A. Officials Designated: The following officials and employees of the village shall be indemnified, defended and held harmless by the village from and against all liabilities, expenses or investigation, judgments and amounts paid in settlement which may be imposed upon or reasonably incurred or paid by such official or employee in connection with or resulting from any claim made against him, or any action, suit, proceeding or investigation in which he may be involved, by reason of his being or having been such official or such employee of the village, whether or not he continues to be such official or employee at the time of such claim, action, suit, proceeding or investigation:
Mayor
Each member of the village council (i.e., each commissioner)
Village clerk and collector and each deputy or acting village clerk or collector
Village treasurer and each deputy or acting village treasurer
Village attorney
Superintendents of village departments
Chief of police
Chief of the village fire department
Each member of any board or commission of the village established pursuant to applicable law or by ordinance of the village
B. Acts Not Indemnified: The foregoing indemnity shall not extend to any of the following:
1. Any liability or cost with respect to any matter as to which such official or employee is finally adjudged to be guilty of bad faith, actual malice or wilful and wanton misconduct in the performance of his duties as such official or employee;
2. Any payment, expense or cost arising out of a settlement of a claim, action, suit or proceeding, unless: a) such settlement shall be approved by the court having jurisdiction over such claim, action, suit or proceedings, with express knowledge of the existence of the indemnification provided hereby; or b) such settlement shall have been made upon the written opinion, of independent legal counsel selected by the village council, to the effect that there is no reasonable grounds for any finding of bad faith, actual malice or wilful and wanton misconduct on the part of such official or employee and that the anticipated cost of such settlement will not substantially exceed the estimated cost and expense of defending such claim, action, suit or proceeding to a final conclusion;
3. Any liability or judgment payable to the village itself;
4. The cost of independent legal representation in any such action, suit or proceeding if the village offers or otherwise indicates its willingness to provide a legal defense with respect to such claim, action, suit, proceeding or investigation.
The foregoing rights of indemnification shall be in addition to any other rights to which such official or employee may otherwise be entitled as a matter of law. (Ord. O-26-77, 11-14-1977)