§ 2-237. Payment of judgments or settlements against certain public officers or employees.

When the city fails to provide insurance coverage for action set forth in section 2-236 and is not participating in the state insurance risk management trust fund it will pay:

(1)

Any final judgment, including damages, costs and attorney's fees, arising from a complaint for damages or injury suffered as a result of any act or omission of action of any officer, employee or agent in a civil or civil rights lawsuit described in section 2-236. If the civil action arises under F.S. § 768.28, as a tort claim, the limitation and provisions of F.S. § 768.28 governing payment shall apply. If the action is a civil rights action arising under 42 U.S.C. 1983, or similar federal statutes, payments for the full amount of the judgment may be made unless the officer, employee or agent has been determined in the final judgment to have caused the harm intentionally.

(2)

Any compromise or settlement of any claim or litigation as described in paragraph (1), subject to the limitations set forth in that paragraph.

(3)

Any reimbursement required under section 2-236 for court costs and reasonable attorney's fees when the city has failed to provide an attorney and the defendant prevails.

(Ord. No. 88-1-3, § 2, 3-7-88)

State law reference

Similar provisions, F.S. § 111.071.