§ 3.21. Indemnification of City officials.

(a)

To the fullest extent permitted by the constitution of the State of Illinois and applicable law including Illinois Revised Statute Chapter 85, Section 9-102, each of the following officials and employees of the City viz:

The Mayor

Each Alderman

The City Manager and Assistant City Manager

The City Clerk and Deputy City Clerk

The City Treasurer

The City Collector

The City Attorney and City Prosecutor

The Director of each Department of the City

The Chief of Police

The Fire Chief, and

Each member of any board or commission of the City established pursuant to applicable law or by ordinance of the City, shall be indemnified, defended and held harmless by the City 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 official or employee in connection with or resulting from any claim made against him, or any action, suit, proceeding or investigation in which he may be involved, by reason of his being or having been such official or such employee of the City and acting within the scope of his employment or official duties, whether or not he continues to be such official or employee at the time of such claim, action, suit, proceeding or investigation; provided, however, that the foregoing indemnity shall not extend to any of the following:

1.

Any liability or cost with respect to any matter as to which such official or employee is finally adjudged to be guilty of bad faith, or actual malice, or willful and wanton misconduct in the performance of his duties as such official or employee, such activity being outside of the scope of his employment or official duties;

2.

Any payment, expense or cost arising out of a settlement of any claim, action, suit or proceeding, (i) such 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 (ii) such settlement shall have been made upon the written opinion of the City Attorney to the effect that there is no reasonable ground 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 official or employee that proximately caused the damage complained of, and that the anticipated cost of such settlement will not substantially exceed the estimated cost and expense of defending such claim, action, suit or proceeding to a final conclusion;

3.

Any liability or judgment payable to the City itself;

4.

The cost of legal representation in any such action, suit or proceeding if the City offers or otherwise indicates its willingness to provide a legal defense with respect to such claim, action, suit, proceeding or investigation.

(b)

The foregoing rights of indemnification shall be in addition to any other rights to which such official or employee may otherwise be entitled as a matter of law.

(c)

Indemnification shall be provided by the City to police officers as provided by applicable law, including Illinois Revised Statute Chapter 24, Section 1-4-6.

(3/18/91)