Ord. No. 09-87-1281ORDINANCE NO.9-87-1281
AN ORDINANCE OF THE CITY OF SOUTH MIAMI,FLORIDA,
PROVIDING FOR THE INDEMNIFICATION,DEFENSE,AND
PAYMENT OF JUDGMENTS OR SETTLEMENTS AGAINST PUBLIC
OFFICERS OF THE CITY;PROVIDING FOR SEVERABILITY,
PROVIDING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH BE REPEALED,AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS,Section 111.071,Florida Statutes,authorizes
municipalities topayjudgmentsor settlements againstCity
officers pertaining todamagesorinjury arising outofandin
the scope of said officer's function;and
WHEREAS,Section 111.072,Florida Statutes,authorizes
municipalities to obtain liability insurance for the judgments or
settlements which the City and its officers may otherwise have to
satisfy;and
WHEREAS,the liability insurance market has greatly
curtailed coverage previously available under the Public Official
Liability and similar insurance policies,while dramatically
increasing premiums;and
WHEREAS,itis necessary to protect City officials from
the specter of personal liability which results from the
performance of their responsibilities.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND THE
CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.Thatthe City of South Miami shall defend,
indemnify and pay all judgments or settlements for the City
officials listed in Section 2belowinregardtoany personal
liabilityarisingoutofandinthescopeoftheofficer's
responsibilities tothe fullest extent authorizedby Section
111.071,Florida Statutes,and other law,in addition to any
insurance purchased bytheCity.
Section 2.The officials referred to in Section 1
above consist solely of the following:all members oftheCity
Commission,includingtheMayor;allmembersofallCity boards,
commissions,or committees;the City Manager;the City Attorney;
the City Clerk;and the Chief of Police.
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Section 3.Nothing in this ordinance shall constitute
a waiver of sovereign immunity or a waiver of any other defense
or immunity to such lawsuits.
Section 4.Nothing in this ordinance shall create any
private right of action against the City by any third party.
Section 5.Nothing in this ordinance shall provide for
any defense,indemnification or payment if the officer acted in
bad faith,with malicious purpose,orina manner exhibiting
wanton and willful disregard of human rights,safety or property.
Section 6.That ifanyword,section or portion of
this ordinance is held invalid bya court of competent
jurisdiction,suchinvalidityshallnotaffecttheremaining
words,sections or portions of this ordinance.
Section 7.That all ordinances or parts of ordinances
in conflict herewith beandthesameare hereby repealed.
Section 8:Effective Date.This ordinance shall be
effective immediately upon passage.
PASSED AND ADOPTED this 4th dayof August ,1987.
ATTEST
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
07-7-1
Passed on 1st Reading:7/21/87
Passed on 2nd Reading:8/04/87
Public Hearing held:8/04/87
APPROVED: