§ 2-142. Legal counsel for city officials and employees; payment of judgments.

(a)

Pursuant to F.S. § 111.07, in those instances when the city's insurance carrier does not provide legal counsel, the city shall provide legal counsel of its choice at its expense to defend any civil action brought against any of its elected or appointed officials, including members of advisory boards, or employees for alleged acts or omissions arising out and in the scope of their employment or function with the city, including authorized service in such capacity on other governmental bodies, unless, in the case of a tort action, such official or employee was acting in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety or property.

(b)

Pursuant to F.S. § 111.071, in those instances when the city's insurance does not provide coverage, the city shall expend available monies required to be established hereunder to pay:

(1)

Any final personal judgment, including damages, costs and attorney's fees, against any elected or appointed official, including members of advisory boards, and employees of the City of Belleair Beach, Florida, held to be personally liable in a civil action for acts or omissions arising out of and in the scope of the employment or function with the city, including authorized service in such capacity on other governmental bodies, except as hereinafter limited.

(2)

If the civil action arises under F.S. § 768.28, as a tort claim, the limitations and provisions of that section governing payment, including the specific limits on amount of payments as contained in F.S. § 768.28(5) and the exclusions for acts and omissions done in bad faith or with malicious purpose, or any manner exhibiting wanton and willful disregard of human rights, safety, or property as contained in F.S. § 768.28(9), shall apply. If the civil action arises under 42 U.S.C. Section 1983, or similar federal statutes, payments for the full amount of the judgment may be made unless the official or employee has been determined in the final judgment to have caused harm intentionally.

(c)

For the purposes of this section the term "final judgment" means a judgment upon completion of any appellate proceedings.

(d)

This section is not intended to be a waiver of sovereign immunity or of any other defense or immunity available at law.

(Ord. No. 14-01, § 1, 3-3-2014)