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Ord 28-11ORDINANCE NO. 28 -11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 10, "GENERAL PROVISIONS ". BY AMENDING SECTION 10.05, "DEFINITIONS ", BY ADOPTING A PREAMBLE ALONG WITH FIVE (5) NEW DEFINITIONS WHICH SHALL BE INCLUDED AMONG THE EXISTING DEFINITIONS IN ALPHABETICAL ORDER; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach desires to provide for additional definitions to be included in its code of ordinances which shall be utilized by all elected and appointed officials, all appointed boards; and by all employees, outside vendors and consultants and /or anyone doing business with the City of Delray Beach; and WHEREAS, the City of Delray Beach believes that these revisions to the Code of Ordinances are in the best interests of the City of Delray Beach as they will provide for additional clear and objective definitions to guide all those dealing with the City of Delray Beach. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1: That Chapter 10, "General Provisions" of the Code of Ordinances of the City of Delray Beach is amended by amending Section 10.05, "Definitions" to read as follows: Sec. 10.05. DEFINITIONS. The following Definitions shall be used in the City of Delray Beach by all elected and appointed officials, all appointed and elected boards and commissions employees, outside vendors and consultants. and /or anyone doing business with the City of Delray Beach. (A) General Rule. Words and phrases shall be taken in their plain or ordinary and usual sense. However , technical words and phrases having a peculiar and appropriate meaning in law shall be understood according to their technical import. 1 Ord. No. 28 -11 (B) For the purpose of this Code, the following definitions shall apply unless the context clearly indicates or requires a different meaning. .Abuse Means the intentional wrongful, or improper use of rank, 12osition or authority by elected and appointed municipal officials and employees designed to cause the loss or misuse of municipal funds or resources, to adversely affect the rights of and person or to achieve personal gain or advantage for himself /herself or for any other persons. City, muniapal corporation, municipality or town. The City of Delray Beach, Florida. Code, this Code, of this Code of Ordinances. The Municipal Code as modified by amendment, revision and adoption of new titles, Chapters or Sections. County. Palm Beach County, Florida Fraud To commit an intentional violation of law or a deliberate misrepresentation or concealment so as to secure unfair or unlawful financial or personal gain. May. The act referred to is permissive. Misconduct Improper contact (acts or omissions.) undertaken with the knowledge that the conduct violates a standard (an identifiable directive, instruction,` policy- regulation, rule, statute, 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. Mismanagement Means a continuous pattern of management in such a manner as to create or perpetuate waste abuse or to contribute to acts of fraud. This term does not include management decisions which are merely debatable not does it include action or inaction which is inadvertent, unintentional or insubstantial. Oath. An affirmative in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words "swear" and sworn" shall be equivalent to the words "affirm" and "affirmed ". Officer, office, employee, Commission or department. An officer, office, employee, Commission or department of this municipality unless the context clearly requires otherwise. Person. Extends to and includes person, persons, firm, corporation, co- partnership, trustee, lessee or receiver. Whenever used in any clause prescribing and imposing a penalty, the terms "person" or "whoever" as applied to any unincorporated entity shall mean the partners or members thereof, and as applied to corporations, the officers or agents thereof. Preceding orfollowing. Next before or next after, respectively. 2 Ord. No. 28 -11 Shall. The act referred to is mandatory. Signature or subscription. Includes a mark when the person cannot write. State. The State of Florida. Subchapter. A division of a Chapter, designated in this Code by an underlined heading in the Chapter analysis and a capitalized heading in the body of the Chapter, setting apart a group of Sections related by the subject matter of the heading. Not all Chapters have subchapters. Waste 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. Whitten. Any representation of words, letters or figures, whether by printing or otherwise. Year. A calendar year, unless otherwise expressed; equivalent to the words "year of our Lord ". Section 2. That 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 hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. reading. Section 4. That this ordinance shall become effective immediately upon passage on second and final 3 Ord. No. 28 -11 PASSED ANL ATTEST: City Clerk First Reading�\ Second Reading Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: September 9, 2011 Page 1 of I SUBJECT: AGENDA ITEM 10Y. -REGULAR COMMISSION MEETING OF SEPTEMBER 20.2011 ORDINANCE NO. 28-11 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider an ordinance which provides definitions for fraud, waste, abuse, misconduct and mismanagement related to the Palm Beach County Inspector General. BACKGROUND At the first reading on September 6, 2011, the Commission passed Ordinance No. 28 -11. RECOMMENDATION Recommend approval of Ordinance No. 28 -11 on second and final reading. http: // itwebapp / Agendalntranet /Bluesheet.aspx ?ItemID= 4882 &MeetingID =330 9/22/2011 ORDINANCE NO. 28-11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 10, "GENERAL PROVISIONS ". BY AMENDING SECTION 10.05, "DEFINITIONS ", BY ADOPTING A PREAMBLE ALONG WITH FIVE (5) NEW DEFINITIONS WHICH SHALL BE INCLUDED AMONG THE EXISTING DEFINITIONS IN ALPHABETICAL ORDER; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach desires to provide for additional definitions to be included in its code of ordinances which shall be utilized by all elected and appointed officials, all appointed boards; and by all employees, outside vendors and consultants and /or anyone doing business with the City of Delray Beach; and WHEREAS, the City of Delray Beach believes that these revisions to the Code of Ordinances are in the best interests of the City of Delray Beach as they will provide for additional clear and objective definitions to guide all those dealing with the City of Delray Beach. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1: That Chapter 10, "General Provisions" of the Code of Ordinances of the City of Delray Beach is amended by amending Section 10.05, "Definitions" to read as follows: Sec. 10.05. DEFINITIONS. The following Definitions shall be used in the City of Beach by all elected and appointed officials all appointed and elected boards and commissions employees outside vendors and consultants and /or anyone doing business with the City of Delray Beach (A) General Rule. Words and phrases shall be taken in their plain or ordinary and usual sense. However , technical words and phrases having a peculiar and appropriate meaning in law shall be understood according to their technical import. (B) For the purpose of this Code, the following definitions shall apply unless the context clearly indicates or requires a different meaning. 1 Ord No. 28-11 Abuse Means the intentional wrong€iil or improper use of rank, position or authority by elected and appointed municipal officials and employees designed to cause the loss or misuse of municipal funds or resources to adversely affect the rights of my person, or to achieve personal gain or advantage for himself /herself or for any other persons. City, nwzidpal arration, nw idpalityor town. The City of Delray Beach, Florida Cale, this Code, of this Cade of O hnanas. The Municipal Code as modified by amendment, revision and adoption of new titles, Chapters or Sections. County Palm Beach County, Florida Frard To commit an intentional violation of law or a deliberate misrepresentation or concealment so as to secure unfair or unlawful financial or personal gain. May. The act referred to is permissive. Misanuluct Impro per contact (acts or omissions) undertaken with the knowledge that the conduct violates a standard (an identifiable directive instruction, policy, regulation, rule, statute, or other standard) or undertaken with willful disregard that the conduct violates a standard with the intent to hams or with the purpose of personal profit, advantage or g ia�n MwianaWnet# Means a continuous pattern of management in such a manner as to create or perpetuate waste abuse or to contribute to acts of fraud This term does not inchxle management decisions which are merely debatable nor does it include action or inaction which is inadvertent, unintentional or insubstantial. C1ath. An affirmative in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words "swear'' and swum" shall be equivalent to the words "affirm" and "affinried'. Officer, officr, employee, Cwnaasim or dgvdnvat. An officer, office, emplo)ee, Commission or department of this municipality unless the context clearly requires otherwise. Person. Extends to and includes person, persons, firm, corporation, co- partnership, trustee, lessee or receiver. Whenever used in any clause prescribing and imposing a penalty, the term "person" or "whoever" as applied to any unincorporated entity shall mean the partners or members thereof, and as applied to corporations, the officers or agents thereof. Prerriingor folbwng. Next before or next after, respectively. Shall. The act referred to is mandatory. Sig vtwv or R,&- -iptwa Includes a mark when the person cannot write. 2 Ord. No. 28 -11 State. The State of Florida. Subdiapter. A division of a Chapter, designated in this Code by an underlined heading in the Chapter analysis and a capitalized heading in the body of the Chapter, setting apart a group of Sections related by the subject matter of the heading. Not all Chapters have subchapters. Waste The extravagant careless or needless expenditure of municipal funds or it include action or inaction which is inadvertent, unintentional or insubstantial. Lord ". Written Any representation of vwrds, letters or figures, whether by printing or otherwise. Yazr. A calendar year, unless otherwise expressed, equivalent to the words "year of our Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or ward be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 4. That this ordinance shall become effective immediately upon passage on second and final reading. 3 Ord No. 28 -11 PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2011. MAYOR ATTEST: City Clerk First Reading Coversheet TO: FROM: DATE: • 1 VA�ej MEMORANDUM Mayor and City Commissioners R. Brian Shutt, City Attorney August 29, 2011 Page 1 of 1 SUBJECT: AGENDA ITEM 12.C. - REGULAR COMMISSION MEETING OF SEPTEMBER 6, 2011 ORDINANCE NO. 28-11/PALM BEACH COUNTY'S INSPECTOR GENERAL ITEM BEFORE COMMISSION The item before the City Commission is Ordinance No. 28 -11, which provides definitions for fraud, waste, abuse, misconduct and mismanagement related to Palm Beach County's Inspector General Ordinance. BACKGROUND Palm Beach County adopted the Inspector General Ordinance in 2010 asserting the need to provide independent oversight of publicly funded transactions, projects and other local government operations. The proposed definitions will provide notice and clarity to officials, employees, vendors and contractors of the type of behavior that the City believes is improper, in conjunction with the County's Ordinance. The proposed definitions will also come into play given that the County Ordinance requires the City Manager to report allegations of mismanagement and fraud within the City. By providing these definitions, the Manager will have guidance on what to report. RECOMMENDATION The City Attorney's Office recommends approval of Ordinance 28 -11. http: // itwebapp /AgendaIntranetBluesheet .aspx ?ItemID = 4814 &MeetingID =328 9/9/2011 . Opbst Beach a s 6: cl LRAW BEAC IDAL 'RI A.'68. uc.. L f . t4 ririp respect to-1 Pro.-. posi ORDINANCE Ao. AN ORDINANCE OF T49 CiTY:*C6M--_- MISSION OFJHE`CITY OVEPELRAY. BEACH,: FLORIDA AM046ING THE- LAND'DWELopmNtREGULATIONS.: OF THE CITY.OF DELRAY BEACH.--BY, SITE PLAN.''.