(A) It is the public policy of the State of Illinois that members of governmental bodies shall not be liable in damages for the exercise of discretion in determining policies. This public policy is set forth in ILCS Ch. 745, Act 10, § 2-201, which provides:
Except as otherwise provided by statute, a public employee serving in a position involving the determination of policy or the exercise of discretion is not liable for an injury resulting from his act or omission in determining policy when acting in the exercise of such discretion even though abused.
(B) Therefore, if any claim or action not covered by insurance is instituted against any member of the City Council, in connection with any act or omission in determining policy, the city shall:
(1) Appear and defend the claim or action; and
(2) Pay or indemnify the member of the City Council for a judgment and court costs based on such claim or actions; and
(3) Pay or indemnify the member of the City Council for a compromise or settlement of such claim or action, providing the settlement is approved by the City Council.
(Ord. 02-43, passed 12-9-02)