A Resolution of the
Cochise County Board of Supervisors Clarifying the Role of the County
Administrator and Re-Affirming the County Administrator Form of
Organization
WHEREAS the
Board of Supervisors adopted Resolutions No. 93-08 and No. 93-24
re-establishing the position of County Administrator, adopting a County
Administrator form of organization, and setting forth certain duties
and responsibilities;
WHEREAS the
Board of Supervisors wishes to re-affirm the provisions of these
resolutions and provide certain clarification; and;
WHEREAS
among those issues that the Board of Supervisors wishes to clarify are
to specify those departments and employees that report directly to the
County Administrator and to clarify the proper relationship of the
County Administrator to the other Department Heads and Elected
Officials; and
WHEREAS, it
would be in the best interests of the County, its employees and
officials to include all of the clarifications in a single resolution
so that the direction of the Board will be unambiguous,
NOW BE IT THEREFORE RESOLVED that:
1. The prior resolutions No. 93-08 and No.
93-24 are hereby incorporated, subject to some modification as noted
below, into this Resolution and this Resolution shall hereinafter be
the operative Resolution for purposes of defining the authority of the
County Administrator position in Cochise County.
2. That the County Administrator, subject only
to the direction of the Board of Supervisors, shall be responsible for
the administrative oversight of those County government functions that
fall within the jurisdiction of the Board of Supervisors.
3. That the County Administrator shall be
appointed by the Board of Supervisors and shall serve at the pleasure
of the Board.
4. That compensation and other terms and
conditions of employment of the County Administrator shall be
established by the Board.
5. That the appointment, removal, suspension or
request for resignation of the County Administrator shall require the
affirmative vote of a majority of all members of the Board.
6. That the County Administrator shall
establish residency in Cochise County within six months of the official
date of hire and maintain County residency continuously throughout the
term of employment.
7. That the County Administrator shall devote
such time and effort as may be required to properly discharge the
duties of the position and shall not engage in personal or professional
activities which conflict with the proper performance of such duties.
8. That the County Administrator shall be
responsible for the appointment, promotion, supervision, management,
oversight, discipline and removal of those persons shown on the adopted
organization chart for the Board of Supervisors as reporting directly
to the County Administrator. This currently includes the director of
the Finance Department, the director of the Department of Facilities
and Solid Waste, the director of the Human Resources Department, the
director of Information Technologies, the Management Analyst, the
Public Information Officer, the grants administrators, and any
additional departments or personnel that may be designated by the
Board. The County Administrator shall comply with all applicable Merit
System rules and all other applicable laws, regulations, and Board
policies in performing these responsibilities.
9. That, at the direction of the Board of
Supervisors, the County Administrator shall also evaluate the
performance of all department heads and other persons reporting
directly to the Board of Supervisors and shall make recommendations to
the Board of Supervisors as to appointment, promotion, discipline,
salary increases or decreases, and/or removal of such persons.
10. That with respect to those Department Heads
and other persons specified in paragraph 9 above (but not including
elected officials or judicial branch personnel), the County
Administrator shall serve as the primary point of contact for
communications between these employees and officials and the Board of
Supervisors. All such employees and officials are directed to bring all
issues of budget, major expenditures, county policy or other matters
that may require a collective decision of the Board of Supervisors,
through the County Administrator, who will schedule the matter for
consideration by the Board, as may be appropriate. The County
Administrator shall be authorized to make routine decisions or
decisions that implement prior adopted policy or work programs. Said
persons who are not satisfied with the determination of the County
Administrator may request action by the entire Board of Supervisors to
resolve the issue through the Clerk of the Board.
11. Nothing stated herein shall prevent any
County employee or official from discussing any matters of County
business or County policy with any individual member of the Board of
Supervisors at the request of that Board member. All County employees
and officials are directed to refrain from attempting to
“poll” individual Board members on any particular issue or
question, in any manner that may constitute a violation of the Open
Meeting Law. All such issues should be presented through the County
Administrator for appropriate consideration by the full Board. All
County employees and officials are also directed to refrain from
adopting any policies that may vary from existing County policies or
from pursuing any work tasks that may involve substantial expenses and
that have not been authorized in any existing plans and budgets, upon
the request of any individual member of the Board of Supervisors. Any
such requests should be submitted to the County Administrator to allow
the full Board to consider and enact any such policy, plan or program,
prior to action. The County Administrator may provide direction to
proceed with matters that are consistent with the adopted policies,
procedures and budgets of the Board.
12. That, the County Administrator shall review
and evaluate the budget, which has been prepared by the Finance
Director, and shall make fiscal and policy recommendations to the Board
of Supervisors as appropriate.
13. That the County Administrator shall present
the budget for adoption and submit such other reports regarding the
financial and administrative operations as the Board may direct.
14. That the County Administrator shall, as
appropriate, recommend changes in organization within and among County
departments where such changes will enhance the efficiency and/or
effectiveness of County government.
15. That the County Administrator shall act as
liaison between elected County officials, their deputies and the Board,
and shall coordinate matters pertaining to these officials relating to
budget, finance, personnel and other County-wide Policies; provide that
any elected official or department head who wishes to meet with the
Board shall advise either the Clerk of the Board, County Administrator,
or any Board member of the topic or topics to be discussed and this
request shall be placed before the Board.
16. That the County Administrator shall, on
request of the Board or otherwise, provide such information and
recommendations to the Board as may be necessary to permit the Board to
effectively perform its oversight role with respect to County
operations.
17. That the County Administrator shall attend meetings of the Board as required.
18. That the County Administrator may
promulgate and implement such rules, regulations and procedures as are
consistent with the policy determinations and directives of the Board,
and conducive to or required for the effective conduct of County
operations subject to the jurisdiction of the Board.
19. That the County Administrator shall, at the
request and direction of the Board of Supervisors, acting in its
capacity as the Board of Directors for a political subdivision, such as
the Flood Control District or the Library District, perform
administrative, liaison, or such other duties as may be directed by
these Boards.
20. That, subject to general direction from the
Board of Supervisors, the County Administrator shall oversee and direct
work involving multiple departments or issues of countywide interest.
21. That the County Administrator shall act as
a liaison to department heads and elected officials and shall mediate
inter-departmental disputes in accordance with the Board of
Supervisors’ direction or approved policies.
22. That the County Administrator shall
identify, analyze and make recommendations on policy issues for the
Board of Supervisors.
23. That the County Administrator shall serve
as the designated public lobbyist for Cochise County, shall register
and assume responsibility for reporting all County lobbying
expenditures that are required by law, and shall have the power to
appoint authorized public lobbyists for Cochise County, provided that
this delegation of authority may be exercised only by issuance of a
written statement of appointment, an original of which shall be filed
with the Clerk of the Board prior to the appointment becoming effective.
24. That all prior resolutions and Board
actions, including but not limited to, Resolutions 91-47, 92-65, 92-87,
93-04, 93-24 and County organization charts are hereby amended to the
extent necessary to incorporate and effect the re-delegation of
authority contained in this resolution.
25. That the County Administrator shall execute
the County’s annual application for Emergency Management
Assistance funds and shall assume oversight of the preparation and
execution of routine Emergency Management Assistance documents,
including quarterly reports for reimbursements and supporting
documentation, by the Cochise County Emergency Services Director.
26. That the Clerk of the Board of Supervisors
shall undertake and assist the County Administrator to take any
requisite action to effect the provisions contained in this resolution.
27. That within 90 days of Board action
approving this resolution, the Personnel Management Director and
Finance Director shall update and reissue any previously issued rules,
including Merit Rules, policies, procedures, regulations and charts
which contain provisions inconsistent with this resolution in order to
incorporate and notify employees and the public of the pertinent
modifications of this resolution.
PASSED AND ADOPTED this 1st___ day of April, 2003.