HomeMy WebLinkAboutItem Q7 Liz Yongue
From: Gomez-Krystal <Gomez-Krystal@MonroeCounty-FL.Gov>
Sent: Friday, April 11, 2025 11:45 AM
To: Ballard-Lindsey; County Commissioners and Aides; Kevin Madok; Senior Management
Team and Aides; Liz Yongue; InternalAudit
Cc: Shillinger-Bob; Williams-Jethon; Cioffari-Cheryl; Livengood-Kristen; Rubio-Suzanne;
Pam Radloff; County-Attorney; Allen-John; Danise Henriquez; Hurley-Christine; Rosch-
Mark; Gambuzza-Dina; Beyers-John; InternalAudit; Valcheva-Svilena
Subject: ADD-ON Item Q7 04/16/2025 BOCC Meeting
Attachments: AIS 3938.pdf
Good Afternoon,
Please be advised,the following Add On Item is set for inclusion day-of meeting prior to the approval of the Agenda:
"A Public Hearing to consider an ordinance reflecting changes to the Table of Organization including amending Section 1-
2 to clarify the definition of the term "Department Head"and to eliminate the current code requirements that the
Veterans Affairs Department and Emergency Management Department Heads direct report to the County
Administrator."
The Agenda Item Summary is attached.Once approved,this will be considered Add On Item Q7.
Sincerely,
)V,rystaC crovuez
Executive Administrator
Monroe County Administrator's Office
1100 Simonton Street,Suite 2-20S
Key West, FL 33040
Office:30S-292-4441
Cell:30S-8SO-8694
Courier Stop#1
Notary Public
www.ri"ioriroeco�,,iirity.-fu..gov
gorriez..kry:st,, 1.@ri"ioriroeco�,,iirity..-fl..gov
,.airity..fl.gov
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1
Q7
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
April 16, 2025
Agenda Item Number: Q7
2023-3938
BULK ITEM: No DEPARTMENT: County Attorney
TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger
No
AGENDA ITEM WORDING: A Public Hearing to consider an ordinance reflecting changes to the
Table of Organization including amending Section 1-2 to clarify the definition of the term "Department
Head" and to eliminate the current code requirements that the Veterans Affairs Department and
Emergency Management Department Heads direct report to the County Administrator.
ITEM BACKGROUND:
The proposed ordinance clarified the definition of the term "department head" in Section 1-2 of the
code to clarify that a department head may supervisor more than one department. The proposed
ordinance also would delete the code requirements in Monroe County Code Section 2-211 that requires
that the Veterans Affairs Director and Monroe County Code Section 11-3 that requires that the
Emergency Management Director report directly to the County Administrator.
The proposed change to Section 1-2 would allow for the Growth Management Director to supervise the
Artificial Reef, Building, Code Compliance, Planning & Environmental Resources Departments.
In addition to striking the code requirement that the Veterans Affairs Director report directly to the
County Administrator, the proposed change to Section 2-211 removes unlawful restrictions in the
current code that require "three duly noticed public hearings" prior to considering such changes. There
is no statute that directs to whom the Veterans Affairs Department Director reports nor is there a
statutory requirement that the Veterans Affairs Director be a direct report to the County Administrator.
The additional public hearings required by the current version of Sectio 2-211 are inconsistent with F.S.
125.66 and represent an unlawful infringement upon of the current County Commission's legislative
authority. See, e.g.,Neu v. Miami Herald Pub. Co., 462 So.2d 821, 824 (Fla. 1985); Fernandez v. Debt
of Health, 223 So.3d 1055, 1058 n.3 (Fla. 1st DCA 2017); and Florida Carry, Inc. v. University of
Florida, 180 So.3d
137, 146 (Fla. 1st DCA 2015).
The proposed change to Section 3-11 is consistent with F.S. 252.38, which while it requires that the
County have an emergency management agency but does not require that the Director be a direct report
1
to the County Administrator.
The Notice of Intent to Consider Adoption of County Ordinance published in the Keys Citizen on
Saturday, March 29, 2025; in the Keys Weekly on Thursday, April 3, 2025, and in the News Barometer
on Friday, April 4, 2025.
PREVIOUS RELEVANT BOCC ACTION:
3/25/25 - the BOCC approved advertising this public hearing.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Draft—Ordinance—amendingdefinition—of rt term—depament head—to—clarify_that department head m;
Business Impact Estimate statement for ordinance clarifying definition of department head 4.16.25.pdf
MONROECOAD-61-3956108-I.pdf
FINANCIAL IMPACT:
N/A
2
d8
I � �
BUSINESS IMPACT ESTIMATE'
Rev.06/2024
Meeting Date: April 16,2025
Proposed Ordinance Title/Reference: AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY AMENDING MONROE COUNTY CODE TO
REFLECT CHANGES TO THE TABLE OF ORGANIZATION INCLUDING AMENDING SECTION
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 ❑ does E does not fall under one of the following enumerated exceptions:2
❑ The proposed ordinance is required for compliance with Federal or State law or regulation;
❑ The proposed ordinance relates to the issuance or refinancing of debt;
❑ The proposed ordinance relates to the adoption of budgets or budget amendments,including revenue
sources necessary to fund the budget;
❑ The proposed ordinance is required to implement a contract or an agreement, including, but not
limited to, any Federal, State, local, or private grant or other financial assistance accepted by the
county government;
❑ The proposed ordinance is an emergency ordinance;
❑ The ordinance relates to procurement;or
❑ The proposed ordinance is enacted to implement the following:
a. Development orders and development permits,as those terms are defined in s. 163.3164,
and development agreements, as authorized by the Florida Local Government
Development Agreement Act under ss. 163.3220-163.3243;
b. Comprehensive plan amendments and land development regulation amendments initiated
by an application by a private party other than the county;
c. Sections 190.005 and 190.046, Florida Statutes, regarding community development
districts;
d. Section 553.73,Florida Statutes,relating to the Florida Building Code;or
e. Section 633.202,Florida Statutes,relating to the Florida Fire Prevention Code.
Summary of Proposed Ordinance and Statement of Public Purpose to be Served:
Amend the definition of the term"department head"to clarify that a department head can supervisor
more than 1 department but remain subordinate to the County Administrator and/or Assistant County
Administrator on the organizational table. This change is being made to create a position of Growth
Management Director who will supervisor and coordinate the work of the planning, building, and code
compliance departments.
Estimate of Direct Economic Impact on Private/For Profit Businesses:
a. Estimate of Direct Business Compliance Costs:None.
b. New Charges/Fees on Businesses Impacted:None.
c. Estimate of RegulatoLy Costs:None.
Good Faith Estimate of Number of Businesses Likely pacted:Businesses in the building trades industry
requested this change so they should from increased coordination between the planning,building, and code
compliance departments.
Any Additional Information:
Business impact statement must be posted on the county's website no later than the date the notice of proposed enactment is published.
2 F.S.125.66(3)(c)(2023)
KeysNews.eom
KE , / ,
IZEN
The Florida Keys Only Daily Newspaper, Est. 1876
PO Box 1800,Key West FL 33041
P:(941)206-1025 F:(305)294-0768
legals@keysnews.com
MONROE CO ADMIN/BOCC
1100 SIMONTON ST STE 2-205
KEY WEST FL 33040
Account: 423273 Ticket: 3956108
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA NOTICE OF INTENTION TO CONSIDER of County Commissioners.
COUNTY OF MONROE ADOPTION OF COUNTY ORDINANCE
Dated at Key West, Florida, this 29th
NOTICE IS HEREBY GIVEN TO WHOM day of March,2025.
Before the undersigned authority personally appeared IT MAY CONCERN that on April 16, (SEAL)KEVIN MADOK,Clerk of the Cir-
g y p y pp 2025,at 9:00 A.M.or as soon thereaf- cuit Court and Ex Officio Clerk of the
ter as the matter may be heard,at the Board of County Commissioners of
Marathon Government Center, 2798 Monroe County,Florida
Jill Kelli Di Benedetto who on oath says that he or she is Overseas Highway,Marathon,Florida, 03/29/25-KWC
the Board of County Commissioners 423273 3956108
of Monroe County, Florida, intends to
The legal advertising representative of the Key West Citizen,a five day newspa- consider adopting the following ordi-
nance:
per published in Key West,in Monroe County, Florida;that the attached copy of
advertisment,beinga legal notice in the matter of NOI Amendments to the Code CO ORDINANCE SI THE BOARD OF
g COUNTY COMMISSIONERS OF MON-
was published in said newspaper in the issues of: ROE COUNTY AMENDING MONROE
COUNTY CODE TO REFLECT CHANGES
TO THE TABLE OF ORGANIZATION IN-
Saturday, March 29,2025 CLUDING AMENDING SECTION 1-2 TO
CLARIFY THE DEFINITION OF THE TERM
"DEPARTMENT HEAD" AND TO ELIM-
INATE THE CURRENT REQUIREMENTS
Affiant further says that the Key West Citizen is a newspaper published in Key THAT THE VETERANS AFFAIRS DEPART-
MENT AND EMERGENCY MANAGE-
West, in said Monroe County, Florida and that the said newspapers has hereto- MENT DEPARTMENT HEADS DIRECT
fore been continuously published in said Monroe County, Florida Tuesday thru REPORT TO THE COUNTY ADMINISTRA-
TOR;Saturda weekly,and has been entered as periodicals matter at the post office in PROVIDING FOR SEVERABILIT L
y y p p PROVIDING FOR THE REPEAL OF ALL
Key West, in said Monroe County, Florida,for a period of 1 year next preceding ORDINANCES INCONSISTENT HERE-
the first publication of the attached copy of advertisement;and affiant further says WITH; PROVIDING FOR INCORPORA-
TION INTO THE MONROE COUNTY
that he or she has neither paid nor promised any person,firm or corporation any CODE; PROVIDING FOR FILING WITH
discount, rebate, commission or refund for the purpose of securing this advertise- THE DEPARTMENT OF STATE;AND PRO-
ment for publication in the said newspaper. VIDING AN EFFECTIVE DATE.
The proposed ordinance may be in-
spected by the public at the Monroe
County website by viewing the agen-
da packet for the April 16,2025,meet-
ing,which will be posted beginning on
4 April 11, 2025 at: http:Hmonroecoun-
(Signature ofAffiant) ty fl.igm2.com/Citizens/default.aspx.
The ordinance may also be viewed at
the Monroe County Attorney's office
Affirmed and subscribed before me this 31st day of March 2025 at 1111 12th St.Ste.408 Key West,FL
33040.
. .. The public can participate in the April
(Notary Public Signature) 16, 2025, meeting of the Board of
County Commissioners of Monroe
County, FL by attending in person or
Laura M Robins via Zoom.The Zoom link can be found
in the agenda at http:Hmonroecounty-
(Notary Public Printed Name) (Notary Seal) fl.igm2.com/citizens/default.aspx.
M commission expires 9/26/2026 ADA ASSISTANCE.If you are a person
Y p with a disability who needs special
accommodations in order to partici-
pate in this proceeding, please con-
tact the County Administrator's Office,
Personally Known X Produced Identification_ by phoning (305) 292-4441, between
the hours of 8.30a.m.-5.00p.m.,prior
to the scheduled meeting,if you are
Type of Identification Produced (Notary Seal) hearing or voice-impaired, call 711".
Live Closed-Captioning is available via
fio"tdry RUWNa SW,ur bMFlorida our web portal @ http://monroecoun-
tyfl.igm2.com/Citizens/Default.aspx for
� v ra iu b4 ns, meetings of the Monroe County Board
NJ r2,nnmi�n,Ian HH U2.82D
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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
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. 1st DCA 2015).
2
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:
04The veterans affairs e##+ee department of the county shall be 06 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 tr-ARGIervrtttliPcc.F_A.P � AffAirc;
depa*n `mot tG) -A.Prvther-departmef' �t F of�9G-AM69 frGrn the direct
ii IriGdin+inn of the nni pty adminic+ro+nr nnni Irc it Will roni tiro +hroo C-1 1hi nn+iGed
0
p ubTl'in h�, and GRly after 6Inh p a-blrtip he 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 , adminiGtrA+nr Apd, 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;
3
(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.
4
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. Digitally signed by Robert B.
Shillinger,Jr.
Shillinger, Jr. Date:2025.04.11 11:44:31 -04'00'
Robert B. Shillinger, Jr.
Monroe County Attorney
5