HomeMy WebLinkAbout2011-14 Code Amendment - Village Manager•
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ORDINANCE NO. 2011-14
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE IV,
"MANAGER," OF CHAPTER 2, "ADMINISTRATION," OF THE VILLAGE
CODE OF ORDINANCES BY REPEALING SECTION 2-116, "REMOVAL,"
IN ITS ENTIRETY; PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Article IV, Section 2 of the Village Charter provides that the Village
Manager serves at the pleasure of the Village Council and authorizes the Village Council to
remove the Village Manager by majority vote of the members of the Council; and
WHEREAS, Section 2-116 of the Village Code of Ordinances currently mandates the
payment of certain severance benefits to the Village Manager in the event that the Village Council
removes the Manager without cause; and
WHEREAS, the standard practice is to address the issue of severance payments and
benefits in the Village Manager's employment agreement; and
WHEREAS, Section 2-116 conflicts with recent amendments to Section 215.425, Florida
Statutes, capping the amount of severance pay and precluding severance pay in the event a public
employee is terminated for misconduct, as statutorily defined; and
WHEREAS, in light of the foregoing, the Village Council determines that the adoption of
this Ordinance repealing Section 2-116 of the Village Code of Ordinances is in the best interests
of the residents and citizens of the Village of North Palm Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA, as follows:
Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein.
Section 2. The Village Council hereby amends Chapter 2, "Administration," Article IV,
"Manager," of the Village Code of Ordinances by repealing Section 2-116 in its entirety (deleted
language stfielor eugh):
Sec2'116. D alam
The village council may remove thc villagc manager at any time by a
majority vote of the members. In the event the village manager is removed from
office by the village council without good causc during a timc that thc village
manager is willing and able to perform his duties, then, in that event, the villagc
sal pay
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(2) is salary and relate ce bens
under this e„t f „a f
Three (3) m nth if the termination o s during the first
six (6) months of this contract;
Six (6) w, nth ifthe termination „ s thereafter; and
(3) The village :hall matain at its expense the insurance that cover
the na hia de ndents f the nths that the virago
Section 3. The provisions of this Ordinance shall become and be made part of the Code of
Ordinances for the Village of North Palm Beach, Florida.
Section 4. If any section, paragraph, sentence, clause, phrase or word of this Ordinances is
for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or
void, such holding shall not affect the remainder of the Ordinance.
Section 5. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict
herewith are hereby repealed to the extent of such conflict.
Section 6. This Ordinance shall be effective immediately upon adoption.
PLACED ON FIRST READING THIS 23rd DAY OF JUNE, 2011.
PLACED,•Q,N SECOND, FINAL READING AND PASSED THIS 14th DAY OF JULY, 2011.
F1; r' �/f
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'(Village Seal) ° 04-101 Q e
MAYOR
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
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