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)