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