81-04
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RESOLUTION
No. 81 - 4
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A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA, SUPPORTING THE FLORIDA
LEAGUE OF CITIES AND THE NATIONAL INSTITUTE OF
MUNICIPAL LAW OFFICERS IN THEIR EFFORTS TO
AMEND 42 U. S. C. §1983 TO MAKE THE GOOD-FAITH
DEFENSE AVAILABLE TO MUNICIPALITIES.
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WHEREAS, the United States Supreme Court, through interpretation
of 42 U. S. C. § 1983 in the Mone11, Owen and Thiboutot cases, has greatly
expanded the liability of municipalities in the area of civil rights actions; and
WHEREAS, in the space of two years that liability has gone from
immunity absolute in character to one of strict liability; and
WHEREAS, it is necessary to resolve a reat inequity created
through interpretation of the statute in order that municipalities can avail
themselves of the good-faith defense the same as officials and other
employees; and
WHEREAS, the Florida League of Cities and the National Institute
of Municipal Law Officers are supporting the attached bill which is being
submitted to Congress; and
WHEREAS, the City Commission of the City of Clearwater, Florida,
wishes to support the attached bill and also wishes to request that the State
Legislature pass a memorial to Congress requesting that they take action
on the bill during their next session;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COMMISSION OF THE CITY OF CLEARWATER, FLORIDA,
IN SESSION DULY AND REGULARLY ASSEMBLED, AS
FOLLOWS:
1. That the City Commission of the City of Clearwater, Florida,
supports and urges passage of the bill attached to this Resolution as
Exhibit 1, which bill if passed could amend 42 U. S. C. §1983 to make the
defense of good-faith available to the municipality as well as its other
officials and employees.
Resolution #81-4
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2. ' That the City Commission of the City of Clearwater requests
the Pinellas County Legislative Delegation to urge the passage of a memorial
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to Congress requesting immediate consideration of the attached bill.
3. That a copy of this Resolutions be provided to the Florida League
of Cities, the National Institute of Municipal Law Officers, the Chairperson
of the Pinellas County Legislative Delegation, Senator Lawton Chiles,
Senator Paula Hawkins, Representative C. W. Hill Young, Representative
William McCollum, and to Senator Strom Thurmond of the Senate Judiciary
Committee.
4. That this Resolution shall take effect immediately upon its
adoption.
PASSED AND ADOPTED this 8th day of January, A. D. 1981.
Mayor-Commissioner
Attest. 1
City Clerk
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