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Any indemnification made pursuant to this chapter, unless ordered by a court, shall be made by the city only as authorized in the specific case upon a determination that indemnification of the officer, employee or councilmember is proper in the circumstances because he has met the applicable standard of conduct set forth in this chapter. Such determination shall be made by any of the following:

A. By the city council by majority vote of a quorum consisting of councilmembers who were not party to the proceeding.

B. If a quorum is not obtainable, then in a written opinion of independent legal counsel acquired by majority of the disinterested councilmembers for that purpose.

C. If there are no disinterested councilmembers, by the court or other body before which the proceeding was brought or in the court of competent jurisdiction upon the approval of an application by any person seeking indemnification, in which case indemnification may include the expenses and attorney’s fees actually and reasonably paid in connection with such application. [Code 2004 § 2-118.]