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 against whom a claim is asserted arising out of the employee's acts or omissions taken on behalf of the metropolitan government for purposes of the claim, provided the employee promptly notifies the department of law when suit is served upon the employee, makes a request to the department of law for defense counsel, cooperates with the defense counsel furnished, and has no insurance coverage protecting the employee from damages up to the amounts 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 wherein an employee meets the criteria for defense counsel in subsections A and B, the director of law shall authorize reimbursement to the employee of the reasonable fees and expenses incurred in the employee's defense, subject to any applicable regulations promulgated by the director of finance. 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. BL2025-770 §§ 4, 5, 2025; Ord. BL2005-707 § 1, 2005; Ord. 93-578 § 1, 1993; prior code § 32-1-86)
