Agenda 02/28/2017 Item #16K1402/28/2017
EXECUTIVE SUMMARY
Recommendation for the Board to authorize, pursuant to County Resolution No. 95-632, the
County Attorney’s Office, to select and retain outside counsel to represent current and former
County Commissioners, several County Code Enforcement Department employees, and other
employees named as Defendants in their individual capacities in a federal civil rights lawsuit filed in
the U.S. Middle District Court of Florida, styled Dion Jackson (“Uber-G”) v. City of Naples and
County of Collier, et al., Case No. 2:15-cv-666-FtM-99cm.
__________________________________________________________________________________
OBJECTIVE: Recommendation for the Board to authorize, pursuant to County Resolution No. 95-632,
the County Attorney’s Office, to select and retain outside counsel to represent current and former County
Commissioners, several County Code Enforcement Department employees, and other employees named
as Defendants in their individual capacities in a federal civil rights lawsuit filed in the U.S. Middle
District Court of Florida, styled Dion Jackson (“Uber-G”) v. City of Naples and County of Collier, et al.,
Case No. 2:15-cv-666-FtM-99cm.
CONSIDERATIONS: Collier County Resolution No. 95-632 sets forth the Board’s policy with regard
to providing a defense and paying legal expenses of County Commissioners, employees and advisory
board members who are sued individually in lawsuits. A copy of both the Complaint and Resolution No.
95-632 are attached.
This lawsuit was served on the County and individual Defendants on February 7, 2017 and alleges claims
for relief resulting from the alleged unlawful detention of Plaintiff Dion Jackson, an Uber driver, by
County Code Enforcement Investigators on June 27, 2015. The lawsuit names the following as
Defendants: (1) The City of Naples and County of Collier; (2) Commissioner Donna Fiala; (3)
Commissioner Penny Taylor; (4) Commissioner Tom Henning (former); (5) Commissioner Georgia A.
Hiller (former); (6) Commissioner Tim Nance (former); (7) Jeff Wright (former Code Enforcement
Director); (8) Amy Lyberg (current Human Resources Director); (9) Jeff Letourneau (current Code
Enforcement Manager); (10) Eric Short (current Code Enforcement Supervisor); (11) Patrick Baldwin
(former Code Enforcement employee); (12) Jonathan Musse (current Code Enforcement Investigator);
(13) John Connetta (current Code Enforcement Specialist); and (14) Jason Bridwell (current Code
Enforcement Supervisor).
The Complaint generally alleges as follows: Mr. Jackson was picking up passengers at the Mercato as an
Uber driver when several of our Code Enforcement employees walked over to Mr. Jackson’s vehicle,
asked the passengers if they were getting an Uber ride, and when informed yes, the Code Enforcement
employees requested the passengers exit the vehicle and take a cab. The Collier County Code
Enforcement employees then asked Mr. Jackson for his driver’s license and subsequently issued him three
citations. Mr. Jackson alleges that he asked our Code Enforcement employees four times whethe r he was
free to leave and his requests were ignored. It appears from the complaint, that Mr. Jackson then
requested Collier County Sheriffs be called to the scene, and after 17 minutes, the Officers arrived and
took no action.
The complaint further alleges that Mr. Jackson took this matter to the County’s Special Magistrate,
Brenda Garretson, who on recommendation of the County Attorney dismissed the citations.
Please note that the citations were issued under the County’s Vehicle for Hire Ordinance, which was
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repealed by the Board during this time for unrelated reasons.
Among other requests, Plaintiff is seeking unstated compensatory and punitive damages for violation of
his constitutional rights. There are allegations involving unreasonable search and sei zure as well as racial
discrimination. The County Attorney is planning to initially file a Motion to Dismiss to narrow the issues
and to achieve dismissal of several of the named defendants including non-Code Enforcement employees
and current and former Commissioners.
Depending on the outcome of the Motion to Dismiss, both current and former employees may have the
opportunity to seek their own legal representation at their own expense, if they so choose. Resolution No.
95-632 sets forth the Board’s policy with regard to providing a defense and paying legal expenses of
County Commissioners, employees and advisory board members who are sued individually in lawsuits.
Section 2(a) of the Resolution provides: “Legal representation shall be provided in civil actions and in
civil rights lawsuits only if the litigation involving the County person to be represented arises out of or in
connection with the performance of official duties and while said County person was serving a valid
public purpose.” Under this policy, the Board “has the discretion to determine whether to directly
represent such individual through the County Attorney’s Office or to select counsel to represent said
County person…”. A copy of this Resolution is attached.
GROWTH MANAGEMENT IMPACT: None.
FISCAL IMPACT: This is a covered case and therefore legal costs and expenses would be paid out of
Fund 516, Property Casualty and Insurance Fund.
RECOMMENDATION: That the Board authorize, pursuant to County Resolution No. 95-632, the
County Attorney’s Office, to select and retain outside counsel to represent current and former County
Commissioners, several County Code Enforcement Department employees, and other employees named
as Defendants in their individual capacities in a federal civil rights lawsuit filed in the U.S. Middle
District Court of Florida, styled Dion Jackson (“Uber-G”) v. City of Naples and County of Collier, et al.,
Case No. 2:15-cv-666-FtM-99cm.
PREPARED BY: Jeffrey A. Klatzkow, County Attorney
ATTACHMENT(S)
1. Third Amended Complaint-Uber (PDF)
2. Resolution No 95-632 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.14
Doc ID: 2781
Item Summary: Recommendation for the Board to authorize, pursuant to County Resolution No.
95-632, the County Attorney’s Office, to select and retain outside counsel to represent current and former
County Commissioners, several County Code Enforcement Department employees, and other employees
named as Defendants in their individual capacities in a federal civil rights lawsuit filed in the U.S. Middle
District Court of Florida, styled Dion Jackson (“Uber-G”) v. City of Naples and County of Collier, et al.,
Case No. 2:15-cv-666-FtM-99cm.
Meeting Date: 02/28/2017
Prepared by:
Title: Legal Assistant/Paralegal – County Attorney's Office
Name: Virginia Neet
02/21/2017 2:08 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
02/21/2017 2:08 PM
Approved By:
Review:
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 02/21/2017 2:24 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 02/21/2017 2:30 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/21/2017 3:30 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 02/21/2017 4:51 PM
Board of County Commissioners MaryJo Brock Meeting Pending 02/28/2017 9:00 AM
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Packet Pg. 1573 Attachment: Third Amended Complaint-Uber (2781 : Retain outside counsel re: Jackson (?Uber-G?) v. City of Naples and County of Collier, et
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Packet Pg. 1602 Attachment: Third Amended Complaint-Uber (2781 : Retain outside counsel re: Jackson (?Uber-G?) v. City of Naples and County of Collier, et
MV rrn.. ,if,'
RESOLUTION NO. 95- 632
A RESOLUTIOX SETTING ~ORTH THB POLICY OF THB SO~
OF COUNTY COKKISSIOHERS WITH REGARD TO PROVIDING A
LEGAL DUDSB AND PAYING LEGAL BXPENSES O~ COtmTY
COKMISSIONERS, COUNTY STAF~ AND COUNTY ADVISORY
SOARD MEMBERS.
WHEREAS, the Board of county Commissioners and the Collier
County management and legal staff are constantly presented with
the necessity for making decisions reqardinq all phases of
County policy, manaqement and legal counsel, respectively; and
WHEREAS, local governments and their employees have
recently becom~ subject to increasinq numbers of lawsuits based
upon state and federal laws; and
WHEREAS, it is essential to the effective operation of
County qover~!nt that policy manaqement and legal decisions
be made competently, in the public interest, and with the
threat of personal liability ~or board and staf ~ members for
makinq said decisions being mdintained at a min.:.mum so as to
avoid the "Chilling effect' on the proper and diliqent
performance of public duties recognized by the Florida Supreme
Court in Thornber v. City of Fort Walton Beach, ;68 So.2d. 914
1990); and
WHEREAS, Florida statut.ry and case law, as well as
Attorney General opinions (hel -;after referred to as "AGO"), set
forth the requirements and dis;~retion which are afforded to the
local qoverninq body to formulate a policy reqardinq the
provision of counsel and payment of leqal expell 5es for Board
members, County staff and [dvisory board mellll,ers who are
involved in litigation arisin~ Ol:.t of or in connE .:tion with the
performance of official dutief and while servinq .~ valid public
purpose; and
WHEREAS, Collier county insurance policies currently
include County employees as wp.ll as Board members and members
of the Administrator's and Co',mty Attorney's staff within the
scope of coveraqe, provided that said persons are actinq within
the scope of their employmen':; and do not act :::riminally or
fraudulently; and
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Packet Pg. 1603 Attachment: Resolution No 95-632 (2781 : Retain outside counsel re: Jackson (?Uber-G?) v. City of Naples and County of Collier, et al.,)
WHEREAS, the Board of County Commissioners (hereafter also
referred to as "Board") desires to hereby set forth and
formalize its policy with regard to the provision of leqal
counsel and the payment of legal expenses incurred by County
Commissioners and administrative and leqal staff so as to
promote competent decisions and conduct in the public interest
while reducinq the threat, intimidation and chillinq effect on
performance of official duties created by potential personal
liability for County Commissioners and County staff members
while actinq in the scope of their official duties and while
servinq a valid public purpose.
WHEREAS, the various advisory boards, quasi-judicial
boards and r~gulatory board; (hereafter also collectively
referred to as "advisory boa:-d (s)") formed by the Board of
County Commissioners, and the lembers thereof who are appointed
by the Board of County CQrnmissoners, serve a cri '::ical function
with reqard to the operation of Collier County Government; and
WHEREAS, the members of such boards serve on a volunteer
basis without compensation for the time spent in performinq
their duties and functions; an
WHEREAS, said boards and oard members are raqarded by the
Board of County Commissioners as beinq within the umbrella of
legal protection afforded to the Board of County Commissioners
and other Collier County employees; and
WHEREAS, the Board hereby desires to s..'t forth and
formalize its policy with rr lard to the provhion of leqal
counsel and the payment of lee 11 expenses incurrl:i by advisory
board members so as to promotl competent decisions and conduct
in the public interest while reducinq the threat, intimidation
and chillinq effect on performance of official d~lties created
by potential l;ersonal liabill ty for advisory board members
while actinq in the scope of their official duties and while
servinq a valid public purpose.
NOW THEREFORE, BE IT RESOLVED BY THE BOAHD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
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Packet Pg. 1604 Attachment: Resolution No 95-632 (2781 : Retain outside counsel re: Jackson (?Uber-G?) v. City of Naples and County of Collier, et al.,)
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1. Definition of "Count.y persones)'" As used in this
Resolution, the term "County person(s)" shall mean and include
the members of the Board of County Commissioners, the County
Administrator and his staff, the County Attorney and his staff,
all employees of the Board of county Commissioners as well as
the Collier County Airport Authority Director and his staff,
the Director and staff of any other County-created authority,
the officers and staff of any dependent or other special
district for which the Collier County Board of County
Commissioners is the governing body or ex-officio the governing
body thereof, and any person appointed by the Board of County
Commissioners to a Collier County Advisory Board,
quasi-jUdicial board or regulatory board formed by the Board of
County CommisBioners of colli(r County, Florida.
2. Pursuant to SectiOI 111.07, Florida Statutes, and
Thornber v. Citv of Fort Wa ton Beacll, 568 Sc .2d 914 (Fla.
1990), the Board hereby resolves to provide leqal
representation to County persons in oivil aotions and in oivil
riqhts action. subject to the limitations set fOlCh herein.
a. Legal represenl ltion shall be pro'Jlded in civil
actions and in ;ivil rights lawsuit:s only if the
litigation inv lving the County person to be
represented arises out of or in connection with
the performance of official dut .es and while
said County person was servinq a valid pUblic
purpose. No re' -:-esentation shall l.e provided in
tort actions f the County pelJOn acted or
failed to act in bad faith, w~th malicious
purpose, or in a manner eXhibiting wanton and
lillful disregard of human right:l, safety or
aroperty. No) epresentation shall be provided
to any County p!rson in a civil action or civil
rights action wilere said County pe,:"son acted or
failed to act with intent te, harm. No
representation shall be provided in any case
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Packet Pg. 1605 Attachment: Resolution No 95-632 (2781 : Retain outside counsel re: Jackson (?Uber-G?) v. City of Naples and County of Collier, et al.,)
r,
where the County person has willfully failed to
follow the legal advice furnished by the Office
of the County Attorney, unless the Board of
County Commissioners specifically finds, at a
public meeting, that said failure to follow
legal advice was for reason(s) within the County
person's scope of employment and served a valid
public purpose.
b. Collier County shall at all times have the
discretion to determine whether to directly
represent such individual through the County
Attorney's office or to select: counsel to
represent said ~ounty person in th~ civil action
or civil righ.s action. If a :ounty person
chooses to obti in private legal clunsel without
prior authoriz~tion from Collie)' County, all
fees and/or co:.ts incurred by such person shall
be the sole responsibility of said person and
Collier county shall accept no responsibili ty
for payment of legal fees and/o~ ~~sts.
c. Any legal fee:' and/or costs prl:perly payable
under this Pol; :y must be reasonable in amount.
d. Pursuant to S~ction 111.07, Florida statutes,
any attorney's fees and/or c~sts paid or
incurred by the county for any C01.'llty person who
is found to b€ personally liable by virtue of
Acting outside tLe scope of empl'.'yment, in bad
faith, with mr .icious purpose, o~- in a manner
exhibiting wanton and willful disregard of human
riqhts, safety or property, may ~, recovered by
the County in a civil action againllt such County
person.
e. Notwithstanding anything else stated in this
section or this ReSOlution, the Bo; Ird shall have
the sole and absolute discretio'1 allowed by
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BOOK HeO pm 115
Section 111.07, Florida Statutes, as well as by
applicable case law, to not provide leqal
representation and to instead reimburse any
County person for reasonable attorney fees
and/or costs in the event that said County
person prevails in the civil or civil rights
action.
3. Pursuant to Sections 111.071 and 111.072, Florida
statutes, the County shall pay for final jUdgments, settlements
and/or costs involving County parsons in civil actions an4 in
oivil rights actions subject to the limitations provided
herein.
a. Collier County shall pay final jUdgments,
settlements a ,d/or costs invclvin9 County
persons only w-'ere the litigatior arose out of
or in connection with the perfo:1Dance by the
County person of official duti~s and while
serving a valid pUblic purpose. No final
judgment, settlement or costs sha'.l be paid for
by the County in a civil action or a civil
rights action ; : the County perso~ against whom
the final judgr. :nt, settlement and/or costs have
been imposed h 1S acted or failed to act with
intent to harm. The County shall not pay any
final jUdgment, settlement and/or costs in tort
actions where a County person has acted or
ailed to act .,it:h bad faith, Jl ,.lice or with
wanton and wil' ful disreqard of ."luman rights,
safety or propc..rty. No judgment and/or costs
shall be paid in any case wher!! the County
person has willfully failed to follow the leqal
Jdvice furnishE'i by the Office of the County
Attorney, unless the Board of County
Commissioners s?ecifically finds, at a public
meetinq, that said failure to follow leqal
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8001C 000 PA~~ 116
advice was for reasons within the County
person's scope of employment and served a valid
public purpose.
b. Any final jUdgments, settlements and/or costs
paid or incurred by the County shall be in
strict adherence with the sovereign immunity
recovery limits set forth in Section 768.28,
Florida statutes.
c. If the County person has had private legal
representation in the case, contrary to the
provisions of Section (2) (b) of this POlicy, any
final judgment, settlement and/or costs imposed
shall be the sole responsibility of said person
and Collier County shall accept no
responsibility for payment 01 the final
judgment, settJ ~ment and/or costs.
d. Pursuant to Ser.tion 111.071(4), t:ds section is
D2t intended ~o be a waiver of sovereign
immunity or a waiver of any .-,ther defense or
immunity to such lawsuits.
4. In cases where a C unty person is fO:':"JIlally charqad
with a criminal violat.ion, th: County shall pay ',:',he laqa1 f.as
and/or costs lncurred by sa j County person only under the
followinq circullStances:
a. The charges against the County pe 'son arose out
of or in connection with the }lerformance of
official dutie~ and while serving .l valid pUblic
purpose.
b. The County pe son has been aCCIl'itted or the
charges dismissed. Lomelo v. cit~ Sunrise,
423 So. 2d. 974 (4th DCA 1982), I;>et. for rev.
dismissed at 43 I. so.2d. 988 (Fla. 1983), and AGO
89-33.
c. The legal fe 1S and/or costs charged are
reasonable in amount.
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d. The County person has first notified the County
administration and legal staff of the pendency
of the charges and has permitted the County the
opportuni ty to either directly provide counsel
or to allow said county person to choose his/her
own counsel.
e. The charges have not resulted from the willful
failure of the County person to follow the legal
advice furnished by the Office of the county
Attorney, unless the Board of County
Commissioners specifically finds, at a public
meeting, that said failure to follow legal
advice was for reasons within the county
person's scope )f employment and r~erved a valid
public purpose.
f. The legal feeslnd/or costs incurrr!d by a County
person during the investigato~r, pre-Charge
stages of a criminal case shall be paid by the
County only for proceedinqs involving potential
criminal liability for the Coun:.y person and
where the aller ations are ultimatoly determined
to be unfounde. and to have arise:) from conduct
related to thE performance of official duties
and while serving a valid public purpose. AGO
94-11. The provisions of Subsect.lons 4b, c, d
and e of this R9solution shall als~) govern these
cases.
g. In the event hat the County pe~son has been
provided legal ~epresentation by the County and
the County person is found guilty of a criminal
charge, the County may recover flom the County
person in a ci Iii! action all leqal fees and/or
costs pa id or Llcurred by the County.
5. The Cr.)unty shall pay legal fees and/or floats incurred
by County persons in C:-lses involvinq formal r..thica charqes
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subject to the limitations provided herein:
a. The ethics charges arose from conduct related to
the performance of official duties and while
serving a valid public purpose. Ellison v.Reid,
397 So. 2d. 352 (1st DCA 1981) and AGO's 85-51
and 90-74.
b. The County person has prevailed and successfully
defended against the ethics charges.
c. The legal fees and/or costs charged are
reasonable in amount.
d. The County person has first notified the County
administration and legal staff of the pendency
of the charges and has permitted ~he County the
opportunity to either directly p:'ovide counsel
or to allow sajj County person to::hoose his/her
own counsel.
e. The charges have not resulted from the willful
failure of the County person to follow the leqal
advice furnished by the Office :)f the County
Attorney, un ass the Board of County
Commissionerspecifically finds, at a public
meeting, that said failure to follow leqal
advice was for reasons within the County
person's scope of employment and ~erved a valid
public purpose.
f. The legal fees ,nd/or costs incurr.!d by a County
person during the investiqator/, pre-charge
stages of an e hics complaint shall be paid by
the County only for proceedings involvinq
potential civil and/or criminal li,\bility and/or
ethics sanction: for the County person and where
the allegations are ultimately determined to be
unfounded and to have arisen from conduct
related to the performance of of ticial duties
and while serving a valid pUblic purpose. AGO
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O('\n I'"
94-11. The provisions of Subsections 5b, c, d
and e of this Resolution shall also govern these
cases.
q. In the event that the County person has been
provided legal representation by the County and
the County person is found by the Florida Ethics
Commission or other appropriate tribunal having
jurisdiction over the case to have committed
ethical violations, the County may recover from
the County person in a civil action all leqal
fees and/or costs paid or incurred by the
County.
h. Nothinq in thi 1 section shall be construed to
preclude the 'ounty Attorney fr ,m requesting
formal or infol nal ethics opinion!, on behalf of
one or more com~issioners.
6. The County shall pay legal fees and/or ,;:osts incurred
by County persons in cases involving non-county administrative
and/or regulatory proceedings and/or formal char:jes subject to
the limitations provided hereh:
a. The proceedin~ ~ and/or charges arose from
conduct relatec to the performance of official
juties and whilu servinq a valid public pUrpose.
b. The County person has prevailed an~ successfully
defended against the proceedinqs a.'.d/or charqes.
c. The legal fel:s and/or costs charged are
I."easonable in 2. ount.
d. The County pen n has first notifi'!ld the County
Administration and legal staff of the pendency
I')f the proceedings and/or charrJes and has
r~rmitted the County the opportunity to directly
provide counselor to allow said County person
to choose his/her own counsel.
e. The charges and/or proceedinqs have not resulted
from the willful failure of the COU'lty person to
0}-
16.K.14.b
Packet Pg. 1611 Attachment: Resolution No 95-632 (2781 : Retain outside counsel re: Jackson (?Uber-G?) v. City of Naples and County of Collier, et al.,)
Ie-.
tollow the legal advice turnished by the Office
ot the County Attorney, unless the Board of
County Commissioners specifically finds, at a
pUblic meeting, that said failure to follow
leqal advice was for reasons within the County
person's scope of employment and served a valid
public purpose.
f. The legal fees and/or costs incurred by the
County person during the pendency ot the
proceedings and/or the investiqatory, pre-charqe
stages of an administrative or regulatory case
shall be paid bv the County only for proceedings
and/or charges Lnvolvinq potential civil and/or
criminal Hat llity and/or a.lministrative/
regulatory sanctions for the Cour..(:y person and
where the alle~ptions are ultimatr'ly determined
to be unfounded and to have risen from conduct
related to the performance of o:-ficial duties
and while serving a valid public purpose. AGO
94-11. The pr. visions of Subsections 6b, c, d
and e of this t solution shall also govern these
ases.
g. In the event that the County person has been
provided legal representation by ':.l1e County and
the County perS-ln is found, by an .ldministrative
r regulatory a1ency or othe; appropriate
tribunal havinc jurisdiction over the case, to
have civil or cciminal liability and/or to have
violated administrative or regulatc)ry rules, the
r:ounty may recover from the Count~. person in a
ivil action all legal fees and/or costs paid or
incurred by the County.
7. The Cr~nty shall pay legal fees an4/or costs incurre4
by in4ividual members of the Board of county COmR1is.ioners for
institutinq, as opposed to defendinq, litiqation only where all
16.K.14.b
Packet Pg. 1612 Attachment: Resolution No 95-632 (2781 : Retain outside counsel re: Jackson (?Uber-G?) v. City of Naples and County of Collier, et al.,)
8.All preliminary decisions ac!min:., stering and
of the followinq circumstances are present:
a. The litigation arises from or in connection with
the Board members performance of official duties
and the litigation serves a valid public
purpose.
b. This section shall apply only to members of the
Board of County Commissioners and not to any
other "County person" defined in section 1 of
this Resolution.
c.The Board member must prevail in said
litigation.
d. The legal fees and/or costs are reasonable in
amount.
e. The Board membl r shall have first notified the
Board of COU-lty commissioners, the County
Administrator ,nd the County Attc rney prior to
the commenceme t of the litigat,;on and shall
have permitted the County the opportunity to
either directly provide counselor to allow said
commissioner to choose his/her own counsel.
f. The litigation Las not resulted fr(~ the willful
failure to fol.',w the leqal advic,~ furnished by
the Office of :he County Attorney, unless the
Board of County Commissioners specifically
finds, at a public meetinq, that I ~dd failure to
follow legal advice was tor reaS(lnS within the
Commissioner's lcope of employment and served a
valid public P\ 'pose.
g. In the event :hat the Commissioner has been
provided legal representation by the County and
the Commissioner does not pre 'fail in tho
litigation, thel. the County may recover from the
Commissioner ir. a civil action aJ.l leqal fees
nnc!/or costs pa:id or incurred by tt;e County.
11-
8001C 000 PAGE 121
16.K.14.b
Packet Pg. 1613 Attachment: Resolution No 95-632 (2781 : Retain outside counsel re: Jackson (?Uber-G?) v. City of Naples and County of Collier, et al.,)
9. Collier County F\:>ard of County Commissioners
Resolution Nos. 85-126 and 35-178 are hereby repealed and
superseded in their entirety.
This Resolution adopted ifter motion, second and majority
vote'favoring same.
DATED':" 'Y~#$
ATTEST:' ,
DWIGHT 'E.:.~ROCK, Clerk
BOARD OF COUNTY COHKISSIONERS
COLLIER co . FU.,*
Chairman
implementinq this policy shall initially be made by the County
Administrator and/or his designee and the Office of the county
Attorney in cooperation and consultation with each other's
respective offices.Both offices are hereby delegated the
power to make any lawful and reasonable investigation and
evaluation of cases arising under this policy. Said evaluation
shall take into account all available relevant information in
addi tion to the nature, type, number and substance of the
allegations contained in any pleadings filed and/or served in
any legal proceeding. All final determinations regardinq the
implementation and administration of this policy shall be made
only by the Board of County commissioners which is in
accordance wit~ AGO's 85-51, 81-22, 90-74 and ~1-58. The Board
shall also make all final determinations .egardinq the
provision of a legal defense and/or payinq leqll expenses of
County person~ for any type 01 legal claim or sui~ arisinq f~om
a County person's performance of official duties while servinq
a valid public purpose if said type of claim or suit is not
specifically addressed by this Resolution.
c~.
@('
Approved as to form and
legal':sufficie lcy:
At tornl' y
5373
12-
oov nn(, par,l ~_Z2
16.K.14.b
Packet Pg. 1614 Attachment: Resolution No 95-632 (2781 : Retain outside counsel re: Jackson (?Uber-G?) v. City of Naples and County of Collier, et al.,)