The specific ordinances providing for participation in the Texas Municipal Retirement System, as adopted by the city, are not included in this chapter, but they are hereby specifically saved from repeal and shall be maintained on file in the office of the city secretary.
(Ordinance adopting Code)
(a) 
The city will indemnify its employees for legal defense fees, expenses and costs, and damages payable by virtue of a final judgment or settlement arising from conduct or actions of the employee while within the course and scope of his/her employment and which actions were taken or performed in an objective and subjective good faith effort to perform such person’s duties according to (i) law, (ii) the policies and regulations lawfully imposed by the city, and (iii) any lawful supervisory directives given to the employee, provided that:
(1) 
The terms of any settlement are subject to the approval of the city;
(2) 
Any employee shall be entitled to retain his or her own counsel at his or her own expense.
(b) 
The city will indemnify its employees for legal defense expenses and costs associated with defense of any criminal action filed against an employee arising from conduct or actions of the employee while in the course and scope of his/her employment (but not for the alleged criminal aspect of the conduct), which actions were taken or performed in an objective and subjective good faith effort to perform the employee’s duties according to (i) law, (ii) the policies and regulations lawfully imposed by the city, and (iii) any lawful supervisory directives given to the employee. The city shall not thereby incur any liability arising from criminal prosecution and conviction.
(Ordinance 94-006 adopted 12/6/94)
(a) 
Representation by city.
(1) 
The city has the right and duty to provide legal representation through either the city attorney, or in its discretion through the selection of outside legal counsel, to any employee sued in connection with any claim for damages or other civil action arising out of the course of scope of employment, provided that such individual is entitled to indemnification as herein set forth.
(2) 
The city shall approve or reject counsel selected by the covered defendant in any criminal matter, but shall endeavor to approve the selection of the defendant if the selection is reasonable.
(b) 
Employees.
(1) 
Employees must comply in all respects with this policy in order to mature any rights to indemnity or defense expenses.
(2) 
An employee may have his or her own counsel assist in the defense at the sole expense of the individual.
(3) 
Employees shall cooperate fully with the city in preparation and presentation of the case and in the resolution of conflict of interest issues; failure to do so shall waive such individual’s right to representation and indemnity.
(c) 
Indemnification by city.
(1) 
The city shall provide indemnification to an employee found liable for the payment of any claim or damages, excluding punitive damages.
(2) 
Whether the acts were done in good faith and within the course and scope of employment shall be determined by the city, and such determination shall be final for the purpose of initial representation and indemnity; if, however, representation and indemnity have been denied by the city but upon a trial of the merits it is determined that the individual was acting in good faith and within the scope of employment, indemnification shall be granted and reasonable legal expenses incurred in the defense of the claim reimbursed.
(3) 
The city shall not be liable for any settlement of any claim or suit effected without its consent.
(4) 
The city reserves the right to assert any defense and make any settlement it deems expedient.
(Ordinance 94-006 adopted 12/6/94)
As used in this policy:
Course and scope of employment.
Shall also include legislative, governmental and judicial functions performed for the city, but shall not be construed to include the activities of contract-type agents, consultants or contractors.
Employee.
All elected and appointed officials, employees, and volunteers, including firemen and policemen, of the city.
Indemnification.
Providing security against damages, and exemption from incurred liabilities.
(Ordinance 94-006 adopted 12/6/94)
(a) 
When any employee of the city is served with process in an action, he or she shall request representation. The request shall be forwarded by the employee to the city attorney no later than the second day after service is made. Forwarding of the request does not relieve the employee of any duty or effect of the proceeding, and no right to representation at the city’s expense shall mature, nor shall any attorney-client relationship be established, until the appropriate determination has been made and the employee is notified of such determination.
(b) 
(1) 
With the advice of the city attorney, the mayor (or mayor pro tem in the event the mayor is the defendant) shall determine whether or not to initially grant indemnity under this policy and shall ascertain whether to permit outside counsel for the employee. The city attorney shall advise the mayor if a conflict or potential conflict exists. If a conflict exists (being such a juxtaposition of interest, claims, defense, or issues between the city or its employees which, under known or probable facts, would cause an ethical violation in the event of dual representation by a single attorney), the mayor shall authorize the use of outside counsel and will either (i) designate counsel for the employee, or (ii) approve the choice of the employee, if any. The mayor must approve all contracts with such counsel. The employee does not have to utilize an attorney designated by the mayor, but in utilizing his or her own attorney assumes the obligation to pay all costs, fees and expenses in the litigation.
(2) 
If only a potential conflict exists, the city attorney will so advise the mayor. The mayor shall make a determination for the city as to whether or not the city will waive the conflict and agree to accept any litigation risk resulting from dual representation of the employee and the city by the city attorney’s office or other counsel. The mayor shall determine to either (i) allow the employee to choose between outside counsel and the city attorney’s office or (ii) deny approval of outside counsel.
(3) 
Where time does not allow the completion of the conflict resolution process set forth in the foregoing paragraph, the mayor will authorize the employee to contact the designated counsel to timely file an answer or to meet other procedural deadlines. The city will pay legal expenses for any attorney for such purpose, but reserves the right to consent to or reject continuing representation by such attorney. Should the employee elect to utilize an attorney of their own selection, he or she assumes the obligation to pay all costs, fees and expenses of the litigation. The city will pay an amount not to exceed $200.00 for the employee to consult with an attorney of his or her choice on the necessity or advisability of separate representation.
(c) 
Where initial representation has been denied, no legally enforceable claim to indemnity or to defense expenses shall arise until after expiration of 45 days from the date of final judgment or final approval of settlement.
(Ordinance 94-006 adopted 12/6/94)