Chapter 9: Personnel
City of Lowry Crossing, TX Code of Ordinances
ARTICLE 9.01
GENERAL PROVISIONS
§ 9.01.001 At-will employment.
All city employees shall serve at the pleasure of the city council, and nothing stated herein, or hereafter
stated in any ordinance or code provision, or any personnel policy or procedure publication, shall be
construed to terminate the city’s at-will status with regard to its employees, unless this provision is
specifically repealed by the terms of an ordinance in writing at the time of adoption by the city council.
(Ordinance 144, sec. 1, adopted 8/14/01)
§ 9.01.002 Emergency actions by city officers, agents or employees.
Every officer, agent, or employee of the city, while responding to emergency situations, is hereby
authorized to act in such a manner as to most effectively deal with the emergency. This provision shall
prevail over every other ordinance of the city and, to the extent to which the city has the authority to so
authorize, over any other law establishing a standard of care in conflict with this section. Neither the
city nor the employee shall be liable for any failure to use ordinary care in such emergency.
(Ordinance 144, sec. 2, adopted 8/14/01)
ARTICLE 9.02
DEFENSE AND INDEMNIFICATION OF CITY OFFICERS AND EMPLOYEES
§ 9.02.001 Purpose.
A necessity exists for the city’s provision of legal defense and indemnification of city officers and
employees.
(Ordinance 144, sec. 3(A), adopted 8/14/01)
§ 9.02.002 Definitions.
For purposes of this article:
Employee. A person employed and paid a salary by the city, including individuals on a part-time basis,
but does not include an independent contractor.
Officer. Shall include a member of the city council and any member of a city board or commission
appointed by the city council or any person appointed to a city position by the city council.
(Ordinance 144, sec. 3(B), adopted 8/14/01)
§ 9.02.003 Indemnification.
Any officer or employee who is found and finally adjudged to be liable for the payment of any claim
for damages arising out of the course and scope of employment with the city shall be entitled to
be indemnified for such damages to the extent permitted by law, together with any reasonable and
necessary legal expenses incurred by such officer or employee in defending such claim, provided
that the acts or omissions resulting in such liability were done in good faith and without malicious
or felonious intent. For the purposes of this article, the term “arising out of the course and scope of
employment” shall not include any action which occurs during a period of time in which the officer or
employee is engaged in outside employment or is rendering contractual services to someone other than
the city. Whether the acts were done in good faith, without malicious or felonious intent, and within
the course and scope of employment shall be determined by the city council, and such determination
shall be final for the purposes of the representation and indemnity of this article; provided, however,
that in the event such representation and indemnity have been denied by the city, [and] upon a trial on
the merits it is determined that the officer or employee was acting in good faith, without malicious or
felonious intent and within the scope of employment, the indemnification hereunder shall be granted
and reasonable legal expenses incurred in the defense of the claim reimbursed. This indemnity shall
in no event apply to or cover punitive or exemplary damages where such damages are not recoverable
in law or against the city. Further, the city shall not be liable for any settlement of any such claim or
suit effected without its consent, and the city reserves the right to assert any defense and make any
settlement of any claim or suit that it deems expedient.
(Ordinance 144, sec. 3(C), adopted 8/14/01)
§ 9.02.004 Representation in actions.
The city shall have the right and duty to provide legal representation through the city attorney, or
in its discretion through the selection of outside legal counsel, to any officer or employee sued in
connection with any claim for damages, other civil action, or alleged violation of civil rights with
criminal sanctions, against such person, arising out of the course and scope of employment, provided
that such officer or employee may be entitled to indemnification as set forth in this article. Such legal
representation shall be provided at no cost to the officer or employee, and any officer or employee may
have his or her own counsel assist in the defense at the sole expense of the officer or employee. The
officer or employee shall cooperate fully with the city in preparation and presentation of the case, and
the failure to cooperate shall waive such officer’s or employee’s right to representation and indemnity
under this article.
(Ordinance 144, sec. 3(D), adopted 8/14/01)
§ 9.02.005 City’s defenses.
Nothing in this article shall be construed as waiving the city’s defense of governmental immunity to it
or its employees or officers in any action brought against the city or such officer or employee. For any
suit or claim arising under the Texas Tort Claims Act, the indemnity provided by this article shall be
limited to the statutory limits applicable to the city provided in said act, as amended.
(Ordinance 144, sec. 3(E), adopted 8/14/01)
§ 9.02.006 Notice.
The provisions of this article shall apply only where the city has been given notice of the action brought
against any city officer or employee within ten (10) days of service of process upon the officer or
employee.
(Ordinance 144, sec. 3(F), adopted 8/14/01)
§ 9.02.007 Disciplinary action.
Nothing in this article shall prevent the city from taking disciplinary action against any officer or
employee for conduct defended or indemnified by the city under this article, either before or after
conclusion of the civil suit.
(Ordinance 144, sec. 3(G), adopted 8/14/01)
§ 9.02.008 Suits in behalf of city.
Nothing in this article shall require the city to indemnify any officer or employee for recoveries made
against him or her in suits by or on behalf of the city. The city council may, however, authorize the
city attorney to represent any officer or employee in a suit brought by a taxpayer in behalf of the city
against the officer or employee.
(Ordinance 144, sec. 3(H), adopted 8/14/01)
PERSONNEL
LOWRY CROSSING CODE