(a) The village shall defend, indemnify and hold harmless its current and former employees against any civil, criminal or administrative investigations, claims, actions or proceedings, and any judgments, fines, liabilities and other costs thereof, including reasonable attorney's fees and any amounts paid in any settlement concurred in by the village, based upon any act, error or omission occurring within their scope of employment; except that any willful, wanton, grossly negligent or intentional act of an employee shall not be protected by the terms of this subsection. Any such costs, whether incurred or anticipated, shall require the approval of the board of trustees in order to qualify for indemnity, except where the village incurs such costs directly. This section shall not apply to provide defense or indemnification to any employee in any such investigation, claim, action or proceeding instituted by the village against such employee.
(b) The foregoing rights shall not be exclusive of any other rights that any current or former employee may have as a matter of law. The foregoing rights shall, in the case of the death of an employee, inure to the benefit of his or her successors.
(c) The liability of the village for payments hereunder 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.
(Ord. No. 86-7-1728)