§ 2.40.130. Defense counsel to employees—Conditions and procedures.

A.

The metropolitan government authorizes its department of law to furnish defense counsel to any employee sued for damages for an act or omission arising out of the performance of his official duties and while engaged in the course of his employment for the metropolitan government; provided the employee promptly notifies the department of law when suit is served upon him, makes a request for defense counsel, and cooperates with the defense counsel furnished, and provided, further, there is no insurance coverage protecting the employee from such damages to the amount as provided hereafter in this section.

B.

In those civil actions wherein:

1.

The metropolitan government and one or more of its employees are defendants, or two or more employees are defendants; and

2.

The director of law determines that Rule 1.7 of the Tennessee Rules of Professional Conduct, as adopted by rule 8 of the Rules of the Tennessee Supreme Court, prohibits the department of law from representing the employee; and

3.

The employee would otherwise be entitled to the defense provided for in subsection A of this section; then the employee shall be entitled to employ counsel as provided for in subsection C of this section.

C.

In those matters where an employee, as defined in subsection A, is entitled to retain counsel under subsection B of this section, the director of finance in consultation with the director of law shall authorize reimbursement to the employee of the reasonable fees and expenses incurred in his defense. The director of finance in consultation with the director of law, shall promulgate regulations concerning reimbursement of fees and expenses including, but not limited, to the hourly rate, the nature and timing of billing, and requirements for prior approval for extraordinary expenses.

(Ord. BL2005-707 § 1, 2005; Ord. 93-578 § 1, 1993; prior code § 32-1-86)