Ord. No. 14-96-1614Ordinance 14-96-1614
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA;RELATING TO ETHICS;
PROVIDING FOR INDEMNIFICATION OF LEGAL DEFENSE COSTS;
PROVIDING FOR SEVERABILITY,ORDINANCES IN CONFLICT,AND
AN EFFECTIVE DATE.
WHEREAS,Florida courts recognize that public officials are
entitled to legal representation at public expense for
successfully defending themselves against administrative charges
and litigation arising from the performance of their official
duties while serving a public purpose;and,
WHEREAS,the purpose to be achieved by providing legal
representation for public officials is the avoidance of barriers
to public service and public employment caused by the chilling
effect that a denial of representation might have on public
officials in performing their duties properly and diligently;
and,
WHEREAS,neither Florida Statutes nor the City of South
Miami Code of Ordinances specifically provide for payment of
legal expenses incurred by city officials who prevail in
defending against charges filed against them with the Florida
Ethics Commission,the city commission,in the Dade County Court,
orin any other judicial,quasi-judicial,or administrative
forum;and,
WHEREAS,the Mayor and the City Commission find that itis
inthe public interest to codify the right of city officials to
receive indemnification for such legal expenses to the same
extent asis required under the common law of the State of
Florida.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.It is found and declared to be in the public
interest to provide for the indemnification of the reasonable
legal expenses incurred by city officials who prevail in
defending against ethics charges filed against them with the
Florida Ethics Commission,the city commission,in the Dade
County Court,orin any other judicial,quasi-judicial,or
administrative forum to the same extent as is required under the
common law of the State of Florida.
Section 2.Definitions.
Page 2 of Ord.#14-96-1614
1.The term "city official"means theMayor,a member ofthe
citycommission,oramemberofanyagency,authority,
board or committee ofthecity,the city manager,the
city attorney andthecityclerk,an employee oranagent
of the city.
2.The term "reasonable legal expenses"means reasonable
attorney's fees and costs which are necessarily incurred
in providing a successful defense to an ethics charge.
3.The term "ethics charges"means a formal charge of a
violation of a code of ethics for public officers and
employees,that is alleged to be applicable to city
officials,filed in a judicial,quasi-judicial,or
administrative forum,which arises under §112.311-§112-
326,Florida Statutes,the City Charter and the City Code
of Ordinances,the Metropolitan Dade County Code,or any
other provision ofthe Florida Statutes,orthe city or
county codes pertaining to ethics.
4.The term "prevail"means all charges filed ina
proceeding are dismissed forany reason orthe accused is
found innocent of all charges.The term "prevail"does
not mean (1)the accused pleads no contest to any of the
charges;or,(2)anyofthechargesare withdrawn or
dismissed under any circumstances relating tothe accused
reaching an agreement with the complainant orthe
prosecuting authority.
Section 3.The city shall indemnify a city official for
the reasonable legal expenses incurred byan official who
prevails in defending against ethics charges filed against the
official with the Florida Ethics Commission,the city commission,
intheDade County Court,orinanyotherjudicial,quasi-
judicial,or administrative forum tothesame extent as is
requiredundercommonlawoftheStateof Florida.
Indemnification shallbe paid afterthe conclusion ofthetrial
and appellate proceedingsupon findings bythecitycommission
that (1)the city official prevailed inthe proceedings;(2)the
charges aroseoutoforin connection withtheperformanceofthe
official's official duties;(3)the acts or omissions complained
of served a valid public purpose;and,(4)the legal expenses
incurredbythecityofficialare reasonable.Thecitycommission
shallbeguidedbytheopinionofthecityattorneyregardingthe
necessityand reasonableness ofthelegalexpenses incurred by
thecityofficial.Legalexpensesshallbe presumed tobe
reasonable if they are incurred pursuant toa litigation plan and
budgetthatis approved bythecityattorney before theyare
incurred.
Section 4.This ordinance shall be codified in the City
of South Miami Code of Ordinances as Sec.2-4.6A.Common law
indemnification of city officials.
Page 3 of Ord.#14-96-1614
Section 5.If any section,clause,sentence,or phrase
of this ordinance is for any reason held invalid or
unconstitutional by a court of competent jurisdiction,the
holding shall not affect the validity of the remaining portions
of this ordinance.
Section 6.All ordinances or parts of ordinances in
conflict with the provisions of this ordinance are hereby
repealed.
Section 7.This ordinance shall take effect immediately
at the time of its passage.
PASSED AND ADOPTED this6th _dayofAugust1996.
ATTEST:APPROVED:
tiUtJiZX^K^
City Clerk
1st Reading -July 23,1996
2nd Reading -August 6,1996
READ AND APPROVED AS TO FORM:
*,/C.cT-<//<*yL
City Attorney
^M
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ayor
COMMISSION VOTE:5-0
Mayor Cunningham:Yea
Vice Mayor Robaina:Yea
Commissioner Price:Yea
Commissioner Bethel:Yea
Commissioner Young:Yea
TO:
CITY OF SOUTH MIAMI
6130 Sunset Drive,South Miami,FL 33143
Mayor and Commission
FROM:EddieCox,City Nfanager
DATE:
RE:
August 2,1996
Agenda Item #f
Commission Meeting
August 6,1996
Ethics Ordinance
This ordinance was prepared byCityAttorney,EarlGallop,at the request of Commissioner
Young,providingfor reimbursement of legalexpenses incurred bycityofficialswhoprevailon
ethicschargesthatarefiled against them.
Thisisthe second reading of this ordinance.