Every officer, employee or agent of the city, while responding
to or engaging in emergency situations, is hereby authorized to act
in such manner as to most effectively deal with the emergency in order
to prevent injury or damage to persons or property or to prevent violations
of the law or to apprehend persons that the officer or employee has
reasonable cause to believe have violated the criminal laws of the
city, state or federal government. The exception for emergency actions
as provided by V.T.C.A., Civil Practice and Remedies Code, section
101.055 is hereby claimed for all purposes in emergency situations.
This provision shall prevail over any other ordinance or any other
law establishing a standard of care that may conflict with this section.
Neither the city nor its agent, officer, or employee shall be liable
for failure to use ordinary care in an emergency situation.
(1987 Code, ch. 1, sec. 13; 2004
Code, sec. 9.1001)
The council hereby provides for the indemnification and defense
of the officers and employees of the city, including members of the
council, or any board, commission, or committee, including volunteers,
against any loss, cost, or expense, including court costs and attorneys’
fees, to the extent allowed by law, arising out of any claim, suit,
or judgment, or settlement thereof, resulting from any alleged negligent
act or omission of such officer, employee, member, or volunteer during
the discharge of his or her duties and within the scope of his or
her office, employment, membership, or assigned voluntary position
with the city, or in any other case where the city is directed or
authorized by law to do so; provided, however, that such indemnification
will not be provided for any act arising out of the intentional or
knowing violation of any penal statute or ordinance arising out of
any conduct determined by final judgment to be an act of fraud or
to have been taken with the intent to deceive or defraud, or for any
personal or private business of such officer, employee, member or
volunteer, or for the gross negligence or official misconduct or willful
or wrongful act or omission of such officer, employee, member or volunteer.
(Ordinance 995 adopted 2/12/13; 2004 Code, sec. 9.1002)
