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 Santa Fe
 Code of Ordinances
 Chapter 7. PERSONNEL

  § 8. LEGAL DEFENSE AND INDEMNIFICATION OF CITY OFFICERS AND EMPLOYEES  

Latest version.

  • A.

    DEFINITIONS

    For purposes of this Section, the term "officer" shall include any elected or appointed official of the city, and the term "employee" shall include all employees of the city, whether under civil service or not, including firemen and policemen.

    (1) The City Manager is hereby directed to notify the Board of Trustees of the Texas Municipal Retirement System that the City has elected to participate and have the employees of the City covered in said System.

    B.

    INDEMNIFICATION

    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 in the event 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 claim reimbursed. 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. Payments under this section may not exceed one hundred thousand dollars ($100,000.00) to any one (1) person or three hundred thousand dollars ($300,000.00) for any single occurrence in the case of personal injury or death or ten thousand dollars ($10,000.00) for a single occurrence of property damage.

    C.

    REPRESENTATION IN ACTION

    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 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.

    D.

    CITY'S DEFENSE

    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.

    E.

    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.

    F.

    DISCIPLINARY ACTION

    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.

    G.

    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.

(Ordinance No. 03-90 of February 8, 1990)