(a) A single defendant named in a lawsuit.
(1) An officer or employee named. If an officer or employee of the city is sued for acts done solely in the performance of the officer’s or employee’s official duties, the officer or employee named shall be entitled to and shall select no more than one private attorney as special counsel to represent the officer or employee.
(2) An officer or employee named in official and personal capacities. If an officer or employee is sued for acts done in the performance of the officer’s or employee’s official duties and the complaint alleges that some acts were done outside the scope of the officer’s or employee’s official duties, if the council determines by resolution that:
(A) The acts for which the officer or employee is being sued were done solely in the officer’s or employee’s official capacity; and
(B) The city will indemnify the officer or employee for any and all liability arising out of the lawsuit, the officer or employee shall be entitled to and shall select a single attorney as special counsel to represent the officer or employee.
(3) Agency named. If an agency is named in the lawsuit, the agency shall be entitled to and shall select no more than one private attorney as special counsel to represent the agency.
(4) City named. If the city is named in the lawsuit, the council shall select no more than one private attorney as special counsel to represent the city.
(b) Multiple defendants named. If a lawsuit names multiple city defendants, each named defendant shall be entitled to and shall select no more than one private attorney to represent the defendant as special counsel, providing that the following shall apply to the following specified circumstances.
(1) If more than one officer or employee is named in a lawsuit for acts done in the performance of the officers’ or employees’ official duties, unless a conflict of interest arises between two or more of the officers and employees, the officers and employees shall select a single private attorney as special counsel to represent all the officers and employees jointly. If the officers and employees cannot agree on a single private attorney, the council by resolution, shall select a private attorney to represent the officers and employees.
(2) If more than one officer or employee is sued for acts done in the performance of the officers’ or employees’ official duties and the complaint alleges that some acts were done outside the scope of the officers’ or employees’ official duties, if the council determines by resolution that:
(A) The acts for which the officers and employees are being sued were done solely in the performance of the officers’ and employees’ official duties; and
(B) The city will indemnify the officers and employees for any and all liability arising out of the lawsuit, unless a conflict of interest arises between two or more of the officers and employees, the officers, and employees shall be entitled to and shall select a single private attorney to represent all the officers and employees jointly. If the officers and employees cannot agree on a single private attorney, the council by resolution shall select a private attorney to represent the officers and employees.
(3) If any agency is named in a lawsuit and one or more officers or employees of the agency are also named for acts done in the performance of their official duties, unless a conflict of interest arises between the agency and one or more of the officers and employees, the agency and the named officers and employees shall select a single private attorney to represent the agency and all the officers and employees jointly. If the agency, officers, and employees cannot agree on a single private attorney, the council by resolution shall select a private attorney to represent the agency, officers, and employees.
(4) If the city is named in a lawsuit and one or more officers or employees are also named for acts done in the performance of their official duties, unless a conflict of interest arises between the city and one or more of the officers and employees, the council shall select a single private attorney to represent the city and all the officers and employees jointly.
(5) If the city is named in the lawsuit and an agency is named in the same lawsuit, unless a conflict of interest arises between the agency and the city, the council shall select a single attorney as special counsel to represent the city and the named agency jointly.
(c) No private attorney shall be paid by the city to represent an officer or employee of the city sued for acts done outside the scope of the officer’s or employee’s official duties, except as provided by subsections (a)(2) and (b)(2). If the corporation counsel is disqualified because of a conflict of interest from participation in the lawsuit, the council shall make the determination as to whether the matters raised in a lawsuit relate to an officer’s or employee’s official powers, duties, and responsibilities.
(d) Nothing herein shall preclude an officer or employee from employing, at the officer’s or employee’s own expense, additional private counsel to represent the officer or employee.
(1990 Code, Ch. 2, Art. 26, § 2-26.6) (Added by Ord. 94-27)