24-002 1 ORDINANCE NO.24-002
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, REPEALING SECTIONS 2-5, 2-6, AND 2-7 OF THE
5 CITY CODE OF ORDINANCES; CREATING A NEW ARTICLE IN
6 CHAPTER 2,ADMINISTRATION,ARTICLE 6, ENTITLED "CITY
7 ATTORNEY"; PROVIDING FOR CODIFICATION,
8 SEVERABILITY, CONFLICTS; AND PROVIDING FOR AN
9 EFFECTIVE DATE.
10
11 WHEREAS, the City Commission appointed an in-house City Attorney who began on
12 October 23, 2023,to represent the City; and
13 WHEREAS,the City Charter establishes the general duties of the City Attorney; and
14 WHEREAS, the City's Code of Ordinances refers to the position of a City prosecutor,
15 which is outdated and no longer exists; and
16 WHEREAS, the City Commission deems it necessary to identify additional powers,
17 duties,responsibilities, and authority of the City Attorney; and
18 WHEREAS,the City Commission of the City of Boynton Beach deems it to be in the best
19 interest of the citizens and residents of the City of Boynton Beach to approve the amendments
20 contained herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY
21 COMMISSION OF THE CITY OF BOYNTON BEACH,FLORIDA:
22 Section 1: The foregoing "WHEREAS" clauses are hereby ratified as being true and
23 correct and are hereby made a specific part of this Ordinance upon adoption hereof.
24 Section 2: Chapter 2, Article I, In General, Sections 2-5, 2-6, and 2-7 of the Code of
25 Ordinances of the City of Boynton Beach, are repealed in their entirety as follows:
26 Sec. 2 5. Position of prosecutor created.
CODING: Words in stere- eta type are deletions from the existing law;
Words in underscore type are additions.
Page 1 of 6
27 I ..
28 -- -- - • - - __. , . . . _. -• _ _ _
29 commission, with said officer to serve at the pleasure of the city commission. Any person
30 .. • •. . _ _. . ._ . . . . _. . . . _ . ..
31
32 - . . 9 . . . - : _ .. . •:• •-
33
•
•
•
•
33 . - .. - - - -. . . -. _ . -. - -
•
•
•
•
34 - . - - - - - -- • - -. . . • - - - -- --
35 official or officer or the city manager.
36 •. . _. .
•
•
37 - - • - -- - - - - --. . . _ .. . ' _. . . - . •. .
38 city 69m7issien7
39 Section 3: Chapter 2, Article VI, entitled "City Attorney" of the Code of Ordinances
40 of the City of Boynton Beach, is created as follows:
41 Part II, Chapter 2, Article VI, Entitled"City Attorney"
42 Sec. 2-101. - City Attorney responsibilities.
43 In addition to the duties set forth in Sections 22, 23, and 24 of the City Charter, the City
44 Attorney shall be the head of the City Attorney's office and, in this capacity, shall have the
45 following powers and responsibilities:
46 (a) To act as the legal advisor for the City and all of its officers in all matters relating
47 to their official powers and duties.
CODING: Words in stfikeugh type are deletions from the existing law;
Words in underscore type are additions.
Page 2 of 6
48 (b) To prepare or review all ordinances,resolutions,contracts,bonds,and other written
49 instruments in which the municipality is concerned and shall endorse on each his/her approval of
50 the form, language, and execution thereof with respect to legal sufficiency.
51 (c) Prosecute or defend,directly or through other designated counsel,for and on behalf
52 of the city, all complaints, suits,and legal proceedings before any court or other legally constituted
53 tribunal.
54 (d) To attend meetings of the City Commission or delegate as necessary.
55 (e) Recommend to the City Commission the adoption of such measures as he/she may
56 deem necessary or expedient.
57 (f) Render opinions and/or reports on legal matters affecting the City as the City
58 Commission may direct.
59 (g) Examine and approve the legal sufficiency of all contracts, franchises, deeds, or
60 other undertakings of the City.
61 (h) Participate, as he/she deems necessary, in the negotiation process for all
62 transactions affecting the City, as needed, and in all negotiations in which the subject matter of a
63 dispute could foreseeably lead to litigation
64 (i) Approve and execute all legal settlements up to $50,000.00, with the concurrence
65 of the City Manager.
66 (1) Perform such other professional duties as may be required of him/her by ordinance
67 or resolution of the City Commission.
68 (j) To engage and remove all outside counsel and other legal service providers as
69 he/she deems necessary to accomplish the duties of the office of the City Attorney. All outside
CODING: Words in strike strike4hfeugh type are deletions from the existing law;
Words in underscore type are additions.
Page 3 of 6
70 counsel retained by the City, regardless of the nature or kind of service performed or the title or
71 designation under which they render legal service for the City, shall be under the direct supervision
72 and control of the City Attorney,except special outside counsel or legal services directly appointed
73 by the City Commission for specific engagements.
74 Sec. 2-102. - Other counsel authorized.
75 The City Commission may,in its discretion,directly associate special counsel in any matter
76 in which the City has an interest, and pay the compensation of such associate counsel. The police
77 and fire pension boards, as well as the Community Redevelopment Agency, may retain their own
78 attorney at their own expense.
79 Sec. 2-103. - Compensation of personnel.
80 The City Commission may, from time to time, fix the regular compensation of the City
81 Attorney at a sum commensurate with the duties which may be imposed upon the City Attorney,
82 either by resolution or the annual budget. The compensation of all other personnel of the City
83 Attorney's Office shall be fixed by the Commission in the annual budget. It shall be paid by the
84 City in the same manner as the salaries of other City employees are paid. Funds budgeted for
85 unfilled positions may be utilized for temporary services or reallocated to other positions or other
86 budgetary line items, as necessary.
87 Sec. 2-104. -Procurement authority for legal services retained by City Attorney.
88 Due to the highly specialized nature of selecting legal services,the provisions of this Code
89 relating to competitive procurement, delegated spending limits, bid protests, and other
90 procurement regulations shall not apply to retaining services of law firms or other outside counsel
91 for any reason,nor to expert witnesses,appraisal services,legal support,trial consultants or similar
CODING: Words in stere- hrough type are deletions from the existing law;
Words in underscore type are additions.
Page 4 of 6
92 persons or firms deemed by the City Attorney as necessary to address the City's legal needs. These
93 services will be selected by the City Attorney,provided authorized funds are available in the annual
94 budget. Nevertheless, in selecting outside counsel and other legal services, the City Attorney
95 should be mindful of the costs involved and should strive to select those firms and individuals who
96 are the most qualified and who can provide the services to the City at a reasonable cost.
97 Section 4: Codification. It is the intention of the City Commission of the City
98 of Boynton Beach, and it is hereby ordained that the provisions of this Ordinance shall become
99 and be made a part of the Code and Ordinances of the City of Boynton Beach, Florida and that
100 Sections of this Ordinance may be renumbered, re-lettered and the word "Ordinance" may be
101 changed to "Section," "Article," or such other word or phrase in order to accomplish such
102 intention.
103 Section 5: Severability. If any clause, section, or other part of this Ordinance
104 shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such
105 unconstitutional or invalid part shall be considered as eliminated and in no way affecting the
106 validity of the other provisions of this Ordinance.
107 Section 6: Conflicts. That all Ordinances or parts of Ordinances, Resolutions, or
108 parts of Resolutions in conflict herewith,be and the same are repealed to the extent of such conflict.
109 Section 7. Effective Date. That this Ordinance shall take effect immediately
110 upon passage.
111
CODING: Words in stiles type are deletions from the existing law;
Words in underscore type are additions.
Page 5 of 6
112 FIRST READING this 6th day of February, 2024.
s>
113 SECOND,FINAL READING AND PASSAGE this afeday of 024.
114 CITY OF BOYNTON BEACH,FLORIDA
115 YES NO
116
117 Mayor—Ty Penserga
_ 118 i/
119 Vice Mayor— Thomas Turkin
120
121 Commissioner—Woodrow L. Hay /
122
123 Commissioner—Angela Cruz �
124
125 Commissioner—Aimee Kelley
126 �'1
127 VOTE c_v
L 128 • A SO
129I _ t
li
130 ��.. ,� i��i.
131 Mayl r D eJesus, MM' T ..0•- ---
132 City �' Mayo%
133
.ii- 134 -=oy NTON `NAI APPROVED AS TO FORM:' t"
135 (Corporate Sid V.•PpRgT• '1
'0� Fii1
136 i�:�SEAL �y '#i Aa41724 Afiab
137 i V�
138 If : IN r%
; Shawna G. Lamb
iii 139 14 '•. 192O; City Attorney
S.
000000
,‘‘. FLORV�P.r'
Page 6 of 6
CODING: Words in strip type are deletions from existing{law;
''t Words in underlined type are additions.
n
;T
K-°
ri.
Business Impact Estimate
This form should be included in the agenda packet for the item under which the proposed
ordinance is to be considered and must be posted on the City's website by the time notice of the
proposed ordinance is published.
Proposed ordinance's title/reference:
Proposed Ordinance: AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, REPEALING SECTIONS 2-5, 2-6, AND 2-7 OF
THE CITY CODE OF ORDINANCES; CREATING A NEW ARTICLE IN
CHAPTER 2, ADMINISTRATION, ARTICLE 6, ENTITLED "CITY
ATTORNEY"; PROVIDING FOR CODIFICATION, SEVERABILITY,
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
This Business Impact Estimate is provided in accordance with section 166.041(4), Florida
Statutes. If one or more boxes are checked below, this means the City is of the view that
a business impact estimate is not required by state law1 for the proposed ordinance, but
the City is, nevertheless, providing this Business Impact Estimate as a courtesy and to
avoid any procedural issues that could impact the enactment of the proposed ordinance.
This Business Impact Estimate may be revised following its initial posting.
Applicable Exemptions:
El The proposed ordinance is required for compliance with Federal or State law or
regulation;
❑ The proposed ordinance relates to the issuance or refinancing of debt;
❑ The proposed ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the budget;
❑ The proposed ordinance is required to implement a contract or an agreement,
including, but not limited to, any Federal, State, local, or private grant or other
financial assistance accepted by the municipal government;
❑ The proposed ordinance is an emergency ordinance;
❑ The ordinance relates to procurement; or
❑ The proposed ordinance is enacted to implement the following:
a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and
municipal planning, and land development regulation, including zoning,
development orders, development agreements and development permits;
1 See Section 166.041(4)(c), Florida Statutes.
Page 1 of 3
b. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or
d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
In accordance with the provisions of controlling law, even notwithstanding the fact that an
exemption noted above may apply, the City hereby publishes the following information:
1. A summary of the proposed ordinance (must include a statement of the public
purpose, such as serving the public health, safety, morals, and welfare):
Summary of the proposed ordinance
The Ordinance repeals outdated sections in the City's Code relating to a City Prosecutor
and creates sections relating to the additional powers, duties, responsibilities, and
authority of the City Attorney.
2. An estimate of the direct economic impact of the proposed ordinance on private, for-
profit businesses in the City, if any:
(a) An estimate of direct compliance costs that businesses may reasonably incur
if the ordinance is enacted:
None.
(b)Any new charge or fee imposed by the proposed ordinance or for which
businesses will be financially responsible:
None.
(c) An estimate of the City's regulatory costs, including estimated revenues from
any new charges or fees to cover such costs.
None.
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
ordinance:
Good faith estimate N/A
4. Additional information the governing body deems useful (if any):
Additional information the governing body deems useful (if any):
Page 2 of 3
[You may wish to include in this section the methodology or data used to prepare the
Business Impact Estimate. For example: City staff solicited comments from businesses
in the City of Boynton Beach as to the potential impact of the proposed ordinance by
contacting the chamber of commerce, social media posting, direct mail or direct email,
posting on the City's website, public workshop, etc. You may also wish to include efforts
made to reduce the potential fiscal impact on businesses. You may also wish to state
here that the proposed ordinance is a generally applicable ordinance that applies to all
persons similarly situated(individuals as well as businesses) and, therefore, the proposed
ordinance does not affect only businesses).
There is no business impact.
Page 3 of 3