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Ord 31-15ORDINANCE NO. 31-15 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR A CHARTER AMENDMENT BY AMENDING ARTICLE IV, "ADMINISTRATIVE - EXECUTIVE", BY ADDING SECTION 4.10, "INTERNAL AUDITOR APPOINTMENT, QUALIFICATIONS, REMOVAL AND COMPENSATION" AND SECTION 4.11, "DUTIES OF INTERNAL AUDITOR", TO PROVIDE THE CITY COMMISSION WITH THE DISCRETION TO APPOINT AN INTERNAL AUDITOR; PROVIDING FOR A REFERENDUM ON THE ISSUE TO BE HELD ON MARCH 15,2016; PROVIDING A SAVINGS CLAUSE; GENERAL REPEALER CLAUSE; AND AN EFFECTIVE DATE. WHEREAS, Section 166.031, Florida Statutes provides that the governing body of a municipality may, by ordinance, submit to the electors of the municipality a proposed amendment to its charter and place the proposed amendment contained in the ordinance to a vote of the electors at a general or special election; and WHEREAS, the City Commission desites to have the ability to appoint an internal auditor for the purpose of reviewing business practices, procedures, internal controls and procurement practices which ase used, employed and promulgated by the City of Delray Beach. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That the City Commission of the City of Delray Beach, Florida, hereby incorporates the .recitals set forth above and hereby incorporates them herein in their entitety. Section 2. That Article IV, "Administrative -Executive" of the City of Delray Beach Charter shall hereby be amended to read as follows: Sec. 4.10. INTERNAL AUDITOR APPOINTMENT, QUALIFICATIONS, REMOVAL AND COMPENSATION (A) Appointment. The City Commission may appoint an Internal Auditor as may be deemed necessary for an indefinite term by majority vote of the Commission. The Internal Auditor shall report directly to the City Commission and be employed under such terms and conditions as the City Commission may deem advisable. to the position of Internal Auditor shall be a person who holds and maintains an active license to practice public accounting pursuant to Chapter 473, Flonda Statutes, as may be amended from time to time, and shall have sufficient experience in govemmental accounting and auditing practices. (C) Removal. The Internal Auditor shall hold office at the pleasure of a majority of the Commission. (D) Compensation. The City Commission may, from time to time, fix the regular compensation of the Internal Auditor at a sutra commensurate with the duties which may be imposed on them by this Charter and by the City Commission. Sec. 4.11. DUTIES OF INTERNAL AUDITOR (A) Duties. The Internal Auditor shall follow governmental auditing standards and shall review business practices, procedures, internal controls and procurement practices which ate used, employed and promulgated by the City of Delray Beach. The Internal Auditor shall also be responsible for the performance of such other duties assigned by the City Commission. The Internal Auditor shall review any matter related to city business upon the request of a majority of the City Commission or the City Manager. (B) Authority. To the degree necessary to fulfill the responsibilities of the office, the Internal Auditor shall have the power and authority to: 1) Conduct financial and compliance, economy and efficiency, and performance audits of city government and city officials with written reports submitted to both the City Commission and the City Manager. 2) Have ftee and unrestricted access to government employees, officials, records, and reports and, where appropriate, require all branches, departments and officials of city government to produce documents, files and other records. 3) Employ such other administrative, professional, expert and clerical assistance as is necessary, subject to City Commission approval, to carry out the Internal Auditor's required duties. Section 3. The Charter amendment proposed by this ordinance shall be submitted to the electors of the City of Delray Beach in conjunction with the March 15, 2016 Presidential Preference Primary election and shall be deemed adopted upon the favorable vote of a majority of the City electors voting at that time upon the following question: 2 ORD. NO. 31-15 CHARTER AMENDMENT —AUTHORITY TO APPOINT INTERNAL AUDITOR THE CHARTER CURRENTLY DOES NOT PROVIDE FOR THE APPOINTMENT OF AN INTERNAL AUDITOR. UNDER THE PROPOSED CHARTER AMENDMENT, THE CITY COMMISSION WOULD HAVE THE DISCRETION.TO APPOINT AN INTERNAL AUDITOR TO SERVE AT THE PLEASURE OF THE CITY COMMISSION, TO REVIEW THE BUSINESS PRACTICES, PROCEDURES, INTERNAL CONTROLS AND PROCUREMENT PRACTICES OF THE CITY OF DELRAY BEACH. SHALL THE CHARTER AMENDMENT BE ADOPTED? YES ❑ NO ❑ Section 5. That upon the approval of this ordinance by the electors as set forth above, all ordinances or parts of ordinances or Charter provisions or parts of Charter provisions in conflict herewith shall be and the same are hereby repealed as of the effective date of this Ordinance. Section 6. That should any clause, section or other part of this ordinance be declared invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby but shall remain in full force and effect. Section 7. That this ordinance shall become effective upon its passage on second and final reading in accordance with Section 3 above. PASSED AND ADOPTED in regular session on second and final reading on this the 17`s day of November, 2015. ATTEST: CITY CLERK First Reading: November 3, 2015 Second Reading: November 17, 2015 MAYOR 3 ORD. NO. 31-15 nue City of Delray Beach 100 N.W. h, FL 34 Delray Beach, FL 33444 Legislation Text File #: 15-263, Version: 1 TO: Mayor and Commissioners FROM: Chevelle D. Nubin, MMC, City Clerk THROUGH: Donald B. Cooper, City Manager DATE: November 17, 2015 ORDINANCE NO. 31-15 (SECOND READING) Recommended Action: Motion to Approve second and final reading of Ordinance No. 31-15. Background: At the November 3, 2015 Regular City Commission Meeting, Ordinance No. 31-15 was approved on First Reading. City Attorney Review: A Public Hearing notice was published on Friday, November 6, 2015 in the Sun Sentinel newspaper. City of Delray Beach Page 1 of 1 Printed on 11/13/2015 powered by LegistarT" nue City of Delray Beach 100 N.W. h, FL 34 Delray Beach, FL 33444 Legislation Text File #: 15-173, Version: 1 TO: Mayor and Commissioners FROM: Noel Pfeffer, City Attorney DATE: November 3, 2015 ORDINANCE NO. 31-15 (FIRST READING): CALLING FOR A REFERENDUM TO APPROVE A CHARTER AMENDMENT THAT WOULD PROVIDE THE CITY COMMISSION WITH THE AUTHORITY TO APPOINT AN INTERNAL AUDITOR Recommend Action: Commission discretion. Background: The City Commission has discussed on several occasions the idea of amending the City's Charter to provide for the appointment of an independent internal auditor reporting directly to the City Commission. This Charter provision authorizes the appointment of an internal auditor for the purpose of conducting independent reviews of the business practices, procedures, internal controls and procurement practices used by the City. Discussion: If the City Commission decides that an internal auditor position is appropriate, the City must amend its charter to create this position in a manner similar to the City Manager and City Attorney. The purpose of the Charter amendment is to create this position as a direct report to the City Commission so that it may retain control over the appointment, termination, compensation and tasks of the internal auditor to assure that all reviews undertaken by the auditor are independent and objective. It should be noted that the proposed draft provides that the position of internal auditor may be created at the discretion of the Commission by majority vote. If the Commission desires the position to be mandatory, similar to the City Manager and City Attorney positions, the ordinance and referendum can readily be amended. The proposed Charter amendment provides duties and guidelines for the manner in which the internal auditor conducts his or her review of the overall business practices of the City. The internal auditor shall review any matter related to city business upon the request of the majority of the City Commission or the City manager. This Charter amendment also provides the internal auditor with broad powers and authority to aid in conducting investigations. For example, the proposed Charter amendment provides that the internal auditor will have free and unrestricted access to government employees, officials, records and reports and, where appropriate, can require all branches, City of Delray Beach Page 1 of 2 Printed on 10/28/2015 powered by LegistarT"^ File #: 15-173, Version: 1 departments and officials of city government to produce documents, files and other records. Finally, subject to City Commission approval, the proposed ordinance provides the internal auditor with the discretion to employ other administrative, professional, expert and clerical assistance as is necessary to carry out required duties. If the Commission wishes to move forward with this Charter amendment, the referendum question may be placed on the ballot for the Presidential Preference Primary election scheduled for March 15, 2016 together with the referendum on the repeal of the City's civil service code. City of Delray Beach Page 2 of 2 Printed on 10/28/2015 powered by LegistarT" nue City of Delray Beach 100 N.W. h, FL 34 Delray Beach, FL 33444 Legislation Text File #: 15-173, Version: 1 TO: Mayor and Commissioners FROM: Noel Pfeffer, City Attorney DATE: November 3, 2015 ORDINANCE NO. 31-15 (FIRST READING): CALLING FOR A REFERENDUM TO APPROVE A CHARTER AMENDMENT THAT WOULD PROVIDE THE CITY COMMISSION WITH THE AUTHORITY TO APPOINT AN INTERNAL AUDITOR Recommend Action: Commission discretion. Background: The City Commission has discussed on several occasions the idea of amending the City's Charter to provide for the appointment of an independent internal auditor reporting directly to the City Commission. This Charter provision authorizes the appointment of an internal auditor for the purpose of conducting independent reviews of the business practices, procedures, internal controls and procurement practices used by the City. Discussion: If the City Commission decides that an internal auditor position is appropriate, the City must amend its charter to create this position in a manner similar to the City Manager and City Attorney. The purpose of the Charter amendment is to create this position as a direct report to the City Commission so that it may retain control over the appointment, termination, compensation and tasks of the internal auditor to assure that all reviews undertaken by the auditor are independent and objective. It should be noted that the proposed draft provides that the position of internal auditor may be created at the discretion of the Commission by majority vote. If the Commission desires the position to be mandatory, similar to the City Manager and City Attorney positions, the ordinance and referendum can readily be amended. The proposed Charter amendment provides duties and guidelines for the manner in which the internal auditor conducts his or her review of the overall business practices of the City. The internal auditor shall review any matter related to city business upon the request of the majority of the City Commission or the City manager. This Charter amendment also provides the internal auditor with broad powers and authority to aid in conducting investigations. For example, the proposed Charter amendment provides that the internal auditor will have free and unrestricted access to government employees, officials, records and reports and, where appropriate, can require all branches, City of Delray Beach Page 1 of 2 Printed on 10/28/2015 powered by LegistarT"^ Order # - 3733161 CITY OF DELAAY BEACH, FLORIDA . NOTICE OF PUBLIC HEARING SUN-SENTINEL A PUBLIC HEARING will be held On the fol- - lowing proposed ordinRnces on TUESDAY, - Published Daly IN 17, 2015 at 7:00 p,fn..or at Fort Lauderdale, Broward County, Florida any contiDttoo of such meeting which is Sec bytheuacommission), In the Cum- Boca Raton, Palm Beach County, Florida mission Chambers, 100 N.W. 1st AveoUe. Delray Eeach. Florida, atwhich Time the Miami, Miami-Dade County, Florida City Commission wiA Consider their adop- tion The proposed ordinance may he Inspected at the 01 of the City Cal at City Hall, 100 N.W. 1St Avenue, Delray STATE OF FLORIDA Beach, Fbrida, between B:oD a.m. and 5:90 p,m„ Monday through Friday, except hoiidays, Interested Pardee are invited to COUNTY OF: BROWARD/PALM BEACH/NIIAMI-DADE proposed ordinance wi h respect to the ORDINANCE N0. 22-15 Before the undersigned authority personally appeared AN ORDINANCE OFTHE CITY CUMMIS MARK KUZNITZ, who on oath says that he or she is a dui authorized representative of the SUN- Y Y It BION OF THE CRY OR DELRAY BEACH, FLORIDA, AMENDING THE LAND PEVEL- SEN'l lNhL, a DAILY newspaper published in BROWARDIPALM BEACII/MIAMI-DADE County, oPMENN REGuwTREE Florida; that the attached copy of advertisement, being a Legal Notice in: SECTION 4,5.19, "TREE ORDINANCE". ORDINANCE'. SUBSECTION (C)(1), °COMPLIANCE°; SUB- SECTION (DJ{27, "DESIGNATJON/PROTEC- TIO N OF EXCEPTIONAL SPFCIMENTREES"; II1 The 3ttCr of 11720-Notice Of Public Meeting SUBSECTION (DI(3), "SUBSTITUTION OFMATURE, F7(CEPTIONAi SPECIMEN TREES/ SPECIMEN TREES FOR REQUIREDPARK- City Of Delray Beach ING'; SUBSECHON (E)(3), "PROCEDURE" , SUBSECTION (E)(4J, "ISSUANCE OF PER- Friday MIT"; SUBSECTION (Egg)' "IMPOSITION OF CONMT ONS"; SUBSECTION (E)(8), "PEW 11/612015 Al SUBSECTION117(3), "CLEANUP"; AND SUBSECTION {N), "PROHIBITED SPE" TUESDAY, NOVEMBER 17, 2015 at 7:00 p.m. GIES REM0VE0'; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. Was published in said newspaper in the issues of; Nov 06, 2015 ` ORDINANCE NO, 29-15 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DFL- 3733197 RAY BEACH, FLORIDA, BYAMENDING CHAPTER 33 "POLICEAND FIRE-RESCUE DEPARTMENTS"ATTITLE 3 "PENSIONS"; Affiant further says that the said SUN-SENTINEL is a newspaper published in said AMENDING SECTION 33.67, "OTHER PR4 VISIONS", To PROVIDE FORTHE REEM- BROWARD/PALM BEACHIMIAMT-DAD'S County, Florida, and that the said newspaper has tYCERTAIN PLOYMENTOFRETIRFD MEMBERS UNDER CIRCUMSTANCES; PROVIDING - heretofore been continuouslypublished in said BROWARD/PALM BEACHMIIAMI-DADE County, P Y FORSEVERAMUTY; PROVIDING FORIN. Florida, each day and has been entered as second class matter at the post office in BROWARD CLUSION IN THE CODE; AND PROVIDING AN EFFECTIVE DATE- County, Florida, for a period of one year next preceding the first publication of the attached copy of ORDINANCE No, 30.15 advertisement; and affiant further says that he or she has neither paid nor promised, any person, firm AN ORDINANCE OFTHE GIT' Col or corporation, an discount, rebate, commission or refund, for the purpose of security this rP Y p'-�P g - SION OFTHE CITY OF DELAAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EM- advertisement for blication in the said newspaper. PLOYEE POLICIES AND BENEFITS', GEN- ERAL EMPLOYEES' RETIREMENT PLAN; AMENDING SECTION 35.090, "AARnCIPA- TION", TO PROVIDE FOR THE REEMPLOY- NIENT OF RETIRED PARTICIPANTS UNDER. _ CERTAIN CIRCUMSTANCES PROVIDING FOR SEVERABILITY. PROVIOING FOR IN- Signature Affiant - CLUSION IN THE CODE; ANP PROVIDWG of AN EFFECTIVE DATE- S to and subscribed before me this: November 06, 2015. ORDINANCE NO.31-15 AN ORDINANCE OF THE CITY COMMIS- K� SION OFTHE CITY OF DELAAY BEACH, Sig FLORIDA, PROVIDING FDRA CHARTER f-9LL O�'K AMENDMENT BYAM€NDING ARTICLE IV, "ADMINISTRATIVF-EXECUTIVE", BY -�' My COMMISSil FF211904 ADDING ARTICLE IV,'ADMINISTRATIVE- EXECUTIVE", BY ADDING SECTION 4.10, .q, Ekp(RE8 March 19. 2019 'INTERNAL AUDITOR APPOINTMENT, QUALIFICATIONS, REMOVALANDCOM- COM- i1Yl j9F,-A-f1.1 flnnrhsNDnn�Bn-nct: PENSATfON"AND SECTION 4.111,"DUTIES 14w, con OF INTERNAL AUDITOR`, TO PROVIDE THE Name of Notary, Typed, Printed, or Stamped CITY COMMISSION WITH THE DISCRETION TO APPOINTAN INTERNAL AUDITOR; Personally Known (X) or PIoduced Identification PROVIDING FOR A REFERENDUM ON THE iS5UETO BE HELD ON MARCH 15, 2015; PROVIDING A SAVINGS CLAUSE, GENERAL REPEALER CLAUSE, ANDAN EFFECTIVE DATE, ORDINANCE NO. 32-15 AN ORDINANCE OF THE CITY CCMMIS- SIONOFTHE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR A REFEREN- DUM OF THE QUESTION OF WHETHER THE MAJORITY OF THE QUALIFIED VOTERS OF THE CITY VOTING IN THE PRESIDENTIAL PREFERENCE PRIMARY ELECTION GIVE THEIR CONSENT FORTHE REPEAL OF _ CHAPTER 25764, LAWS OF FLORIDA, = WHICH CREATED THE CIVIL SERVICE CODE FOR CITY OF DELRAY BEACH EMPLOYEES;-._ T PROVIDING FOR A REFERENDUM ON THE ISSUE TO BE HELD ON MARCH 15, 2016 AND PROVIDING AN EFFECTIVE DATE, -Please be advised that Fa person decides to appeal any decision made by the City - Commisslon With respeatc any matter considered at this hearing, such person may need to ensure that A Verbatim r e- cord includes the testimony and evidence upon which the appeal Is to be based. The Clty does not provide nor prepare such reCOFd pursuant to FS- 286.0105. CITY OF DE-RAY BEACH Cl D, Nubin, MMC Cr,/ Clerk File #: 15-173, Version: 1 departments and officials of city government to produce documents, files and other records. Finally, subject to City Commission approval, the proposed ordinance provides the internal auditor with the discretion to employ other administrative, professional, expert and clerical assistance as is necessary to carry out required duties. If the Commission wishes to move forward with this Charter amendment, the referendum question may be placed on the ballot for the Presidential Preference Primary election scheduled for March 15, 2016 together with the referendum on the repeal of the City's civil service code. City of Delray Beach Page 2 of 2 Printed on 10/28/2015 powered by LegistarT"