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<br />(£-litO <br />/' <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />Liability <br /> <br /> <br />What is my liability as member of a City board or commission? <br /> <br />The decisions made by City boards <br />and commissions are sometimes challenged The City has an insurance agreement with <br />by persons who are dissatisfied with them. the Texas Municipal League <br />A legal challenge to a decision may involve Intergovernmental Risk Pool which includes <br />an attempt to set 1;he decision aside, or it errors and omissions coverage for board and <br />may involve a claim that damages have commission members. In addition, a City <br />resulted from the decision. ordinance provides for indemnity and <br />defense of board and commission members <br />The Legal Department staff should acting in their official capacities. You <br />be consulted whem an issue arises as to the should notify the City Attorney promptly of <br />legality of a decision, or as to potential any lawsuit or claim il1volving your service <br />liability for damages. on a City board or commission, and <br />cooperate with the City Attorney in the <br />In general, board and commission defense of the matter. <br />members acting in good faith in their official <br />capacities have immunity against claims for <br />damages. The concept of good faith is <br />satisfied if a board or commission action: <br /> <br />1. complies with the rules applicable <br />:1: to the action, such as notice/public hearing <br />requirements and established decision <br />making criteria; <br />2. has a rational basis; and <br />3. is not based upon improper or <br />ulterior motives, such as race, creed or <br />ethnic origin, or personal or [rnancial <br />motives related to the proposed action or the <br />parties involved. <br /> <br /> <br /> <br /> <br />4.3 <br />