Res 51-15RESOLUTION NO. 51-15
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER,
ANY ASSISTANT CITY MANAGER, THE CITY ATTORNEY, OR ANY
ASSISTANT CITY ATTORNEY TO ACCEPT SERVICE OF PROCESS ON
BEHALF OF THE CITY OF DELRAY BEACH, FLORIDA AND ANY
MEMBER OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA WHO IS SUED IN HIS OR HER OFFICIAL
CAPACITY EXCEPT AS PROVIDED HEREIN, PROVIDING A SAVING
CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, Section 3.06 of the City of Delray Beach Charter recognizes the Mayor as the head of the
City government for accepting service of process; and
WHEREAS, Section 3.06 of the City of Delray Beach Chatter recognizes the Vice Mayor as the head
of the City government for accepting service of process in the absence or disability of the Mayor; and
WHEREAS, Section 48.111, Florida Statutes provides that process against any municipal corporation
shall be served on the Mayor and in his or her absence on the Vice Mayor or in the absence of all of the above,
on any member of the Commission; and
WHEREAS, currently, service of process on any other individual is legally insufficient; and
WHEREAS, the City of Delray Beach City Commission finds that, in order to enable the City of
Delray Beach to most efficiently perform its municipal functions, it is necessary to authorize the City Manager,
any Assistant City Manager, the City Attorney, or any Assistant City Attorney to accept service of process on
behalf of the City of Delray Beach and any member of the City Commission who is sued in his or her official
capacity.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission incorporates the "Whereas" clauses set forth above as if fully
set forth herein.
Section 2. That the City Manager, any Assistant City Manager, the City Attorney, or any Assistant
City Attorney of the City of Delray Beach, Florida is authorized to accept service of process for purposes of
Chapter 48, Florida Statutes on behalf of the City of Delray Beach, Florida and any member of the City
Commission of the City of Delray Beach, Florida who is sued in his or her official capacity except as provided
herein. Any such process accepted by the City Manager, any Assistant City Manager, the City Attorney, or any
Assistant City Attorney shall not be challenged in the proceeding by the City of Delray Beach or the member
of the City Commission of the. City of Delray Beach on the basis of failure to serve such process upon the
appropriate person identified in Chapter 48, Florida Statutes. Any other challenge or defense to service of
process may be asserted by the City of Delray Beach or the member of the City Commission of the City of
Delray Beach.
Section 3. That any Commissioner who is an individual defendantin a lawsuit in his or her official
capacity :may, in writing to the City Manager, revoke the authority, to accept service of process on his or her
behalf. In such event, the process must be served in accordance with Chapter 48, Floszda Statutes.
Section 4. That this resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this 3rd day of Se texxaber 5.
AYOR
ATTEST:
City Clerk
2 RES. NO 51-15
CoversheetPage of
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MEMORANDUM
TO:Mayor and City Commissioners
FROM:Noel Pfeffer, City Attorney
DATE:August 19, 2015
AGENDA ITEM 7.I. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2015
SUBJECT:
RESOLUTION NO. 51-15 - SERVICE OF PROCESS
BACKGROUND
The attached Resolution 51-15 authorizes the City Manager, any Assistant City Manager, the
City Attorney, or any Assistant City Attorney to accept service of process on behalf of the City
of Delray Beach and any member of the City Commission who is sued in his or her official
capacity.
The City of Delray Beach Charter recognizes the Mayor, or in his absence or disability, the
Vice Mayor as the head of the City government for accepting service of process. Additionally,
Florida Statutes
Chapter 48, provides that process against any municipal corporation be
served on the mayor and in his or her absence on the Vice Mayor or, in the absence of both
individuals, on any member of the Commission. Traditionally, service of process has been
accepted by the City Manager’s office. In order to allow the City to legally and more efficiently
accept service of process, the City Attorney is recommending that the City Commission
authorize additional individuals to accept service of process on behalf of the City and any
member of the City Commission who is sued in his or her official capacity.
This resolution also provides that any Commissioner who is an individual defendant in a
lawsuit in his or her official capacity may, in writing to the City Manager, revoke the authority to
accept service of process on his or her behalf.
FINANCIAL DEPARTMENT REVIEW
N/A
RECOMMENDATION
Commission approval.
http://agendas.mydelraybeach.com/Bluesheet.aspx?ItemID=9505&MeetingID=57510/1/2015