(a) As used in this section, "officer" means any person who is or was a duly elected or appointed official or member or full-time employee of the urban county government or any agency or instrumentality thereof, excluding any official, member or full-time employee of any agency or instrumentality which is a separate corporate entity, or which is entitled to representation by the county attorney.
(b) When an officer is sued for damages in his individual capacity, the urban county government, by and through its department of law, shall defend any such suit against the officer if such suit arises out of any act or omission done in good faith by him while in the bona fide discharge of his official duties in a matter in which the urban county government, its agency or instrumentality, had an interest.
(c) Provided, however, if the commissioner of law determines that the urban county government and such person have differing interests, whether such interests be conflicting, inconsistent, diverse or otherwise discordant, and that as a result thereof, the department of law is prevented from representing such person, and further provided such person has requested, in writing, that he be represented by the urban county government, and the urban county government, by and through its department of law has, in writing, refused to represent such person due to said conflict, the urban county government shall reimburse such person for any and all reasonable and necessary legal expenses incurred by such person in the defense of said suit.
(d) This section shall apply only to actions instituted after the effective date of Ordinance No. 261-76.
(Ord. No. 2-82, § 1, 1-14-82)
Editor's note(s)—The purpose of Ord. No. 2-82, adopted Jan. 14, 1982, was to reinstate provisions inadvertently omitted in recodification. Section 2 of the ordinance specified an effective date of Nov. 12, 1981.