(a) To the extent allowed by law, the Village shall provide for the legal defense of any of its elected or appointed officials, officers or employees, or any former official, officer or employee, in any local, county, state or federal court, in any civil action or proceeding to recover damages for injury, death or loss to persons or property allegedly caused by an act or omission of such officials, officers or employees, if the act or omission occurred during the course of their official duties or employment and such officials, officers or employees were acting in good faith.
(b) To the extent allowed by law, the Village shall indemnify and hold harmless any of its current or former elected or appointed officials, officers or employees, or any former officials, officers or employees, in the amount of any judgment or settlement, other than a judgment for punitive or exemplary damages, against such officials, officers or employees in a state or federal court, for damages for injury, death or loss to persons or property caused by any act or omission of such officials, officers or employees if the act or omission occurred during the course of their official duties or employment and such officials, officers or employees were acting in good faith.
(c) The Village, in providing for the defense and indemnification of its current and former officials, officers or employees as set forth in this section, reserves the right to enter into a consent, judgment or settlement, and to secure releases from liability, for itself and any such officials, officers or employees, as the Village shall determine, which determination shall be final.
(d) The Village, in providing for the defense and indemnification of its current and former officials, officers or employees as set forth in this section, reserves the right to determine and retain legal counsel of its choosing and at its expense for the purpose of representing such current and former officials, officers or employees; provided, however, that such officials, officers or employees may retain their own additional legal counsel, at their sole expense, who may act as co-counsel in their defense, provided further that determinations regarding the defense or settlement of a claim shall remain solely with the Village and its appointed counsel.
(e) This section shall not apply to the following:
(1) Civil actions or claims by a Village official, officer or employee, or the collective bargaining representative of an employee, against the Village, or by the Village against an official, officer or employee or collective bargaining representative, relative to any matter arising out of the employment relationship between the official, officer or employee and the Village, including, but not limited to, disciplinary matters, grievances, workers' compensation claims or unemployment compensation claims, or by the Village against an official, officer or employee or collective bargaining representative relative to any action by the Village to recover moneys and/or damages.
(2) Criminal actions or proceedings.
(Ord. 2014-05. Passed 1-15-14.)