§ 2-412. Indemnification of village personnel.

(a)

The village shall pay on behalf of any village official, members of appointed boards or commissions, municipal employees and administrative personnel of the village all sums which such village official, members of appointed boards or commissions, municipal employees and administrative personnel become obligated to pay by reason of liability imposed by law upon such village official, members of appointed boards or commissions, municipal employees and administrative personnel, individually, except as set forth in this section, for claims or other causes of action committed in good faith within the scope of their employment and duties, and which claim was not the result of any willful or wanton act of such village official, members of appointed boards or commissions, municipal employees and administrative personnel in the discharge of such duties.

(b)

The provisions of subsection (a) of this section shall not be applicable if the village carries insurance policies covering such acts or omissions unless a cause of action should result in a judgment in excess of policy limits. In no event shall subsection (a) of this section be applicable in the case of an award of exemplary or punitive damages.

(c)

The village shall defend any litigation covered by this section either by its legal counsel or other counsel designated and retained by the village for such purpose.

(d)

The assumption of the defense of any such litigation shall not preclude the defense being conducted under a reservation of rights, indemnification or any other legal rights of the village.

(e)

If the litigation is covered by a policy of insurance of the village and the policy covers litigation or costs of defense, it shall be discretionary with the village as to whether it designates its legal counsel or other attorneys retained by it to assist in the defense.

(f)

Any village official, members of appointed boards and commissions, municipal employees and administrative personnel whom the village may be obligated to defend and/or indemnify shall cooperate fully with the village and its legal counsel in defending any suit or litigation and shall be available for interviews, inspections, depositions, hearings, trials and other proceedings as may be necessary or convenient for the village or its legal counsel.

(Ord. No. 06-93, §§ 1—4, 3-16-1993)

State law reference

Authority, 745 ILCS 10/1-101.