The determination whether an official or employee shall be afforded a defense by the City under the terms of this chapter shall be made after a determination pursuant to CMC 2.55.030 as to whether the official or employee was acting within the scope of his or her duties. The City Manager and City Attorney shall prepare a recommendation to the Council. The decision of the City Council shall be final as a legislative determination and shall be based upon a finding that an official or employee meets or does not meet the criteria of this chapter. Nothing herein shall preclude the City from undertaking an official’s or employee’s defense under a reservation of rights. The determination as to whether a defense is to be furnished as provided under this chapter to a member or to members of the City Council shall be made without the vote of the Council member(s) named in the claim or lawsuit 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. (Ord. 01-10 § 2 (Exh. A))