|
<br />scope of their employment or function, unless, in the case of a tort action, the elected official, officer,
<br />
<br />employee, appointee or agent for an act or omission under color of state, county, or local law,
<br />
<br />
<br />custom, or usage, wherein it is alleged that such elected official officer, employee, appointee or agent
<br />
<br />
<br />has deprived another person of rights secured under the Federal or State Constitution or laws.
<br />
<br />
<br />Section 3. Guaranteeing payment of legal fees and costs. The City of Sunny Isles Beach is
<br />
<br />
<br />authorized to and, in cases where the City's insurance policy(ies) have not been met, shall guarantee
<br />
<br />
<br />the payment of, and shall pay all sums due, including, but not limited to, attorneys' fees and costs,
<br />
<br />
<br />for defending any of its elected officials, officers, employees, appointees or agents in any civil actions
<br />
<br />
<br />arising from a complaint for damages, injury suffered, or other legal or equitable relief as a result of
<br />
<br />
<br />any act or omission of action of its elected officials, officers, employees, appointees or agents for an
<br />
<br />
<br />act or omission arising out of and in the scope of their employment or function, unless, in the case
<br />
<br />
<br />of a tort action, the elected official, officer, employee, appointee or agent acted in bad faith, with
<br />
<br />
<br />malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or
<br />
<br />
<br />property, notwithstanding that said sums due may be paid by the City's insurance carrier or that such
<br />
<br />
<br />elected officials, officers, employees, appointees or agents may be entitled to an award of attorneys'
<br />
<br />
<br />fees and costs from the adverse party in said lawsuit.
<br />
<br />Section 4. Recovery of legal fees and costs. Any attorneys' fees and costs paid from the city's
<br />
<br />funds in defending any elected official, officer, employee, appointee or agent who is found to be
<br />
<br />personally liable by virtue of acting outside the scope of their employment or function, or acting in
<br />
<br />bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard of human
<br />
<br />
<br />rights, safety, or property, may be recovered by the City in a civil action authorized by the City
<br />
<br />
<br />Commission against such elected official, officer, employee, appointee or agent.
<br />
<br />Legal Representation Ord,
<br />
<br />-3-
<br />
|