TO: Mayor and Commissioners
FROM: Lynn Gelin, City Attorney
DATE: August 9, 2022
Title
RATIFICATION AND INDEMNIFICATION OF TERRENCE MOORE IN THE MATTER OF CHRISTINE FERRIGAN VS. CITY OF DELRAY BEACH, ET AL
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Recommended Action:
Recommendation
Motion to ratify and indemnify City Manager Terrence Moore in the matter of Christine Ferrigan, 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 25, 2022, former employee Christine Ferrigan filed a Complaint against the City of Delray Beach, Terrence Moore, and Hassan Hadjimiry. 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 falls under this definition.
The Complaint filed by Ms. Ferrigan names Mr. Moore in his individual and official capacity. 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 the scope of authority or employment done in bad faith, with malic...
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