§ 2-236. City to provide attorney; exception; recovery or reimbursement of fees.

The city shall provide an attorney to defend any civil action arising from a complaint for damages or injury suffered as a result of any act or omission of action of any of its officers, employees or agents for an act or omission arising out of and in the scope of his or her employment or function, unless, in the case of a tort action, the officer, employee or agent acted in bad faith, with malicious purpose, or in a manner exhibiting willful disregard of human rights, safety or property. Defense of such civil action includes, but is not limited to, any civil rights lawsuit seeking relief personally against the officer, employee or agent for an act or omission under color of state law, custom or usage, wherein it is alleged that such officer, employee or agent has deprived another person of his rights secured under the United States Constitution or laws. Legal representation of an officer, employee or agent of the city may be provided by the city attorney. However, any attorney's fees paid from public funds for an officer, employee or agent who is found to be personally liable by virtue of acting outside the scope of his employment, or was acting in bad faith, with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety or property, may be recovered by the city in a civil action against such officer, employee or agent. If the city fails pursuant to this division to provide an attorney to defend a civil action arising from a complaint for damages or injury suffered as a result of any act or omission of action of any of its officers, employees or agents and fails to provide such attorney, the city shall reimburse the defendant who prevails in the action for court cost and reasonable attorney's fees.

(Ord. No. 88-1-3, § 1, 3-7-88)

State law reference

Similar provisions, F.S. § 111.07.