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.
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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.