Ordinance 018-1987
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County Attorney
ORDINANCE NO. 018 -1987
AN ORDINANCE DECLARING THAT AN EMERGENCY
EXISTS AND WAIVING NOTICE BY A FOUR-FIFTH' S
VOTE; CREATING A HEARING OFFICER DIVISION
WITHIN THE COUNTY ADMINISTRATOR'S OFFICE;
PRESCRIBING THE DUTIES OF THE EMPLOYEES OF
THE DIVISION; PROVIDING FOR A HIRING PROCE-
DURE FOR SUCH EMPLOYEES; EXCLUDING MODIFIED
OR REJECTED RECOMMENDED ORDERS PROFESSIONALLY
PREPARED FROM BEING DEEMED UNSATISFACTORY
SERVICE; PROVIDING FOR SEVERABILITY; PROVID-
ING FOR INCORPORATION INTO THE MONROE COUNTY
CODE OF ORDINANCES; PROVIDING FOR REPEAL OF
ALL ORDINANCES INCONSISTENT HEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Monroe County Development Regulations provide
for a beneficial use and vested rights determination process for
landowners who might otherwise be deprived of either all use of
their land or be uncompensated therefor by the regulations just
described; and
WHEREAS, such process requires hearing officers in order to
be utilized; and
WHEREAS; numerous landowners desire to avail themselves of
such a process as soon as possible; and
WHEREAS, in the employment of such hearing officers, time is
of the essence; now, therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
Section 1.
An emergency is hereby declared and notice
waived by a four-fifth's vote.
Section 2.
Section 2-1.1, Monroe County Code, is hereby
created to read as follows:
Section 2-1.1
(a). There is hereby created within the Office of the County
Administrator a hearing officer division. Individuals employed
by this division shall be part-time employees as that term is
defined elsewhere in this Code and entitled to all benefits
accruing to such employees.
Individuals so employed shall be
considered employees of the County Administrator and shall in no
fashion be considered employees of the County Attorney's Office.
Individuals to be employed as hearing officers shall be hired
according to the method described in Section 2-51 (7), Monroe
County Code.
(b) The employee's gross wage shall be $125.00 per hour.
(c) The employee shall have the following duties:
1. Conduct beneficial use hearings and prepare
recommended orders therefor according to the terms of
Section 8-101, et seq., Monroe County Development
Regulations, including all preliminary matters connect-
ed therewith. Recommended orders shall be rendered
according to the standards of Section 8-101, et seq.,
Monroe County Development Regulations, except to the
extent that the employee, in his or her professional
judgment, believes such standards are superseded by the
laws of constitution of the State of Florida or the
United States of America. Applications for beneficial
use hearings shall be assigned to the employee at the
discretion of the County Administrator or his designee.
2. Conduct vested rights hearings and prepare recom-
mended orders therefor according to the terms of
Section 8-301, et seq., Monroe County Development
Regulations, including all preliminary matters connect-
ed therewith. Recommended orders shall be rendered
according to the standards of Section 8-301, et seq.,
Monroe County Development Regulations, except to the
extent that the employee, in his or her professional
judgment, believes such standards are superseded by the
laws or constitution of the State of Florida or the
United States of America. Applications for vested
rights hearings shall be assigned to the employee at
the discretion of the County Administrator.
3. Conduct hearings on such other matters
perform such other tasks and duties as the
Administrator may assign.
(d) In performance of the above described duties and
pursuant to the authority of Section 4-107 (C), Monroe County
and to
County
2
Development Regulations, the employee also has the responsibility
to issue subpoenas to compel the attendance of witnesses and
production of documents, and to administer oaths to witnesses
appearing at any hearings.
(e) The employee shall, in his or her dealings with all
County Staff concerning matters that involve or may involve any
subject matter at hearings before the employee, diligently
observe all relevant canons of ethics of the Florida Bar.
(f) All employees of the division employed as hearing
officers shall observe the restrictions on other employment
contained in Section 4-107 (A), Monroe County Development Regu-
lations.
Section 3. Section 2-51(7), Monroe County Code, is
hereby amended to read as follows:
(7) Employment of department heads and hearing officers:
The board of county conunissioners and the county administrator
shall review and approve the employment of, or promotion to, the
position of department head or hearing officer.
Section 4. Section 2-52, Monroe County Code, is hereby
amended by the addition of the following:
(g) Notwithstanding anything contained in the foregoing,
the performance of any hearing officer employee, employed pursu-
ant to Sections 2-1.1 and 2-51(7), Monroe County Code, shall not
be deemed unsatisfactory because any reconunended order or orders
prepared by such employee were rejected or modified by the Board
of County Conunissioners as long as the modified or rejected order
or orders were prepared in a professional manner.
Section 5. Compensation for the services rendered in
accordance with this ordinance shall be paid from funds allocated
through the Department of Conununity Affairs by the State of
Florida.
Section 6. If any section, subsection, sentence, clause
or provision of this Ordinance is held invalid, the remainder of
this Ordinance shall not be affected by such invalidity.
Section 7. All ordinances or parts of ordinances in
conflict with this Ordinance are hereby repealed to the extent of
said conflict.
3
Section 8.
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 9.
This Ordinance shall take effect when a copy
has been received by the postal authorities of the Government of
the United States for special delivery by registered mail to the
Department of State, State of Florida.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a special meeting of said Board held
on the 22nd day of June, A.D., 1987.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
a~rman
(SEAL)
Attest :DANNY L. KOLHAGE, Clerk
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ADOPTED: , ...e::J?~. Y 1
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EFFECTIVE DATE:
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BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 743-9036
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (S,051 294-4641
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852.9253
June 24, 1987
REGISTERED MAIL
RETURN RECIEPT REQUESTED
Mrs. Liz Cloud, Chief
Bureau of Administrative Code and Laws
Department of State
The Capitol
Tallahassee, Florida 32301
Dear Mrs. Cloud:
\
Enclosed please find a certified copy of Emergency
Ordinance No. 018-1987 creating a Hearing Officer Division
within the County Administrator's Office, etc.
This Ordinance was adopted by the Monroe County Board
of County Commissioners at a Special Meeting in formal
session on June 22, 1987.
Please file for record.
~
Very truly yours,
,
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
cc:
Municipal Code Corp.
Commissioner E. Lytton
County Attorney
Coun y Administrator
Fin nce Director
P nning Department
ile
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' PS For 811,Fkb.1986 DOMESTIC RETURN RECEIPT
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FLORIDA DEPARTMENT OF STATE
George Fi restone
Secretary of State
Dorothy W. Joyce
Deputy Secretary F9r ElectiQns
1802-E Tne CapItol
June 29, 1987
Honorable Danny L. Ko1hage
Clerk of Circuit Court
Monroe County Courthouse
500 Whitehead Street
Key West, Florida 33040
Attention: Rosalie L. Connolly, Deputy Clerk
I;
Dear Mr. Kolhage:
Pursuant to the provIsIons of Section 125.66, Florida
Statutes, this will acknowledge:
1. Receipt of letter/s of June 24, 1987
and certified copy/ies of Monroe Emergency Ord.
County Ordinance(s) #87-18
2. Receipt of
relative to:
(a)
which we have numbered
County Ordinance(s)
(b)
I which we have numbered
I
3. We have filed this/~h~~e ordinances in this office
on June 26, 1987.
4. The original/duplicate copy/ies showing the filing date
is/are being returned for your records.
C~ii'llY~
~~iZ Cloud, Chief
Bureau of Administrative Code
LC / mb
Enclosures
DIVISION OF ELECTIONS, Room 1801, The Capitol, Tallahassee, Florida 32301
(Bureau of Ad. Cd./Laws) (904) 488.7690 Room 1802-E Ordinances