File #: 17-208    Version: 1 Name:
Type: Resolution Status: Passed
File created: 2/13/2017 In control: City Commission
On agenda: 3/1/2017 Final action: 3/1/2017
Title: ADOPTION OF RESOLUTION NO. 11-17 REPEALING RESOLUTION NO. 51-15-SERVICE OF PROCESS
Sponsors: City Attorney Department
Attachments: 1. Resolution 11-17 Service of Process Designees

TO:                 Mayor and Commissioners

FROM:           R. Max Lohman, City Attorney

DATE:            March 1, 2017

 

Title

ADOPTION OF RESOLUTION NO. 11-17 REPEALING RESOLUTION NO. 51-15-SERVICE OF PROCESS

 

Body

Recommended Action:

Recommendation

Motion to Approve Resolution No. 11-17.

 

Body

Background:

On September 3, 2015, the Commission adopted Resolution  No. 51-15 which authorized the City Manager, any Assistant City Manager, the City Attorney, or any Assistant City Attorney to accept service of process on behalf of the City of Delray Beach as well as any member of the City Commission sued in their official capacity.

In order to enable the City to perform its municipal functions more efficiently, the City Attorney is recommending that the City Commission authorize only the City Attorney, or his or her designee, to accept service of process on behalf of the City of Delray Beach as well as any member of the City Commission who is sued in his or her official capacity.

Additionally, this resolution would maintain the provision that any Commissioner sued as an individual defendant in his or her official capacity could, in writing, revoke the authority of the City Attorney or their designee to accept service of process on the Commissioner’s behalf.