§ 2-194. Defense of officers and employees charged with ethics 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 past or present person appointed by the city council to any city agency, authority, board or commission, or any past or present city employee, when such person is charged with a violation of any of the provisions of Florida Statute, Chapter 112, Part III, Code of Ethics for Public Officers and Employees, and 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 from 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 Florida Statute, Chapter 112, Part III, Code of Ethics for Public Officers and Employees, 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 from having to expand their own funds when such persons are charged with a violation of any of the provisions of Florida Statute, Chapter 112, Part III, Code of Ethics for Public Officers and Employees, and such persons are subsequently acquitted or the charges against such persons are dismissed;

(4)

It is necessary to employ and retain employees who are performing their duties in good faith by removing the potential liability to them from having to expand their own funds when such persons are charged with a violation of any of the provisions of Florida Statute, Chapter 112, Part III, Code of Ethics for Public Officers and Employees, and such persons are subsequently acquitted or the charges against such persons are dismissed; and

(5)

Because the language of the appropriate statute of limitations pertaining to violations of Florida Statute, Chapter 112, Part III, Code of Ethics for Public Officers and Employees, 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, or an employee, it is necessary to limit the potential liability to such persons from having to expend their own funds for the payment of reasonable attorney's fees when such persons are no longer on city council, or members of any city agency, authority, board or commission, or no longer employed by the city, 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)

Officer and employee mean any elected or appointed official or any person appointed by the city council to any agency, authority, board or commission organized under the authority, control and direction of the city council and any employee of the city.

(3)

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. The determination of reasonableness of the fees charged shall be at the sole discretion of the city council.

(4)

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 Florida Statute, Chapter 112, Part III, Code of Ethics for Public Officers and Employees.

(5)

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, but not required, 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 Florida Statute, Chapter 112, Part III, Code of Ethics for Public Officers and Employees, 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 Florida Statute, Chapter 112, Part III, Code of Ethics for Public Officers and Employees, when such person is subsequently acquitted or the charges against such person are dismissed.

(Ord. No. 5313, § 1, 8-17-04)