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The determination of whether an official or employee of the City was acting within the scope or course of his or her service or employment with the City shall be made by his department head, or in the case of a legal action against the department head, by the City Manager; and in the case of an elected official of the City, by the City Attorney; in the event the determination cannot be made with reasonable certainty, then he or she shall have the option to refer the matter to the Superior Court of the State of Washington for Franklin County for a determination. [Ord. 1865 § 1, 1977; Code 1970 § 2.54.060.]