Village of Wellington - File #: 15-699

• File #: 15-699
• Name: RESOLUTION NO. R2015-73 (ADOPTION OF POLICY FOR REIMBURSEMENT OF ATTORNEYS’ FEES AND COSTS INCIDENT TO ETHICS COMPLAINTS) A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL ADOPTING A POLICY FOR REIMBURSEMENT OF ATTORNEYS’ FEES AND COSTS INCURRED BY CITY OF
• Type: Policy
• Body: Village Council
• Agenda Date: 9/24/2015
• Final action: 2/1/2016
• Title: ITEM: RESOLUTION NO. R2015-73 (ADOPTION OF POLICY FOR REIMBURSEMENT OF ATTORNEYS' FEES AND COSTS INCIDENT TO ETHICS COMPLAINTS) A RESOLUTION OF WELLINGTON, FLORIDA'S COUNCIL ADOPTING A POLICY FOR REIMBURSEMENT OF ATTORNEYS' FEES AND COSTS INCURRED BY CITY OFFICIALS, ADVISORY BOARD MEMBERS AND EMPLOYEES IN SUCCESSFULLY DEFENDING ETHICS COMPLAINTS. REQUEST: Approval of Resolution No. R2015-73 adopting a reimbursement policy for Wellington's public officials, advisory board members and employees incident to ethics Complaints.

Date	Action By	Action	Result
9/24/2015	Village Council	approved	Pass
9/21/2015	Village Council Workshop

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ITEM: RESOLUTION NO. R2015-73 (ADOPTION OF POLICY FOR REIMBURSEMENT OF ATTORNEYS' FEES AND COSTS INCIDENT TO ETHICS COMPLAINTS)

A RESOLUTION OF WELLINGTON, FLORIDA'S COUNCIL ADOPTING A POLICY FOR REIMBURSEMENT OF ATTORNEYS' FEES AND COSTS INCURRED BY CITY OFFICIALS, ADVISORY BOARD MEMBERS AND EMPLOYEES IN SUCCESSFULLY DEFENDING ETHICS COMPLAINTS.

REQUEST: Approval of Resolution No. R2015-73 adopting a reimbursement policy for Wellington's public officials, advisory board members and employees incident to ethics Complaints.

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EXPLANATION: From time to time municipal public officials, board members and employees are required to retain private counsel to defend against complaints brought pursuant to the Florida Code of Ethics or the Palm Beach County Code of Ethics. The Village may voluntarily reimburse a public official for reasonable legal expenses incurred after successfully defending or prevailing in actions concerning the State Code of Ethics, chapter 112, part III, Florida Statutes, or the Palm Beach County Code of Ethics, provided such actions arose out of the performance of their official duties while serving a public purpose. Ferrara v. Caves, 475 So. 2d 1295 (Fla. 4th DCA 1985).

However, numerous municipalities and Palm Beach County and elsewhere have adopted additional policies authorizing reimbursement of attorneys' fees and costs incurred in defense of ethics complaints and prescribing procedures and requirements for reimbursement. I have attached a copy of Leon County's policy as one example. The proposed resolution provides guidelines for when reimbursement is authorized.

BUDGET AMENDMENT REQUIRED: NO

PUBLIC HEARING: NO QUASI-JUDICIAL:

FIRST READING: SECOND READING:

LEGAL SUFFICIENCY: YES

FISCAL IMPACT: NO

WELLINGTON FUNDAMENTAL: Responsive Government

RECOMMENDATION: Approval of Resolution No. R2015-73 adopting a reimbursement policy for Wellington's public officials, adviso...