The determination of whether an official or employee shall be afforded a defense by the city under the terms of this chapter shall be made by the city council on the recommendation of the mayor and city administrator. The decision of the city council shall be final as a legislative determination and shall be based upon a finding that the claim or suit against an official or employee is excluded under GHMC 2.19.020.

Nothing herein shall preclude the city from undertaking an officer or employee’s defense under a reservation of rights. This reservation of rights shall include, but not be limited to, the officer or employee’s written agreement to reimburse the city for all attorneys’ fees and costs incurred by the city under the circumstances described in GHMC 2.19.070.

The determination as to whether to furnish a defense as provided under this chapter to a member or members of the city council shall be made without the vote of such member or members of the city council unless the inclusion of such member or members is required for a quorum; provided, that if a claim or lawsuit affects a quorum or greater number of the members of the city council, all such affected members shall retain their voting privileges under this section. (Ord. 798 § 1, 1998).