§ 27A-141. Definitions.

The following terms, as used in this article, shall have the following meanings unless the context requires otherwise:

(1)

Act includes an omission or failure to act.

(2)

City means the City of Irving, Texas.

(3)

City vehicle means a vehicle or any mobile equipment leased to, or owned by, the city.

(4)

Claim means any claim made or suit brought against a plan member for damage or injury alleged to be caused by a covered act.

(5)

Claims board means the city's self-insurance claims board created by article IV of this chapter.

(6)

Coverage determination action means an action by a plan member to determine coverage under the plan pursuant to section 27A-147 of this article.

(7)

Covered act means any act or omission of a plan member that:

(a)

Occurs during the discharge of the plan member's official duties;

(b)

Is within the course and scope of the plan member's office, employment, or assigned volunteer work with the city, as applicable; or

(c)

Constitutes, or is alleged or asserted to constitute, negligence on the part of the plan member.

(d)

Occurs during incidental medical services or first aid (including transportation) at the scene of an accident or injury by any plan member not regularly engaged in the medical profession.

(e)

Occurs while rendering medical services (including transportation) by emergency medical technicians, paramedics, nurses and aides employed by the city while in the course of their employment as such.

(f)

Occurs while a plan member is carrying out their authorized duties related to the city's law enforcement activities.

(g)

Occurs while a plan member is using a city vehicle, or one (1) hired by or on behalf of the city, provided the use is with the permission of the city; or

(h)

Arises from the use of a nonowned automobile by a plan member while such automobile is being used in the business of the city.

(i)

Arises from an act or omission of a plan member while they are acting in the course of their duties as a member of the claims board.

(8)

Excluded action means any claim against a plan member:

(a)

By the city; or

(b)

That results from (i) an intentional or knowing violation of a penal law (including an administrative agency rule having the force and effect of law) committed by, or with the knowledge and consent of, the plan member; (ii) an act of fraud committed by, or at the direction of, the plan member; (iii) official misconduct, a willful or wrongful act or omission, or an act or omission constituting gross negligence committed by, or at the direction of, the plan member; (iv) an act of conspiracy or collusion by the plan member against the city; or (v) knowing or intentional violation by the plan member of any ordinances, policies or procedures of the city, or of lawful orders, instructions or directives of city management; or (vi) an intentional or knowing violation of employment rules or policies;

(c)

That arises while the plan member is using or operating a city vehicle or other city property or equipment with no authority to do so;

(d)

That asserts or alleges liability assumed by the plan member under a contract, unless the plan member is authorized by the city to enter into the contract;

(e)

That includes a joinder by the plan member of a claim or suit of the member against the city for benefits under the plan;

(f)

For damages that are not recoverable against the city; or

(g)

For damages the city is precluded from paying under Section 102.002, or for payments in excess of the limitations on payments by the city prescribed by Section 102.003, Texas Civil Practice and Remedies Code, Vernon's Texas Codes Annotated.

(9)

Excluded loss means any of the following:

(a)

Any loss that arises out of an excluded action;

(b)

Any loss the city is precluded from paying by law;

(c)

Any loss arising out of a claim resulting from a covered act that occurred before the plan took effect, unless the board in its discretion extends coverage;

(d)

Any loss arising out of a claim resulting from a covered act that occurs while the plan is in effect if (i) the plan member experiencing the loss becomes legally obligated to pay the loss after the plan is terminated, and (ii) such claim or legal proceeding were barred by any statute of limitations when instituted; or

(e)

Any loss arising out of a claim resulting from a covered act that occurs after the plan is terminated.

(10)

Loss means (i) the damages that a plan member or former plan member is legally obligated to pay on account of a claim; and (ii) amounts paid, or agreed to be paid, by the city pursuant to sections 27A-143(b) and 27A-144 of this article, to compromise or settle a claim in order to avoid the risk, expense and uncertainty of litigation.

(11)

Loss expenses means any of the following:

(a)

The city's expenses in investigating or defending a claim that may result in a plan claim;

(b)

The costs taxed against a plan member in a suit that results in a plan claim and any pre-judgment or post-judgment interest for which the plan member is liable;

(c)

The reasonable expenses of a plan member incurred at the city's request in connection with a claim that may result in a plan claim; and

(d)

Any attorneys' fees ordered by a court to be paid by a plan member in a suit arising out of a claim that results in a plan claim.

(12)

Non-owned automobile means an automobile which is neither a city vehicle nor one (1) hired by the city.

(13)

Plan means the City of Irving Officer and Employee Liability Plan, as established by this article.

(14)

Plan claim means any plan loss together with the plan loss expenses that result from the claim giving rise to such plan loss.

(15)

Plan loss means any loss that is not an excluded loss.

(16)

Plan loss expenses means any loss expenses, except those incurred in connection with an excluded action.

(17)

Plan member means an individual who at the time of a covered act is:

(a)

An employee of the city;

(b)

The mayor as well as any other member of the city council;

(c)

A member of (i) a city board, commission, or committee created by charter, ordinance, or resolution of the city, or (ii) the board of directors of any nonprofit corporation created under the authority of the city council as an instrumentality of the city; or

(d)

An individual who is (i) a member of the city's volunteer police reserve, or (ii) any other volunteer acting with knowledge of and authorization by the city to assist the city pursuant to an official policy adopted or approved by the city council.

(18)

Program ordinance means Ordinance No. 5847 (which establishes the city's self-insurance), as from time to time amended. The aforesaid ordinance is set out herein as article IV of this chapter.

(Ord. No. 5848, § 1(1), 8-23-90)