Except where coverage therefor is provided for city officials or employees under a policy of insurance or under the city’s self-insurance program established under Ordinance No. 2957, as said ordinance now exists or may hereafter be amended, the obligations assumed under this chapter by the city and the city attorney shall not apply to any dishonest, fraudulent, criminal or malicious act of an official or employee, or to any act of an official or employee which is not performed on behalf of the city or which is outside the scope of his/her service or employment with the city or to any lawsuit brought by or on behalf of the city. Further, the provisions of this chapter shall have no force and effect with respect to any accident, occurrence or circumstance in which the city, or an official or employee is insured against loss or damages under the terms of any valid insurance policy.

The determination of whether an official or employee was acting on behalf of the city and within the scope of his/her service or employment with the city shall be made by the city attorney. The determination of whether an official or employee committed a dishonest, fraudulent, criminal or malicious act shall be made by the city attorney. There shall be no appeal from such determinations. (Ord. 2956 § 1, 1981; Ord. 2733 § 4, 1979.)