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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