OR 95-686 Legal defense & indemnification of city officers & employees AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 95686
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING CHAPTER I OF THE CODE OF ORDINANCES OF THE
CITY OF COPPELL, TEXAS, TO ADD ARTICLE 1-12, PROVIDING FOR
THE LEGAL DEFENSE AND INDEMNIFICATION OF CITY OFFICERS
AND EMPLOYEES; PROVIDING A REPEALING CLAUSE; PROVIDING
A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Coppell, Texas, upon full consideration of
the matter, has determined the desirability and necessity of providing for the legal defense and
indemnification of City officers and employees.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1.
That the Code of Ordinances of the City of Coppell, Texas, be, and the same is hereby,
amended by amending Chapter 1, in part, to add Article 1-12 to read as follows:
"ARTICLE 1-12 DEFENSE AND INDEMNIFICATION OF OFFICERS AND
EMPLOYEES
A. NEED FOR INDEMNIFICATION
A necessity exists for the City's provision of legal defense and indemnification of
City officers and employees.
B. DEFINITIONS
For purposes of this section, the term "officer" shall include a member of the City
Council and any member of a City board or commission appointed by the City
Council or any person appointed to a City position by the City Council.
Employee means a person employed and paid a salary by the City, including
individuals on a part-time basis, but does not include an independent contractor.
C. INDEMNIFICATION
Any officer or employee who is found and finally adjudged to be liable for the
payment of any claim for damages arising out of the course and scope of
employment with the City shall be entitled to be indemnified for such damages
to the extent permitted by law, together with any reasonable and necessary legal
expenses incurred by such officer or employee in defending such claim, 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 Council, and such determination shall be final for the
purposes of the representation and indemnity of this section; provided, however,
that in the event such representation and indemnity have been denied by the City,
upon a trial on the merits it is determined 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 claim reimbursed.
This indemnity shall in no event apply to or cover punitive or exemplary damages
where such damages are not recoverable in law or against the City. Further, 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.
D. REPRESENTATION 1N ACTIONS
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, other
civil action, or alleged violation of civil rights with criminal sanctions, against
such person arising out of the course and scope of employment, provided that such
officer or employee may be 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 his or her 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 shall waive such officer's or employee's right to
representation and indemnity under this section.
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E. CITY'S DEFENSES
Nothing in this section 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, the indemnity provided by this section shall be limited
to the statutory limits applicable to the City provided in said Act, as amended.
F. NOTICE
The provisions of this section shall apply only where the City has been given
notice of the action brought against any City officer or employee within ten (10)
days of service of process upon the officer or employee.
G. DISCIPLINARY ACTIONS
Nothing in this section 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.
H. SUITS IN BEHALF OF THE CITY
Nothing in this section shall require the City to indemnify any officer or employee
for recoveries made against him or her 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."
SECTION 2. That all provisions of the Code of Ordinances of the City of Coppell,
Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed,
and all other provisions not in conflict with the provisions of this ordinance shall remain in full
force and effect.
SECTION 3. That should any word, phrase, paragraph, section or portion of this
ordinance or of the Code of Ordinances, as amended hereby, be held to be void or
unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance
or of the Code of Ordinances, as amended hereby, which shall remain in full force and effect.
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SECTION 4. That this ordinance shall become effective from and after its passage as the
law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the .-!"/__ day
of C) (c,,,,,~,
. ~. x: 1995.
APPROVED:
TOM MORTON, MAYOR
ATTEST:
APPROVED AS TO FORM:
pEC~ER%M~iT~ORNEy -
(PGS/ct 1-04-95)
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