HomeMy WebLinkAboutResolution 87-06 o fin, e o .10 _ Ocoee V! K .,___
o
, F
OF GOO
G
Illiw solution
1St
RESOLUTION NO. 87 -06
AUTHORIZING EMPLOYMENT OF ATTORNEYS TO
REPRESENT CERTAIN DEFENDANTS IN LAWSUIT FILED BY
PRIMA VISTA UTILITIES COMPANY, INC.
WHEREAS Rusty Johnson, Lester Dabbs, Jr., John Bateman and Vard
Hager are currently City Commissioners of the City of Ocoee; and
WHEREAS Teddy C. Ryan, Jr. is currently City Manager of the City
of Ocoee and Thomas R. Ison is currently Mayor of the City of Ocoee and
Tom Kelley is currently the duly- appointed City Engineer for the City of
Ocoee; and Frank C. Kruppenbacher is currently the City Attorney for the
City of Ocoee; and
WHEREAS the foregoing individuals have been sued by Prima Vista
Utility Company, Inc. in the Circuit Court for the Ninth Judicial Circuit
of Florida, Case No. CI87 -2462 (which lawsuit is hereinafter referred to
as "the lawsuit "); and
WHEREAS the City of Ocoee is a municipality organized and existing
under the laws of Florida and is authorized, by Section 111.07, Florida
Statutes; Article VIII, 3(b), Florida Constitution; Section 166.021(1),
Florida Statutes; and the City's charter to provide an attorney to defend
any civil action arising from a complaint for damages or injury allegedly
suffered as a result of alleged acts or omissions of action of any of its
officers, employees or agents for acts or omissions arising out of and in
the scope of their employment by the City or in the scope of their municipal
function; and
WHEREAS the authority of the City to defend such civil actions
and to provide an attorney to represent such officers, employees or agents
in connection therewith includes, but is not limited to, actions alleging
iiir violations of civil rights seeking relief personally against any such
officer, employee or agent for acts or omissions under color of State law,
custom or usage, wherein it is alleged that such officer, employee or agent
has deprived another person of his or its rights secured under the Federal
Constitution or laws [ "federal civil rights claim "]; and
WHEREAS the lawsuit includes a federal civil rights claim against
the aforesaid officers, employees and agents of the City of Ocoee personally
and in their official capacity; and
WHEREAS the City deems it to be in the best interests of the City
to provide an attorney or attorneys to defend the aforesaid individuals
in both their official and personal capacities in the lawsuit because to
deny representation to persons who have been sued for acts purportedly
arising from the performance of their official duties would have a chilling
effect upon the proper performance of their duties and the diligent represen-
tation of the public interest.
NOW THEREFORE be it resolved as follows:
1. That the City shall provide an attorney or attorneys
selected by the City Attorney to defend the aforesaid
persons personally and in their official capacities,
and the City Manager is authorized to expend up to
$30,000.00 of City funds in connection therewith without
seeking further authority from the City Commission;
provided, however, that if and in the event any of
the aforesaid officers, employees or agents is found
to be personally liable to Prima Vista Utilities, Inc.
by virtue of acting outside the scope of his employment
or in bad faith, with malicious purpose, or in a manner
exhibiting wanton and willful disregard of human rights,
safety or property, then and in such event the City
reserves the right to recover attorneys' fees paid
hereunder from any such officers, employees or agents.
2. That the City Manager shall promptly give notice of
the lawsuit to the City's liability insurance carriers
and request them to furnish a defense to all Defendants
in the lawsuit.
ADOPTED this 21st day of April 1987.
d..~ {Z d~lvJ
MAYOR
JZ;~ ~
CITY CLERK