If any claim or action not covered by insurance is instituted against an officer or employee of the Palos Heights Public Library allegedly arising out of an act or omission occurring within the scope of his or her duties as such officer or employee, the Palos Heights Public Library shall at the request of the officer or employee:


  1. appear and defend against the claim or action; and
  2. pay or indemnify the officer or employee for a judgement and court costs based on such claim or action, provided there shall be no indemnification for any portion of a judgement representing an award of punitive or exemplary damages; and
  3. pay or indemnify the officer or employee for a compromise or settlement of such claim or action providing the settlement is approved by the Board of Trustees of this Library.

For the purpose of this section, the term “officer” shall include both elected and appointed officers. The term “officer and employee” shall include former officers and employees. This indemnification resolution shall not apply if the Board of Trustees finds that the claim or action is based on malicious, willful or criminal misconduct. In such case, the action to be taken by the Board of Trustees will be determined after an investigation of the facts.



Adopted November 10, 1989