(a)   Except as provided in Section 107.04, the City shall, without cost to the officer, provide for the legal defense of any officer in any action in tort or contract arising out of an act or omission occurring within the scope of the officer's employment or public duties with the City.
   (b)   The City may provide for the defense of any officer through its own legal counsel or by employing independent legal counsel or by purchasing insurance which requires the insurer to defend. If the City defends through its own legal counsel and its legal counsel determines that the interests of the officer and the City conflict, the City shall obtain the written consent of the officer for such representation or shall provide independent representation. An officer may have his own legal counsel to assist in the defense at the expense of the officer.
(Ord. 33-86. Passed 10-27-86.)