The determination of whether an official or employee shall be afforded a defense by the City under the terms of this chapter shall be finally determined by the City council on the recommendation of the mayor. The mayor and/or city council may request the City attorney to provide an opinion or recommendation concerning the determination. The decision of the City council shall be final as a legislative determination of the council. Nothing herein shall preclude the City from undertaking an officer’s or employee’s defense under a reservation of rights. (Ord. 2305 § 1 (part), 2006).