The City shall not provide for the legal defense of any civil action brought against an employee in the event the City, through the Law Director, determines that:
(a) The employee failed to request legal representation from the City within ten days after service of the civil action upon him. Notice to the Law Department by delivering the complaint and summons within the prescribed time period shall be considered a request for legal representation. Any modification from the notice requirement shall be in the sole discretion of the Law Director in cases where good cause is shown by the employee.
(b) The act or omission was not within the scope of his employment.
(c) The employee acted or failed to act because of fraud, corruption or actual malice.
(d) The defense of the action by the City would create a conflict of interest between the City and the employee. In the event that the Law Director determines that a conflict of interest exists between the City and an employee, the Law Director shall advise such employee of the conflict in writing; in which event, the employee shall be entitled to seek other competent counsel practicing law in Stark County, Ohio. The legal fees for such outside counsel shall be paid by the City unless the employee would not be entitled to indemnification pursuant to Section 153.02.
(Ord. 101-83. Passed 5-2-83.)