Farewell Bruce Herring - we hardly knew ye... or cared to know ye.

[...]
Deputy City Manager Bruce Herring announced Thursday he will resign next month as a result of the San Diego City Council's refusal to indemnify him and others against litigation filed by the city attorney.
[...]
Herring said his decision stemmed from the council's decision Tuesday not to pay legal defense fees for eight former and current city pension officials in a lawsuit brought by City Attorney Michael Aguirre.
[...]
Herring stated that "the performance of duties referenced in this civil litigation was conducted under the authority provided by the City Council and city manager and approved by independent fiduciaries, actuaries and the City Attorney's Office."
[...]

Yet another San Diego Official bails out. I'm not so sure about what is going on...

Herring is claiming that he should have his legal fees paid by the city for the investigation from Aguirre's office. My understanding is that only works in civil suits - not state. Aguirre is government, so Herring wouldn't be protected - this isn't a civil suit. Am I right?