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