08-08-19 HandoutARTICLE I. - IN GENERAL
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Sec. 2-1. - Defense of civil actions against public officers, employees or agents;
payment of judgments or settlements.
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a)
Defense of civil actions. The city shall provide an attorney to defend any civil
action arising from a complaint for damages or injury suffered as a result of any
act or omission of action of any of its officers, employees, or agents for an act or
omission arising out of and in the scope of his or her employment or function,
unless, in the case of a tort action, the officer, employee or agent acted in bad
faith, with malicious purpose, or in a manner exhibiting willful disregard of
human rights, safety, or property. Defense of such civil action includes, but is not
limited to, any civil rights lawsuit seeking relief personally against the officer,
employee, or agent for an act or omission under color of state law, custom or
usage, wherein it is alleged that such officer, employee, or agent has deprived
another person of his rights secured under the Federal Constitution or laws. Legal
representation of an officer, employee, or agent of the city may be provided by
the city attorney. However, any attorney's fees paid from public funds for an
officer, employee, or agent who is found to be personally liable by virtue of
acting outside the scope of his employment, or was 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
against such officer, employee, or agent. If the city fails, pursuant to this section
to provide an attorney to defend a civil action arising from a complaint for
damages or injury suffered as a result of any act or omission of action of any of
its officers, employees, or agents and fails to provide such attorney, the city shall
reimburse the defendant who prevails in the action for court cost and reasonable
attorney's fees.
b)
Payment ofjudgments or settlements against certain public officers or employees.
When the city fails to provide insurance coverage for action set forth in
subsection (a) and is not participating in the State Insurance Risk Management
Trust Fund it will pay:
1)
Any final judgment, including damages, costs, and attorney's fees, arising from a
complaint for damages or injury suffered as a result of any act or omission of
action of any officer, employee, or agent in a civil or civil rights lawsuit
described in subsection (a). If the civil action arises under section 768.28, Florida
Statutes, as a tort claim, the limitation and provision of section 768.28 governing
payment shall apply. If the action is a civil rights action arising under 42 U.S.C.
1983, or similar federal statutes, payments for the full amount of the judgment
may be made unless the officer, employee, or agent has been determined in the
final judgment to have caused the harm intentionally.
2)
Any compromise or settlement of any claim or litigation as described in
paragraph (1) subject to the limitations set forth in that paragraph.
3)
Any reimbursement required under subsection (a) for court costs and reasonable
attorney's fees when the city has failed to provide an attorney and the defendant
prevails.
Ord. No. 95-88-34, §§ 1, 2, 3-14-88)
Editor's note— Ord. No. 95-88-34, §§ 1, 2, adopted March 14, 1988, did not
specifically amend the Code; therefore, inclusion as § 2-1 was at the discretion of
the editor.
Sec. 2-2. - Charitable contributions prohibited.
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The city shall not contribute city funds to any charitable, nonprofit, or other
worthy cause. However, the city may contribute city funds or other support to
artistic, recreational, or cultural programs, events or projects which benefit the
residents of Atlantic Beach, as follows:
1)
Requests for contributions to such programs, events or projects shall be submitted
to the cultural arts and recreational advisory committee.
2)
The cultural arts and recreational advisory committee will make
recommendations on any such requests to the city commission, who will then
make the final decision on funding the request.
3)
Any request for contributions which are not artistic, recreational, or cultural in
nature shall be submitted directly to the city commission for consideration.
Ord. No. 95-91-50, § 1, 10-28-91; Ord. No. 05-02-37, § 1, 7-8-02)
Editor's note— Ord. No. 95-91-50, § 1, adopted Oct. 28, 1991, amended the
Code by adding1-5(b). For purposes of classification, § 1-5(b) has been
codified as § 2-2 at the discretion of the editor.
Secs. 2-3-2-15. - Reserved.