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G-776 - 03/22/2005 - POARD - Ordinances1 ORDINANCE NO 2005 - IDEM- BD +PL -EX1 -G -776 AN ORDINANCE ADOPTING A COMPREHENSIVE AMENDMENT TO CHAPTER 3 (GENERAL PENALTY) OF TITLE 1 (ADMINISTRATION) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK, ILLINOIS TO PROVIDE FOR INDEMNIFICATION OF VILLAGE OFFICERS AND EMPLOYEES WHEREAS, the Illinois Local Government Tort Immunity Act (745 ILCS 10/2 -302 and 10/9 -102, 9 -103) authorizes a local public entity to elect, in its discretion, to appear, defend and indemnify an officer or employee, which shall include members of any of its boards, commissions and committees, for any claim or action which is instituted against that person based on an injury allegedly arising out of an act or omission occurring within the scope of employment or duties, to pay or indemnify the employee or member for a judgment based on any such claim or action, or to pay or indemnify the employee or member for a compromise or settlement of such claim or action, and to protect itself against any liability, property damage or loss which may be imposed upon the local public entity or one of its employees or members by any means including point self - insurance, and WHEREAS, the President and Board of Trustees, have determined that it is necessary and desirable to protect certain officers, employees and members of boards, commissions or committees of the Village from incurring personal liability for acts or omissions occurring within the scope of the employment or official duties for the Village, and has protected itself by its participation in a point self - insurance pool, NOW, THEREFORE, 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 the provisions of the preamble hereinabove set forth are hereby adopted as though fully set forth herein Section 2 That Chapter 3 (General Penalty) of Title 1 (Administration) of the Village Code of the Village of Oak Brook is amended to read as set forth in the attached exhibit labeled Exhibit A and incorporated herein by reference Section 3 All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of the conflict Section 4 This ordinance shall be in full force and effect from and after its passage, approval and publication as required by law APPROVED THIS 22nd day of March, 2005 -4 e Ke dn Qu inlan V e Preside/ Ayes Nays Ordinance 2005- IDEM- BD +PL- EX1 -G- Comprehensive Amendment to Chap 3, Title 1 re Indemnification Page 2 of 2 PASSED THIS 22nd day of March, 2005 Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis None Absent Non ATTEST p0 Linda K Gonnella, CMC Village Clerk wmvi EXHIBIT A CHAPTER 3 GENERAL PROVISIONS SECTION. 1 -3 -1 General Penalty 1 -3 -2 Right of Entry 1 -3 -3 Indemnification of Village Officers and Employees 1 -3 -1 GENERAL PENALTY A Penalty, Application The violation of, or failure to comply with any provision of this Code shall constitute an offense against the Village, and where no specific penalty is provided therefor, shall subject the offender, upon conviction, to a fine of not to exceed seven hundred fifty dollars ($75000) B Parental Responsibility- The parent or legal guardian of an unemancipated minor defendant who resides with such parent or legal guardian shall be liable for any fine or condition of restitution or reparation imposed by the court upon a minor hereunder, provided, that the minor has not paid such fine or made restitution or reparation within the time ordered by the court, and further provided that such parent or legal guardian has been served with a notice to appear in the original cause as provided by law C Payment Enforced The payment of fines and costs of prosecution may be enforced summarily against the property of the delinquent D Nuisance Abatement Any condition caused or permitted to exist in violation of any of the provisions of this Code or any ordinance of the Village shall be deemed a public nuisance and shall be subject to abatement by the Village E Separate Offense Each and every act, action or thing done in violation of the provisions of this Code, or ordinance of the Village, shall be construed, deemed and taken as a separate and distinct violation of such provisions of this Code, and in every event that a violation of this Code, or any of the provisions hereof, shall continue, each day of such continuance shall be deemed, construed and taken as a separate and distinct violation of the provisions of this Code that such condition so allowed to continue shall violate (Ord G -577, 10 -22 -1996) 1 -3 -2 RIGHT OF ENTRY Whenever any officer or employee of the Village is required or authorized by any State law, the provisions of this Code, any ordinance or resolution, or rules and regulations or orders issued thereunder, in order to carry out his duties thereunder, to enter any premises or vehicle for the purpose of making an inspection thereof or of anything therein contained or for the purpose of carrying out his duties, such officer or employee shall have the right to enter any such premises or vehicle at any reasonable time in pursuance of such duties, provided, that such entry and inspection shall be made in a lawful manner (1977 Code § 1 -9) a 1 -3 -3 INDEMNIFICATION OF VILLAGE OFFICERS AND EMPLOYEES A To the fullest extent permitted by the Constitution of the State and applicable law, including 745 ILCS 10/2 -302 and 10/9 -102, any officer or employee, which shall include members of any boards, commissions or committees thereof, shall be indemnified, defended, held harmless by the Village from and against all liabilities for compensatory damages, expenses of investigation, judgments and amounts paid in settlement 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 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 as such officer or employee, whether or not such officer or employee holds such position at the time of such claim, action, suit proceeding or investigation, provided, however, that such indemnification may be provided by the Joint self - insurance pool in which the Village is a member, or by a commercial insurance company from which the Village has purchased a policy providing for such coverage, in which case the Village shall not be obligated to provide additional indemnity or defense, and further provided that the foregoing indemnity shall not extend to any of the following 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 willful 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, action, suit or proceeding, unless (a) 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 the Village Attorney to the effect that there is no reasonable grounds for any finding of bad faith, actual malice, willful 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, 3 Any liability Judgment or amount paid in settlement in connection with or resulting from any claim, action, suit, or proceeding in which such officer or employee and the Village itself or officers of the Village acting in their governmental capacities are adverse parties, or 4 The cost of independent legal representation in any such action, suit or proceeding, if the Village offers to provide a legal defense by an attorney or attorneys chosen by the Village, by the Village's joint self - insurance pool, or by the Village's commercial insurance company, with respect to such claim, action, suit, proceeding or investigation (a) 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 (b) Indemnification shall be provided by the Village to police officers as provided by applicable law, including 65 ILCS 5/1 -4 -6