(A) The city shall provide and pay the fees and expenses of defense counsel for claims which are now pending or may be made against any of the following persons resulting from actions which, when viewed in a light most favorable to such person, appear to have been within the scope of his or her duties for the city:
(1) All lawfully elected or appointed officials, deputies and employees of the city, and persons who were in these categories when the actions occurred that formed the basis of such claims, whether or not they still hold any position with the city.
(2) All officials, members or employees of boards, commissions or other bodies duly created by and under the jurisdiction of the city, and persons who were in these categories when the actions occurred that formed the basis of such claims, even though no longer holding any position with the city.
(B) The city shall also pay costs and discovery fees incurred in the defense of such claims.
(C) This section shall not apply to the extent claims against any such person are covered by an insurance policy held by the city or the extent the insurer has provided legal representation to defend such claims. There may be situations in which an insurance company provides legal representation to defend some claims against one or more of the persons referred to above, while other claims against those same persons will be defended through counsel provided by the city under this chapter.
(Admin. Code, § 125.01; Ord. 84-28, passed 4-23-84; Am. Ord. 84-35, passed 5-14-84)