Village of Lincolnwood, IL Article 6 INDEMNIFICATION OF PUBLIC OFFICIALS, OFFICERS AND EMPLOYEES

[Added 10-16-2012 by Ord. No. 2012-3021]

1-6-1 In general.

The Village shall defend indemnify, and hold harmless its current and former officials, commissioners, board members, officers and employees, as well as representatives of the Village serving on other bodies who have been appointed by the President or by the Board of Trustees pursuant to this Code (the "protected personnel") from and against any civil and administrative investigation, claims, actions, or proceedings, and any judgments, fines, liabilities, and other costs thereof, including reasonable attorneys' fees and any amount paid in any settlement approved in advance by the Board of Trustees, based upon any act, error, or omission that could reasonably be construed to be within the exercise of the lawful duties of such protected personnel.

1-6-2 Exceptions.

The Village's undertaking pursuant to this article shall not apply to the provision of defense or indemnification to any protected personnel in any such investigation, claim, action, or proceeding instituted by the Village against such protected personnel.

1-6-3 Punitive damages.

In addition to the general indemnification and defense undertaking in Section 1-6-1 of this Code, the Village shall, to the extent permitted by law, defend, indemnify, and hold harmless, or provide insurance coverage for any protected personnel from and against claims, actions, or proceedings in which punitive damages are sought from or awarded against any such protected personnel, unless the Board of Trustees determines that such damages are sought or awarded as the result of action or activity outside of the lawful duties of such protected personnel.

1-6-4 Choice of counsel.

The Village Attorney shall defend any protected personnel from and against any claim, action, or proceeding within the scope of the Village's indemnification undertakings pursuant to this article. At the request of any protected personnel or upon the recommendation of the Village Attorney, the Board of Trustees may authorize the appointment of another attorney approved by the Village Attorney to provide the defense for the protected personnel.

1-6-5 Additional rights; successors.

The undertakings by the Village pursuant to this article shall not be exclusive of any other rights that any protected personnel may have as a matter of law. In the event of the death of any protected personnel, the benefits provided in this article shall inure to the benefit of the lawful successors of the protected personnel.

1-6-6 Authorization for payments.

The liability of the Village for payments pursuant to this article may be insured to the extent permitted by law, but to the extent not insured shall be payable out of the funds and monies of the Village.

1-6-7 Voting.

On any matters coming before the Board of Trustees for a vote pursuant to this article, it is hereby declared that such matters do not involve any work, contract, or business with the Village, nor the provision of materials, merchandise, property, services, or labor to the Village. Accordingly, no member of the Board of Trustees shall be required to recuse himself or herself from considering or voting on such matters in which such member is the protected personnel in question.