08-01-80SpMtg 147,
AUGUST 1, 1980
A special meeting of the City Council of the City of Delray
Beach, Florida, was held in the Council Chambers at 11:30 A.M., Friday,
August 1, 1980, with Mayor Leon M. Weekes, presiding and Acting City
Manager Thomas Weber, City Attorney Roger Saberson, and Council members
James H. Scheifley, and Willard V. Young, present.
Mayor Weekes announced that this meeting has been called for
the purpose of considering authorizing payment of attorneys' fees and
costs for officers Druien and Sylvester.
1. The City Attorney reported that the City has an ordinance
contained in Section 2-6 of the Code of Ordinances requiring the City to
undertake the defense without charge of employees who find themselves
charged with a claim, civil action, cause of action or criminal action
related to the performance of their duties. The incident involving
officers Sylvester and Druien took place at a time when they were trying
to effect an arrest in the Police Department; he feels this brings it
within the scope of the performance of their duties in the provisions of
the City ordinance, requiring the City to undertake to pay for the
defense cost. Each of them has retained Council; officer Sylvester has
retained John Sc~rola at the rate of $100 an hour; officer Druien has
retained Thomas J. Woolley, Jr., at the rate of $75 an hour. They made
contact with both of them yesterday; neither one is planning to have
their clients appear before the Grand Jury; however, they have incurred
certain legal expenses in conjunction with that advice that they provided
to their clients. Mr. Scarola has incurred one hour; Mr. Woolley 1½
hours. He believes that the total for the Grand Jury related part of
this proceeding would not be much higher than $400 or $500 total. In
the event criminal charges are actually filed, then it will probably be
brought back to Council again for a subsequent authorization. Council
should give consideration both to authorizing the attorneys' fees and
related costs.
Mr. Young moved for authorization to pay the attorneys' fees
and related reasonable expenses, seconded by Mr. Scheifley. Said motion
passed unanimously.
The City Attorney added that this action should be taken
with the understanding this is related to the Grand Jury proceedings
only.
At this point the roll was called to the motion.
Mayor Weekes declared the meeting adjourned at 11:40 ~.M.
City
Clerk
ATTEST: ~/
MAYOR
The undersigned is the City Clerk of the City of Delray
Beach and that the information provided herein is the minutes of the
meeting of said City Council of August 1, 1980, which minutes were
formally approved and adopted by the City Council on ~. /,2//~.
NOTE TO READER:
If the minutes that you have received are not completed as indicated
above, then this means that these are not the official minutes of City
Council. They will become the official minutes only after they have
been reviewed and approved which may involve some amendments, additions,
or deletions to the minutes as set forth above.