City vehicle.
A vehicle or mobile equipment either leased or owned by the city.
Loss.
Any 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 plan.
Plan.
The city officer and employee liability plan.
Plan member.
A person who is:
(1) 
An employee of the city;
(2) 
A member of a city board, and this term shall include a board that is not entirely, in composition, a city board, commission, or committee created by charter, ordinance or resolution of the city;
(3) 
A member of the city council; or
(4) 
A volunteer who has been approved as a volunteer by a departmental volunteer coordinator and who is working under the direction of any employee of the city.
(2000 Code, sec. 2-201)
(a) 
The city shall indemnify and defend a plan member, in accordance with the terms of this plan, 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. For purposes of this section, the term “within the scope of his office, employment or assigned volunteer work” shall not include any action which occurs during a period of time in which the officer or employee is engaged in outside employment or is rendering services to someone other than the city. Provided, however, that in the event such representation and indemnity have been denied by the city, if upon a trial on the merits the court determines that the officer or employee was acting within the scope of his official employment or within the scope of his office, employment, or assigned volunteer work, the indemnifications shall be granted and reasonable legal expenses incurred in the defense of the claim reimbursed. 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.
(b) 
A plan member whose position with the city terminates is entitled to coverage in accordance with this plan for any event that occurred while the person was a plan member.
(2000 Code, sec. 2-202)
(a) 
The city will defend any suit against a plan member who is covered under this plan even if the suit is groundless or fraudulent.
(b) 
The city may investigate, negotiate, and settle any claim or suit as it determines necessary.
(2000 Code, sec. 2-203)
(a) 
The city will pay losses covered by this plan that a plan member is legally obligated to pay, except that in cases arising under chapter 101, title S, section 101.021, Civil Practice and Remedies Code, V.T.C.A., as amended, the city will pay losses covered by this plan that a member is legally obligated to pay, up to but not exceeding the limits of liability provided by law, as amended for units of government.
(b) 
In addition to the coverage provided in subsection (a), 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 plan 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 limits of coverage;
(3) 
Reasonable expenses of the plan member incurred at the city’s request;
(4) 
Attorney fees ordered by the court to be paid by the plan member.
(2000 Code, sec. 2-204)
To be entitled to coverage under the plan a plan member must:
(1) 
Notify the city attorney’s office as soon as practicable upon receipt of written notice of a claim or lawsuit, but no later than seven (7) calendar days after receipt;
(2) 
Cooperate with the city attorney’s office and, upon request by the office of the city attorney, assist in making settlements, in the conduct of suits, and in enforcing any right or 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’s office 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 any expense with respect to a claim or lawsuit without the consent of the city.
(2000 Code, sec. 2-205)
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 and which are not barred by any statute of limitations; and
(3) 
If the plan is canceled, while the plan is in effect and which are not barred by any statute of limitations.
(2000 Code, sec. 2-206)
Coverage under the plan does not apply to a claim or lawsuit that is brought against a plan member:
(1) 
By the city;
(2) 
Arising out of 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 plan;
(6) 
If the plan member fails to comply with this plan;
(7) 
If the officer or employee or volunteer is protected and/or insured under another plan, such as a commercial insurance policy.
(2000 Code, sec. 2-207)
If payment or legal representation is provided under this plan, the city is subrogated to the plan member’s rights for 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 city attorney whatever documents are necessary to secure these rights. The plan member must not do anything after a loss to prejudice these rights.
(2000 Code, sec. 2-208)
(a) 
The city will provide legal representation for a plan member in a claim or suit in which the plan member is covered under this plan.
(b) 
If the city attorney’s office determines that there is a conflict of interest for the city attorney’s office in representing a plan member, and the plan member is otherwise entitled to coverage under this plan, the city will pay the reasonable fee of a private attorney to represent the plan member. The private attorney will be selected by mutual agreement of the plan member and the city.
(2000 Code, sec. 2-209)
If the city denies coverage to a plan member, the plan member may seek a determination of coverage by a state district court of the county. 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 fees, expenses and costs incurred in obtaining the determination of coverage.
(2000 Code, sec. 2-210)
Nothing contained in this plan shall be construed as creating a right or cause of action against a plan member nor as 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.
(2000 Code, sec. 2-211)
Should any other ordinance, resolution or policy conflict with provisions of this article, the provisions of this article shall prevail.
(2000 Code, sec. 2-213)