§ 2.28.010. Indemnification of officers and employees.

A.

Except as otherwise provided in this section, any elected or appointed officer and any employee of the city who is held liable for the payment of actual damages for loss or injury caused by, or resulting from, the officer's or employee's acts within the course and scope of his or her authority or employment shall be indemnified by the city, provided the act complained of was committed in good faith and without malice. An officer or employee is not entitled to indemnity from the city for:

1.

Exemplary or punitive damages for which the officer or employee is held liable;

2.

Actual damages arising out of acts committed by the officer or employee while he or she is engaged in outside employment;

3.

Amounts paid in settlement by the officer or employee without the express prior consent of the city; or

4.

Any damages recovered by the city from the officer or employee in a suit brought by or on behalf of the city against the officer or employee for breach of a duty owed by the officer or employee to the city.

B.

It is a condition precedent to his or her right of indemnity that the officer or employee give written notice to the city within not more than ten (10) days after the date upon which process is served on the officer or employee.

C.

If a suit is filed against a city officer or employee, seeking damages for which the officer or employee is entitled to be indemnified under subsection A of this section, and if the condition precedent under subsection B of this section is satisfied, then the city has the right and the obligation to defend the officer or employee. The officer or employee may employ private counsel, at the officer's or employee's own expense, to assist in the defense. Failure of the officer or employee to fully cooperate with the city and its counsel in the defense shall constitute a waiver by the officer or employee of his or her right to indemnity from the city.

D.

Nothing in this section waives the city's defense of governmental immunity to it or its officers or employees in any action brought against the city or such officer or employee. Notwithstanding any contrary provision in this section, in an action against an officer or employee brought under the Texas Tort Claims Act, the city's liability for indemnity to the officer or employee shall not exceed the statutory liability limits.

(Prior code § 2-41)