HomeMy WebLinkAboutItem III (E) - Acceptant and Approval of Staff Recommendation Regarding Service of Process on the City AGENDA 7-02-91
Item III E
FOLEY & LARDNER
III NORTH ORANGE AVENUE, SUITE 1800
ORLANDO, FLORIDA 32801-2386
TELEPHONE (407) 423-7656
FACSIMILE (407) 648-1743
TAMPA, FLORIDA MAILING ADDRESS: MILWAUKEE, WISCONSIN
JACKSONVILLE, FLORIDA POST OFFICE BOX 2193 MADISON, WISCONSIN
TALLAHASSEE, FLORIDA ORLANDO, FL 32802-2193 WASHINGTON, D.C.
WEST PALM BEACH, FLORIDA ALEXANDRIA, VIRGINIA
ANNAPOLIS, MARYLAND
CHICAGO, ILLINOIS
MEMORANDUM June 27 , 1991
TO Mrs . Jean Grafton, City Clerk,
City of Ocoee
FROM Paul E. Rosenthal, Esq. , City Attorney
RE Service of Process on the City
Attached hereto is a memorandum to the Ocoee
ity Commission. Please place this item on
TWO a the my 16, 1991 agenda of the Ocoee City
lea dog Commission and distribute copies as indicated.
(222
Paul E. Rosenthal
per/etb
attachment
FOLEY & LARDNER
1 I I NORTH ORANGE AVENUE, SUITE 1800
ORLANDO, FLORIDA 32801-2386
TELEPHONE (407) 423-7656
FACSIMILE (407) 648-1743
TAMPA, FLORIDA MAILING ADDRESS: MILWAUKEE, WISCONSIN
JACKSONVILLE, FLORIDA POST OFFICE BOX 2193 MADISON, WISCONSIN
TALLAHASSEE, FLORIDA ORLANDO, FL 32802-2193 WASHINGTON, D.C.
WEST PALM BEACH, FLORIDA ALEXANDRIA, VIRGINIA
ANNAPOLIS, MARYLAND
MEMORANDUM June 27 , 1991 CHICAGO, ILLINOIS
TO The Honorable Mayor and City Commissioners of the
City of Ocoee
FROM Paul E. Rosenthal, Esq. , City Attorney
RE Service of Process on the City
The provisions of Section 48 .111 (1) , Florida Statutes,
provide that serv-ice of process on a municipality
occurs by serving the Mayor, and in his absence the
Vice-Mayor, or in both of their absences any member
of the City Commission. In the absence of an express
authorization from the City Commission, no other per-
sons are authorized to accept service of process on
behalf of the City. In order to avoid inconvenience
on your schedules and to assure that the City receives
prompt notice of any litigation, it is recommended that
the City Manager and Personnel Director be authorized
to accept service of process on behalf of the City.
This authorization would not apply to any lawsuit which
names a Commissioner in his individual capacity, rather
than as a member of the City Commission. However, in
either case, you should promptly deliver to the City
Manager or Personnel Director the original of any law-
suit or notices of claims which may be served upon you.
RECOMMENDATION:
It respectfully is recommended that the City Commission
authorize the City Manager and the Personnel Director
6to accept service of proce s on the City of Ocoee .
per/etb Paul E. Rosenthal
cc: Mr. Ellis Shapiro, City Manager
Ms. Peggy Psaledakis , Personnel Director
Mrs . Jean Grafton, City Clerk