(A) Purchase of. The City Council shall have the power to purchase liability insurance covering and insuring all municipal officers, employees and elected officials, said insurance to cover incidents occurring while in the performance of their duties, which insurance may insure, cover, and protect any liability which the municipal corporation, officer, employee or elected official may incur. When said insurance has been purchased, the city shall be responsible for all premiums and deductible charges called for by any valid liability insurance policy covering the municipal corporation, officer, employee or elected official.
(B) Indemnification.
(1) Applicability. This section applies to the fullest extent permitted by the Constitution of the state and applicable law to each of the following officials and employees, if any, of the city:
(a) The Mayor;
(b) Each member of the City Council;
(c) The City Clerk and each Deputy or Acting City Clerk;
(d) The City Treasurer and each Deputy or Acting City Treasurer;
(e) The City Collector;
(f) The City Attorney and each Staff Attorney of the city;
(g) The Finance Director;
(h) The Director of Public Works;
(i) The Zoning Administrator;
(j) The Subdivision Administrator;
(k) The Building Official;
(l) The Chief of Police; and
(m) Each member of any board or commission of the city established pursuant to applicable law or by ordinance of the city.
The above officers and employees shall be indemnified, defended and held harmless by the city from and against all liabilities, attorney's fees, costs of defense, expenses of investigation, judgments and amounts paid in settlement which may be imposed upon or reasonably incurred or paid by such official or employee in connection with 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 being or having been such official or such employee of the city, whether or not he continues to be such official or employee at the time of such claim, action, suit, proceeding or investigation; provided, however, that the city shall not indemnify any officer or employee for conduct which is a willful or wanton violation of duty.
(2) Rights shall be additional. The rights of indemnification set forth in this section shall be in addition to any other rights to which such official or employee may otherwise be entitled as matter of law.
(1993 Code, § 1-2-28)
Statutory reference:
See similar provisions, ILCS Ch. 745, Act 10, §§ 2-201 et seq.