HomeMy WebLinkAboutOrdinance_07-11_06/09/2011 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:
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
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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 by the Village when evaluating and/or
analyzing reports issued by the Palm Beach County Inspector General:
(a) "Abuse" means the intentional, wrongful, or improper use of rank, position,
or authority by elected and appointed county and municipal officials and
employees designed to cause the loss or misuse of county or municipal funds
or resources, to adversely affect the rights of any person, or to achieve
personal gain or advantage 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 ain.
(c) "Misconduct" means improper contact (acts or omissions) undertaken with
the knowledge that the conduct violates a standard (an identifiable directive,
instruction policy, regulation rule statue, or other standard) or undertaken
with willful disregard that the conduct violates a standard with the intent to
harm or with the purpose of personal profit, advantage or gain.
(d) "Mismanagement" means a continuous pattern of management in such a
manner as to create or perpetuate waste abuse or to contribute to acts of faud.
This term does not include management decisions which are merely
debatable nor does it include action or inaction which is inadvertent,
unintentional or insubstantial.
(e) "Waste" means the extravagant, 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
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.
(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.
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(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 th day of June, 2011
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Upon Second Reading this 91h day of June 2011, the foregoing Ordinance was offered by Council
Member Humpage who moved its adoption. The motion was seconded by Council Member
Brennan and upon being put to a vote, the vote was as follows:
For Adoption Against Adoption
Mayor Tom Paterno X
Vice -Mayor Vince Arena X
Council Member Abby Brennan X
Council Member Jim Humpage X
Council Member Calvin Turnquest X
The Mayor thereupon declared the Ordinance duly passed and adopted this 9 day of June 2011.
MAYO OF TEQUESTA
Tom Paterno
ATTEST:
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Lori McWilliams, MMC = /N 71c
Village Clerk =� ` ��9p0'9� m y
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