When one member sues another member "individually" or where the lawsuit seeks monetary damages that the City of Dallas cannot or will not pay under its liability plan, the DPA will not provide legal assistance for either member before the case is final and non-appealable. At that time either member, who has been a member continuously since the incident made the basis of the lawsuit, may petition the Board of Directors for legal assistance. The Board of Directors may provide legal assistance to either, both, or neither member, in equal or unequal amounts, The amount allocated, if any, to a member is within the sole discretion of the Board of Directors.