As a condition of service or employment, the town shall provide to an official or employee, subject to the conditions and requirements of this section, and notwithstanding the fact that such official or employee may have concluded service or employment with the town, such legal representations as may be reasonably necessary to defend a claim or lawsuit filed against such official or employee resulting from any conduct, act or omission of such official or employee performed or omitted on behalf of the town in their capacity as a town official or employee, which act or omission is within the scope of their service or employment with the town. The legal services shall be provided by the town attorney unless any applicable policy of insurance provides otherwise, or a conflict of interest or ethical bar prevents such representation. In the event that outside counsel is retained, the town shall pay the reasonable costs of defense up to an hourly rate equal to that of the town attorney, and as long as the official or employee obtains the consent of the town council to such outside representation. The hourly rate of the town attorney, who is on a retainer, shall be calculated by taking the average number of hours directed toward town work for the last complete fiscal year, dividing that into the total retainer amount to determine an hourly rate. The town shall have no obligation to defend or indemnify any official or employee for dishonest, fraudulent, criminal, willful, intentional or malicious acts; any acts or courses of conduct not performed on behalf of the town or which are outside the scope of the official or employee’s service or employment for the town; or any lawsuit brought by the town against the employee or official. The town council shall have sole discretion to determine whether an employee or official shall be defended or indemnified according to this section. Policies and procedures governing defense and indemnity of officials and employees are set forth by ordinance. [Ord. 531 § 1 (2.02.050), 2013.]