The Corporation Counsel & NOT the police commission has the sole authority to defend lawsuits against the City for Police conduct & to determine whether or not  a City employee was within the course and scope of his duties as a police officer. If the employee with not within the course and scope of his duties to serve a legitimate City function, he would NOT be entitle to a legal defense paid for by the City.   Years ago, a police office while on duty and wearing his police uniform, statutory raped a 14 year old girl in his custody.  He argued he is entitled to be defended by the City because, he was on City time and working for the City at the time of the rape. However, the CC decided he was NOT in within the course and scope of his duties as a police officer when he raped her. It was a frolic and left city work when he raped her. The same is true for everyone, when you do illegal acts to benefit yourself, you are not entitled to be defended by the City.  You are on your own. Sorry.