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Home My WebLink AboutDocumentation_Regular_Tab 10_06/09/2011 ; �, = VILLAGE OF TEQUESTA -��'< AGENDA ITEM TRANSMITTAL FORM 1. VILLAGE COUNCIL MEETING: Meeting Date: Meeting Type: Regular Ordinance #: 7-11 5/12/11 Consent Agenda: No Resolution #: `. �. Originating Department: Attorney 2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report) AMENDED BY ATTORNEY SINCE FIRST READING DUE TO SCRIVENERS ERROR - Ordinance 7-11, Second 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: N/A Amount Remaining after item: N/A Budget Transfer Required: No Appropriate Fund Balance: No 4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item) Ordinance 7-11, Second 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: �� Finance Director: ❑ Reviewed for Financial �',�, n 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 McWilliams, Lori From: Keith W. Davis [keith@corbettandwhite.com] Sent: Monday, May 23, 2011 10:08 AM To: McWilliams, Lori Subject: IG definitions ordinance Attachments: Ord-Inspector General-5-6-11.docx Lori: I discovered a scrivener's error in the definition of "waste" and have corrected it as attached. Please use the attached version of the ordinance fort second reading. Thanks. Keith W. Davis, Esquire �C.��`�ssa� f� �� 1111 Hypoluxo Road, Suite 207 Lantana, Florida 33462 Tel: (561) 586-7ll6 Fax: (561) 586-9611 Email: keith(cr�,corbettandwhite.com Incoming e-mails are filtered which may delay receipt. This e-mail is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this e-mail is prohibited. Please notify us immediately by e-mail and delete the original message. *** eSafe 7canned this email for malicious conten� *** *** IMPCRTANT: Dc not open attachments from urrecognized senders *** 1 ORDINANCE NO. 7-91 AN ORDINAPICE 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 �eports 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: 1 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 finro sections as sec. 1-4 and adopting an entirely new sec. 1-3; providing that Chapter 1. General Provisions. shall hereafter read as follows: 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 bv the Villaqe when evaluatinq and/or analvzinq reports issued by the Palm Beach County Insqector General: (a) "Abuse" means the intentional, wrongful, or improper use of rank, position, or authoritv by elected and appointed county and municipal officials and emplovees desiqned to cause the loss or misuse of county or municipal funds or resources, to adversely affect the rights of anv person, or to achieve personal �ain or advantaqe for himself/herself or for any other persons. (b) "Fraud" means to commit an intentional violation of law or a deliberate misreqresentation or concealment so as to secure unfair or unlawful financial or personal gain. (c) "Misconduct" means improper contact (acts or omissions) undertaken with the knowledqe that the conduct violates a standard (an identifiable directive instruction olic re ulation 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, advantage or qain. (d) "Mismanaqement" 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 merely debatable, nor does it include action or inaction which is inadvertent, unintentional or insubstantial. (e) "Waste" means the extravaaant, careless, or needless expenditure of municipal funds or consumption of municipal property that results from deficient practices, systems controls or decisions. This term does not include manaqement decisions which are merely debatable, nor does it include action or inaction which is inadvertent, unintentional or insubstantial. Sec. 1�. Catchlines of sections; References to chapters or sections. 2 (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 seetions 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 th day of June, 2011 3