1. The determination of whether an official, other than a member of the City Council, employee or volunteer shall be afforded a defense by the city under the terms of this chapter shall be made by the city manager.

2. The determination of whether or the city manager shall be afforded a defense by the city shall be made by the city attorney.

3. The determination as to whether to furnish a defense as provided under this chapter to a member or members of the City Council shall be made by the City Council without the vote of such member or members of the City Council unless the inclusion of such member or members is required for a quorum. Provided, that if a claim or lawsuit affects a quorum or greater number of the members of the City Council, all such affected members shall retain their voting privileges under this section.

4. The official, employee or volunteer requesting defense and indemnification shall be informed in writing whether the request is granted or denied. The notice shall be sent to the official’s, employee’s, or volunteer’s last known residential address by certified mail, return-receipt requested.

5. There shall be no appeal from the decision made under this section, except for an action in the Clark County Superior Court filed within thirty days of the mailing of a notice of denial.

6. Nothing herein shall preclude the city from undertaking an official’s, employee’s or volunteer’s defense under a reservation of rights. (Ord. M-3912 § 2, 2009; Ord. M-3179 § 5, 1995)