§ 31.02  LIABILITY.
   (A)   To the fullest extent permitted by the Constitution of the State of Illinois of 1970 and all other applicable laws, all village officers and employees and each member of each board, commission, or panel of the village, or by appointment of any individual by a village officer, established pursuant to applicable state statute, ordinance, or resolution of the village, shall be indemnified, defended, and held harmless by the village 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 officer, employee, or appointee in connection or resulting from any claim made against him or her, or any action, suit, proceeding, or investigation in which he or she may be involved by reason of his or her having been such officer, employee, or appointee; provided, however, that the foregoing indemnity shall not extend to any of the following:
      (1)   Any liability or cost with respect to any matter in which the officer, employee, or appointee is finally adjudged to be guilty of a criminal act;
      (2)   Any liability or judgment against an officer, employee, or appointee which is payable to the village itself or where the village was injured and the individual either obtained personal benefit or financial gain as a result of his or her wrongful conduct;
      (3)   Any liability or cost incurred as a result of a village initiated or approved investigation into the misconduct of the officer, employee, or appointee;
      (4)   Any liability or cost incurred as a result of the officer, employee, or appointee’s failure to reasonably cooperate in the defense of such claim, action, suit, or proceeding; or
      (5)   Any liability excluded by a written waiver from the officer, employee, or appointee.
   (B)   The foregoing rights of indemnification shall be in addition to any other right to which such officer, employee, or appointee may otherwise be entitled as a matter of law under state statute or village ordinance.
(Res. 99-11, passed 10-11-1999)