49-77 ORDINANCE NO. 49-77
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRA¥ BEACH, FLORIDA, PROVIDING FOR THE LEGAL
DEFENSE AND INDEMNIFICATION OF CITY OFFICIALS
AND EMPLOYEES OF THE CITY OF DELRAY BEACH; PRO-
VIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, City Officials and Employees may be held liable for the
payment of civil judgments arising out of actions which they took in
furtherance of the City's interest and in the course of their employment;
and,
W~EREAS, the threat of such civil judgments may inhibit City offi-
cials and employees from the efficient and proper execution of their
duties; and,
WHEREAS, it is in the interest of the City to encourage City offi-
cials and employees to effectively and efficiently perform their duties
without regard to the threat of such civil judgments,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. Definition:
City officials and employees - as used in this Ordinance
the term City officials and employees shall include the
Mayor, Council Members, all appointed officers of the
City of Delray Beach (including the members of the Delray
Housing Authority, all Board Members, Commission Members
or Committee Members of the City of Delray Beach) and all
Administrative Personnel and employees of the City of
Delray Beach.
Section 2. Riqht of Representation:
The City Attorney's office, Insurance Defense Counsel, if
applicable, or other Counsel appointed by the City Council
shall undertake the representation or defense without charge
of City officials and employees with respect to any claim
or cause of action arising out of or related to the perform-
ance by said City officials or employees of their public
duties.
Section 3. Indemnification:
City officials or employees who are personally liable for
the'payment of any claims arising out of a civil action
or settlements, judgments, expenses, cost and awards of
attorney's fees arising therefrom shall be entitled to
indemnification from the City of Delray Beach (except to
the extent the City's insurance coverage provides payment
where the claim resulted from activities:
a. Which were done in good faith; and,
b. In which the City of Delray Beach has an interest; and,
c. Which were within the course of employment or in the
course of performance of public duties of the persons
so acting; and,
d. Were not wilful, wanton, or.malicious.
Section 4. Reservation of Riqhts:
The undertaking of legal defense by the City under Section 2
above shall automatically be under a reservation of rights
regarding the eligibility of the subject claim for the bene-
fits provided by this ordinance.
Section 5. No Waiver of Defenses:
Nothing in this ordinance shall be construed to waive any
defense in any action which would be available in the ab-
sence of this ordinance to the City or individual City
officials or employees, including but not limited to,
those defenses which could be.asserted under Florida
Statute 768.28 or any successor Statute thereto.
Section 6. That all ordinances or parts of ordinances in conflict
herewith are hereby repealed.
Section 7. That this ordinance shall become effective ten days
after passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading
on this the 25th day of July , 1977.
VIC~ M a Y O R
ATTEST:
~sst.C{ty Clerk
First Reading July 11;
Second Reading July...25, 1977 \
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Ord. No. 49-77