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A. As a condition of service or employment the City shall provide to an official or employee, and any spouse or registered domestic partner of an official or employee to the extent the community, as community is defined in Chapter 26.16 RCW as amended by Chapter 6, Laws of 2008, is implicated, 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, which act or omission is within the scope of their service or employment with the City.

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; or

3. The mayor determines that the assignment of counsel other than the City attorney is necessary or prudent under the circumstances.

C. In the event that outside counsel is retained under subsection B.2 of this section, the City shall indemnify the employee from the reasonable costs of defense. (Ord. 2408 § 1, 2008: Ord. 2305 § 1 (part), 2006).