G-522 - 10/26/1993 - BOARD OF TRUSTEES - Ordinances ORDINANCE 93-BD-G-522
AN ORDINANCE INDEMNIFYING
THE VILLAGE PRESIDENT AND TRUSTEES
IN CERTAIN CASES
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF
OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: That Section 2-27 is hereby added to the Code of Ordinances
of the Village of Oak Brook as follows:
"Sec. 2-27. Indemnification of the Village President and
Trustees.
A. This Board of Trustees finds as follows:
1. That it is the public policy of the State that members of
governmental bodies shall not be liable in damages for the
exercise of discretion in determining policies. This public
policy is set forth in Section 10/2-201 of Chapter 745 (Local
Governmental and Governmental Employees Tort Immunity Act) of
the Illinois Compiled Statutes, which provides:
'Except as otherwise provided by statute,
a public employee serving in a position
involving the determination of policy or
the exercise of discretion is not liable
for any injury resulting from his act or
omission in determining policy when acting
in the exercise of such discretion even
though abused. '
2. That it is the public policy of the State that members of
governmental bodies shall not be liable in damages for acts or
omissions in the execution or enforcement of any law, unless
such acts or omissions constitute willful and wanton conduct.
This public policy is set forth in Section 10/2-202 of Chapter
745, Illinois Compiled Statutes, which provides:
'A public employee is not liable for his
act or omission in the execution or
enforcement of any law unless such act or
omission constitutes willful and wanton
conduct. '
3. That it is the policy of the State that the members of
governmental bodies shall not be liable for punitive or
exemplary damages for acts or omissions made while serving in an
official executive, legislative, quasi-legislative, or quasi-
Ordinance 93-BD-G-522
Indemnifying the Village
President and Trustees
Page 2
judicial capacity. This public policy is set forth in Section
10/2-102 of Chapter 745, Illinois Compiled Statutes, which
provides in part:
'In addition, no public official is liable
to pay punitive or exemplary damages in
any action arising out of an act or
omission made by the public official while
serving in an official, executive,
legislative, quasi-legislative or quasi-
judicial capacity, brought directly or
indirectly against him by the injured
party or a third party. '
B. Therefore, if any claim or action not covered by insurance,
including claims for exemplary or punitive damages, is instituted
against any member of the Board of Trustees, including the Village
President, in connection with any acts or omissions in determining
policy, or in connection with any act or omission in the execution
or enforcement of any law, unless such act or omission constitutes
willful and wanton conduct, the Village shall:
1. Appear and defend against the claim or action; and
2. Pay or indemnify the member of the Board of Trustees for a
judgment and court costs based on such claim or action; and
3. Pay or indemnify the member of the Board of Trustees for a
compromise or settlement of such claim or action, providing the
settlement is approved by the Board of Trustees."
Section 2: That this ordinance shall be in full force and effect from
and after its passage, approval and publication as required by law.
Section 3: That the Village Clerk is hereby authorized and directed to
publish this ordinance in pamphlet form in the manner provided by law.
PASSED THIS 26th day of October, 1993.
Ayes: Trustees Bartecki, McInerney, Payovich, Shumate and Skinner
Nays: None
Absent: Trust Kenny -
Abstain: None
ordinance 93-BD-G-522
Indemnifying the Village
President and Trustees
Page 3
APPROVED THIS c;7s)C�/day of October, 1993.
Village President
ATTEST:
Village Clerk
J
Approved as to Form:
Village Attorney
Published 10-27-93 Pamphlet fo=
Date Paper
Not Published