The text
The city shall have the duty to provide legal representation through the city solicitor or, in its discretion, through the selection of outside legal counsel, without charge to the persons involved, to any city officer or employee in connection with any claim, suit for damages, or other action against such person arising in connection with the performance by such officer or employee of his or her public duties; provided that such employee or officer may have his or her own counsel to assist in the defense, at the expense of the employee or officer. The officer or employee shall cooperate fully with the city in preparation and presentation of the case, and the failure to cooperate shall act as a waiver of such officer's or employee's right to indemnity under this chapter. For the purposes of this section, the term "arising in connection with the performance by such officer or employee of his or her public duties" shall not include any action which occurs during a period of time in which the officer or employee is engaged in outside employment or is rendering contractual services to someone other than the city.
(Code 1971, § 2-92)