Members,

It is imperative that every officer understand both the current contract language regarding legal defense protections and the position the City has recently taken concerning officer liability protections arising from police actions performed in the course of duty.

The Association is issuing this notice to ensure transparency, awareness, and unity moving forward.

Article 14 of the current Collective Bargaining Agreement states:

“In the event that a civil action is filed against an Officer for conduct arising out of the official performance of police duties, the City shall provide legal representation to said Officer…”

Historically, officers have reasonably understood this language to mean that officers acting lawfully, within policy, and in good faith while performing required police duties would be protected by the City.

However, in recent cases, the City has openly taken the position that the current contract language may only obligate the City to provide legal representation, while not necessarily providing full indemnification protections against judgments, settlements, punitive damages, or other civil liability exposure.

After careful review, the Association believes the current language creates ambiguity because while the contract clearly establishes a duty to provide legal defense representation, it does not expressly codify broader indemnification or “hold harmless” protections.

Equally important, the Association has not identified language in the contract expressly excluding officers from protection simply because:

• force is later questioned,
• discipline occurs,
• allegations are made,
• or litigation becomes politically sensitive.

Nonetheless, the City’s current interpretation creates a serious concern that every officer must understand clearly.

This issue affects every officer who is legally required to take enforcement action, use force when necessary, make arrests, intervene in violent encounters, respond to critical incidents, and carry out the lawful duties expected under Texas law and Department policy.

The Association is actively addressing this issue from every possible angle.

Current actions underway include:

• Direct meetings and ongoing discussions with the Chief of Police;
• Consultation with CLEAT and other law enforcement labor organizations;
• Review of emergency, short-term, and long-term legal protection options;
• Examination of liability protection models utilized by other Texas agencies;
• Development of future contract language to clearly codify defense, indemnification, and officer protections moving forward.

In addition, the Association Board will be attending shift briefings and visiting every region to speak directly with officers in person regarding:

• the current contract language,
• the City’s current stance,
• ongoing discussions,
• and the Association’s proposed path forward.

As developments occur, updates will continue to be issued to the membership.

This communication is not intended to create panic or speculation. It is intended to ensure every officer fully understands the importance of this issue and the need for collective awareness moving forward.

Police officers cannot effectively perform proactive policing, violent offender apprehension, crisis response, or lawful use-of-force responsibilities while simultaneously fearing personal financial exposure for actions performed within the lawful scope of their duties.

We must stand united in addressing this issue professionally, responsibly, and proactively.

Fraternally,

El Paso Municipal Police Officers’ Association