(a) Coverage under this plan does not apply to a claim or lawsuit that is brought against a plan member:
(1) by the city;
(2) arising out of the intentional, knowing, or criminally negligent 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 out of the gross negligence of the plan member, except that the city will defend the plan member in accordance with Section 31A-6(a) of this chapter;
(4) arising out of affirmative dishonesty or actual intent to injure by the plan member;
(5) arising while the plan member is operating a city vehicle with no authority to operate the vehicle;
(6) arising while the plan member is operating a city vehicle in the course of personal or private business, unless the operation of the vehicle is pursuant to the general orders or the applicable standard operating procedure of the police department;
(7) for liability assumed by the plan member under a contract, unless the contract is entered into at the request of the city;
(8) 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 plan; or
(9) if the plan member fails to comply with Section 31A-8 of this plan.
(b) The city council may waive the exclusion for gross negligence set forth in Subsection (a)(3) of this section if the city council determines that circumstances justify the waiver. (Ord. Nos. 18575; 19884; 20454)