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Resolution 1985-126 c:;:; - IiiiiI June 4, 198.5 RESOLUTION NO. 8S-lli- RESOLUTION SETTING FORTH THE POLICY OF THE BOARD or COUNTY COMMISSIONERS WITH REGARD TO THE SUPPORT ~ LEGAL DEFENSE or ADVISORY BOARD MEMBERS\ WHEREAS, the various advisory boards, quasi-judicial boards and regulatory boards formed by the Board of County Commission- ers, and the members thereof who are appointed by th~ Board of County Commissioners, serve a critical function with regard. to j the.operation of Collier co~ty Gov~rnmentl and / WHEREAS, the members of. such boards serve on a volunteer basis without compensation for the time spent in performing their duties and functions7 and WHEREAS, said boards and board members are regarded by the Board of County Commissioners aw being within the umbrella of legal protection afforded to the Board of County Commissioners and other Collier County employees7 and WHEREAS, the Board of County Commissioners wishes to formalize its policy with regard to the support and legal protec- tion of the members of such boards7 NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMIS- SIONERS OF COLLIER COUNTY, FLORIDA that: 1. Collier County will provi~e legal representation to 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 Commissioners of Collier County, Florida, for those acts and decisions arising directly from the action of such member in carrying out his or her duties or functions while serving on such advisory board, quasi-judicial board or regulatory board. 2. Collier County will pay directly or reimburse to such appointed member all reasonable costs and fees directly arising out of or connected with any legal claim or suit which directly results from a decision or act made while performing the duties or functions of his or her position as an appointed board member. 3. Collier County shall at all times have the discretion~f determining whether to directly represent a member of an advisory , - board, quasi-judicial board or regulatory board in the event a 1001 087 Pl't 465 .};': -. 'S'~: ';)1'lliJ:. .-",,~: <':~ ..',~~ .,~. ,,,;:t~ -x. ", If. '.:l . ~~ . . ~...- ~ &OK 0871'A',t 4.66 claim or suit is bro~qht against such member. If such member chooses to obtain private legAl coun.~l wit~out prior a~thoriza- tion from the Board of County Commissioners, all fees and costa incur:ed by such member shall be solely the responsibility of the individual board member And Collier County shall accept no responsibility for such fees And costs. 4. In the event that a judgment is rendered by a court of competent jurisdiction assessinq damages, costs or fees against an appointed member of an advisory board, quasi-judicial board or regulatory board for acts or decisions arising directly from the action of such member in carrying out his or her duties or functions while serving on such board, Collier County will assume responsibility for payment of such judgment, cost or fee in the same manner and to the same ~p.qree as would be applicable to any Board of County Commission member or other County employee. S. This Resolution is intended to evidence Collier County's support of advisory board, quasi-judicial board and regulatory board members who perform required acts and render decisions in the good faith performance of their duties and functions as board members. Collier County will neither support nor defend a board member whose act or decision is the result of fraud, misfeasance, malfeasance or knowing criminal misconduct. This Resolution adopted after motion, second and roll call vote as follows: Commissioner pistor Motioned and aye Goodnight Seconded and aye Hasse Aye i ~ol1and ;' Aye Pis tor.! Aye Commissioner Commissioner Commissioner' ^. ~U^/l.'l C i . :,<'io~.., ........Q/' omm sSJ.oner ....'.- ,..." (' "':DJl.TED: . Ju~e.'f, 1985 :;.~ : ATTEST: ( . -;.~ '; ; W~LLI - .~ . . ;a". . BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: 'l!tJ()HI FREDEh~t~ J. VOSS, Chairman Approved as to form and legal sufficiencyr 2 ~ 5l !II! ~/. .: -. .