City employee.
Any person employed by the city, with the exception of the city manager, city secretary, and city attorney.
City official.
Unless otherwise expressly defined, means all elected officials or any person appointed by city council, the city attorney, judges of the municipal courts (including substitute judges), the city manager, the city secretary, and members of any committee, commission or board established by the city charter.
Volunteer.
An individual who provides services to the city without expectation or receipt of compensation or financial gain and who has completed a formal application and/or approval process. For the purpose of this division, volunteer includes, but is not limited to, individuals in established volunteer positions, such as firefighters or reserve police officers.
(1999 Code, sec. 2-56)
Any official, employee, or volunteer who is found and finally adjudged to be liable for the payment of any claim for damages arising out of the course and scope of employment with the city shall be entitled to be indemnified for such damages to the extent permitted by law, together with any reasonable and necessary legal expenses incurred by such official or employee in defending such claim, provided that the acts or omissions resulting in such liability were done in good faith and without malicious or felonious intent. For the purpose of this section, the term "arising out of the course and scope of employment" shall not include any action which occurs during a period of time in which the official, employee, or volunteer is engaged in outside employment or is rendering contractual services to someone other than the city. Whether the acts were done in good faith without malicious or felonious intent and within the course and scope of employment shall be determined by resolution of the city council, and such determination shall be final for the purposes of the representation and indemnity of this division; provided, however, that in the event such representation and indemnity have been denied by the city, and upon a trial on the merits it is determined that the official, employee, or volunteer was acting in good faith without malicious or felonious intent and within the scope of employment, the indemnification hereunder shall be granted and reasonable legal expenses incurred in the defense of the claim reimbursed. This indemnity shall in no event apply to or cover punitive or exemplary damages where such damages are not recoverable in law or against the city. Further, the city shall not be liable for any settlement of any such claim or suit effected without its consent, and the city reserves the right to assert any defense and make any settlement of any claim or suit that it deems expedient.
(1999 Code, sec. 2-57)
The city shall have the right and duty to provide legal representation through the city attorney or, in its discretion, through the selection of outside legal counsel to any official, employee, or volunteer sued in connection with any claim for damages, other civil action or alleged violation of civil rights with criminal sanctions against such person arising out of the course and scope of employment, provided that such official, employee, or volunteer may be entitled to indemnification as set forth in this division. Such legal representation shall be provided at no cost to the official, employee, or volunteer, and any official, employee, or volunteer may have his own counsel assist in the defense at the sole expense of the official, employee, or volunteer. The official, employee, or volunteer shall cooperate fully with the city in preparation and presentation of the case, and the failure to cooperate shall waive such official's, employee's, or volunteer's right to representation and indemnity under this division. To be entitled to coverage under this division, an official, employee, or volunteer must not, except upon advice of the city attorney or when questioned by a police officer at the scene of an accident, give any oral or written statement or enter into any stipulation or agreement concerning a claim or lawsuit. Additionally, one must not, except at his own cost, voluntarily make any payment, assume any obligation or incur any expense with respect to a claim or lawsuit without the consent of the city.
(1999 Code, sec. 2-58)
The city will defend any suit against an official, employee, or volunteer who is covered under this division, even if the suit is groundless or fraudulent. Additionally, the city may investigate, negotiate and settle any claim or suit as it determines necessary. Nothing in this section shall be construed as waiving the city's defense of governmental immunity to it or its employees, officials, or volunteers in any action brought against the city or such official, employee, or volunteer. For any suit or claim arising under the Texas Tort Claims Act (V.T.C.A., Civil Practice and Remedies Code ch. 101), the indemnity provided by this division shall be limited to the statutory limits applicable to the city provided in said act, as amended.
(1999 Code, sec. 2-59)
The provisions of this division shall apply only where the city has been given notice of the action brought against any city official, employee, or volunteer as soon as practicable, but no later than five days after service of process upon the official, employee, or volunteer.
(1999 Code, sec. 2-60)
Nothing in this division shall prevent the city from taking disciplinary action against any official, employee, or volunteer for conduct defended or indemnified by the city under this division, either before or after conclusion of the civil suit.
(1999 Code, sec. 2-61)
Nothing in this division shall require the city to indemnify any official, employee, or volunteer for recoveries made against him in suits by or on behalf of the city. The city council may, however, authorize the city attorney to represent any official, employee, or volunteer in a suit brought by a taxpayer in behalf of the city against the official, employee, or volunteer.
(1999 Code, sec. 2-62)
Coverage under this plan does not apply to a claim or lawsuit that is brought against an official, employee, or volunteer:
(1) 
By the city;
(2) 
Arising out of the intentional or knowing violation of a penal statute or ordinance committed by or with the knowledge or consent of the official, employee, or volunteer, or any claim arising out of acts of fraud committed by or at the direction of the official, employee, or volunteer with intent to deceive or defraud;
(3) 
Arising either while the official, employee, or volunteer is operating a city vehicle with no authority to operate the vehicle or while the official, employee, or volunteer is operating a city vehicle in the course of personal or private business;
(4) 
For liability assumed by the official, employee, or volunteer under a contract, unless the contract is entered into at the request of the city;
(5) 
If the official, employee, or volunteer joins or attempts to join with the suit against the city for benefits under this plan;
(6) 
If the official, employee, or volunteer fails to comply with any section of this division;
(7) 
For punitive damages, where such damages are not recoverable in law or against the city;
(8) 
For damages expressly excluded under V.T.C.A., Civil Practice and Remedies Code section 102.002(c).
(1999 Code, sec. 2-63)