2.90.020 Legal representation.
A. As a condition of service or employment the city shall provide to an official, employee or volunteer, and any spouse of an official, employee or volunteer to the extent the marital community is implicated, subject to the conditions and requirements of this chapter, and notwithstanding the fact that such official, employee or volunteer may have concluded service or employment with the city, such legal representations as may be reasonably necessary to defend a claim or lawsuit filed against such official, employee or volunteer resulting from any conduct, act or omission of such official, employee or volunteer performed or omitted on behalf of the city in their capacity as a city official, employee or volunteer, which act or omission is within the scope of their service or employment with the city.
B. The legal services shall be provided by the office of the city attorney unless:
1. Any provision of an applicable policy of insurance provides otherwise; or
2. A conflict of interest or ethical bar exists with respect to said representation; or
3. The city attorney appoints outside legal counsel to the case.
In the event that outside counsel is retained under subsection (B)(1), (2), or (3) of this section, the city shall indemnify the official, employee or volunteer from the reasonable costs of defense paid by the official, employee or volunteer; provided, that in no event shall the official, employee or volunteer be indemnified for attorneys’ fees paid in excess of the hourly rates established by the city’s contract with the attorney selected by the city. The official, employee or volunteer shall be liable for all hourly charges in excess of said rate. (Ord. 5757 § 1, 2003; Ord. 5264 § 2, 1999.)