Section 1.1: Creation and General Powers of
Home Rule Charter Government
Lee County shall be a Home Rule Charter county, and,
except as may be limited by this Home Rule Charter, shall have all county
and municipal powers of self-government granted now or in the future by
the Constitution and laws of the State of Florida.
Section 1.2: Body Corporate, Name and
Boundaries
Lee County shall be a body corporate and politic.
The corporate name shall be Lee County. The county seat and boundaries
shall be those presently designated by law.
Section 1.3: Relation to State Law
The provisions of this Home Rule Charter are not
intended, and shall not be construed, to conflict with the Constitution of
the State of Florida, a general law, or special law approved by vote of
the electorate.
Section 1.4: Relation to Municipal
Ordinances
Municipal ordinances shall prevail over County
ordinances to the extent of any conflict.
ARTICLE II
ORGANIZATION OF COUNTY GOVERNMENT
Section 2.1: Elected Commission and Appointed
County Manager Form of
Government
Lee County shall operate under an appointed County
Manager form of government with cooperation of legislative and executive
functions in accordance with the provisions of this Home Rule Charter. The
legislative responsibilities and powers of the County shall be assigned
to, and vested in, the Board of County Commissioners. The executive
responsibilities and power of the County shall be assigned to and vested
in the County Manager, who shall carry out the directives and policies of
the Board of County Commissioners and enforce all orders, resolutions,
ordinances, and regulations of the Board of County Commissioners, the
County Charter, and all applicable general law, to ensure that they are
faithfully executed.
Section 2.2: Legislative Branch
A. The County Commission. The governing body
of the County shall be a Board of County Commissioners composed of five
(5) members serving staggered terms of four (4) years. There shall be one
Commissioner for each of the five (5) County Commission districts
established pursuant to general law and they shall be elected in a
partisan election on a county-wide basis by the electors of the County.
Each County Commissioner during the term of office shall reside in the
district from which such County Commissioner ran for office, provided that
any County Commissioner who is removed from a district by redistricting
may continue to serve during the balance of the term of office.
B. Redistricting. County Commission district
boundaries shall be changed only after notice and a public hearing as
provided by general law.
C. Salaries and Other Compensation. Salaries
and other compensation of the County Commissioners shall be set the same
as those set by general law for the County Commissioners of non-charter
counties and shall not be lowered during the term of office.
D. Authority. The Board of County
Commissioners shall exercise all legislative authority provided by this
Home Rule Charter in addition to any other powers and duties authorized by
general law or special law.
E. Administrative Code. The Board of County
Commissioners shall adopt an Administrative Code by ordinance and in
accordance with general law within twelve (12) months of the effective
date of this Charter.
(1) The Administrative Code shall organize the
administration of County government and set forth the duties and
responsibilities and powers of all County officials and agencies.
(2) The Administrative Code shall not apply to the
elected Constitutional Officers.
F. Vacancies. A vacancy in the office of
County Commissioner shall be defined and filled as provided by general
law.
G. Recall. The members of the Board of County
Commissioners shall be subject to recall as provided by general law.
H. Initiative.
(1) The electors of Lee County shall have the right to
initiate County ordinances in order to establish new ordinances and to
amend or repeal existing ordinances upon petition of qualified electors in
the County. Each such proposed ordinance shall embrace but one subject and
matter directly connected therewith. The number of qualified elector
signatures for a valid petition must equal at least five percent (5%) of
the electors qualified to vote in the last preceding general election.
(2) The sponsor of an initiative ordinance shall, prior
to obtaining any signatures, submit the text of the proposed ordinance to
the Supervisor of Elections, with the form on which, signatures will be
affixed, and shall obtain the approval of the Supervisor of Elections of
such form. The style and requirements of such form shall be specified by
County ordinance. The beginning date of any petition drive shall commence
upon the date of approval by the Supervisor of Elections of the form on
which signatures will be affixed, and said drive shall terminate one
hundred and eighty (180) days after that date. In the event sufficient
signatures are not acquired during that one hundred eighty (180) day
period, the petition initiative shall be rendered null and void and none
of the signatures may be carried over into another identical or similar
petition. The sponsor shall submit signed and dated forms to the
Supervisor of Elections and upon submission shall pay all fees as required
by general law. The Supervisor of Elections shall within forty-five (45)
days verify the signatures thereon.
(3) Within forty-five (45) days after the requisite
number of names have been verified by the Supervisor of Elections and
reported to the Board of County Commissioners, the Board of County
Commissioners shall notice and hold according to general law a public
hearing on the proposed ordinance and vote on it. If the Board of County
Commissioners fails to enact the proposed ordinance at the public hearing,
it shall, at the public hearing, by resolution, call for a referendum on
the question of the adoption of the proposed ordinance to be held at the
next general election occurring at least ninety (90) days after the
adoption of such resolution. If the question of the adoption of the
proposed ordinance is approved by a majority of those registered electors
voting on the question, the proposed ordinance shall be declared by
resolution of the Board of County Commissioners to be enacted and shall
become effective on the date specified in the ordinance, or, if not so
specified, on January 1of the succeeding year. The Board of County
Commissioners shall not amend or repeal an ordinance adopted by this
initiative procedure for a period of one year after the effective date of
such ordinance and thereafter may amend or repeal such ordinance only by
an affirmative vote of at least a majority plus one of its membership.
(4) The power to enact, amend or repeal an ordinance by
initiative shall not include ordinances relating to the County budget,
debt obligations, capital improvement programs, salaries of County
officers and employees, the levy and collection of taxes, and the rezoning
of an individual parcel of land.
I. Non-Interference.
(1) County Commissioners may communicate, directly or
indirectly, with employees, officers or agents under the direct or
indirect supervision of the County Manager or County Attorney only for the
purpose of inquiry or information.
(2) Except for the purpose of inquiry or information, a
County Commissioner shall not, directly or indirectly, give directions to
or interfere with the performance of the duties of any employee, officer,
or agent under the direct or indirect supervision of the County Manager or
County Attorney.
(3) Violations of the Section of the Charter shall
constitute malfeasance within the meaning of Section 100.361(l)(b),
Florida Statutes.
(4) Nothing contained herein shall prevent a County
Commissioner from referring a citizen complaint or request to the County
Manager or County Attorney.
Section 2.3: Executive Branch
A. The County Manager
(1) The County Manager shall be appointed by an
affirmative vote of a simple majority of the membership of the Board of
County Commissioners. The County Manager may be terminated with or without
cause by an affirmative vote of a simple majority of the membership of the
Board of County Commissioners. The County Manager may be employed by means
of a contract with the Board of County Commissioners. The County Manager
shall be the chief executive officer of the County and all executive
responsibilities and power shall be assigned to and vested in the County
Manager, which shall consist of the following powers and duties, with the
specific exception of the Office of the Lee County Hearing Examiner, which
notwithstanding any provision of this Charter to the contrary, may
continue by existing Ordinance, or be re-established by new Ordinance,
consistent with the other provisions of this Charter:
(a) Report annually to the Board of County
Commissioners and to the citizens on the state of the County, the work of
the previous year, recommendations for action or programs for improvement
of the County, and the well-being of its residents.
(b) Prepare and submit the annual budget and capital
programs to the Board of County Commissioners and execute the budget and
capital programs in accordance with appropriations and ordinances enacted
by the Commission.
(c) Ensure that all ordinances resolutions and orders
of the Board of County Commissioners and all laws of the State which are
subject to enforcement by the County Manager, or by officers who are
subject under this Charter to the County Manager's direction and
supervision, are faithfully executed.
(d) Carry into execution such other powers or duties,
as are required by this Charter or may be prescribed by the Board of
County Commissioners.
(e) The County Manager shall exercise all executive
authority provided by this Home Rule Charter in addition to all other
powers and duties authorized by general or special law.
(2) The County Manager shall be qualified by
administrative and executive experience and ability to serve as the chief
executive officer of the County. Minimum qualifications including
educational and administrative requirements for the County Manager shall
be established by County ordinance. The County Manager need not be a
resident of the County at the time of appointment, but during the term of
appointment shall reside within the County.
(3) The compensation of the County Manager shall be
fixed by the Board of County Commissioners.
(4) The office of County Manager shall be deemed vacant
if the incumbent moves his residence from the County or is, by death,
illness, or other casualty, unable to continue in office. A vacancy in the
office shall be filled in the same manner as the original appointment. The
Board of County Commissioners may appoint an acting County Manager in the
case of vacancy, temporary absence or disability until a successor has
been appointed and qualified or the County Manager returns.
B. County Department Heads.
(1) The County department heads shall be appointed by
and shall be responsible to the County Manager.
(2) The County Manager shall have the sole authority to
suspend or terminate any department head with or without cause.
C. County Attorney.
(1) The County Attorney shall be appointed by an
affirmative vote of a simple majority of the membership of the Board of
County Commissioners. The County Attorney may be terminated with or
without cause by an affirmative vote of a simple majority of the
membership of the Board of County Commissioners.
(2) The County Attorney may be employed by means of a
contract with the Board of County Commissioners.
(3) The County Attorney shall be a member in good
standing of the Florida Bar and shall reside within the County during the
term of appointment.
(4) The County Attorney shall be the legal advisor and
provide legal services to the Board of County Commissioners, the County
Manager and departments and divisions under the supervision of the County
Manager, and all County regulatory and advisory boards and agencies in all
matters relating to their official duties and responsibilities.
(5) The County Attorney shall appoint and terminate
Assistant County Attorneys with or without cause.
(6) In the event there is an actual or potential
conflict of interest between parties represented by the County Attorney as
specified in Section 2.3.C.(4), the County Attorney shall promptly submit
such conflict to the Board of County Commissioners who shall resolve such
conflict by hiring special legal counsel or other lawfully available
method to resolve the conflict.
ARTICLE III
ELECTED COUNTY CONSTITUTIONAL OFFICES
Section 3.1: Elected County Constitutional
Offices
The offices of Sheriff, Property Appraiser, Tax
Collector, Clerk of the Circuit Court and Supervisor of Elections shall
remain as independent, elected constitutional officers and the powers,
duties and functions shall not be altered by this Home Rule Charter. The
Constitutional officers shall perform their executive and administrative
functions as specified by general law.
ARTICLE IV
HOME RULE CHARTER AMENDMENTS,
CHARTER REVIEW, TRANSITION, SEVERANCE, EFFECTIVE DATE
Section 4.1: Home Rule Charter Amendments
A. Amendments Proposed by Petition.
(1) The electors of Lee County shall have the right to
initiate proposed amendments to this Home Rule Charter upon petition of
the qualified electors in the County. The number of qualified elector
signatures for a valid petition must equal at least seven percent (7%) of
the electors qualified to vote in the last preceding general election.
(2) Each such proposed amendment shall embrace but one
subject and matter directly connected therewith. Each Charter amendment
proposed by petition shall be placed on the ballot by resolution of the
Board of County Commissioners for the next general election occurring in
excess of ninety (90) days from the certification by the Supervisor of
Elections that the requisite number of signatures has been verified.
(3) The sponsor of a petition amendment shall, prior to
obtaining any signatures, submit the text of the proposed amendment to the
Supervisor of Elections, with the form on which the signatures will be
affixed, and shall obtain the approval of the Supervisor of Elections of
such form. The style and requirements of such form shall be specified by
County ordinance. The beginning date of any petition drive shall commence
upon the date of approval by the Supervisor of Elections of the form on
which signatures will be affixed, and said drive shall terminate one
hundred and eighty (180) days after that date. In the event sufficient
signatures are not acquired during that one hundred and eighty (180) day
period, the petition initiative shall be rendered null and void and none
of the signatures may be carried over onto another identical or similar
petition. The sponsor shall submit signed and dated forms to the
Supervisor of Elections and upon submission pay all fees as required by
general law. The Supervisor of Elections shall within forty-five (45) days
verify the signatures thereon.
(4) If approved by a majority of those electors voting
on the amendment at the general election, the amendment shall become
effective on the date specified in the amendment, or, if not so specified,
on January 1 of the succeeding year.
B. Amendments and Revisions by Charter Review
Committee.
(1) A Charter Review Committee consisting of fifteen
(15) electors of the County shall be appointed by the Board of County
Commissioners at least twelve (12) months before the general election
every four (4) years after the general election occurring in 1996. The
Charter Review Committee shall review the Home Rule Charter and propose
any amendments or revisions which may be advisable for placement on the
general election ballot. No member of the State Legislature, the Board of
County Commissioners, or any elected officer of a municipality shall be a
member of the Charter Review Committee. Vacancies shall be filled within
thirty (30) days in the same manner as the original appointments.
(2) The Charter Review Committee shall meet for the
purpose of organization within thirty (30) days after the appointments
have been made. The Charter Review Committee shall elect a chairman and
vice chairman from among its membership. Further meetings of the Charter
Review Committee shall be held upon the call of the chairman or a majority
of the members of the Charter Review Committee. All meetings shall be open
to the public. A majority of the members of the Charter Review Committee
shall constitute a quorum. The Charter Review Committee may adopt such
other rules for its operations and proceedings as it deems desirable.
Members of the Charter Review Committee shall receive no compensation but
shall be reimbursed for necessary expenses pursuant to general law.
(3) A budget for the Charter Review Committee shall be
set by the Board of County Commissioners. Within the budget limits set by
the County Commission, the Charter Review Committee may employ a staff,
consult and retain experts, and purchase, lease, or otherwise provide for
such supplies, materials, equipment and facilities as it deems necessary
and desirable.
(4) The Charter Review Committee shall hold at least
three (3) public hearings at intervals of not less than ten (10) days nor
more than twenty (20) days on any proposed Charter amendment or revision,
and no Charter amendment or revision shall be submitted to the County
Commission for consideration unless favorably voted upon by an affirmative
vote of a two-thirds (2/3) majority of the entire membership of the
Charter Review Committee.
(5) No later than one hundred and twenty (120) days
prior to the general election, the Charter Review Committee shall deliver
to the Board of County Commissioners the proposed amendments or revisions,
if any, to the Home Rule Charter. The Board of County Commissioners shall
promptly review the proposals as approved by the Charter Review Committee.
If approved by a majority of the membership of the Commission, the County
Commission shall place the proposals on the next general election ballot.
If a majority of the electors voting on the amendments or revisions to the
Charter favor adoption, such amendments or revisions shall become
effective on January 1 of the succeeding year or such other time as the
amendment or revision shall provide.
(6) If the Charter Review Committee does not submit any
proposed Charter amendments or revisions to the Board of County
Commissioners at least one hundred and twenty (120) days prior to the
general election, the Charter Review Committee shall be automatically
dissolved. Otherwise, upon acceptance or rejection of the proposed
amendments or revisions by the County Commission, the Charter Review
Committee shall be automatically dissolved. Upon dissolution of the
Charter Review Committee, all property of the Charter Review Committee
shall thereupon become the property of the County.
C. Amendments Proposed by the Board of County
Commissioners.
(1) Amendments to this Home Rule Charter may be
proposed by ordinance enacted by the Board of County Commissioners by an
affirmative vote of a simple majority of the membership of the Board of
County Commissioners. Each proposed amendment shall embrace but one
subject and matter directly connected therewith. Each proposed amendment
shall become effective upon approval by a majority of the electors of Lee
County voting in a referendum at a general election. The Board of County
Commissioners shall give public-notice of such referendum election as
required by general law.
(2) If approved by a majority of those electors voting
on amendment at the general election, the amendment shall become effective
on the date specified in the amendment, or, if not so specified, on
January 1 of the succeeding year.
Section 4.2: Home Rule Charter Transition
A. General Provisions.
Unless expressly provided otherwise in this Home Rule
Charter, the adoption of this Charter shall not affect any existing
contracts or obligations of Lee County; the validity of any of its laws,
ordinances, regulations, and resolutions; or the term of office of any
elected County officer, whose term shall continue as if this Charter had
not been adopted.
B. Initial County Commissioners.
The persons comprising the Lee County Board of County
Commissioners on the effective date of this Charter shall become the
initial members of the Board of County Commissioners of the Charter
Government and shall perform the functions thereof until the normal
expiration of their terms or until the election and qualification of their
successors as provided by law.
C. Outstanding Bonds.
All outstanding bonds, revenue certificates, and other
financial obligations of the County outstanding on the effective date of
this Charter shall be obligations of the Charter Government. All actions
taken by the former government relating to the issuance of such
obligations are hereby ratified and confirmed. Payment of such obligations
and the interest thereon shall be made solely from and charged solely
against funds derived from the same sources from which such payment would
have been made had this Charter not taken effect.
D. Employee Continuation.
All employees of the former county government shall on
the effective date on this Charter become employees of the County
government created by this Charter. All existing wages, benefits,
collective bargaining certifications and agreements, and conditions of
employment shall continue uninterrupted, until modified by lawful action
of the Board of County Commissioners or joint agreement of the Board and
any appropriate bargaining agent, if a collective bargaining agreement
exists and controls.
Section 4.3: Severability
If any provision of this Charter or the application
thereof to any person or circumstance is held to be invalid, the
invalidity shall not affect other provisions or applications of the
Charter which shall be given effect without the invalid provision or
application, and to this end the provisions of this Charter are declared
severable.
Section 4.4: Home Rule Charter Effective Date
This Charter shall become effective on January 1, 1997.
