PERSONAL LIABILITY INDEMNITY PLAN

Fort Worth City Code ch. 2, art. IX

in effect

Fort Worth City Code § 2-290 DEFINITIONS.

§ 2-290 DEFINITIONS. 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)

Fort Worth City Code § 2-291 COVERAGE.

§ 2-291 COVERAGE. (a) The city shall pay the actual damages, in accordance with and as limited by the terms of the plan that a plan member is legally obligated to pay arising from any claim, lawsuit or judgment against a plan member, whether or not the city is a party defendant, if said damages: (1) (a) Result from an act or omission of the plan member while in the scope of his or her employment with the city or during assigned volunteer work with the city; or (b) Relate to authorized off-duty operation of a city vehicle for which coverage is provided under § 2-299; and For the purpose of this section, travel between a worksite and an assigned remote parking facility is in the scope of employment. (2) Arise from a cause of action for negligence. (b) This section shall apply only to acts or omissions occurring or alleged to have occurred after the effective date of this article and to acts or omissions occurring or alleged to have occurred prior to the effective date of this article which are not barred by any statute of limitations. This section shall not apply to any lawsuit pending on the effective date of this article. (Ord. 9943, § 1, passed 9-1-1987; Ord. 14577, § 2, passed 4-4-2001; Ord. 22767-06-2017, § 2, passed 6-20-2017)

Fort Worth City Code § 2-292 COOPERATION OF PLAN MEMBER REQUIRED.

§ 2-292 COOPERATION OF PLAN MEMBER REQUIRED. (a) To be entitled to coverage, a plan member must: (1) Notify risk management within five days after receipt of any written notice of claim; (2) No later than five days after receipt of a lawsuit, notify the city attorney and request in writing legal representation by the city attorney; (3) Assist and cooperate with the city and its authorized representatives in the investigation of such claim or lawsuit; (4) Assist and cooperate in the defense of the lawsuit, including attending hearings, depositions, and trials; securing and giving evidence; and cooperating in enforcing any right of contribution or indemnity; (5) Not give any oral or written statement concerning a lawsuit or claim, except upon the advice of the city attorney or a representative from the risk management division of finance or when questioned by a police office at the scene of an accident; and (6) Not voluntarily make any payment, assume or admit any liability, settle or agree to settle any claim or lawsuit, incur any expense or assume any obligation with respect to a claim or lawsuit, except upon advice and consent of the city attorney or risk management. (b) The failure or refusal of a plan member to comply with any of the above requirements may be grounds for denial of coverage or legal representation under this article. (Ord. 9943, § 1, passed 9-1-1987; Ord. 14934, § 3, passed 1-22-2002; Ord. 22767-06-2017, § 3, passed 6-20-2017)

Fort Worth City Code § 2-293 LIMITS OF COVERAGE.

§ 2-293 LIMITS OF COVERAGE. Except as provided by § 2-299 related to City Vehicle Coverage, the city will pay the actual damages that a plan member is legally obligated to pay for any claim, lawsuit or judgment covered by this article, provided that payments under this article by the city will not exceed $100,000 per occurrence. (Ord. 9943, § 1, passed 9-1-1987; Ord. 17652, § 1, passed 7-17-2007; Ord. 22767-06-2017, § 4, passed 6-20- 2017)

Fort Worth City Code § 2-294 EXCLUSIONS.

§ 2-294 EXCLUSIONS. (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)

Fort Worth City Code § 2-295 SUBROGATION.

§ 2-295 SUBROGATION. The city shall be subrogated to the plan member’s rights of recovery against any person, firm, corporation or organization, and the plan member shall execute and deliver to the city attorney whatever documents are necessary to secure those rights and shall do nothing to prejudice those rights. (Ord. 9943, § 1, passed 9-1-1987)

Fort Worth City Code § 2-296 DEFENSE AND LEGAL REPRESENTATION.

§ 2-296 DEFENSE AND LEGAL REPRESENTATION. (a) The city shall defend any claim or lawsuit against the plan member seeking damages to which this article applies even if any of the allegations of the claim or suit are groundless, false or fraudulent. (b) The city attorney shall provide the legal representation to a plan member in any claim or lawsuit in which the plan member is covered by this article. (c) If the city attorney determines that there is a conflict of interest for the city attorney in representing a plan member, and the plan member is entitled to coverage under this article, the city will pay the reasonable fees of outside legal counsel to represent the plan member. The outside counsel shall be selected by the city attorney. (d) In any lawsuit where the city attorney is providing legal representation to a plan member, the plan member may hire or retain additional legal counsel; however, the city shall not pay or reimburse said plan member for the services of said legal counsel. (e) The city shall not be liable for any settlement of any claim or lawsuit effected without its consent. (f) The city reserves the right to assert any defense and make any settlement it deems expedient. (Ord. 9943, § 1, passed 9-1-1987; Ord. 14577, § 4, passed 4-4-2001)

Fort Worth City Code § 2-297 NO DEFENSES WAIVED.

§ 2-297 NO DEFENSES WAIVED. Nothing in this article shall be construed as waiving any defense, immunity or jurisdictional bar available to the city or plan member. (Ord. 9943, § 1, passed 9-1-1987; Ord. 22767-06- 2017, § 6, passed 6-20-2017)

Fort Worth City Code § 2-298 NO CREATION OF CAUSE OF ACTION.

§ 2-298 NO CREATION OF CAUSE OF ACTION. Nothing in this article shall be construed as creating a cause of action against the city or plan member nor as the giving of any right to institute or maintain any suit or action which would not otherwise exist or be cognizable under law as a legal claim against the city or a plan member. (Ord. 9943, § 1, passed 9-1-1987)

Fort Worth City Code § 2-299 CITY MOTOR VEHICLE COVERAGE.

§ 2-299 CITY MOTOR VEHICLE COVERAGE. The city will pay the actual damages for any claim, lawsuit or judgment that a plan member is legally obligated to pay arising out of any act or omission committed in connection with the authorized off-duty operation of a city vehicle, provided that payments under this provision will not exceed the minimum coverage limits required by Tex. Transportation Code Chapter 601, as hereafter amended. (Ord. 22767-06-2017, § 7, passed 6-20-2017)

Fort Worth City Code § 2-300 RESERVED.

Source: City of Fort Worth, Code of Ordinances, City Charter and Zoning Ordinance (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/ftworth/latest/ftworth_tx/0-0-0-2189Fetched: 10/26/2026