For the purpose of this article, the following definitions shall apply, unless the context clearly indicates or requires a different meaning:
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 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, 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 an employee of the city.
(Ordinance 91-542 adopted 7/9/91; 1994 Code, sec. 31.75)
(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 or her duties and within the scope of his or her 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 plan for any event that occurred while the person was a plan member.
(Ordinance 91-542 adopted 7/9/91; 1994 Code, sec. 31.76)
(a) 
The city will pay losses covered by this plan 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 state Tort Claims Act, Texas Civil Practice and Remedies Code, section 101.001 et seq., whether or not the city is a party defendant, the city will pay those losses covered by this plan that a plan member is legally obligated to pay up to but not exceeding the limits of liability provided by that 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 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 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.
(Ordinance 91-542 adopted 7/9/91; 1994 Code, sec. 31.77)
(a) 
To be entitled to coverage under the plan, a plan member must:
(1) 
Notify the city attorney as soon as practicable upon receipt of written notice of a claim or lawsuit, but no later than three working days after receipt;
(2) 
Cooperate with the city attorney and, upon the city attorney’s request, 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; and
(3) 
Attend hearings and trials and assist in securing and giving evidence and obtaining the attendance of witnesses.
(b) 
To be entitled to coverage under the plan, a plan member must not:
(1) 
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; and
(2) 
Except at his or her 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.
(Ordinance 91-542 adopted 7/9/91; 1994 Code, sec. 31.78)
(a) 
Plan period.
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.
(b) 
Exclusions.
Coverage under this plan 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 plan; or
(6) 
If the plan member fails to comply with section 2.06.004 of this plan.
(Ordinance 91-542 adopted 7/9/91; 1994 Code, sec. 31.79)
The city will defend any suit against a plan member who is covered under this plan even if the suit is groundless or fraudulent. The city may investigate, negotiate, and settle any claim or suit as it determines necessary.
(Ordinance 91-542 adopted 7/9/91; 1994 Code, sec. 31.80)
If payment or legal representation is provided under this plan, 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 city attorney whatever documents are necessary to secure those rights. The plan member must not do anything after a loss to prejudice those rights.
(Ordinance 91-542 adopted 7/9/91; 1994 Code, sec. 31.81)
(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 determines that there is a conflict of interest for the city attorney 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 attorney.
(Ordinance 91-542 adopted 7/9/91; 1994 Code, sec. 31.82)
If the city denies coverage to a plan member, the plan member may seek a determination of coverage by a court of proper jurisdiction in 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.
(Ordinance 91-542 adopted 7/9/91; 1994 Code, sec. 31.83)
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.
(Ordinance 91-542 adopted 12/17/91; 1994 Code, sec. 31.84)