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A. No indemnification shall be permitted:

1. For reasonable legal expenses of defense where the city attorney or any city insurance policy provides a defense;

2. For liability imposed where the city insurance policy provides for payment or indemnification of any liability imposed against the employee or official without subrogation against the employee; or

3. Where the city makes a claim or brings proceedings against the employee or official.

B. Where a claim is brought against an employee or official, and the employee or official requests the city to provide independent legal counsel pending the prosecution of the claim or proceeding, the city shall provide independent legal counsel if, in the judgement of the city council, there exists an actual conflict of interest between the city’s position and that of the employee or official. [Ord. 94-26 § 2.]