Any indemnification under this article shall be made by the city (unless ordered by court) only as may be authorized in the specific case upon a determination that the indemnification of the officer, employee or agent is proper under the circumstances because he has met the applicable standards of conduct. This determination shall be made:
(A) By the Mayor and Councilmen by a majority vote of a quorum consisting of those members who were not parties to such action, suit or proceedings; or
(B) If such a quorum is not attainable, or if it is attainable and a quorum of disinterested members so directs, then by independent legal counsel in a written opinion.
(Ord. 3168, passed 11-1-05)