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RESOLUTION:
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 elected 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 clarifying the broad scope of said public duties
by South Miami elected officials; 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, this City Commission previously passed Resolution No. 75 -10- 13109,
dated April 19, 2010, confirming the City Commission's policy to indemnify and defend
appointed officials, and it is equally necessary and proper to pass a similar resolution
clarifying the protection of elected officials.
WHEREAS, it is thus appropriate to indemnify elected officials to the full extent
authorized by law to enable those officials to fulfill their duties without fear of being
subjected to liability in their individual capacities for decisions they make in the line of duty;
and
WHEREAS, the public duties of elected officials in the City of South Miami are
declared to be broad in scope. Examples of the broad scope of public duties include, but are
not limited to, promoting human rights, conserving energy, protecting the environment,
promoting a sustainable Green community, opposing potentially unsafe or uneconomical
infrastructure, and demanding realistic safeguards in the construction, maintenance and repair
of existing nuclear power plants; and
WHEREAS, it is thus necessary and proper to clarify that the public duties of the
elected officials of the City of South Miami include actions as set forth above which go
beyond the mere scope of enacting legislation; and
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WHEREAS, there is no clear provision in our Code to protect elected officials of the
City from being sued after they leave the City; and
WHEREAS, it is necessary and proper to continue to protect, indemnify and hold
harmless elected officials acting within the scope of their duties, even after they leave the
City.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1: The forgoing findings are incorporated herein by reference and made a
part hereof.
Section 2: That it is hereby declared the policy of the City of South Miami, Florida,
to protect, defend, and indemnify elected 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 policy and wishes of the
City Commission, and acting legally and properly during the course of their tenure with the
City of South Miami.
Section 3: This protection afforded to elected officials of the City shall be extended
so that it shall be continued to be offered to them, even after they leave the City providing
that the any claims made against them did in fact arise during their tenure as elected officials
of the City of South Miami.
Section 4. This Resolution shall take effect immediately upon adoption, but shall
not operate retroactively so as to apply to past elected officials of the City.
PASSED AND ADOPTED this 2010.
ATTEST: APPROVED:
CITY CLERK
READ AND APPROVED AS TO FORM
AND SUFFICIENCY:
CITY ATTORNEY
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Beasley:
Commissioner Harris:
Commissioner Palmer:
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