For the purposes of this article:
ACTUAL DAMAGES. Compensatory damages only and interest, if any, which has accrued thereon but does not include punitive or exemplary damages, fines or penalties.
AUTHORIZED OFF-DUTY OPERATION. Operation of a city vehicle by a plan member in accordance with department policy while not in the scope of employment for the purpose of:
(1) Commuting to and from work and home; or
(2) Commuting to and from the work place and an off-site parking facility.
CITY. The City of Fort Worth, Texas.
CITY ATTORNEY. The city attorney of the City of Fort Worth, Texas, or any of his or her assistants.
CITY VEHICLE. A motor vehicle leased or owned by the City of Fort Worth.
COMMUTING. Direct travel in a city vehicle to or from the worksite(s) of a plan member, including to or from an off-site parking facility including returns to the worksite(s) outside of the plan member's normal work hours. Commuting is not in the scope of employment.
OFF-SITE PARKING FACILITY. City facilities and other locations along the plan member's reasonable commute route to and from the worksite(s) that are determined to be adequately secure by the authorizing department and are approved for the purpose of parking a city vehicle during non-work hours. Selection of an off-site parking facility is made based in part on the convenience of the facility to an individual plan member. Travel between an off-site parking facility and a plan member's worksite(s) is not in the scope of employment.
PLAN. The Personal Liability and Indemnity Plan defined and governed by this article.
PLAN MEMBER.
(1) Any employee, volunteer or elected or appointed officer of the city, any former employee, volunteer or officer of the city, or the estate of an employee, volunteer or officer or former employee, volunteer or officer; and
(2) Any member or former member of a city board, commission or committee created by Charter, ordinance or resolution of the city, or the estate of said member.
REMOTE PARKING FACILITY. A city facility or other approved location at which a plan member is directed to park a city vehicle due to limitations at the primary site or for the operational convenience of the city. Selection of a remote parking facility is made without regard to the convenience of the facility to an individual plan member. Travel between a remote parking facility and a plan member's worksite(s) is in the scope of employment.
SCOPE OF EMPLOYMENT. Has the same meaning as set out in the Texas Tort Claims Act, being Tex. Civ. Practice and Remedies Code, Chapter 101, as it may be amended from time to time.
VOLUNTEER. Only a person who has been approved as a volunteer by the city and who is working under the direction and supervision of an employee or officer of the city.
(Ord. 9943, § 1, passed 9-1-1987; Ord. 14577, § 1, passed 4-4-2001; Ord. 22767-06-2017, § 1, passed 6-20-2017)