Resolution 1985-178
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RESOLUTI". 85-_178 ~
Augu.~ 1985
RESOLUTION SETTING FORTH THE POLICY OF THE
BOARD Ol" COUNTY COMMISSIONERS WITH REGARD
TO THB SUPPORT AND LEGAL DEFENSB OF COUNTY
COMMISSIONERS, MANAGEMENT STAFF AND LEGAL STAFF.
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'." , WH~~, . the Board ot County Commissioner. ,and the Collier '. :1>f"
;, cou~~y manaqement and leqal staff. are constantly prelented,tlith '.i~
the necessity for makinq decisions reqardinq all phases ot County, ~',,',
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policy, manaqement and leqal counsel, respectively, and . ,':~\'
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WHEREAS, it is essential to the effective operation of'
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County qovernment that such decisions be made in an environment
where the threat of personal liability for Board and ataff
members is maintained at a minimum; and
WHEREAS, the Board of County Commissioners (Board) wishes
formalize a policy with regard to the support and legal protec- .
tion of County Commissioners, management staff and leqal
as to reduce the threat of personal liability to such indivi-
duals;
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMIS-
SIONERS OF COLLIER COUNTY, FLORIDA, that
1. As set forth in this Resolution, Collier County hereby
agrees to provide legal representation and to hold harmless and
indemnify the following Board and staff members of Collier
County:
a. All Board of County Commissioners; and
b. The County Manager, Assistant County Manager and
Deputy Assistant County Manaqer; and
c. The County Attorney, all Assistant County
Attorneys and Paralegals and/or Legal Research
Assistants; and
d. All Division Administrators.
2. Collier County will provide legal representation to any
such individual for any legal claim or suit arising directly from
the action of such individual in carrying out his or her duties
or functions as a Board member or a member of management or leqal
staff.
3. Collier County will pay directly or reimburse to such
individual 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 dutiea or func-
tions of his or her position as a Board member or a member of
management or legal ataff.
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08~hlr.[511l Collior County shall at,,"al~.~ime' h~ve the discretion 0:',.
determining whether to directly' represent. iuch individual or to" ".'
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select counsel to ~ep~~~~nt them in ,~he ev~nt a cl~im or ~uit is .;.,:..:.:.s;.~~~
brought a~~inst such individual. If such individual member :t~'T.i.:,"~t,>
'chooses to obtain private legal counsel without prior authori-".
"": , '. ", :"': '.".' ,.' ''II -t.,' : 'f,,"'.(I>.., \,' ..,
uU~n~ f~om Collier County, all feu and' costs incurred by SUC:h-"
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indiVidual shall be solely the responSibility of the individua~~
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and Collier County shall accept no responsibility for such fees':;,:,;,
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and costs. "..:;/.
s. In the event that a judgment is rendered by a court Clr:!~'~~t"
competent jurisdiction assessing damages, costs or fees against:, :. <~:;i~'l
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such individual for acts or decisions arising directly from the..
action of such individual in carrying out his or her Board,
management or legal duties and functions, Collier County will
assume responsibility for payment of such jUdgment, cost or fee.
6. This Resolution is intended to evidence Collier County's
support of Board members and specified management and legal stat~
members who perform acts and render decisions in the good faith
performance of their duties and functions. Collier County will
neither support nor defend an individual whose act or decision is
the result of fraud, malfeasance or knowing criminal misconduct
or whose act or decision is rendered for the purpose of deriving
personal financial or professional gain, or for the purpose ?f
deriving professional or financial gain for his or her immedi~te
family or for any prinCipal by whom the individual is retained. .
This Resolution adopted after motion, second and roll call
vote as follows:
Commissioner
Commissioner
Commissioner
Commissioner
Commissioner
Hasse
Pis tor
Holland
Goodnight
Voss
Motioned and aye
Seconded and aye
Aye
Aye
Aye
"~. .." ~i)A,iq,~gust 20, 1985
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'1. Appfd~ed as to form and legal sufficiency:
l<e~;;r:i fuylr-
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By. FRE~~ VOSS, Chairman
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