[§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.