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+ Article 1. Creation, Powers and Ordinances of Home Rule Charter Government + Article 2. Legislative Branch: Board of County Commissioners + Article 3. Executive Branch: County Manager + Article 4. Administrative Departments Article 6. Special Districts and Authorities + Article 7. Miscellaneous Provisions + Article 8. School Board of Brevard County Mission: Contribute to enhancing and ensuring Brevard's quality of life ... today and always! |
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ARTICLE 4. ADMINISTRATIVE DEPARTMENTS SECTION 4.1. ELECTED COUNTY OFFICERS The offices of Sheriff, Property Appraiser, Tax Collector, Clerk of the Circuit Court, and Supervisor of Elections are expressly preserved as departments of the County Government under this Charter. All of the powers, duties and functions now or hereafter prescribed by the Constitution and general laws of Florida applicable to such officers in noncharter counties are preserved, except as provided by this Charter. 4.1.1. Election and compensation. The Sheriff, Property Appraiser, Tax Collector, Clerk of the Circuit Court, and Supervisor of Elections shall be elected and compensated in the manner provided by law for such officers in noncharter counties. (Amd. 11-3-98) 4.1.2. Vacancies. Each County officer shall be subject to removal as prescribed by the State Constitution and general law for such officers in noncharter counties. Any other vacancy in a County office arising from the death, resignation, or removal of such official shall, if one year or less remains in the term of office, be filled by appointment of the Governor; provided, a vacancy created by recall shall be filled as provided in Section 5.2 of this Charter. Unless otherwise required by the State Constitution or general law, if more than one year remains in the term of office at the time the vacancy occurs, the vacancy shall be filled by a special election. The Board of County Commissioners, after first consulting with the Supervisor of Elections, shall by resolution fix the time period for candidate qualifying, the date of the election, and the date of any runoff election. There shall be a minimum of thirty (30) days between the close of qualifying and the date of the election, and a minimum of two weeks between the election and any runoff election. Such special elections shall otherwise be governed by the applicable provisions of general law. SECTION 4.2. DEPARTMENTS HEADED BY ELECTED OFFICERS The departments of County Government headed by elected officers enumerated in this section are not subject to the supervision of the County Manager. 4.2.1. Office of the Clerk of Circuit Court. The Office of the Clerk of Circuit Court shall be directed by the Clerk of Circuit Court, who shall have the powers and duties prescribed by the Constitution and laws of Florida for the office of Clerk of Circuit Court, subject to the exceptions provided in this Charter and with such additional powers and duties as may be conferred under this Charter. 4.2.2. Office of the Sheriff. The Office of the Sheriff shall be directed by the Sheriff, and shall be responsible for the control, operation and administration of the duties of law enforcement, and all other functions and duties now prescribed by the Constitution and laws of Florida for the office of Sheriff, subject to the exceptions provided in this Charter and with such additional powers and duties as many be conferred under this Charter. 4.2.3. Office of the Property Appraiser. The Office of the Property Appraiser shall be directed by the Property Appraiser, and shall be responsible for carrying out all functions, duties and requirements prescribed by the Constitution and laws of Florida for the office of Property Appraiser, subject to the exceptions provided in this Charter and with such additional powers and duties as may be conferred under this Charter. 4.2.4. Office of Supervisor of Elections. The Office of the Supervisor of Elections shall be directed by the Supervisor of Elections, and shall be responsible for carrying out all functions, duties and requirements prescribed by the Constitution and laws of Florida for the office of Supervisor of Elections, subject to the exceptions provided in this Charter and with such additional powers and duties as may be conferred under this Charter. 4.2.5. Office of Tax Collector. The Office of the Tax Collector shall be directed by the Tax Collector, and shall be responsible for carrying out all functions, duties and requirements prescribed by the Constitution and laws of Florida for the office of Tax Collector, subject to the exceptions provided in this Charter and with such additional powers and duties as may be conferred under this Charter. SECTION 4.3. OTHER INITIAL DEPARTMENTS All other departments existing upon adoption of this Charter are recognized and shall continue until modified or abolished by the Board of County Commissioners. SECTION 4.4. COUNTY ATTORNEY/ DEPARTMENT OF LEGAL SERVICES There shall be a department of legal services directed by an attorney appointed by the Board of County Commissioners. The Board of County Commissioners shall have the power and authority to employ or contract for other necessary legal services when necessary to carry out the duties and responsibilities of County Government. SECTION 4.5. DEPARTMENT DIRECTORS AND SPECIFIED ASSISTANTS The director of each department shall be the principal officer of the department. 4.5.1. Departments supervised by County Manager. Directors of departments not headed by an elected County officer or the County Attorney, together with those senior assistants to such directors specified by ordinance, shall be appointed by the County Manager, subject to confirmation by a majority vote of the Board of County Commissioners, and shall serve at the pleasure of the County Manager. 4.5.2. Departments headed by elected officers. Each elected County officer shall be the appointing and discharging authority for all employees and senior assistants of the department headed by that officer. SECTION 4.6. ESTABLISHMENT AND CHANGES OF DEPARTMENTS; ADDITIONAL POWERS AND FUNDING 4.6.1. No transfer from County Officers. A power of function existing in any County office by virtue of the State Constitution or general law and placed by this Charter under a County officer may not be further transferred or removed except by Charter amendment. In all other cases the Board of County Commissioners may by ordinance make changes in any or all department organizations including combinations, deletions and creation of departments or divisions or transfer of responsibility between departments and divisions. 4.6.2. Budget approval; additional duties. The budget of each department headed by an elected County officer shall be fixed and approved by the Board of County Commissioners, subject to the approval and review provided by general law to officers of like powers and functions in noncharter counties. No additional duties requiring the expenditure of funds shall be assigned under this Charter to any department headed by an elected County officer, unless funds are appropriated for that purpose or the officer consents to assume such duties without additional funding.
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