[§52D-9]  Determination of scope of duty. 
The determination of whether an act, for which the police officer is being
prosecuted or sued, was done in the performance of the police officer's duty,
so as to entitle the police officer to be represented by counsel provided by
the county, shall be made by the police commission of the county.  Before
making a determination, the police commission shall consult the county attorney
or the corporation counsel, who may make a recommendation to the police
commission with respect thereto if the county attorney or corporation counsel
so desires.  The determination of the police commission shall be conclusive for
the purpose of this section and section 52D-8. [L 1989, c 136, pt of §2]



 



Case Notes



 



  Section's reference to "conclusiveness" of the
commission's scope of duty determination refers to its
"conclusiveness" for purposes of the city's review and does not serve
to preclude judicial review; officer may thus appeal an adverse scope of duty
determination after a proper contested case hearing has been held pursuant to
chapter 91.  89 H. 221 (App.), 971 P.2d 310.