3.05.020 Option Not to Defend Officers, Employees and Volunteers.
(1) Unless otherwise required by applicable law, Provo City may refuse to conduct or pay the costs of the legal defense of any officer, employee or volunteer if the conduct of the officer, employee or volunteer which is at issue was clearly:
(a) outside of the scope of employment or duties of the officer, employee, or volunteer; or
(b) if related to a claim for deprivation of civil rights, done with an actual intent to deprive another of civil rights, and without a good faith belief that the conduct of the officer, employee or volunteer was permitted or required by law.
(2) The determination allowed by this Section, that Provo City refuse to conduct or pay the costs of the legal defense of an officer, employee or volunteer, shall be made by majority vote of the Mayor, Chief of Police and City Attorney, unless the person against whom the claim or suit is brought is a member of the Municipal Council, in which event the Municipal Council shall make the required determination. If one (1) or more of the foregoing are named as defendants in the subject claim or suit, the person named shall appoint a qualified officer or employee of Provo City to act in making the determination allowed by this Section.