Title 12174 · Code of Ordinances

Sec. 108.507. - Representation of City Officials and employees in civil and criminal matters or investigations.

Citation: Jacksonville, FL Code of Ordinances § 108.507.

Section: 108.507.

(a) The Office of General Counsel is authorized, without the necessity of Council approval, to represent elected and appointed officials and employees of the City (herein referred to collectively as "Official") in civil or criminal actions or investigations filed in any State or federal court if it determines that the civil or criminal action or investigation is based upon an act or omission of the official done by him or her or his or her authorized deputy or agent while performing an official duty of his or her office, whether or not this official capacity is alleged in the complaint. For purposes of this Section, the term "civil or criminal action or investigation" includes administrative proceedings and investigations and the term "State or federal courts" includes an administrative tribunal. However, nothing in this Section authorizes the Office of General Counsel to provide representation in a filed criminal matter on behalf of an accused who has been indicted or otherwise formally charged with a crime. (b) An Official who has a common law right to retain outside legal counsel to represent him or her in a civil or criminal action or investigation based upon an act or omission of the Official done by him or her in their official employment or official duty of his or her office and intends to seek reimbursement of the reasonable attorney's fees associated with retaining outside legal counsel shall provide notification to the Office of General Counsel in accordance with the Office of General Counsel Policy #14, dated November 1, 2020, as may be amended from time to time. "Reasonable attorney's fees" as used herein shall mean the fees earned by an attorney licensed to practice law in the State of Florida while based on the customary per hour rate charged within the City of Jacksonville for similar work, but in no event to exceed $400 per hour. Reimbursement of attorney's fees by the City in an amount in excess of the reasonable attorney's fees herein must be submitted to Council for approval through legislation. (Ord. 84-261-98, § 1; Ord. 2020-528-E , § 1)