues, processes, or organizational needs. PHYSICAL DEMANDS The work is sedentary and requires exerting up to 10 pounds of force occasionally and/or negligible amount of force frequently or constantly to lift, carry, push, pull or otherwise move objects, including the human body. Additionally, the following physical abilities are required: • Grasping: Applying pressure to an object with the fingers and palm. Monroe County,FL County Administrator Updated:2/28/2020 74 County Administrator Page 3 • Manual Dexterity: Picking, pinching, typing, or otherwise working, primarily with fingers rather than with the whole hand as in handling. • Speaking: Expressing or exchanging ideas by means of the spoken word including the ability to convey detailed or important spoken instructions to other workers accurately and concisely. • Standing: Particularly for sustained periods of time. • Talking: Expressing or exchanging ideas by means of the spoken word including those activities in which they must convey detailed or important spoken instructions to other workers accurately, loudly, or quickly. • Visual Acuity: Have close visual acuity to perform an activity such as: preparing and analyzing data and figures; transcribing; viewing a computer terminal; and/or extensive reading. • Walking: Moving about on foot to accomplish tasks, particularly for long distances or moving from one work site to another. WORK ENVIRONMENT Work deals with regularly making decisions that could lead to major community or organizational consequences if an employee fails to make the appropriate decision at the time. Monroe County has the right to revise this job description at any time. This description does not represent in any way a contract of employment. Employee Signature Date Supervisor(Division Director) Signature Date Director of Human Resources Signature Date E.O.E. Monroe County does not discriminate on the basis of race, color, national origin, gender, religion, age, disability or military service in employment or the provision of services. Monroe County,FL County Administrator Updated:2/28/2020 75