HomeMy WebLinkAboutDocumentation_Regular_Tab 12_10/12/2017 �� DA�IS
,,. &
' ASHTON, �.A.
Keith W. Davis, Esq.
Roridn Bnr Bonrd Certified Attorney
City,Coiuity nrid Local Governmerrt Lnzo
E'mail:keith@davisashtonlaw.com
August 22, 2017
MEMORANDUM
To: Mayor Brennan, Vice Mayor D'Ambra, Council Members Arena, Okun and
Paterno
Cr. Manager Couzzo, Clerk McWilliams
From: Attorney Davis
Re: Resolution supporting payment for OIG program through county tax revenue
The following describes in detail the above referenced agenda item:
Following the success of the municipalities (including the Village of Tequesta) in
litigating the issue of funding for the county-wide office of inspector general (OIG), the
county has been seeking, contrary to the final court opinion in the litigation, voluntary
payment from municipalities for the OIG program. This resolution, which has already
been adopted by a number of other municipalities, expresses the Village Council's
support for the OIG program and support for the funding of the OIG program with
county tax revenue only.
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♦LEADING EXPERTS IN LOCAL GOVERNMENT LAW AND ETHICS♦
RESOLUTION NO. 39-17
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, SUPPORTING THE COUNTYWIDE OFFICE OF
INSPECTOR GENERAL, AND FURTHER SUPPORTING THE FUNDING OF
SAID OFFICE THROUGH COUNTY AD VALOREM TAX DOLLARS;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, on November 2, 2010, the voters of Palm Beach County approved a
referendum to amend the Palm Beach County Charter to create a countywide Office of the
Inspector General (the "IG Program"), which would be in effect in both the unincorporated and
incorporated areas of the County; and
WHEREAS, the Village Council of the Village of Tequesta fully supports the creation and
continued existence of the countywide IG Program as it provides a valuable service and benefit
to all County residents; and
WHEREAS, on May 17, 2011, the Board of County Commissioners for Palm Beach
County (the "BCC") adopted O�dinance No. 2011-009, which implemented the newly approved
countywide IG Program, and which required the Municipalities within Palm Beach County to
budget and pay for a portion of the IG Program's funding; and
WHEREAS, on December 21, 2016, the Fourth District Court of Appeal issued an opinion
holding that the County's efforts to force Municipalities to pay for the IG Program were barred by
the doctrine of municipal sovereign immunity; and
WHEREAS, the County recently has requested that all Municipalities in Palm Beach
County voluntarily pay their"fair share"of the costs toward the countywide IG Program; and
WHEREAS, the budget, st�ng levels, and levels of service for the countywide IG
Program are controlled by the BCC and not the Municipalities; and
WHEREAS, the services provided by the countywide IG Program are County services, not
municipal senrices; and
WHEREAS, residents of the Village of Tequesta just like residents of all Municipalities
within Palm Beach County, are also County residents; and
WHEREAS, Tequesta residents, whether individuals or businesses, pay taxes to the
County in the same amount as taxpayers residing in the unincorporated areas of the County; and
WHEREAS, Tequesta residents along with all other municipal residents pay millions of
dollars to the County each year in County taxes; and
WHEREAS, Tequesta residents, therefore, already are paying for the countywide IG
Program though payment of their County taxes; and
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WHEREAS, the BCC has the authority to continue funding the countywide IG Program
through County tax dollars at whatever level it approves.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, THAT:
Section 1: The Village Council of the Village of Tequesta fully supports the continued
existence and work of the countywide IG Program as it is a valuable County service and
resource available to all County residents, and further supports the BCC's continued funding of
the Program through County taxes.
Section 2: The Village Council of the Village of Tequesta does not support contributing
Village tax dollars to pay for the countywide IG Program since Tequesta residents already pay
for and support the Program through payment of their County taxes.
Section 3: This Resolution shall take effect immediately upon adoption.
Section 4: The Village Manager is hereby directed to transmit a copy of this Resolution
to the BCC and to the County Administrator.
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