The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
City attorney.
The duly appointed city attorney of the City of Euless.
City vehicle.
A vehicle or mobile equipment either leased or owned by the city.
Loss.
An amount which a plan member is legally obligated to pay resulting from an act or omission of the plan member which is covered under this division.
Plan.
The city officer and employee liability plan as established by this division.
Plan member.
A person who is:
(1) 
An employee or officer of the city;
(2) 
A member of a city board, commission or committee created by Charter, ordinance or resolution of the city and a member of the board of directors of any nonprofit corporation created under the authority of the city council as an instrumentality of the city;
(3) 
A member of the city council; and
(4) 
A volunteer who has been approved as a volunteer by a departmental volunteer coordinator and who is working under the direction of an employee of the city.
(Code 1974, § 2-110)
(a) 
The city shall indemnify and defend a plan member, in accordance with the terms of this division, against a loss arising out of any claim, suit or judgment resulting from an act or omission of the plan member during the discharge of his duties and within the scope of his office, employment or assigned volunteer work with the city.
(b) 
A plan member whose position with the city terminates is entitled to coverage in accordance with this division for any event that occurred while the person was a plan member.
(Code 1974, § 2-111)
(a) 
The city will defend any suit against a plan member who is covered under this division even if the suit is groundless or fraudulent.
(b) 
The city may investigate, negotiate and settle any claim or suit as it determines necessary.
(Code 1974, § 2-112)
(a) 
The city will pay losses covered by this division that a plan member is legally obligated to pay, except that in cases arising from incidents or occurrences where the city’s liability exists by virtue of the Texas Tort Claims Act, V.T.C.A., Civil Practice and Remedies Code § 101.001 et seq., whether or not the city is a party defendant, the city will pay those losses covered by this division that a plan member is legally obligated to pay up to, but not exceeding, the limits of liability provided by such act, as amended, for units of local government.
(b) 
In addition to the coverage provided in subsection (a) of this section, the city will pay:
(1) 
The city’s expenses in investigating and defending the claim or lawsuit;
(2) 
Costs taxed against a plan member in a suit covered by this division and interest that accrues after entry of judgment before the city has deposited payment with the court on that part of the judgment which does not exceed the limits of coverage;
(3) 
Reasonable expenses of the plan member incurred at the city’s request; and
(4) 
Attorney’s fees ordered by the court to be paid by the plan member, if any.
(c) 
To be entitled to coverage under the plan a plan member must:
(1) 
Notify the city attorney in writing as soon as practicable upon receipt of written notice of a claim or lawsuit, but no later than five working days after receipt, unless the city attorney determines that a later notice did not prejudice or harm the city’s defense or other handling of such claim;
(2) 
Cooperate with the city attorney or his designate and, upon the request of the city attorney or his designate, assist in making settlements, in the conduct of suits, and in enforcing any right of contribution or indemnity against a person or organization who may be liable to the city because of injury or damage covered under the plan;
(3) 
Attend hearings and trials and assist in securing and giving evidence and obtaining the attendance of witnesses;
(4) 
Not, except upon advice of the city attorney or his designate, 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; and
(5) 
Not, except at his own cost, voluntarily make any payment, assume any obligation, or incur an expense with respect to a claim or lawsuit without the consent of the city attorney or his designate.
(Code 1974, § 2-113)
This plan covers only acts or omissions occurring or alleged to have occurred:
(1) 
While the plan is in effect;
(2) 
Before the plan was in effect (above any insurance coverage in effect) and which are not barred by any statute of limitations; and
(3) 
If the plan is cancelled, while the plan is in effect and which are not barred by any statute of limitations.
(Code 1974, § 2-114)
Coverage under this division does not apply to a claim or lawsuit that is brought against a plan member:
(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 plan member, or any claim arising out of acts of fraud committed by or at the direction of the plan member with intent to deceive or defraud.
(3) 
Arising either while the plan member is operating a city vehicle with no authority to operate the vehicle, or while the plan member is operating a city vehicle in the course of personal or private business.
(4) 
For liability assumed by the plan member under a contract, unless the contract is entered into at the request of the city.
(5) 
If the plan member joins or attempts to join with the suit against the plan member a claim against the city for benefits under this division.
(6) 
If the plan member fails to comply with section 2-284.
(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 § 102.001(c) and (d).
(Code 1974, § 2-115)
If the payment or legal representation is provided under this division, the city is subrogated to the plan member’s rights of recovery against any person or organization to the extent of the city’s liability and payments, and the plan member must execute and deliver to the claims board whatever documents are necessary to secure those rights in the sole opinion of the city attorney. The plan member must not do anything after a loss to prejudice those rights.
(Code 1974, § 2-116)
(a) 
The city will provide legal representation for a plan member upon a claim or suit in which the plan member is covered under this division.
(b) 
If the city attorney determines that there exists a conflict of interest for the city attorney to represent a plan member, and the plan member is otherwise entitled to coverage under this division, the city will pay the reasonable fee of a private attorney to represent the plan member. The private attorney will be selected by the city attorney.
(Code 1974, § 2-117)
If the city denies coverage to a plan member, the plan member may seek a determination of coverage by a court of proper jurisdiction. If the court rules in favor of the plan member, the city shall provide the plan member all benefits under the plan and shall reimburse the plan member for reasonable attorney’s fees, expenses and costs incurred in obtaining the determination of coverage.
(Code 1974, § 2-118)
Nothing contained in this plan shall be construed as creating a right or cause of action against a plan member nor giving a right to a third party to institute or maintain a suit which would not otherwise exist under law as a legal claim against a plan member.
(Code 1974, § 2-119)