HomeMy WebLinkAboutItem Q08 Qg
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor James K.Scholl,District 3
The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2
Craig Cates,District 1
David Rice,District 4
Holly Merrill Raschein,District 5
Board of County Commissioners Meeting
March 25, 2025
Agenda Item Number: Q8
2023-3790
BULK ITEM: No DEPARTMENT: County Attorney
TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger
N/A
AGENDA ITEM WORDING: Approval to advertise a public hearing to consider adoption of an
Ordinance amending Monroe County Code Section 1-2 to Clarify the Definition of the term
"Department Head", amending Section 2-211 to delete language requiring that the Veterans Affairs
Director directly report to the County Administrator as well as proscribing the process for amending
that section of the code, and amending Section 11-3 to delete language requiring that the Emergency
Management Director directly report to the County Administrator, requirement on April 16, 2025 at 9
am or as soon thereafter as may be heard.
ITEM BACKGROUND:
At the March 25, 2025 BOCC meeting, the County Administrator will be asking the Board to reinstitute
the position of Growth Management Director, who will supervisor 3 departments. The current
definition of the term "Department Head" suggests supervision of only one department. The proposed
ordinance would amend that definition to clarify that a "Department Head" supervises "at least one"
department but is subordinate to the County Administrator and/or an Assistant County Administrator on
the organizational table.
The proposed ordinance also would delete requirements in current code that the Emergency
Management Director [M.C.C. Section 11-3(b)(1)] and the Veterans Affairs Director [M.C.C. Section
2-211] report directly to the County Administrator.
PREVIOUS RELEVANT BOCC ACTION:
10/21/15 - BOCC enacted ordinance 025-2015, defining the term department head.
6/7/88 - BOCC enacted ordinance 029-1988, mandating that Veterans Affairs director directly report to
County Administrator and proscribing the method by which that ordinance can be amended.
10/16/19 - BOCC enacted ordinance 035-2019, mandating that Emergency Management director
directly report to the County Administrator.
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INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval to advertise
DOCUMENTATION:
Draft Ordinance amending definition of term department head to clarify that department head may be
assigned to supervisor more than I department and removing veterans affairs and emergency
management as a direct report.docx
Notice of Intent of Amendments to the Code regarding organization of County Departments.docx
FINANCIAL IMPACT:
N/A
3807
MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. -2025
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY AMENDING
MONROE COUNTY CODE SECTION TO REFLECT
CHANGES TO THE TABLE OF ORGANIZATION
INCLUDING AMENDING 1-2 TO CLARIFY THE
DEFINITION OF THE TERM "DEPARTMENT HEAD" AND
TO ELIMINATE THE CURRENT REQUIREMENTS THAT
THE VETERANS AFFAIRS DEPARTMENT AND
EMERGENCY MANAGEMENT DEPARTMENT HEADS
DIRECT REPORT TO THE COUNTY ADMINISTRATOR;
PROVIDING FOR SEVERABILITY; PROVIDING FOR THE
REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR INCORPORATION INTO
THE MONROE COUNTY CODE; PROVIDING FOR FILING
WITH THE DEPARTMENT OF STATE; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, on March 25, 2025, the BOCC confirmed Senior Director of Planning
and Environmental Resources Emily Schemper as the County's Growth Management
Director with responsibility for overseeing not only the Planning and Environmental
Resources Department but also the Building and Code Compliance Departments; and
WHEREAS, the term "department head" is currently defined in Section 1-2 of the
Monroe County Code to mean a "county employee who has been selected by the
county administrator and confirmed by the board as the person responsible for the
operations of a county department and supervision of all employees within that
department. The term department head applies to all employees selected by the county
administrator and confirmed by the board as the employee responsible for the
operations of a [single] county department regardless of that employee's actual title;"
and
WHEREAS, it is the intention of the Board to clarify the definition of the term
"department head" to allow for such an employee to supervise one or more departments
but not have the same level of responsibility as an Assistant County Administrator; and
WHEREAS, it is the intention of the Board to conform the Monroe County Code
to this clarified definition of the term "department head" so as to eliminate any doubt of
the designated department head's authority to supervise all employees within all
departments assigned to which the department head has been assigned to supervise;
and
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WHEREAS, the County Administrator currently has over twenty (20) departments
and offices which report to her; and
WHEREAS, the Board finds that having more than twenty (20) direct reports to
the County Administrator is an inefficient method of management; and
WHEREAS, in 1988, the Board enacted Ordinance 029-1988, which is currently
codified at Section 2-211 of the County Code, which mandates that the head of the
Veterans Affairs Department report directly to the County Administrator; and
WHEREAS, while Section 2-211(b) of the Code currently reads that "any
proposed change concerning the transfer of the veterans affairs department to another
department or removal of the same from the direct jurisdiction of the county
administrator occurs, it will require three duly noticed public hearings, and only after
such public hearings may any such proposed change be made," that language conflicts
with the principle' that a legislative body may not bind the hands of a future legislative
body by prohibiting or proscribing amendments to an enactment; and
WHEREAS, in 2019, the Board enacted Ordinance 035-2019, which is currently
codified at Section 11-3 of the County Code, which mandates that the Emergency
Management Department directly report to the County Administrator; and
WHEREAS, there is no known basis is state or federal law which mandates that
either position report directly to the County Administrator; and
WHEREAS, the Board finds that mandating by ordinance which department
heads directly report to the County Administrator conflicts with the Board's statutory
authority to approve the reorganization of County departments pursuant to F.S.
125.74(1)(j); and
WHEREAS, the Board finds the ordinance amendment procedure set forth in
Section 2-221(b) of the Code conflicts with the ordinance adoption procedure set forth in
F.S. 125.66.
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA as follows:
[Proposed Text Changes are presented: in strikethrough to indicate deletions and
underline to indicate additions.}
See, e.g., Neu v. Miami Herald Pub. Co., 462 So.2d 821, 824 (Fla. 1985); Fernandez v. Dept of Health,
223 So.3d 1055, 1058 n.3 (Fla. 1 st DCA 2017); and Florida Carry, Inc. v. University of Florida, 180 So.3d
137, 146 (Fla. 1 st DCA 2015).
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3809
Section 1. Section 1-2 of the County Code is hereby amended to read as follows:
Department head. The term "department head" means the county
employee who has been selected by the county administrator and
confirmed by the board as the person responsible for the operations of at
least one county department and supervision of all employees within the
that assigned departments. The term department head applies to all
employees selected by the county administrator and confirmed by the
board as the employee responsible for the operations of at least one
county department regardless of that employee's actual title. A_
department head assigned to supervise more than one department shall
be subordinate to the county administrator and/or an assistant county
administrator on the organizational table approved by the Board.
Section 2. Section 2-211 of the County Code is hereby amended to read as follows:
{a The veterans affairs e#+ee department of the county shall be is heFeby
nnnfirmed +n he under the diFeGtjurisdiction and e nnn+rnl of the
county administrator. Nothing herein prohibits the Board from approving an
organizational table that places the veterans affairs department under the
supervision of an assistant county administrator.
(b)lf aRY nrnnnSed nhaRge F nnnnpj g the tF_A.PGfervrtttliPcc.F_A.P � AffAirc;
depa*n `mot tG) -A.Prvther-depa ef' t A-F of�9Gg 699frnmrrcrhie direct
ii IriGdin+inn ref the nr-i pty adminiG+r_A+r3r r3nni Irc it Will Fe 1 giro +hroo r!i phi nn+iGed
0
p blin he5, and GRly after LInh p a-blrtip heaFFl�S mag aRY c Inh nrnnnaed
nh.Rge be m Arlo
Section 3. Section 11-3(b) of the County Code is hereby amended to read as follows:
(a) The county shall employ an emergency management director who shall meet
the requirements set forth in [F.S.] ch. 252 and county policy. The emergency
management director shall be hired by the county administrator subject to
confirmation of the board.
(b) The emergency management director shall-
(1) Report directly +n the ,e-upt , administrator and, during a declared
emergency, to the mayor or to the mayor pro tem in the absence of the
mayor;
(2) Supervise the emergency management department;
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(3) Have the authority to direct the work of other department heads and other
county personnel in the preparation of emergency management plans
regardless of whether operating under a declaration of emergency;
(4) During a declared emergency, direct and supervise all operations of
county government including but not limited to:
a. Issuing directives having the force and effect of law;
b. Enter into contracts and purchase orders on behalf of the county
having a value less than $1,000,000.00; purchases of$1,000,000.00
and greater shall require concurrent approval of the county
administrator;
c. Hire and fire temporary personnel needed to carry out the work of the
county during the time of the declared emergency, subject to the
availability of funds; and
d. Suspend county personnel, including department heads, who fail to
follow the lawful directives of the emergency management director.
(5) Coordinate the emergency management department's activities with the
fire chief and the fire rescue department
Section 4. Severability.
If any section, paragraph, subdivision, clause, sentence or provision of this ordinance
shall be adjudged by any court of competent jurisdiction to be invalid, such judgment
shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but the
effect thereof shall be confined to the section, paragraph, subdivision, clause,
sentence, or provision immediately involved in the controversy in which such judgment
or decree shall be rendered.
Section 5. Conflicting Provisions.
In the case of direct conflict between any provision of this ordinance and a portion or
provision of any appropriate federal, state, or county law, rule, code or regulation, the
more restrictive shall apply.
Section 6. Inclusion in the Monroe County Code.
The provisions of this Ordinance shall be included and incorporated in the Code of
Ordinances of the County of Monroe, Florida, as an amendment thereto.
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3811
Section 7. Filing.
This Ordinance shall be filed with the Department of State and shall be effective as
provided in Chapter 125.66(2) Florida Statutes.
Section 8. Effective Date.
This Ordinance shall become effective as provided by law and stated above.
PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS of
Monroe County, Florida, at a regular meeting of the Board held on the of
2025.
Mayor James K. Scholl
Mayor Pro Tern Michelle Lincoln
Commissioner Craig Cates
Commissioner Holly Merrill Raschein
Commissioner David Rice
(seal) BOARD OF COUNTY COMMISSIONERS
ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA
By:
As Deputy Clerk James K. Scholl, Mayor
Approved as to form and legal sufficiency:
Robert B. Shillinger, Jr.
Monroe County Attorney
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NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on April 16,2025,at 9:00 A.M.
or as soon thereafter as the matter may be heard, at the Marathon Government Center, 2798 Overseas
Highway, Marathon, Florida, the Board of County Commissioners of Monroe County, Florida, intends
to consider adopting the following ordinance:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY AMENDING MONROE COUNTY CODE
SECTION TO REFLECT CHANGES TO THE TABLE OF
ORGANIZATION INCLUDING AMENDING 1-2 TO CLARIFY THE
DEFINITION OF THE TERM "DEPARTMENT HEAD" AND TO
ELIMINATE THE CURRENT REQUIREMENTS THAT THE
VETERANS AFFAIRS DEPARTMENT AND EMERGENCY
MANAGEMENT DEPARTMENT HEADS DIRECT REPORT TO THE
COUNTY ADMINISTRATOR; PROVIDING FOR SEVERABILITY;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION
INTO THE MONROE COUNTY CODE; PROVIDING FOR FILING
WITH THE DEPARTMENT OF STATE; AND PROVIDING AN
EFFECTIVE DATE.
The proposed ordinance may be inspected by the public at the Monroe County website by viewing the
agenda packet for the April 16, 2025, meeting, which will be posted beginning on April 11, 2025 at:
0t:;;0..ec0u;r;tytl xclx; Y� cx � t The ordinance may also be viewed at the Monroe
County Attorney's office at 1111 12th St. Ste. 408 Key West, FL 33040.
The public can participate in the April 16,2025,meeting of the Board of County Commissioners of Monroe
County, FL by attending in person or via Zoom. The Zoom link can be found in the agenda at
j,!.jjj,.:/,,,/„ll;�;l, nroe,col.i„ ,, ,,,a°, ,ll;l„ a;, ll ll�:'i e sl�.lel`ai. ltaas� .
ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order
to participate in this proceeding,please contact the County Administrator's Office,by phoning(305)292-
4441, between the hours of 8:30a.m.-5:00p.m.,prior to the scheduled meeting; if you are hearing or
voice-impaired, call "711': Live Closed-Captioning is available via our web portal @
( ti: y, for meetings of the Monroe County Board of
County Commissioners.
Dated at Key West, Florida, this 29th day of March, 2025.
(SEAL) KEVIN MADOK, Clerk of the Circuit Court and
Ex Officio Clerk of the Board of County Commissioners
of Monroe County, Florida
Publication Dates:
Keys Citizen: Sat., 03-29-2025
Keys Weekly: Thur., 04-03-2025
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News Barometer: Fri., 04-04-2025
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