Any indemnification made pursuant to this article, unless ordered by a court, shall be made by the city only as authorized in the specific case upon a determination that indemnification of the officer, appointee, employee or Council member is proper in the circumstances because he or she has met the applicable standard of conduct set forth in this article. The determination shall be made by any of the following:
(A) By the Council by majority vote of a quorum consisting of Council members who were not part to the proceeding;
(B) If a quorum is not obtainable, then in a written opinion of independent legal counsel acquired by majority of the disinterested Council members for that purpose; and
(C) If there are no disinterested Council members, by the court or other body before which the proceeding was brought or in the court of competent jurisdiction upon the approval of an application by any person seeking indemnification, in which case indemnification may include the expenses, attorneys fees, actually and reasonably paid in connection with the application.
(Prior Code, § 2-10-9)