[§52D-9]  Determination of scope of duty. The determination of whether an act, for which the police officer is beingprosecuted 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 bythe county, shall be made by the police commission of the county.  Beforemaking a determination, the police commission shall consult the county attorneyor the corporation counsel, who may make a recommendation to the policecommission with respect thereto if the county attorney or corporation counselso desires.  The determination of the police commission shall be conclusive forthe purpose of this section and section 52D-8. [L 1989, c 136, pt of §2]

 

Case Notes

 

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