The city council hereby adopts the personnel policies manual
dated March 1990, as the official policy of the city with regard to
personnel administration. A copy of the personnel policies manual
has not been included in this Code of Ordinances, but is available
in the office of the city secretary.
[Code 1984, ch. 8, § 11]
The travel policy which outlines policy and procedures concerning
travel for the city is adopted by reference. Personnel authorized
to travel at city expense are employees, elected officials, members
of boards and commissions and, when appropriate, spouses. The travel
policy is on file in the city offices.
[Code 1984, ch. 8, § 12]
The following words, terms and phrases, when used in this division,
shall have the meanings as ascribed to them in this subsection, except
where the context clearly indicates a different meaning:
means the duly appointed city attorney of the city.
means a vehicle or mobile equipment either leased or owned
by the city.
means 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 section.
means the city officer and employee liability plan as established
by this section.
means a person who is:
An employee or officer of the city;
A member of a city board, commission or committee created by
Charter, ordinance or resolution of the city or a member of the board
of directors of any nonprofit corporation created under the authority
of the city council as an instrumentality of the city;
A member of the city council; and
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.
[Ord. No. 814-97, § I(26(A)), 2-25-1997]
(a)
The city
shall indemnify and defend a plan member, in accordance with the terms
of this division, 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.
(b)
A plan
member whose position with the city terminates is entitled to coverage
in accordance with this division for any event that occurred while
the person was a plan member.
[Ord. No. 814-97, § I(26(B)), 2-25-1997]
(a)
The city
will defend any suit against a plan member who is covered under this
division even if the suit is groundless or fraudulent.
(b)
The city
may investigate, negotiate and settle any claim or suit as it determines
necessary.
[Ord. No. 814-97, § I(26(C)), 2-25-1997]
(1)
The city
will pay losses covered by this division 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 Texas Tort Claims
Act, V.T.C.A., Civil Practice and Remedies Code § 101.001 et
seq., whether or not the city is a party defendant, the city will
pay those losses covered by this section that a plan member is legally
obligated to pay up to, but not exceeding, the limits of liability
provided by such act, as amended, for units of local government.
(2)
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 section 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, if any.
(3)
To be
entitled to coverage under this plan a plan member must:
(1)
Notify
the city attorney in writing as soon as practicable upon receipt of
written notice of a claim or lawsuit, but no later than five working
days after receipt, unless the city attorney determines that a later
notice did not prejudice or harm the city's defense or other handling
of such claim;
(2)
Cooperate
with the city attorney or his designate and, upon the request of the
city attorney or his designate, 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;
(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 or his designate, 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 an expense with respect to a claim or lawsuit without the
consent of the city attorney or his designate.
[Ord. No. 814-97, § I(26(D)), 2-25-1997]
This plan covers only acts or omissions occurring or alleged
to have occurred:
(a)
While
the plan is in effect;
(b)
Before
the plan was in effect (above any applicable insurance coverage) and
which are not barred by any statute of limitations; and
(c)
If the
plan is cancelled, while the plan is in effect and which are not barred
by any statute of limitations.
[Ord. No. 814-97, § I(26(E)), 2-25-1997]
Coverage under this division does not apply to a claim or lawsuit
that is brought against the 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 division.
(7)
For punitive
damages, where such damages are not recoverable in law or against
the city.
(8)
For damages
expressly excluded under V.T.C.A., Civil Practice and Remedies Code
§ 102.002(c) and (d).
[Ord. No. 814-97, § I(26(F)), 2-25-1997]
If payment or legal representation is provided under this division,
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
whatever documents are necessary, in the sole opinion of the city
attorney, to secure those rights. The plan member must not do anything
after a loss to prejudice those rights.
[Ord. No. 814-97, § I(26(G)), 2-25-1997]
(a)
The city
will provide legal representation for a plan member upon a claim or
suit for which the plan member is covered under this division.
(b)
if the
city attorney determines that there exists a conflict of interest
for the city attorney to represent a plan member, and the plan member
is otherwise entitled to coverage under this division, the city will
pay the reasonable fee of a private attorney to represent the plan
member. The private attorney will be selected by the city attorney.
[Ord. No. 814-97, § I(26(H)), 2-25-1997]
If the city denies coverage to a plan member, the plan member
may seek a determination of coverage by a court of proper jurisdiction.
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's fees, expenses and costs incurred
in obtaining the determination of coverage.
[Ord. No. 814-97, § I(26(I)), 2-25-1997]
Nothing contained in this plan shall be construed as creating
a right or cause of action against a plan member nor 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.
[Ord. No. 814-97, § I(26(J)), 2-25-1997]
