If any claim or action is instituted against the Ethics Officer based on an injury allegedly arising out of an act or omission occurring within the scope of his or her duties as such Ethics Officer, the Village may elect to do any one or more of the following:
1. Appear and defend against the claim or action;
2. Indemnify the Ethics Officer for his or her court costs and reasonable attorneys' fees incurred in the defense of such claim or action;
3. Pay or indemnify the Ethics Officer for a judgment based on such claim or action; and/or
4. Pay or indemnify the Ethics Officer for a compromise or settlement of such claim or action, provided that the settlement is approved by a majority of the members of the Board of Trustees.
Provided however that the foregoing indemnity shall not extend to any of the following;
1. Any liability, attorney fees or costs with respect to any matter in which the Ethics Officer is finally adjudged to be guilty of a criminal act; to the extent that any criminal proceeding shall be pending at the time of indemnification or any criminal proceeding shall thereafter be instituted, any indemnification paid or promised shall be conditioned upon the termination of the criminal proceeding without a finding of guilt;
2. Any liability or judgment against the Ethics Officer which is payable to the Village itself or where the Village was injured and the Ethics Officer obtained personal benefit or financial gain as a result of his or her wrongful conduct;
3. Any liability, attorney fees or costs incurred as a result of a Village initiated or approved investigation into the misconduct of the Ethics Officer;
4. Any liability, attorney fees or costs incurred as a result of the Ethics Officer failing to reasonably cooperate or participate in the defense of any claim, action, suit or proceeding with any person, party or entity.
(Ord. 5510, 5-4-20)