HomeMy WebLinkAbout1975 12 01 Regular
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MEMORANDUM
FROM:
Gary E. Massey, City Attor~ey
Mayor and Council of Winter Springs
Reimbursement of Attorney's fees for the benefit of
an employee, the subject of an investigation.
TO:
RE:
Generally, an agent or servant of a municipal corporation, is as much
entitled to favorable consideration as its officers in the case of
reimbursement of fees, expenditures or losses incurred as a result
of his employment. However, it can be made only when the act which
caused the damage was one directly related to a matter in which the
corporation was interested or was one in in the actual discharge of
his duties. Also, as a general statement of the law, the reimburse-
ment by a municipal corporation of a public officer of costs and
expenses incurred by him in civil suits or proceedings is illegal,
unless the suit was for the benefit of the City or involved a
question of public interest. (See Corpus Juris Secundum Sections
720 and 535 respectively).
After doing extensive research in the area of reimbusrement of fees,
I have not been able to find a case in the State of Florida on point.
The cases that I have reviewed have been where the reimbursement
occurred only as to an officer of a City and not as to an employee.
However, I do believe the general principle cited above would apply
to employee as well as to an officer and therefore I will set out in
brief detail 'the current case law in the State of Florida as to the
reimbursement of officers. In Peck v slencer, 26Fla.23,7So.642,
the Supreme Court of Florida stated as ollows:
"And now, admitting the right of corporations to sue and to .':
,defend suits, and to protect their officers in the lawful - ,
discharge of their duties, to be correct, still, where did
the Town Council of Daytona derive their powers to appropriate
money in the defense of contested elections and the result of
which the corporation had no pecuniary interest whatsoever?
Such powers not given in its Charter, either expressly or by
reasonable implication. These contests are personal, and the
corporation can have no interest in the result, and an approp-
riation to pay anyone of the parties the expenses he may be
put to is without legal authority."
In the above quoted section of that decision, the Court emphasised
the words II and the corporation can have no interest in the re.sul ts'I .
In Williams v City of Miami, 42 So.2d 582 (Supreme Court 1949) The
Court found that the City Commission had no interest in a suit in-
volving the stay of a recall election of one commissioner. Onthe
other hand, in Miller v Carbonelli, 80 So.2d 909 (Supreme Court 1955)
The, services of the attorney were rendered in a quo warranto proceeding
which only directly affected the proper governments and administration
of village affairs but the official action of the remaining councilmen
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Memorandum
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who elected the Mayor. The quo warranto proceedings were brought by
one councilman against another who had been elected Mayor by the
Councilmen.
Finally in Duplig v City of South Daytona, 195 S02d 581 (Fla. Appellate
First District 1967) The attorney's services were rendered ina
defamation suit brought by a former City clerk, who served at the
pleasure of the City Council against the Mayor. The suit was based
upon statements made by the Mayor to the Council concerning the
City clerk. The Court found that the City had a pecuniary interest
in seeing that the !.layor brought to the attention of Council informa-
tion concerning the conduct of officials serving at the pleasure of
the Council, and held as appropriate for the City Council to determine
that the suit was brought against the Mayor in his official capac~ty.
All these cases were summarized in the most recent decision of the
Florida Supreme Court, that being Estes v City of North Miami Beach,
227 So.2d 33.
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Running throughout all these decisions are two basic principles of
law. One is that if an individual is challenged or sued in an in-
dividual capacity and not as a representative of a municipal corpor-
ation then any attorney's fees or costs that are expended by that
person must be borne by him individually. The second question and,
the one with which I believe this Council is most interested and must
make the decision is whether the City of Winter Springs finds that the
City itself has a pecuniary interest in the results of the investigatior
of a City employee in his actions. Again, let me point out that those
actions must be based upon that employee's functions and duties as a
City employee and not anything that may have been done in individual
capacity.
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Balance, General Fund, October 31, 1975
2,204.47
Receipts for Nov.:
Less LEAA Funds-
Less Interest on Fed.
Revenue C.D.
Total Receipts- General Fund
Total Receipts
Less Disbursements
38,586.94
3.120.00
35,466,,94
194.08
35.272.86
37,477 .33
Balance, General Fund, November 30, 1975
31.129.45
6,347.88
Receipts:
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Utility Tax
Occupational Licenses
Building Permits
Electrical Permits
Plumbing Permits
Mechanical Permits
State Revenue Sharing
Fines & Forfeitures
Interest on Savings
Misce llaneous
Copying
Ad Valorem Taxes
Cashed Certificate of Deposit
Gee Creek Cleanup
Expenditures:
Police Department
Fire Department
Public Works Department
Zoning Department
Finance Department
Office & General
Court
Planning Department
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Petty Cash:
Office
Fire D.
Withholding, Cr.
Withholding, Dr.
Insurance, Cr.
Social Security, Cr.
Bank, Cr.
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5,937.36
440.76
594.00
217 . 50
180.00
115.00
8,986.00
1,087.00
42.47
40.50
33.10
3 ,909. 17
10,000.00
3.690.00
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10,383.98
3,227.62
4,208.03
5,226.38
5,000.92
1,686.51
784.62
791.51
89.52
23 .29
1,951.05
2,884.65
218.24
1,008.29
31,129.45
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STATE-BID
,SAD-A-LIT
MID -SIZE
STATE-BID
FULL,
SIZE
A. P. CLARK
FULL SIZE
v-a x x x
400 195 .
CID HP . 35'0 X 360 cm
4 BrCarburetion X2 Br X 2 Br
Air Cleaner X X X
Oil Filter X X X
62 AMP Alternator X ,x X
.
70 AMP Battery X X X
-,.
Resistor Type Spark Plugs X X X
Heavy Duty Radiator X X X
Coolant Recovery System X X X
-,
Automatic Transmission X X X
Heavy Duty Suspensions X X X
.
_-.fower Steering X X X
Parking Brake Warning Light X 'X X
Air Conditioning X X X
Heavy Duty, Foam Padded Seats X X )REG
~ Glove Compartment Lock X X X
Dome Light X X X
Trunk Light X X X+
-
Tinted Glass X X X
--
Arm REsts X X X
Tran~itor Radio AM X X X
Dual System Power Brakes X X X
Electric Windshield X X X
Outside Mirror, Remote ------ --------- X
Tires Bias-Belted Tubes (4-Pr) X X :rrE'EL BEl
-- ----
Vinyl Insert Body Side Molding 25.00' , 16. 30 X
Wheel Covers 24.25 24.25 X
--- .._,.0
Two Tone Color 130.00 130.00 ONE
Auxilliary Transmission Oil "5~0 NO
----
Cooler HD Flasher ~o.uu
Outside Mirror 33.55 7.00 X
-- 25.00
Sar~~y Bum~e.~_~uards 25.00 - - - -- .
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EXTRA ,- ::t.h"-, XII -22'7.55
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---------,. BASE PRICE ~167~ 29' 4,557.68
.
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4,-'tB5:"'2-3 ,-
TOTAL ~-' 43n.09 4,717.00
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