A. To the fullest extent permitted by the Constitution of the State of Illinois of 1970, and applicable law, each of the following officials and employees of the Village, viz.:
1. All persons who were, now are, or shall be lawfully elected, appointed or employed officials of the Village;
2. All members of commissions, boards or other units operated by and under the jurisdiction of the Village;
3. All employees and all persons who perform a service on a volunteer basis for the Village and under its direction and control and any persons providing services to the Village under any mutual aid or similar agreement;
4. Police and Fire Pension Boards, their trustees, commissioners and public officials; and
5. Employees and public officials of the Village serving on the board of any independent governmental or intergovernmental or not for profit organization, in which the Village has an affiliation, upon the following conditions: Service on the board is approved by the Village and furthers the interest of the Village;
shall be indemnified, defended and held harmless by the Village from and against all liabilities, 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 any action, suit, proceeding or investigation in which he may be involved, by reason of his being or having been such official or such employee of the Village, whether or not he continues to be such official or employee at the time of such claim, action, suit, proceeding or investigation.
B. 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 official or employee is finally adjudged by a court of competent jurisdiction to be guilty of bad faith, or actual malice, or wilful and wanton misconduct in the performance of his duties as such official or employee;
2. Any payment, expense or cost arising out of a settlement of any claim, action, suit or proceeding, unless: a) such settlement shall be approved by the court having jurisdiction over such claim, action, suit or proceeding, with express knowledge of the existence of the indemnification provided hereby, or b) such settlement shall have been made upon the written opinion of independent legal counsel selected by the Village Board, to the effect that there is no reasonable ground for any finding of bad faith, or of actual malice, or wilful and wanton misconduct on the part of such official or employee and that the anticipated cost of such settlement will not substantially exceed the estimated cost and expense of defending such claim, action, suit or proceeding to a final conclusion;
3. Any liability or judgment payable to the Village itself;
4. The cost of independent legal representation in any such action, suit or proceeding if the Village offers or otherwise indicates its willingness to provide a legal defense with respect to such claim, action, suit, proceeding, or investigation. (Ord. 2007-9-49, 9-21-2007)