TO: Mayor and Commissioners
FROM: Lynn Gelin, City Attorney
DATE: November 2, 2026
Title
RATIFICATION AND INDEMNIFICATION OF CHIEF OF POLICE DARRELL HUNTER IN THE MATTER OF FLORIDA CARRY, INC. VS. CITY OF DELRAY BEACH, ET AL
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Recommended Action:
Recommendation
Motion to ratify the actions of and indemnify Chief Darrell Hunter in the matter of Florida Carry, Inc. 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 October 5, 2026, Florida Carry, Inc., filed a Complaint against Chief Hunter, in his individual capacity, as well as the City of Delray Beach and other municipalities throughout the State and Palm Beach County, alleging, inter alia, violations of Florida’s risk protection order process pursuant to Florida Statute Section 790.401. Section 31.16 of the Delray Beach Code of Ordinances provides that 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” include the mayor, commissioners, all appointed officers of the City and all administrative personnel and employees of the City. Accordingly, Chief Hunter falls 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.” Sectio...
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