(A) By virtue of ILCS Ch. 55, Act 5, § 5-1003 and ILCS Ch. 745, Act 10, § 2-301, the county is authorized to indemnify the Public Defender, Assistant Public Defenders and other employees of the office of the Public Defender. The County Board believes and hereby declares that it is in the best interests of the county to indemnify the Public Defender, Assistant Public Defenders and other employees of the office of the Public Defender for actions performed in the scope of their employment in the manner provided by law.
(B) To the fullest extent permitted by the Constitution of the state and applicable law, each of the following officials and employees of the county, viz, the Public Defender, Assistant Public Defenders and employees of the office of the Public Defender shall be indemnified, defended and held harmless by the county from and against all costs, liabilities, expenses of investigation, judgments and amounts paid in settlement which may be imposed upon or reasonably incurred or paid by the 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 or her being or having been the official or the employee of the county, whether or not he or she continues to be the official or employee at the time of the claim, action, suit, proceeding or investigation; 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 the official or employee is finally adjusted to be guilty of willful and wanton misconduct in the performance of his or her duties as the official or employee;
(2) Any payment, expense or cost arising out of a settlement of any claim, action, suit or proceeding, unless the settlement shall be approved by the court having jurisdiction over the claim, action, suit or proceeding, with express knowledge of the existence of the indemnification provided hereby, or the settlement shall have been made upon the opinion of legal counsel representing the Board, to the effect that there is no reasonable ground for any finding of willful and wanton misconduct on the part of the official or employee and that the anticipated cost of the settlement will not substantially exceed the estimated cost and expense of defending the claim, action, suit or proceeding to a final conclusion;
(3) Any liability or judgement payable to the county itself; and
(4) The cost of independent legal representation in any action, suit or proceeding if the county offers or otherwise indicates its willingness to provide a legal defense with respect to the claim, action, suit, proceeding or investigation.
(C) The foregoing rights of indemnification shall be in addition to any other rights to which the official or employee may otherwise be entitled as a matter of law.
(1980 Code, § 32.15) (Res. 00-179, passed 4-20-2000)