§ 48-2. Defense.

A. 

Upon compliance by the employee with the provisions of § 48-4 of this chapter, the village shall provide for the defense of the employee in any civil action or proceeding, state or federal, arising out of any alleged act or omission which occurred or allegedly occurred while the employee was acting within the scope of his public employment or duties. This duty to provide for a defense shall not arise where such civil action or proceeding is brought by or at the behest of the village.

B. 

Subject to the conditions set forth in Subsection A of this section, the employee shall be entitled to be represented by private counsel of his choice in any civil action or proceeding whenever the Village Attorney or other counsel designated by the village determines that a conflict of interest exists and that the employee is entitled to be represented by counsel of his choice; provided, however, that the Village Attorney or other counsel designated by the village may require, as a condition to payment of the fees and expenses of such representation, that appropriate groups of such employees be represented by the same counsel. Reasonable attorneys' fees and litigation expenses shall be paid by the village to such private counsel from time to time during the pendency of the civil action or proceeding with the approval of the Board of Trustees of the village.

C. 

Any dispute with respect to representation of multiple employees by a single counsel or the amount of litigation expenses or the reasonableness of attorneys' fees shall be resolved by the court upon motion or by way of a special proceeding.

D. 

Where the employee delivers process and a written request for a defense to the village under § 48-4, the village shall take the necessary steps on behalf of the employee to avoid entry of a default judgment pending resolution of any question pertaining to the obligation to provide for a defense.