A. As a condition of service or employment the city shall provide to an official or employee, subject to the conditions and requirements of this chapter, and notwithstanding the fact that such official or employee 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 or employee resulting from any conduct, act or omission of such official or employee performed or omitted on behalf of the city in their capacity as a city official or employee, unless the conduct, act or omission are specifically excluded under GHMC 2.19.020. The city council shall, in its sole discretion, determine whether the fees and costs of any legal representation provided under this chapter are “reasonably necessary” for the defense of an official or employee, and are subject to reimbursement.

B. The legal services shall be provided by the office of the city attorney unless:

C. In the event that outside counsel is retained under subsection (B)(1) 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’s fees in excess of the hourly rates established by the city’s contract with the attorney selected by the city. The officer or employee shall be liable for all hourly charges in excess of said rate, and for any fees and costs determined not to be “reasonably necessary” for the official or employee’s defense, as determined by the city council. (Ord. 798 § 1, 1998).