TO: Mayor and Commissioners
FROM: Lynn Gelin, City Attorney
DATE: August 12, 2025
Title
RATIFICATION AND INDEMNIFICATION OF TERRENCE MOORE, LYNN GELIN, AND DUANE D’ANDREA IN THE MATTER OF DAMIEN FERRAIOLO VS. CITY OF DELRAY BEACH, ET AL
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Recommended Action:
Recommendation
Motion to ratify the actions of and indemnify City Manager Terrence Moore, City Attorney Lynn Gelin, and Human Resources Director Duane D’Andrea in the matter of Damien Ferraiolo, vs. City of Delray Beach, et al, pursuant to Section 31.17 of the Delray Beach Code of Ordinances.
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Background:
On July 28, 2025, police officer Damien Ferraiolo filed an Amended Complaint against the City of Delray Beach, Terrence Moore, Lynn Gelin, and Duane D’Andrea. Pursuant to Section 31.16, Delray Beach Code of Ordinances, City officials and employees, with respect to any claim or cause of action arising out of or related to the performance of their public duties, are entitled to representation or defense without charge. “City Officials and Employees” are defined as the Mayor, Commissioners, all appointed officers of the City and all administrative personnel and employees of the City. Accordingly, Mr. Moore, Ms. Gelin, and Duane D’Andrea fall under this definition.
Section 31.17, Indemnification, provides, “City officials or employees who are personally liable for the payment of any claims arising out of a civil action, settlement or judgment, or the expenses, costs and awards of attorney's fees arising therefrom, shall be entitled to indemnification from the City (except to the extent the City's insurance coverage provides payment) where the claim resulted from activities: (1) which were done in good faith; (2) in which the City has an interest; (3) which were within the course and scope of employment or in the course of performance of public duties of the persons so acting; and (4) were not willful, wanton or malicious.” While subsection (B) states that an ultra vires act (an act outside...
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