a. The city may provide to an official, employee or volunteer, subject to the conditions and requirements of this chapter, and notwithstanding the fact that such official, employee or volunteer 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, employee or volunteer resulting from any conduct, act or omission of such official, employee, or volunteer performed or omitted on behalf of the city in their capacity as a city official, employee, or volunteer, which act or omission is within the scope of his/her service or employment with the city, or assert a claim or lawsuit reasonably necessary in order to further a public purpose.

b. The legal services shall be provided by the office of the city attorney unless:

c. In the event that outside counsel is retained under subsections (b)(1) and (b)(3) of this section, the city shall indemnity the official, employee or volunteer from the reasonable costs and attorney’s fees; provided, that in no event shall the official, employee or volunteer be indemnified for attorney’s fees in excess of the rates established by the city’s contract with the attorney selected by the city. The official, employee or volunteer shall be liable for all attorney’s fees in excess of said rate. In the event that outside counsel is retained under subsection (b)(2) of this section, the city shall indemnify the official, employee or volunteer from the reasonable costs and attorney’s fees; provided, that in no event shall the official, employee or volunteer be indemnified for attorney’s fees in excess of the then prevailing hourly rate in the Vancouver area. The official, employee or volunteer shall be liable for all attorney’s fees in excess of said rate. (Ord. M-4373 § 6, 2022; Ord. M-3179 § 3, 1995)