G-840 - 09/25/2007 - BOARD - Ordinances Supporting Documentsv 7 ,�
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ITEM 10.13.1)
AGENDA ITEM
Regular Board of Trustees Meeting
of
September 25, 2007
SUBJECT: Indemnification of Village Officials
FROM: Mark H. Sterk, Village Attorney
BUDGET SOURCE /BUDGET IMPACT: - - --
RECOMMENDED MOTION: I move for passage of Ordinance G -840, An Ordinance
Repealing Certain Indemnification Requirements and Amending Chapter 3 (General
Penalty) and Chapter 4 (Elected Village Officials) of Title 1 (Administration) of the Village
Code of the Village of Oak Brook
Background /History:
Per discussion in Closed Session, I have been directed to address Sections 1 -3 -3 and 1 -4 -3 of
Title 1 of the Village Code which provide for the indemnification of Village officials with
language that mirrors parallel provisions of the Local Governmental and Governmental
Employees Tort Immunity Act. Although well intended, Sections 1 -3 -3 and 1 -4 -3 serve no
useful purpose. In fact, Section 1 -3 -3 has proved to be problematic for the Village. The attorney
representing a particular defendant in ongoing litigation has argued that the purpose of Section 1-
3-3 is to expand the Village's indemnification obligations beyond the limits of the Tort Immunity
Act. To avoid that confusion, I have prepared the attached Ordinance repealing Sections 1 -3 -3
and 1 -4 -3 of the Village Code.
Recommendation:
I recommend that this Ordinance be passed.
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