§ 2-192. Defense of officers charged with Sunshine Law violations.

(a)

It is hereby found by the city council that the payment by the city of reasonable attorney's fees incurred by any past or present member of the city council or any person appointed by the city council to any city agency, authority, board or commission when such person is charged with a violation of any of the provisions of F.S. § 286.011, when such person is subsequently acquitted or the charges against such person are dismissed, or by any person previously appointed but no longer a member of any city agency, authority, board or commission when such person is charged with a violation of any of the provisions of F.S. § 286.011, when such person is subsequently acquitted or the charges against such person are dismissed, is in the best interest of the public for the following reasons:

(1)

The city council appoints numerous persons to various city agencies, authorities, boards and commissions to facilitate the operation of the city government, and many of the appointed persons receive no compensation or only nominal compensation for their services;

(2)

It is necessary to encourage the continued participation in city government by individuals appointed to various agencies, authorities, boards and commissions by limiting the potential liability of such persons of having to expend their own funds for the payment of reasonable attorney's fees when such persons are charged with a violation of any of the provisions of F.S. § 286.011, when such persons are subsequently acquitted or the charges against such persons are dismissed;

(3)

It is necessary to encourage all qualified persons to seek election to the city council by removing the potential liability to them of having to expand their own funds when such persons are charged with a violation of any of the provisions of F.S. § 286.011, and such persons are subsequently acquitted or the charges against such persons are dismissed; and

(4)

Because the language of the appropriate statute of limitations pertaining to violations of F.S. § 286.011 could result in a person being charged with such violation even though such person is no longer a member of the city council or a member of any city agency, authority, board or commission, it is necessary to encourage the continued participation in city government by individuals appointed to various city agencies, authorities, boards and commissions by limiting the potential liability to such persons of having to expend their own funds for the payment of reasonable attorney's fees when such persons are no longer members of any city agency, authority, board or commission, when such persons are subsequently acquitted or the charges against such persons are dismissed.

(b)

When used in this section, the following words shall mean as indicated:

(1)

City council means the elected officials of the city.

(2)

Reasonable attorney's fees means fees earned by an attorney licensed to practice law in the state based on the customary per hour rate charged in the county for similar work performed by the attorney.

(3)

Agency, authority, board or commission means any organization, organized under the authority, control and direction of the city council, serving a governmental function and coming within the purview of F.S. § 286.011.

(4)

City funds means any and all funds of money authorized for expenditure by the city council, not otherwise prohibited.

(c)

The city council is authorized to expend city funds for the payment of reasonable attorney's fees incurred by any past or present member of the city council or any person appointed by the city council to any city agency, authority, board or commission when such person is charged with a violation of any of the provisions of F.S. § 286.011, when such person is subsequently acquitted or the charges against such person are dismissed, or by any person previously appointed but no longer a member of any city agency, authority, board or commission when such person is charged with a violation of any of the provisions of F.S. § 286.011, when such person is subsequently acquitted or the charges against such person are dismissed.

(Code 1961, § 2-1.2; Code 1985, § 2-4)