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A. The Village agrees to indemnify and hold harmless all employees, appointed Village officials and elected Village officials who, as a result of any claim, lawsuit, litigation, or the like is found liable for any money damages to any person, corporation, or otherwise, whether the damages are regular, punitive, or otherwise, so long as such claim, lawsuit, litigation, or the like arose out of, in connection with, or while in performance of the official duties of said employee or of said appointed or elected official.
B. The Village Attorney shall defend any claim against any person covered by subsection A of this section. Further, the Village Attorney, if required, may designate additional counsel to represent the Village's interest and that of the employee or official involved. In the event of a conflict of interest between the Village Attorney and the employee or official involved, the employee or official shall have the right to engage an attorney of his or her own choice, but the rate of pay of that attorney shall not exceed the reasonable and customary rates charged by attorneys practicing in similar areas of law in Lake County, Illinois, and in any event, the rate must be approved by the Corporate Authorities prior to his or her engagement or that attorney fees will not be so indemnified. In determining the reasonable and customary rate, the Village's tort liability insurer will be asked to provide a schedule of fees that it pays to outside counsel in similar cases, and in no event shall the reasonable and customary rate that is approved exceed the highest rate on such a schedule.
C. The provisions of subsections A and B of this section notwithstanding, the Village shall not hold harmless or defend any employee or an appointed or elected official who is found guilty of intentional torts or wilful, wanton, or fraudulent acts.
D. The Village reserves the right to repeal this section at any time; however, such repeal shall only operate prospectively, and any claim arising prior to its repeal shall be indemnified, subject to subsection C of this section. (Ord. 07-09-17, 9-4-2007)
When it is necessary for the Village to charge for equipment use or, in the case of disaster or other emergency, request reimbursement for equipment used, the current schedule of equipment rates adopted and published by FEMA (Federal Emergency Management Agency) shall be used. The current schedule of equipment rates can be viewed through internet access at: www.fema.gov/government/grant/pa/eqrates.shtm
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A printed copy of the current schedule of equipment rates will be maintained on file in the Village. (Ord. 09-12-45, 12-21-2009; amd. Ord. 19-03-08, 3-11-2019)
All personnel costs associated with the operation, delivery or use of any Village equipment will be billed at actual costs including straight time and overtime salary plus any and all identifiable indirect costs including, but not limited to, any FICA contributions or employee benefits. (Ord. 09-12-45, 12-21-2009)
A. There is hereby adopted by reference, as if fully set out herein, the "Village of Antioch Fiscal Policy Manual" initially adopted by Resolution 15-67 on August 3, 2015 (hereinafter "manual").
B. The Village Board, upon a two-thirds (2/3) vote in favor of an amendatory ordinance, reserves the right, from time to time, to revise, add to, supplement or discontinue any of the policies, rules or requirements described in the manual.
C. The fiscal policy manual is intended to be the final statement of the intent of the Village Board on the matters set forth therein. Anything requiring a variance from the procedures and policies set forth in that manual must be brought before the Board for specific approval in the form of a resolution.
D. The Mayor, Village Administrator and particularly the Treasurer/Chief Financial Officer shall be responsible for overseeing the enforcement of the policies contained within the manual, and for the direction of the activities of all employees involved in any aspect relative to the same. If an issue arises in the meaning and interpretation of a term within the manual, the question shall first be brought to the Village Administrator. If the Administrator is comfortable with issuing an opinion, his or her interpretation of any provision of the manual shall be final. If he or she is not comfortable in any respect, the matter shall be referred to the Village Board for discussion and decision. (Ord. 16-01-02, 1-18-2016)
Consistent with the provisions of 65 Illinois Compiled Statutes 5/1-2-1, the Village Attorney, in consultation with the Administrator and Finance Director, may retain collection agencies and collection attorneys to collect unpaid debts and financial defaults. Any and all fees incurred by the Village in respect to such collectors shall be additional obligations of the debtors, and shall be added to the amounts subject to collection. (Ord. 16-10-25, 10-3-2016)
The purpose of this section is to provide a fair and efficient method of determining the eligibility of a former employee for the benefits enumerated under the Public Safety Employee Benefits Act (820 ILCS 320/1 et seq.) through the process of administrative hearings. All benefits provided former police officers pursuant to the Public Safety Employee Benefits Act (Act) will be consistent with the Act.
The system of the administrative hearing shall be comprised of a hearing officer whose power and authority and limitations are as follows:
A. Powers of the Hearing Officer. The hearing officer shall have all of the powers granted under common law relative to the conduct of an administrative hearing including the power to:
1. Preside over all village hearings involving the Public Safety Employee Benefits Act (820 ILCS 320/1 et seq.);
2. Administer oaths;
3. Hear testimony and accept evidence that is relevant to the issue of eligibility under the Public Safety Employee Benefits Act (820 ILCS 320/1 et seq.);
4. Issue subpoenas to secure attendance of witnesses and the production of relevant papers or documents and other evidence upon the request of the parties or their representatives;
5. Rule upon objections in the admissibility of evidence;
6. Preserve and authenticate the record of the hearing and all exhibits in evidence introduced at the hearing;
7. Issue a determination based on the evidence presented at the hearing, the determination of which shall be in writing and shall include a written finding of fact, decision and order.
B. Hearing Officer. The Mayor is hereby authorized to appoint a person or persons to hold the position of a hearing officer for each and every individual hearing that shall come before this village. In making said selection, the Mayor shall consider all pertinent information including, at a minimum:
1. The candidate's ability to comply with the job description as set forth herein;
2. Background and performance data made available to the Mayor on file with the village or otherwise obtained by the Village;
3. The candidate must be an attorney licensed to practice law in the State of Illinois for at least five (5) years and have knowledge of and experience in employment and labor law, general civil procedure, the rules of evidence, and administrative practice.
C. Notice of PSEBA Claim. The system of administrative hearings for determination of police officers eligibility for benefits under the Public Safety Employee Benefits Act (820 ILCS 320/1 et seq.) shall be initiated by the serving of a written notice on the Village Administrator by any police officer (or family representative).
D. Application Process. Any applicant for PSEBA benefits must fully complete a PSEBA application in the format provided by the Village.
1. In general, the application will require the PSEBA applicant to state in full detail the nature of the former employee's claim giving full particulars thereof, i.e., date, time, place, nature of injury, and any other factual circumstances surrounding said incident giving rise to said claim.
2. The applicant must describe in detail how the injury or death resulted from:
a. As a result of the officer's response to fresh pursuit;
b. In response to what is reasonably believed to be an emergency;
c. As a result of an unlawful act perpetrated by another; and/or
d. During participation in the investigation of a criminal act.
3. The applicant shall request the benefits enumerated under the Public Safety Employee Benefits Act (820 ILCS 320/1 et seq.) and further request the setting of a hearing for the eligibility to receive said benefits.
4. The claim shall be submitted within sixty (60) days of the date the disability pension has been awarded by the pension board.
E. Authorization. Any applicant for PSEBA benefits must execute a signed PSEBA medical authorization release which authorizes the collection of information related to the injury, including, but not limited to: disability pension records, workers' compensation records, medical records and accident incident reports.
F. No Review until Complete Application is Filed. The Village's initial review of the PSEBA application shall not occur until the application is fully completed and all required information is submitted or otherwise obtained.
G. Hearing Procedures. An administrative hearing shall be held to adjudicate and determine whether the former public safety employee is eligible for benefits under the Public Safety Employee Benefits Act (820 ILCS 320/1 et seq.). If the former employee is found eligible, the employee benefits shall be consistent with the Act.
1. Time and Date. Hearings shall be held on the date, time and place as established by the Village with appropriate notice served upon the former public safety employee.
2. Record. All hearings shall be attended by a certified court reporter and a transcript of all proceedings shall be made by said certified court reporter.
3. Procedures. The Village and the petitioning former public safety employee shall be entitled to representation by counsel at said hearing and may present witnesses, may present testimony and documents, may cross-examine opposing witnesses, and may request the issuance of subpoenas to compel the appearance of relevant witnesses or the production of relevant documents.
4. Administrative Hearing Rules. The Rules of Procedure in Administrative Hearings as set forth by the Illinois Department of Labor regulations (56 Ill. Admin. Code 120) shall apply.
5. Burden of Proof. The Applicant shall have the obligation and burden of proof to establish eligibility for PSEBA benefits. The standard of proof is a preponderance of the evidence.
6. Final Determination. The determination by the hearing officer of whether the petitioning former public safety employee is eligible for the benefits under the Public Safety Employee Benefits Act (820 ILCS 320/1 et seq.) shall constitute a final determination for the purpose of judicial review as provided by law.
7. Expedited Hearing. The hearing procedures set forth in this Code may be expedited by the Village in instances where the eligibility for benefits is obvious and without doubt.
H. Eligibility for Paid Health Insurance Premiums
1. Basic Group Health Plan. An applicant that has been approved for eligibility for PSEBA benefits (the "PSEBA beneficiary") will be enrolled in the Village's identified basic health group plan. The basic group health plan will be determined annually at the start of the benefit open enrollment period. If the PSEBA beneficiary chooses to enroll in any other group health plan offered by the Village of Antioch, the PSEBA beneficiary must pay the difference in insurance premiums. The basic group health insurance plan does not include any supplemental coverage such as dental, vision or life insurance, nor does it cover the cost of any co-pays or deductibles.
2. Other Benefits. Health insurance benefits payable from any other source will reduce the benefits payable from the Village. Each PSEBA beneficiary shall sign an affidavit attesting that the PSEBA beneficiary, his or her spouse, and eligible dependents are not eligible for insurance benefits from any other source. When and if the PSEBA beneficiary, his or her spouse, or eligible dependents are eligible for benefits from another source, the PSEBA beneficiary shall notify the Village of that other source no later than five (5) business days from the other coverage taking effect.
3. Disclosure of Health Insurance Coverage. The PSEBA beneficiary has an on-going obligation and shall update health insurance coverage information provided and failure to do so may result in the denial of benefits and/or reimbursement to the Village for duplicate coverage. If duplicate coverage has been received by a PSEBA beneficiary, further PSEBA benefits may be denied until the Village has been fully reimbursed by the PSEBA beneficiary for benefits that would not have been paid due to the other health coverage.
4. Reimbursement. Receipt of health insurance benefits from other sources without notice to the Village shall require the PSEBA beneficiary to reimburse the Village for the value of those benefits.
5. Medicare Eligibility. The PSEBA beneficiary shall notify the Village when he or she becomes Medicare eligible regardless of the status of the enrollment period, so the Village may assist with the transition to Medicare coverage and/or adjust health insurance benefits or PSEBA benefits accordingly. (Ord. 22-08-48, 8-24-2022)