LIMITS OF INDEMNIFICATION

Oklahoma City Municipal Code ch. 2, art. IV, div. 4

in effect

Oklahoma City Municipal Code § 2-321 Definitions.

§ 2-321. - Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (1) Employee means any person who is authorized to act in behalf of the City whether that person is acting on a permanent or temporary basis, with or without being compensated or on a full-time or part-time basis, and includes all elected or appointed officers, members of governing bodies and other persons designated to act for the City, but this term does not mean a person or other legal entity while acting in the capacity of an independent contractor or an employee of an independent contractor. (2) Scope of employment means performance by an employee acting in good faith within the duties of his office or employment or of tasks lawfully assigned by a competent authority but shall not include corruption or fraud. (3) The Governmental Tort Claims Act means the statutes codified as 51 O.S. §§ 151—200, inclusive, as last amended in 1987 and as may be amended in the future. (4) Tort means a legal wrong, independent of contract, involving violation of a duty imposed by general law or otherwise, resulting in a loss to any person, association or corporation as the proximate result of an act or omission of the City or an employee acting within the scope of employment. (Code 1980, § 2-201; Ord. No. 18897, § 1, 12-8-87)

Oklahoma City Municipal Code § 2-322 Statutory limits of liability.

§ 2-322. - Statutory limits of liability. The statutory limits of total liability of the City on claims within The Governmental Tort Claims Act are: (1) $25,000.00 for any claim or any claimant who has more than one claim for loss of property arising out of a single accident or occurrence; (2) $175,000.00 to any claimant for his claim for any other loss arising out of a single accident or occurrence; and (3) $1,000,000.00 for any number of claims arising out of a single occurrence or accident. (Code 1980, § 2-202; Ord. No. 18897, § 2, 12-8-87; Ord. No. 22889, § 1, 12-6-05)

Oklahoma City Municipal Code § 2-323 Increased limits of indemnification for certain Federal civil rights claims.

§ 2-323. - Increased limits of indemnification for certain Federal civil rights claims. As authorized by 51 O.S. § 162, the Council of the City establishes higher limits of indemnification for civil rights claims only for individual employees acting within the scope of employment where claims are made against said employee for violations of the claimant's Federal civil rights and the employee has been named personally as an individual defendant in the lawsuit for violating the claimant's Federal civil rights, then, in such event, the City shall indemnify such employee against claims, demands and judgments for actual damages up to and including the sum of $10,000,000.00 to any claimant for the claim arising out of alleged violation of claimant's Federal civil rights. Provided, however, this authorization shall not permit indemnification for exemplary and punitive damages. (Code 1980, § 2-203; Ord. No. 18897, § 3, 12-8-87)

Oklahoma City Municipal Code § 2-324 Limitation of increased limits of liability for indemnification.

§ 2-324. - Limitation of increased limits of liability for indemnification. Nothing contained in Section 2-323 of this division shall be construed to alter, change or modify the liability limitations as set out in Section 2-322 of this division as it relates to claims made under The Governmental Tort Claims Act which do not relate to a claim for violation of Federal civil rights in which the City employee is individually named as a defendant in a lawsuit. Nothing further shall waive or modify the exemptions and immunities provided for in The Governmental Tort Claims Act and by common law. (Code 1980, § 2-204; Ord. No. 18897, § 4, 12-8-87)

Oklahoma City Municipal Code § 2-325 Reservation of rights.

§ 2-325. - Reservation of rights. The City reserves all its statutory and common law rights and its defenses and immunities afforded it as a municipality pursuant to the Federal Civil Rights Acts and judicial determinations. Furthermore, this right of indemnification does not confer a property right to any individual employee. (Code 1980, § 2-205; Ord. No. 18897, § 5, 12-8-87)

Source: City of Oklahoma City, Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/ok/oklahoma_city/codes/code_of_ordinances?nodeId=OKMUCO2020_CH2AD_ARTIVFIAF_DIV4LIINFetched: 10/28/2026