O77-24ORDINANCE NO. 77- Z~
AN ORDINanCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
PROVIDING FOR THE LEGAL DEFENSE AIqD INDEMNIFICATION
OF CITY OFFICIALS AND EMi~LOYEES OF TPfE~CITY OF
BOYNTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY TO
CODIFY, SAVINGS CLAUSE, REPEALING .PROVISION, AN
EFFECTIVE DATE AND FOR OTHER PURPOSES.
WHEREAS, City Officials and Empleyees may be held liable
for the payment of civil judgments arising out of actions which
they nook in furtherance of the City's interest and in the course
of their employment; and
WHEREAS, the threat of such civil judgments may inhibit Cit~
officials and employees to effectively and efficiently perform
their duties without regard to the threat of such civil judgments,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF BOYNTON BEACH, FLORIDA:
Section 1: Definition:
City officials and employees - as used in this ordinance
the term City officials and employees shall include the
Mayor, Council Members, all appointed officers of the
City of Boynton Beach (~cluding members of the Boynton
Beach Housing Authority) all Board Members, Commission
Members or Committee Members of the City of Boynton
Beach~ and all Administrative Personnel and employees
of the City of Boynton Beach.
Section 2: Right of Representation:
The City Attorney's office, Insurance Defense Counsel,
if applicable, or other Counsel appointed by the City
Council shall undertake the representation or defense
without charge of City officials and employees with
respect to any claim or cause of action arising out
of or related to the performance by said City officials
or employees of their public duties.
Section 3: Indemnification:
City officials or employees who are personally liable
for the payment of any claims arising out of a civil
action or settlements, judgments, expenses, cost and
awards of attorney's fees arising therefrom shall be
entitled to indemnification from the City of Boynton
Beach (except to the extent the City's insurance
coverage provides payment where the claim resulted
from activities:
a. Which were done in good faith; and
b. In which the City of Boynton Beach has an interest; and
c. ~ich were within the course of employment or in the
course of performance of public duties of the persons
so acting; and
d. Were not wilful, wanton, or malicious.
Section 4: Reservations of Rights:
The undertaking of legal defense by the City under
Section 2 above shall automatically b~ under a
reservation of rights regarding the eligibility of the
subject claim for the benefits provided by this
ordinance.
Section 5. No Waiver of Defenses:
Nothing in this ordinan'ce shall be construed to waive
any defense in any~ action which would be available in
the absence-Qf this ordinance to the City or individual
City officials ~or employees; including but not limited
to, those defenses Which could be asserted under Florida
Statute 768.28 or any successor Statute thereto.
Section 6: Authority to Codify: Specific authority is here
)y granted to codify and incorporate this Ordinance in the City's
~xisting Code.
Section 7: Separability~ Each of the provtsmons of this
Drdinance is separable, including word, clause, phrase or sentence
and if any portion thereof shall be declared invalid, the re-
maining portion shall not be affected but shall remain in full
force and effect.
of
Section 8: Repealing Provision:~ Ail ordinances or parts
ordinances in conflict herewith are hereby repealed.
Section 9: An Effective Date: This Ordinance shall be-
~ome
A.D.,
effective in the manner and
First reading this ~
Second, final reading and
1977.
at the time provided by law.
day of ~_~u~q--, A.D., 1977.
passage this ~ ~ day of ~
CITY OF BOYNTON BEACH, FLORIDA