Item R4
BOARD OF COUNTY COMMISSIONERS
Agenda Item Summary
Meeting Date
January 19, 2005
Division
County Attorney
AGENDA ITEM WORDING
Approval of resolution authorizing payment of reasonable attorney's fees and costs for
County officers and employees who are sued for certain actions or omissions arising out of
their official duties when the County Attorney's office is unable to represent that officer or
employee.
ITEM BACKGROUND
The County Attorney's office is charged by ordinance with representing County officers and
employees sued for most actions or omissions arising out of their official duties.
Whenever an employee is named as a defendant in addition to the County, the potential for
a conflict of interest exists that might prevent the County Attorney's office from
representing both the County and the named individual. In such limited circumstances, the
resolution would authorize the payment of reasonable attorney's fees and costs incurred by
the employee should the employee have to seek his or her own attorney. That rate would
be measured against the reasonable prevailing rate for similar services provided in Monroe
County .
Section 111.07 of Florida Statutes authorizes local governments to pay for such attorney's
fees but does not require payment unless the employee prevails.
PREVIOUS RELEVANT BOCC ACTION
CONTRACT/AGREEMENTCHANGES
STAFF RECOMMENDAnONS
TOTAL COST
BUDGETED Yes No
COST TO COUNTY
SOURCE OF FUNDS
APPROVED BY: County Attorney _
OMB/Purchasing Risk Management
DIVISION DIRECTOR APPROVAL:.
DOCUMENTATION:
Included
AGENDA ITEM # 3 - 1
County Attorney
RESOLUTION NO.
-2005
A RESOLUTION AUTHORIZING THE PAYMENT OF REASONABLE
ATTORNEY'S FEES FOR REPRESENTATION OF COUNTY OFFICERS AND
EMPLOYEES SUED FOR ACTIONS TAKEN IN THE COURSE AND SCOPE OF
THEIR DUTIES WHEN THE OFFICE OF THE COUNTY ATTORNEY CANNOT
PROVIDE REPRESENTATION.
WHEREAS, the Office of the County Attorney is authorized by Section 2-358(a)(5) of
the Monroe County Code to defend all current and former County officers and employees in
their personal and official capacities, against any non-criminal action, arising out of acts or
omissions undertaken or omitted in the course of the performance of County business, and
WHEREAS, the potential for a conflict of interest exists when a County officer or
employee is named as a co-defendant or co-respondent with the Board of County
Commissioners and/or any other County officer or employee, which might preclude the
Office of the County Attorney from representing both parties in the litigation; and
WHEREAS, the Rules of Professional Conduct regulating the practice of law in Florida
places conditions and limits on the dual representation of two or more clients when a
potential conflict exists between the clients; and
WHEREAS, Section 111.07 of Florida Statutes authorizes the County to proVide an
attorney to defend an officer or employee in any civil action arising from a complaint for
damages or other injury suffered as a result of any act or omission arising out of and in the
scope of his or her duties except for those acts undertaken in bad faith, with malicious
purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or
property .
NOW THEREFORE; BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT
Section 1. In the event that the Board, the County Attorney, or a court of
competent jurisdiction determines that the Office of County Attorney is precluded by the
Rules of Professional Conduct from defending a County officer or employee in a civil action
arising out of an act or omission in the course of performing County duties or employment,
that the Board of County Commissioners will pay reasonable attorney's fees and costs
incurred by the employee in defense of that action within the limits set forth in F.S. 111.07
and as otherwise set forth herein.
Section 2. When the Office of the County Attorney is precluded from representing
the officer or employee due to a potential or actual conflict of interest, the employee shall
retain an attorney of his or her choice. Any and all fees and costs determined by the Board
or a court of competent jurisdiction to be in excess of the reasonable prevailing rate for
similar services provided by attorneys practicing within Monroe County, Florida, shall be the
sole responsibility of the officer or employee who retained that attorney or incurred those
costs.
~ . .
Section 3. The Board shall not be liable for any fees and costs that are incurred by
an officer or employee when the Rules of Professional Conduct do not prohibit
representation of the officer or employee by the Office of County Attorney unless the Board
consents prior to the engagement of that attorney.
Section 4. Any attorney's fees paid from County funds on behalf of an officer or
employee who is found to be personally liable by virtue of acting outside the scope of his or
her employment or was acting in bad faith, with malicious purpose, or in a manner
exhibiting wanton and willful disregard of human rights, safety, or property, may be
recovered by the County in a civil action against the officer or employee.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 19th day of January, 2005.
Mayor Spehar
Mayor Pro Tem McCoy
Commissioner Nelson
Commissioner Neugent
Commissioner Rice
(SEAL)
Attest: DANNY l.KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairperson
jrescay
DeEAl B. SHILLINGER, JA.
/SSi:3rNT COUNTY ATTORNEY
C'.'" 5' S
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