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Ordinance No. 95-88-34 v ORDINANCE NO. 95-88-34 AN ORDINANCE PROVIDING FOR DEFENSE OF CIVIL ACTIONS AGAINST PUBLIC OFFICERS, EMPLOYEES, OR AGENTS UNDER CERTAIN CONDITIONS AND PAYMENT OF JUDGMENTS OR SETTLEMENTS AGAINST CERTAIN PUBLIC OFFICERS OR EMPLOYEES ; PROVIDING AN EFFECTIVE DATE. Be it Ordained by the City Commission of the City of Atlantic Beach, Florida. SECTION 1. Defense of Civil Action. 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 ordinance 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 it ' s 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. SECTION 2 . Payment of judgments or settlements against certain public officers of employees . When the City fails to provide insurance coverage for action setforth in Section 1 and is not participating in the State Insurance Risk Management Trust Fund it will pay: (a) 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 section 1. If the civil action arises under section 768 . 28 , Florida Statutes, as a tort claim, the limitation and provisions 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. (b) Any compromise or settlement of any claim or litigation as described in paragraph (a) , subject to the limitations set forth in the that paragraph. (c) Any reimbursement required under section 1 for court costs and reasonable attorney' s fees when the City, has failed to provide an attorney and the defendant prevails. SECTION 3 . Effective Date This Ordinance shall take effect immediately upon it ' s adoption and signature of the Mayor. Passed on first reading this 22nd day of February , 1988 . Passed on second and final reading this 14r1, day of March, 1988 , 1988 . William S. owell, Mayor ATTEST: Adelaide Tucker City Clerk Approved as to form and correctness laude L. Mullis City Attorney