Res No 075-10-13109RESOLUTION: 75 -10 -13109
A Resolution of the Mayor and City Commission of the City of South Miami,
Florida, expressing the City Commission's intent to indemnify and defend its
currently appointed officials from claims made against them based on
decisions or actions they have taken or will take within the course and scope
of their duties; and providing an effective date.
Whereas, Section 768.28(9)(a), Fla. Stat., provides that "No officer, employee, or
agent of the state or of any of its subdivisions shall be held personally liable in tort or named
as a party defendant in any action for any injury or damage suffered as a result of any act,
event, or omission of action in the scope of her or his employment or function, unless such
officer, employee, or agent acted in bad faith or with malicious purpose or in a manner
exhibiting wanton and willful disregard of human rights, safety, or property ", and
Whereas, Section 111.07, Fla. Stat., provides that, "Any municipality, is authorized
to 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 wanton and 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 rights secured under the Federal
Constitution or laws "; and
Whereas, the City Commission desires to indemnify its current appointed officials to
the full extent authorized by law to enable those officials to fulfill their duties without fearing
being subjected to liability in their individual capacities for decisions they make; and
Whereas, there are pending matters which the City needs to investigate to defend
itself against anticipated litigation, as well as potential fraud, dishonesty or acts of bad faith
that may occur against the City; and
Whereas, current appointed officials, agents and employees of the City, including but
not limited to the Acting City Manager, the City Attorney, and the City Clerk, routinely act
within the scope of their duties and of our Charter; and
Whereas, current appointed officials of the City, from time to time leave the
employment of the City for various reasons, wherein they are no longer officials of the City
of South Miami; and
Whereas, there is no clear provision in our code to protect current appointed officials
of the City after they leave the employ of the City from being sued; and
Whereas, the duties of the City Commission to indemnify said current appointed
officials, does not stop if said officials leave the employment of the City.
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Res. No. 75 -10 -13109
Whereas, it is thus necessary and proper to continue to protect, indemnify and hold
hannless current City appointed officials acting within the scope of their duties, even after
they leave the employment of the City.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1: that it is hereby declared the policy of the City of South Miami, Florida, to
protect, defend, and indemnify current City appointed officials who have legally acted within
the scope of their duties and under the Charter, from any and all lawsuits, losses, damages,
settlements, claims, costs, expenses, or liabilities of every and any kind, including attorneys
fees, in connection with or arising directly, or indirectly in carrying out the wishes of the City
Commission, and acting legally and properly during the course of their employment with the
City of South Miami.
Section 2: Thus the scope of protection afforded to current City appointed officials
of the City, including the Acting City Manager, the City Attorney and the City Clerk shall be
extended so that protection shall be continued to be offered to them, even after they leave the
employ of the City. Thus this resolution is intended to solely apply to the following current
appointed officials, even if they leave the employ of the City, the Acting City Manager,
Roger M. Carlton, City Attorney, Laurence Feingold, Deputy City Attorney Mark A.
Goldstein, and City Clerk Maria M. Menendez.
Section 3. This Resolution shall take effect immediately upon adoption, but shall
not operate retroactively so as to apply to past appointed officials of the City.
PASSED AND ADOPTED this April 19
ATTEST:
Y CLERK
READ AND APPROVED AS TO FORM
AND SUF ICIENCY:
City Attorney
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2010.
APPROVED `)✓
dkv
MAY R
COMMISSION VOTE: 4 -1
Mayor Stoddard:
Yea
Vice Mayor Newman:
Yea
Commissioner Beasley:
Yea
Commissioner Harris:
Yea
Commissioner Palmer:
Nay