(a) If there is no liability or other insurance in place that provides coverage against claims made against any elected official, appointed official or employee of the village, the village shall hold harmless and indemnify such elected official, appointed official or employee from any lawsuit or claim filed against him or her as a result of his or her conduct while acting in his or her official capacity as an official or employee of the village, provided that the official or employee has not acted in a malicious manner, has not acted in a manner beyond the scope of his or her employment and/or has not acted in a manner known or that should have been known to him or her to be improper, illegal or that disregards his or her duties and/or responsibilities to the village.
(b) The village’s legal counsel will review the matter with the employee or official against whom the claim is made to obtain said employee’s or official’s version of the facts surrounding the claim. However, nothing in this section shall obligate the village to consult with or obtain the permission of any official or employee prior to settling or otherwise resolving any claim made against such official or employee.
(c) If any claim is made for which the village has responsibility pursuant to subsection (a) hereof, the village shall also pay and be responsible for the attorney fees and expenses of suit, provided that the village shall have the sole and exclusive right to choose the attorney who will represent the village and the official or employee involved.
(Ord. 2844, passed 12-20-10)