Ordinance 025-1977
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ORDINANCE NO. 25-1977
AN ORDINANCE RELATING TO MONROE COUNTY, FLORIDA;
AUTHORIZING RE-IMBURSEMENT OF REASONABLE ATTORNEY'S
FEES INCURRED IN THE SUCCESSFUL DEFENSE OF A
CRIMINAL OR CIVIL ACTION; SETTING FORTH LEGISLATIVE
INTENT; SETTING FORTH REQUIREMENTS FOR SAID
RE-IMBURSEMENT; DECLARING SAID EXPENDITURES TO BE
FOR A VALID COUNTY PURPOSE; REPEALING ALL LAWS
CONTRARY THERETO; PROVIDING AN EFFECTIVE DATE.
LEGISLATIVE INTENT
WHEREAS the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA find that public officers in the performance of their official
duties should, so far as possible, be protected against fear of reprisal
by way of responding in damages and
WHEREAS, said public officials are entitled to some assurance
that in the performance of a public service they will not be put to
the expense of defending a civil or criminal action predicated upon
their official acts and reports, and
WHEREAS the Board finds that it is necessary to encourage the
continued participation in county government by individuals elected to
the Board of County Commissioners of Monroe County, Florida by
alleviating the potential liablility to said persons of having to expend
their own funds for the payment of reasonable attorney's fees when said
persons are charged with violation and/or violations of any law, civil
or criminal when said persons are subsequently acquitted and/or charges
against said persons are dismissed and/or said persons are finally ad-
judged to have no civil liablility for their acts done within the scope
of their duties is finally determined, and
WHEREAS, the Board is authorized by Florida Statutes 125.01,
to reimburse the County Commissioner for such expenditures, (see
174 So. 422; 348 So. 2d 1245; AGO 068-70; and AGO 054-206) now therefore,
APPROVED ON , ~.l. 'I'
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BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA AS FOLLOWS:
Section 1. THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA shall re-imburse any Board member for his or her reasonable
attorney's fee incurred in successfully defending any criminal and/or
civil legal action brought against said Board member for any action
taken by said Board member while acting within the scope of their
duties and responsibilities.
Section 2. That said re-imbursement shall be authorized by
the Board only at such time as it be finally determined in the litiga-
tion that the Board member (if he be still serving as such) is not
civilly or criminally liable for his or her actions taken within the
scope of his or her duties and responsibilities as a County Commis-
sioner. However, in no event shall said re-imbursement be paid to
a person under any of the following circumstances:
1. conviction by a jury of any crime, irrespective of
whether or not adjudication of guilt is withheld by the Court.
2. a plea of guilty or nollo contendre has been entered
in his behalf, irrespective of whether or not adjudication of guilt
is withheld by the Court.
3. that a Court stipulation has been entered into by said
person wherein he or she agrees to dispose of the civil charges by
compromise rather than by adjudication of the merits of the issues by
a Court or by a jury.
Section 3. It is hereby declared that all such expenditures
when made shall be for a valid county and public purpose within the
meaning of Article VII, Section 9 of the Florida Constitution of 1968.
Section 4. Reimbursement as called for under this Ordinance
shall be made only to those individuals presently serving as County
Commissioners of Monroe County and future members of Boards of County
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Commissioners of Monroe County except it shall make no difference
whether or not the individual receiving said re-imbursement at the
time of receiving same is or is not presently serving as a County
Commissioner.
Section 5. All special laws, ordinances, resolutions, rules
and regulations in conflict herewith are hereby repealed to the
extent of said conflict.
Section 6. This Ordinance shall take effect upon receipt
of the official acknowledgment from the Department of State acknow-
ledging receipt of certified copy of this Ordinance and that said
Ordinance has been filed in said office.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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BY:o;~/~~ /g;;~/1'?~7
M or/Chairman '~
Attest:
, HEREB'. CERm that this document has
beetl reviewed for legal sufficiency atld
con eat and that the same m!9.ts with m, 'U
ap"oval. ~~ ~ ra. '
.'CHARD G.~
Aut. CCMifl!Y Atturney
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)'SII/77
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that at
first reading on Tuesday, November 15, 1977 at 1:00 o'clock p.m.
at the Monroe County Sub-Courthouse, Marathon, Florida and last
reading on Tuesday, November 22, 1977 at 1:00 o'clock p.m. at the
Plantation Key Sheriff's Sub-Station, Plantation Key, Florida,
the Board of County Commissioners of MonrreCounty, Florida
intends to consider the adoption of the following County Ordinance:
ORDINANCE NO.
- 1977
AN ORDINANCE RELATING TO MONROE COUNTY, FLORIDA;
AUTHORIZING RE-IMBURSEMENT OF REASONABLE ATTORNEY'S
FEES INCURRED IN THE SUCCESSFUL DEFENSE OF A
CRIMINAL OR <<IVIL ACTION; SETTING FORTH LEGISLATIVE
INTENT; SETTING FORTH REQUIREMENTS FOR SAID
RE-IMBURSEMENT; DECLARING SAID EXPENDITURES TO BE
FOR A VALID COUNTY PURPOSE; REPEALING ALL LAWS
CONTRARY THERETO; PROVIDING AN EFFECTIVE DATE.
DATED at Key West, Florida this 20th day of October, A.D.
1977.
RALPH W. WHITE
Clerk of the Circuit Court of
Monroe County, Florida and ex
officio Clerk of the Board of
County Commissioners of Monroe
County, Florida
(SEAL)
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"i "' ' o'- STATE OF FLORIDA
V W - TH E CAPITOL
•`^ TALLAHASSEE 32304
.CCD we IVS3 .
BRUCE A. SMATHERS MARY L. SINGLETON
SECRETARY OF STATE Director,Division of Elections
904/488-7690
December 14, 197.7
Honorable Ralph White
Clerk of the Circuit Court
Post Office Box 1680
Key West, Florida 33040
Dear Mr. White:
Pursuant to the provisions of Section 125. 66 Florida Statutes, this will
acknowledge:
1 Receipt of your letter/s of December 9 and certified copy/ies
of Monroe County Ordinance/s No/Nos. 77-22 through 77-25
1. Receipt of an original/ls and certified copy/ies of
County Ordinance/s No. /Nos.
1. Receipt of _ County Ordinance/s relative to:
2. We have filed this /these ordinance/s in this office December 14 , 1977.
2. We have numbered this ordinance/s and was/were
filed in this office 1977.
Cordially,
, , ,,-,, . ,J - / ,,=;,!•/..1.:„.--e 4'1,',LZVZ-e'.-- 1. )
i _ 7 rs. ) N ncy Kavanaugh.
Chief, ureau of Laws,i "
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RESTRICTED DELIVERY.
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