§ 2-36. Payment of attorney's fees and costs.

(a)

Findings of fact. It is hereby found by the board of county commissioners that the payment of reasonable attorney's fees and costs incurred by any past or present member of the board of county commissioners, or employees of Marion County, or any person appointed by the board of county commissioners to any county agency, authority, board or commission, when such person successfully defends or prevails in civil, criminal or ethical investigations, or actions, arising out of and in connection with the scope of county employment or service is in the public interest for the following reasons:

(1)

The board of county commissioners appoints numerous persons to various county agencies, authorities, boards and commissions to facilitate the operation of the county government.

(2)

Many persons appointed to county agencies, authorities, boards and commissions receive no compensation or nominal compensation for their services.

(3)

It is necessary to encourage the continued participation in county government by individuals appointed to various county agencies, authorities, boards and commissions by limiting the potential liability to those persons of having to expend their own funds for the payment of reasonable attorney's fees and costs when they successfully defend or prevail in civil, criminal or ethical investigations, or actions, arising out of and in connection with the scope of county employment or service.

(4)

It is necessary to encourage all qualified persons to seek election to the board of county commissioners by alleviating the potential liability to them of having to expend their own funds for the payment of reasonable attorney's fees and costs when they successfully defend or prevail in civil, criminal or ethical investigations, or actions, arising out of and in connection with the scope of county employment or service.

(5)

Because the appropriate statute of limitations could result in a person being charged with a violation even though such person is no longer a member of the board of county commissioners, a county employee, or a member of any county agency, authority, board or commission, it is necessary to encourage the continued participation in county government by limiting the potential liability to such persons of having to expend their own funds for the payment of reasonable attorney's fees and costs when such persons successfully defend or prevail in civil, criminal or ethical investigations or actions arising out of and in connection with the scope of county employment or service.

(b)

Definitions. When used in this section, the following words shall have the meanings herein ascribed to them:

(1)

Agency, authority, board or commission shall mean any organization organized under the authority, control and direction of the board of county commissioners serving a governmental function and coming within the purview of the government in the Sunshine Law of the state. Whenever the context so requires it shall include any combination of the foregoing and the plural if more than one would be applicable.

(2)

County funds shall mean any and all funds of money authorized for expenditures by the board of county commissioners not otherwise prohibited.

(3)

Reasonable attorney's fees shall mean fees earned by an attorney licensed to practice law in the state based on the customary per hour rate charged in the county for similar work performed by the attorney.

(4)

Successfully defend or prevail shall mean the dismissal, the finding of not guilty or a verdict in favor of the persons covered herein and shall apply to individual counts, charges, or allegations. A failure to successfully defend or prevail against one or more counts, charges or allegations shall not necessarily affect the application of this section to other counts, charges or allegations which were successfully defended or against which the officer or employee prevailed.

(c)

Expenditure authorized. The board of county commissioners shall be authorized to expend county funds for the payment of reasonable attorney's fees and costs incurred by any past or present member of the board of county commissioners, employees of Marion County, or any person appointed by the board of county commissioners to any county agency, authority, board or commission, when such person successfully defends or prevails in civil, criminal or ethical investigations, or actions, arising out of and in connection with the scope of county employment or service.

(d)

Any person who believes that he or she is entitled to payment of attorney's fees and costs pursuant to this section shall file a written request with the county attorney, which request shall include:

(1)

The name and current address of the person making the request;

(2)

A description of the entity conducting the investigation or proceeding;

(3)

The case number or file number of the investigation or proceeding, if known;

(4)

A description of each count, charge or allegation made or being investigated;

(5)

The dates that the alleged wrongful incidents are alleged to have occurred;

(6)

The person's office or position of employment with the county on the dates described above;

(7)

A narration of the reasons why such person believes that the request meets the criteria set forth in this ordinance and that attorney's fees and costs should be reimbursed by the county;

(8)

The names, address, and telephone number of the attorney representing such person against the counts, charges or allegations described in (d) above;

(9)

A description of the fee arrangement or agreement between the person and his or her attorney; the amount of attorney's fees and costs paid to the date of the written request and the total balance due, if any, of all attorney's fees and costs that have been incurred; and

(10)

Such other information as the board of county commissioners or the county attorney's office may deem necessary.

(e)

The board of county commissioners shall be advised of the written request within a reasonable time following receipt by the county attorney and the county attorney shall either request additional information from the applicant, continue the request to a date and time certain, or make a recommendation to the board of county commissioners for approval or denial of the request.

(f)

Upon receipt of the written request, the county attorney shall request the risk management department to determine and advise the board whether county insurance providers will indemnify the county for any attorney's fees and costs incurred by the applicant.

(g)

Notwithstanding anything to the contrary stated or implied herein, this section is not applicable to employee discipline or termination proceedings. In the event such discipline or termination proceedings occur concurrently with the issues or proceedings described herein, such discipline or termination proceedings shall not affect the application of this section to such nondiscipline or nontermination issues or proceedings.

(Ord. No. 76-10, §§ II—IV, 11-9-76; Ord. No. 95-20, § 1, 5-2-95)

Editor's note

The ordinance codified in the above section was held to be valid in Askew v. Green, Simmons, Green and Hightower, 348 So. 2d 1245 (1st Dist. Ct. App. 1977).