HomeMy WebLinkAboutDocumentation_Regular_Tab 25_05/12/2011 �`�� VILLAGE OF TEQUESTA New Item TAB #25
AGENDA ITEM TRANSAAITTAL FORM
1. VILLAGE COUNCIL MEETING:
Meeting Date: Meeting Type: Regular Ordinance #: 7-11
5/12/11
Consent Agenda: No Resolution #: �I���C h�r� ��a ��t�r t���.
Originating Department: Attorney
2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report)
Ordinance 7-11, First Readinq, Amending the Village Code of Ordinances at Chapter 1 General Provisions
by Repealing Sections 1-3. Catchlines of Sections and 1-4 References to Chapters or Sections and
Combining the Two Former Sections 1-3 and 1-4 as Sec. 1-4; and Adopting an Entirely New Sec 1-3 to be
Entitled "Definitions for Evaluation of Palm Beach County Inspection General Reports"
3. BUDGET / FINANCIAL IMPACT:
Account #: N/A Amount of this item: N/A
Current Budgeted Amount Available: Amount Remaining after item:
N/A N/A
Budget Transfer Required: No Appropriate Fund Balance: No
4. EXECUTIVE SUAAMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item)
Ordinance 7-11, First Readinq, Amending the Village Code of Ordinances at Chapter 1 General Provisions
by Repealing Sections 1-3. Catchlines of Sections and 1-4 References to Chapters or Sections and
Combining the Two Former Sections 1-3 and 1-4 as Sec. 1-4; and Adopting an Entirely New Sec 1-3 to be
Entitled "Definitions for Evaluation of Palm Beach County Inspection General Reports"
5. APPROVALS:
Dept. Head: 5 � ��� �� ��� Finance Director: ❑ Reviewed for Financial
Sufficiency
� No Financial Impact
Attorney: (for legal sufficiency) Yes ❑ No ❑
Village Manager: �
• SUBMIT FOR COUNCIL DISCUSSION: �
• APPROVE ITEM: ❑
• DENY ITEM: �
Form amended 08/26/08
ORDINANCE NO. 7-11
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF
ORDINANCES AT CHAPTER 1. GENERAL PROVISIONS. BY
REPEALING SECTIONS 1-3. CATCHLINES OF SECTIONS. AND 1-4.
REFERENCES TO CHAPTERS OR SECTIONS. AND COMBINING THE
TWO FORMER SECTIONS 1-3 AND 1-4 AS SEC. 1-4; AND ADOPTING
AN ENTIRELY NEW SEC 1-3 TO BE ENTITLED "DEFINITIONS FOR
EVALUATION OF PALM BEACH COUNTY INSPECTION GENERAL
REPORTS"; PROVIDING THAT EACH AND EVERY OTHER SECTION
AND SUBSECTION OF CHAPTER 1. SHALL REMAIN IN FULL FORCE
AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A
CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY
TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
WHEREAS, the Board of County Commissioners of Palm Beach County has
recently adopted an ordinance known as the "Palm Beach County Office of Inspector
General Ordinance," (the "IG Ordinance); and
WHEREAS, the IG Ordinance is applicable to municipalities due to a Palm
Beach County charter amendment approved by a majority of the voters of Palm Beach
County and a majority of the voters of the Village of Tequesta, in November of 2010;
and
WHEREAS, the Village Council of the Village of Tequesta desires to provide
definitions to be utilized when the evaluating and analyzing reports issued by the
Inspector General since there are no definitions of key terms utilized in the IG
Ordinance; and
WHEREAS, the Village Council believes that these revisions to the Code of
Ordinances are in the best interests of the Village of Tequesta as they will allow for a
clear and objective way in which to evaluate and analyze reports issued by the
Inspector General relating to the Village of Tequesta, if any are issued.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
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Section 1: Chapter 1. General Provisions. of the Code of Ordinances of the
Village of Tequesta is hereby amended by repealing sections 1-3 and 1-4, combining
those two sections as sec. 1-4 and adopting an entirely new sec. 1-3; providing that
Chapter 1. General Provisions. shall hereafter read as foltows:
CHAPTER 1.
GENERAL PROVISIONS
Sec. 1-1 and 1-2 (shall remain the same as previously adopted).
Sec. 1-3. The following definitions shall be utilized by the Villaqe when evaluatinq
and/or analyzing reports issued by the Palm Beach County Inspector General:
(a) "Abuse" means the intentional, wronqful, or improper use of rank,
position, or authoritv by elected and appointed county and municipal
officials and emplovees designed to cause the loss or misuse of
county or municipal funds or resources, to adversely affect the riqhts of
any person, or to achieve personal qain or advantaqe for
himself/herself or for any other persons.
(b) "Fraud" means to commit an intentional violation of law or a deliberate
misrepresentation or concealment so as to secure unfair or unlawFul
financial or personal qain.
(c) "Misconduct" means improper contact (acts or omissions) undertaken
with the knowledqe that the conduct violates a standard (an
identifiable directive, instruction, policy, regulation, rule, statue, or
other standard) or undertaken with willful disreqard that the conduct
violates a standard with the intent to harm or with the purpose of
personal profit, advantaqe or qain.
(d) "Mismanagement" means a continuous pattern of manaqement in
such a manner as to create or perpetuate waste, abuse or to
contribute to acts of faud. This term does not include manaqement
decisions which are merelv debatable, nor does it include action or
inaction which is inadvertent, unintentional or insubstantial.
(e) "Waste" means the extravaqant, careless, or needless expenditure of
county or municipal funds or consumption of county or municipal
property that results from deficient practices, systems controls or
decisions. This term does not include management decisions which
are merely debatable, nor does it include action or inaction which is
inadvertent, unintentional or insubstantial.
Sec. 1-4. Catchlines of sections; References to chapters or sections.
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(a) The catchlines of the several sections of this code printed in boldface
type are intended as mere catchwords to indicate the contents of the
sections and shall not be deemed or taken to be titles of such
sections, or deemed to be any part of the section; nor, unless
expressly so provided, shall they be so deemed when any of such
sections, including the catchlines, are amended or reenacted.
(b) All references to chapters or sections are to the chapters and sections
of this Code, unless otherwise specified.
Sec 1-5 through 1-14 (shall remain the same as previously adopted).
Section 2: Each and every other section and subsection of Chapter 1. General
Provisions. shall remain in full force and effect as previously enacted.
Section 3: All Ordinances or parts of Ordinances in conflict herewith be and
the same are hereby repealed.
Section 4: Should any Section or provision of this Ordinance or any portion
thereof, any paragraph, sentence or word be declared by a Court of competent
jurisdiction to be invalid, such decision shall not affect the validity of the remainder of
this Ordinance.
Section 5: Specific authority is hereby granted to codify this Ordinance.
Section 6: This Ordinance shall become effective immediately upon passage.
FIRST READING this 12 day of May, 2011
SECOND AND FINAL READING this 9 day of June, 2011
Y�docs\Tequesta\Ordinances12011\Ord-Inspector General-5-6-11.docx
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