(a) This article shall not apply to:
(1) Claims or lawsuits brought by the city against a plan member;
(2) Claims or lawsuits for official misconduct;
(3) Acts or omissions constituting gross negligence, criminal negligence or recklessness;
(4) Damages arising out of a willful violation of a penal statute or ordinance committed by or with the knowledge or consent of the plan member;
(5) Damages arising out of acts committed by or at the direction of the plan member with affirmative dishonesty, or actual intent to injure, deceive or defraud;
(6) Any act or omission committed by a plan member while the plan member is operating a city vehicle without permission or authority;
(7) Liability assumed by the plan member under a contract or agreement, unless the contract or agreement has been entered into with the consent or at the request of the city;
(8) Any obligation for which the city may be liable under the Texas Workers’ Compensation
Act, being Tex. Labor Code, Title 5, unemployment compensation laws or any similar law;
(9) Any act or omission which occurs during a period of time in which the plan member is engaged in outside employment or is rendering contractual services to someone other than the city;
(10) Any claim or lawsuit alleging violations of constitutional rights, civil rights or federal law;
(11) Any plan member who is already covered by an insurance contract or other plan of self-insurance authorized by statute for acts or omissions occurring while in the scope of employment, up to the limits of said insurance contract or plan.
(b) Nothing in this section shall prohibit the city, in its discretion, on a case by case basis, from providing legal representation and paying damages, court costs and attorney's fees that a plan member is legally obligated to pay in any claim or lawsuit, to the extent and in the amount provided for by the plan, unless otherwise prohibited by state law.
(Ord. 9943, § 1, passed 9-1-1987; Ord. 10780, § 1, passed 2-5-1991; Ord. 14577, § 3, passed 4-4-2001; Ord. 17652, § 2, passed 7-17-2007; Ord. 22767-06-2017, § 5, passed 6-20-2017)