A. As a condition of service or employment the city shall provide to an official, employee, or volunteer subject to the conditions and requirements of this chapter, and notwithstanding the fact that such official, employee, or volunteer may have concluded service or employment with the city, such legal representation as may be reasonably necessary to defend a claim or lawsuit filed against such official, employee, or volunteer resulting from any conduct, act or omission of such official, employee, or volunteer performed or omitted on behalf of the city in his capacity as a city official, employee, or volunteer which act or omission is within the scope of his service or employment with the city. Legal representation shall also be provided to the spouse of such official, employee or volunteer when a lawsuit is also filed against the spouse and community property of the official, employee or volunteer. This chapter is subject to repeal or modification at the sole discretion of the city council.
B. The legal services shall be provided by the office of the city attorney unless:
1. Any provision of an applicable policy of insurance provides otherwise; or
2. A conflict of interest or ethical bar exists with respect to said representation.
C. In the event that outside counsel is retained under subsection B2 of this section, the city shall indemnify the employee from the reasonable costs of defense provided that in no event shall the officer or employee be indemnified for attorney fees in excess of the hourly rates established by the city's contract with its city attorney. The officer or employee shall be liable for all hourly charges in excess of said rate. (Ord. 2015-970, 9-9-2015)