A. To the fullest extent permitted by the Constitution of the State and applicable law, including 745 Illinois Compiled Statutes 10/2-302 and 10/9-102, any officer or employee of the Village including members of any boards or commissions thereof, shall be indemnified, defended and held harmless by the Village from and against all liabilities for compensatory damages, expenses of investigation, judgments and amounts paid in settlement (including reasonable attorney fees and costs, subject to subsection A3 of this section) which may be imposed upon or reasonably incurred or paid by such officer or employee in connection with or resulting from any claim made, or any action, suit, proceeding or investigation ("claim") in which such officer or employee may be involved, and which allegedly arose out of an act or omission occurring within the scope of employment or official duties, i.e., simple or ordinary negligence (including a claim in which the officer or employee and the Village itself or other officers of the Village, acting in their governmental capacities, are adverse parties), whether or not such officer or employee holds such position at the time of such claim; provided, however, that the foregoing indemnity shall not extend to any of the following:
1. Any liability or cost with respect to any matter as to which such officer or employee is finally adjudged to be guilty of bad faith, or actual malice, or wilful and wanton misconduct in the performance of the duties as such officer or employee, such activity being outside the scope of employment or official duties;
2. Any payment, expense or cost arising out of a settlement of any claim, unless:
a. Settlement shall be approved by the court having jurisdiction over such claim, with express knowledge of the existence of the indemnification provided hereby; or
b. Such settlement shall have been made upon the written opinion of the Village Attorney to the effect that there is no reasonable grounds for any finding of bad faith, actual malice, wilful and wanton misconduct or other acts outside the scope of official duties or employment on the part of such officer or employee that proximately caused the damage complained of; and
3. The cost of independent legal representation in any such claim, if the Village offers or otherwise indicates its willingness to provide a legal defense with respect to such claim, provided, however, that with respect to claims in which such officer or employee and the Village itself or other officer of the Village acting in their governmental capacities, are adverse parties, the cost of independent legal representation shall be paid for by the Village upon submittal of documentation substantiating such cost; provided further, that in the event the officer or employee is finally adjudged to be guilty of bad faith, or actual malice, or wilful and wanton misconduct in the performance of his duties with respect to such claim, the officer or employee shall, immediately after such judgment, reimburse the Village for all costs theretofore paid by the Village on behalf of such officer or employee. (Ord. 01-16, 10-2-2001)
B. The rights of indemnification as provided in this section shall be in addition to any other rights to which such officer or employee may otherwise be entitled as a matter of law.
C. Indemnification shall be provided by the Village to police officers as provided by applicable law, including 65 Illinois Compiled Statutes 5/1-4-6. (Ord. 99-07, 3-16-1999)