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 Pearland
 Code of Ordinances
 Chapter 2. ADMINISTRATION
 Article I. IN GENERAL

  § 2-3. Indemnification and legal defense re city officers and employees.  

Latest version.

  • (a)

    Indemnification:

    (1)

    The city shall indemnify and provide the legal defense for any elected or appointed officer or employee who is named as a defendant in any lawsuit or other legal proceeding predicated upon any act or omission arising out of the good faith performance of his duties while acting within the course and scope of his employment with the City of Pearland, Texas, regardless of whether that person is named as a defendant in his official capacity, his individual capacity, or both. Provided, however, the city council shall determine and make findings relating to whether such officer or employee was engaged in the good faith performance of his duties and acting within the course and scope of his employment at the time of the act(s) or omission(s) in question, and shall not indemnify or provide the legal defense for any officer or employee found not to have been so acting.

    (2)

    Any officer or employee for whom legal defense is offered and/or provided by the city pursuant to this section who employs other counsel shall do so at his sole cost and expense, and such cost and expense shall not be reimbursed by the city. Provided further, that it is the intent of the city council to have final decision-making authority in the choice of counsel to provide legal defense as set forth herein.

    (b)

    Payment of judgments. If a final judgment is entered against an officer or employee who has been found by the city council, pursuant to subsection (a) hereof, to have acted in good faith and within the course and scope of his employment, the city shall pay the monetary amount of such final judgment just as if the same had been entered against the city.

    (c)

    Exceptions. The provisions of this section shall not apply to acts personal to the officer or employee nor to those acts in which the city has an adverse interest.

(Ord. No. 485, §§ 1—3, 2-25-85)

Editor's note

Ord. No. 485, §§ 1—3, adopted Feb. 25, 1985, did not specifically amend the Code, but has been included herein as § 2-3 by the editor.