HomeMy WebLinkAboutOrdinance 98-41
ORDINANCE NO. 98-.1\
ORDINANCE OF THE CI1Y OF SUNNY ISLES BEACH, FLORIDA,
PROVIDING FOR LEGAL REPRESENTATION FOR THE DEFENSE OF
CITY INTERESTS IN ANY CIVIL ACTIONS FILED AGAINST ITS
ELECTED OFFICIALS, OFFICERS, EMPLOYEES, APPOINTEES, OR
AGENTS; GUARANTEEING PAYMENT OF LEGAL FEES AND COSTS;
PROVIDING FOR RECOVERY OF LEGAL FEES AND COSTS;
PROVIDING FOR REIMBURSEMENT OF LEGAL FEES AND COSTS;
PROVIDING FOR MAXIMUM AUTHORIZED PAYMENT; PROVIDING
FOR APPLICATION; REPEALING CONFLICTING ORDINANCES AND
RESOLUTIONS; PROVIDING FOR SEVERABll..ITY; PROVIDING FOR
INCLUSION IN CITY CODE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Sunny Isles Beach, Florida, has determined
that there is a need to institute legislation pertaining to the retention oflegal representation and the
payment oflegal expenses and costs on behalf ofits elected officials, officers, employees, appointees
and agents who are sued for actions or omissions arising out of or in the scope of their employment
or function; and
WHEREAS, the City Commission is concerned with the potential liability faced by its elected
officials, officers, employees, appointees and agents arising out of the scope of their employment or
function; and
WHEREAS, the City Commission is aware of the threat to the City's interests arising out
of any civil actions filed against its elected official, officers, employees, appointees or agents; and
WHEREAS, the City Commission desires to protect its interests in civil actions filed against
its elected officials, officers, employees, appointees or agents as a result of any act or omission of
action of any of its elected officials, officers, employees, appointees or agents for an act or omission
arising out of and in the scope of their employment or function; and
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WHEREAS, the City Attorney for the City of Sunny Isles Beach has advised the City
Commission that the trial hazards in civil cases filed against its elected officials, officers, employees,
appointees or agents is such that the City's interest in said litigation are best defended and should be
defended by the City; and
WHEREAS, Section 111.07, Florida Statutes, authorizes the City to provide counsel to
defend its elected officials, officers, employees, appointees or agents in civil actions and to pay for,
out of City funds, attorneys' fees and costs associated therewith; and
WHEREAS, the City commission of the city of Sunny Isles Beach, Florida, desires to limit
the payment of such fees to a maximum of FIFTY THOUSAND ($50,000.00) DOLLARS in any
individual action filed against its elected officials, officers, employees, appointees or agents unless
additional payments are approved by majority vote of the City Commission of the city of Sunny Isles
Beach, Florida; and
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Short Title. This Ordinance shall be know as the Legal Representation of Elected
Officials, Officers, Employees, Appointees and Agents and Reimbursement Ordinance,
Section 2. Providing legal representation. The City of Sunny Isles Beach is authorized to and,
in cases where the City's insurance carrier has declined to do so, or, the deductible provisions of its
insurance policy(ies) have not been met, shall provide legal representation or cover the cost of the
deductible in order to defend any civil action arising from a complaint for damages, injury suffered,
or other legal or equitable relief as a result of any act or omission of action of any of its elected
officials, officers, employees, appointees or agents for an act or omission arising out of and in the
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scope of their employment or function, unless, in the case of a tort action, the elected official, officer,
employee, appointee or agent for an act or omission under color of state, county, or local law,
custom, or usage, wherein it is alleged that such elected official officer, employee, appointee or agent
has deprived another person of rights secured under the Federal or State Constitution or laws.
Section 3. Guaranteeing payment of legal fees and costs. The City of Sunny Isles Beach is
authorized to and, in cases where the City's insurance policy(ies) have not been met, shall guarantee
the payment of, and shall pay all sums due, including, but not limited to, attorneys' fees and costs,
for defending any of its elected officials, officers, employees, appointees or agents in any civil actions
arising from a complaint for damages, injury suffered, or other legal or equitable relief as a result of
any act or omission of action of its elected officials, officers, employees, appointees or agents for an
act or omission arising out of and in the scope of their employment or function, unless, in the case
of a tort action, the elected official, officer, employee, appointee or agent acted in bad faith, with
malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or
property, notwithstanding that said sums due may be paid by the City's insurance carrier or that such
elected officials, officers, employees, appointees or agents may be entitled to an award of attorneys'
fees and costs from the adverse party in said lawsuit.
Section 4. Recovery of legal fees and costs. Any attorneys' fees and costs paid from the city's
funds in defending any elected official, officer, employee, appointee or agent who is found to be
personally liable by virtue of acting outside the scope of their employment or function, or acting in
bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard of human
rights, safety, or property, may be recovered by the City in a civil action authorized by the City
Commission against such elected official, officer, employee, appointee or agent.
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Section 5. Reimbursement of legal fees and costs. If the City is authorized pursuant to this
section to provide legal representation and/or the costs thereof to defend a civil action arising from
a complaint for damages, injury suffered, or other legal or equitable relief as a result of any act or
omission of action of any of its official, officer, employee, appointee or agent for an act or omission
arising out of and in the scope of their employment or function, and fails to provide such legal
representation, the City shall reimburse any such elected official, officer, employee, appointee or
agent who prevails in the action for all reasonable attorneys' fees and costs.
Section 6. Maximum authorized payment. The payment of attorney's fees and costs to
provide legal representation to defend any civil actions arising from a complaint for damages, injury
suffered, or other legal or equitable relief as a result of any act or omission of action of any of its
elected official, officer, employee, appointee or agents for an act or omission of action arising out of
and in the scope of their employment or function, shall be limited to a maximum amount of FIFTY
($50,000.00) DOLLARS in any individual action, unless additional payments are approved by
majority vote of the City Commission.
Section 7. Application. This section shall be applied retroactively.
Section 8. Repeal of Conflicting Ordinances and Resolutions. Any and all ordinances,
resolutions, and parts of ordinances or resolutions in conflict with this Ordinance are hereby repealed
insofar as they are inconsistent or in conflict herewith.
Section 9. Severability. Should any section, paragraph, sentence, phrase, clause or other party
of any provision of this Ordinance be declared by a court of competent jurisdiction to be invalid or
unconstitutional, the same shall not affect the validity of this Ordinance as a whole or any part thereof
and that extent, the terms of this Ordinance are hereby declared to be severable.
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Section 10. Inclusion in the Code. It is the intention of the City Commission of the City of
Sunny Isles Beach, Florida, that this Ordinance shall be come and be made a part of the Municipal
Code of Sunny Isles Beach, Florida. Sections of this Ordinance may be re-numbered or re-Iettered
to accomplish such intent, and the word "ordinance" may be changed to "section," "article" or other
appropriate word,
Section 11. Effective Date. This Ordinance shall become effective within ten (10) days after
adoption.
PASSED AND ADOPTED at first reading the 25th day of June, 1998.
PASSED AND ADOPTED on second reading this l ~ ay of
,1998.
ATTEST:
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. RiQliard BroWft..Morilla, City Clerk
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.ij>>PR~VED ~S TO FORM
Aim L~G~SUFFICIENCY:
~L~:.,
Lynn M. Dannheisser, City Attorney
VOTE:
Moved by: ~
Seconded by: \l,u.
Mayor Samson
Vice Mayor Turetsky
Commissioner Iglesias
Commissioner Kauffinan
Commissioner Morrow
~Yes)
V(Yes)
~Yes)
Yes)
_(Yes)
_(No)
_(No)
_(No)
_(No)
_(No)
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