The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Includes all employees of the city, including regular and
reserve police officers.
Includes any elected or appointed official of the city.
(1996 Code, sec. 2-116)
Any officer or employee who is liable for the payment of any
claims or damages, excluding punitive damages, arising out of the
course and scope of employment shall be entitled to indemnification
by the city, provided that the acts or omissions resulting in such
liability were done in good faith and without malicious or felonious
intent. For the purposes of this section, the term “arising
out of the course and scope of employment” 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 contractual
services to someone other than the city. Whether the acts were done
in good faith, without malicious or felonious intent, and within the
course and scope of employment shall be determined by the city, and
such determination shall be final for the purposes of the representation
and indemnity of this section; provided, however, that if such representation
and indemnity have been denied by the city, if, upon a trial on the
merits, the city determines that the officer or employee was acting
in good faith, without malicious or felonious intent and within the
scope of employment, the indemnification hereunder shall be granted
and reasonable legal expenses incurred in the defense of the claims
reimbursed. The city shall not be liable for any settlement of any
such claim or suit affected 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. Payments under this section may not
exceed $100,000.00 to any one person, or $300,000.00 for any single
occurrence in the case of personal injury or death, or $10,000.00
for a single occurrence of property damage.
(1996 Code, sec. 2-117)
The city shall have the right and duty to provide legal representation
through the city attorney, or in its discretion through the selection
of outside legal counsel, to any officer or employee sued in connection
with any claim for damages or other civil action against such person
arising out of the course and scope of employment, provided that such
officer or employee is entitled to indemnification as set forth in
this section. Such legal representation shall be provided at no cost
to the officer or employee, and any officer or employee may have their
own counsel assist in the defense at the sole expense of the officer
or employee. The officer or employee shall cooperate fully with the
city in preparation and presentation of the case, and the failure
to cooperate fully shall waive such officer’s or employee’s
right to representation and indemnity under this section.
(1996 Code, sec. 2-118)
Nothing in this article shall be construed as waiving the city’s
defense of governmental immunity to it or its employees or officers
in any action brought against the city or such officer or employee.
For any suit or claim arising under the Texas Tort Claims Act (V.T.C.A.,
Civil Practice and Remedies Code chapter 101), the indemnity provided
by this section shall be limited to the statutory limits applicable
to the city provided in such act, as amended.
(1996 Code, sec. 2-119)
The provisions of this article shall apply only where the city
has been given notice of the action brought against any city officer
or employee within ten days of service of process upon the officer
or employee.
(1996 Code, sec. 2-120)
Nothing in this article shall prevent the city from taking disciplinary
action against any officer or employee for conduct defended or indemnified
by the city under this section, either before or after conclusion
of the civil suit.
(1996 Code, sec. 2-121)
Nothing in this article shall require the city to indemnify
any officer or employee for recoveries made against them in suits
by or on behalf of the city. The city council may, however, authorize
the city attorney to represent any officer or employee in a suit brought
by a taxpayer in behalf of the city against the officer or employee.
(1996 Code, sec. 2-122)
