(A) Subject to the conditions set forth in § 30.22 above, the employee shall be entitled to be represented by the Village Attorney, provided, however, that the employee shall be entitled to representation by private counsel of his or her choice in any civil judicial proceeding whenever the Village Attorney determines, based upon his or her investigation and review of the facts and circumstances of the case, that representation by the Village Attorney would be inappropriate, or whenever a court of competent jurisdiction, upon appropriate motion or by a special proceeding, determines that a conflict of interest exists and that the employee is entitled to be represented by private counsel of his or her choice.
(B) The Village Attorney shall notify the employee in writing of the determination that the employee is entitled to be represented by private counsel of his or her choice. The Village Attorney may require, as a condition to payment of the fees and expenses of the representation, that appropriate groups of the employees be represented by the same counsel.
(C) If the employee or group of employees is entitled to representation by private counsel under the provisions of this section, the Village Attorney shall so certify to the Village Board. Reasonable attorneys’ fees and litigation expenses shall be paid by the village to the private counsel from time to time during the pendency of the civil action or proceeding subject to certification that the employee is entitled to representation under the terms and conditions of this section by the head of the department, commission, division, office or agency in which the employee is employed and upon the audit and warrant to the Village Clerk-Treasurer.
(D) Any dispute with respect to representation of multiple employees by a single counsel or the amount of litigation expenses or the reasonableness of attorneys’ fees shall be resolved by the court upon motion or by way of a special proceeding.
(Ord. 3-1980, passed 12-22-1980)