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HomeMy WebLinkAboutOrdinances - 20-7 - 02/03/2020 - Reimbursement of Costs - Officers and Employees CITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS Ordinance 20-7 An Ordinance Amending Title ],Administration, Adding Chapter 10,Reimbursement for Costs or Damages Incurred by City Officers, Officials and Employees, of the City of McHenry's Municipal Code Passed by the Mayor and City Council Of the City of McHenry McHenry County State of Illinois February 3,2020 Published in pamphlet form by authority of the Mayor and City Council of the City of McHenry, McHenry County,Illinois this P day of February,2020. ORDINANCE NO. 20-7 An Ordinance Amending Title 1,Administration, Adding Chapter 10,Reimbursement for Costs or Damages Incurred by City Officers, Officials and Employees, of the City of McHenry's Municipal Code WHEREAS,the City of McHenry,McHenry County,Illinois,is a home rule municipality as contemplated under Article VII, Section 6,of the Constitution of the State of Illinois,and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF McHENRY, McHenry County, Illinois, as follows: SECTION 1: Chapter 10, Reimbursement for Costs or Damages Incurred by City Officers, Officials and Employees, shall be added to Title 1, Administration, as follows: Chapter 10 REIMBURSEMENT FOR COSTS OR DAMAGES INCURRED BY CITY OFFICERS, OFFICIALS AND EMPLOYEES 1-10-1: DEFINITIONS: For purposes of this chapter,the following terms shall be given these definitions: EMPLOYEE: A present or former officer, member of a board, commission or committee, agent, volunteer, servant or employee, whether or not compensated, but does not include an independent contractor. ENACTMENT: A constitutional provision, statute, ordinance or regulation. INJURY: Death,injury to a person,or damage to or loss of property.It includes any other injury that a person may suffer to his person, reputation, character or estate which does not result from circumstances in which a privilege is otherwise conferred by law and which is of such a nature that it would be actionable if inflicted by a private person. "Injury" includes any injury alleged in a civil action,whether based upon the Constitution of the United States or the Constitution of the State of Illinois, and the statutes or common law of Illinois or of the United States. LAW: Not only enactments but also the case law applicable within this State as determined and declared from time to time by the courts of review of this State and of the United States. REGULATION: A rule, regulation, order or standard, having the force of law, adopted by an employee or agency of the United States,of the State of Illinois, or of a local public entity pursuant to authority vested by constitution, statute or ordinance in such employee or agency to implement, Reimbursement for Costs or Damages Incurred by City Officers, Officials and Employees, Page 1 interpret, or make specific the law enforced or administered by the employee or agency. STATUTE: An act adopted by the General Assembly of this State or by the Congress of the United States. WILLFUL AND WANTON CONDUCT: A course of action which shows an actual or deliberate intention to cause harm or which, if not intentional, shows an utter indifference to or conscious disregard for the safety of others or their property. This definition shall apply in any case where a "willful and wanton" exception is incorporated into any defense or reimbursement under this ordinance. 1-10-2: REIMBURSEMENT, EXCEPTIONS AND PROCEDURES: A. Reimbursement: If any claim or action is instituted against an employee of the City based on an injury allegedly arising out of an act or omission occurring within the scope of his or her employment as such employee, the City shall do one or more of the following: 1. appear and defend against the claim or action; and/or 2. reimburse the employee for: (i)his or her court costs or reasonable attorney's fees,or both, incurred in the defense of such claim or action; (ii) a judgment based on such claim or action; and/or(iii) a compromise or settlement of such a claim or action. B. Exceptions: 1. The City shall not defend or reimburse an employee for any claim or action instituted against the employee pursuant to section 1-10-2 if any of the exceptions set forth below apply. a. The City shall not defend or reimburse an employee for any portion of a judgment representing an award of punitive or exemplary damages. b. The City shall not defend or reimburse an employee if the injury arose out of an act or omission occurring outside the scope of his or her employment or if the act or omission was willful and wanton conduct by such employee. The City shall not defend if it is unclear to the City if the injury arose out of an act or omission occurring outside the scope of his or her employment or if the act or omission was willful and wanton conduct by such employee. This determination shall be made by the City in its sole discretion and shall be a final determination. C. The City may elect not to defend or reimburse an employee if it is determined Reimbursement for Costs or Damages Incurred by City Officers, Officials and Employees, Page 2 that there exists a current insurance policy or a contract, by virtue of which the employee is entitled to an indemnity and/or defense of the action in question. 2. Nothing herein relieves the City of its duty to indemnify or insure its employees as set forth in the Local Governmental and Governmental Employees Tort Immunity Act,745 ILCS 10,as amended.Further,nothing herein relieves the City of its duty to indemnify or insure its employees as provided in Sections 1-4-5 and 1-4-6 of the Illinois Municipal Code. C. Procedures: 1. If any claim or action is instituted against an employee of the City pursuant to Section 1-10-2(A), the employee shall, as soon as practicable, notify the City of receipt of notice of such a claim or action. The City shall, as soon as practicable, following receipt of notice of such a claim or action to determine whether the City shall defend and shall notify the employee in writing of its determination. Any prejudice caused by the employee's failure to timely give notice to the City may be considered as a factor in the City's determination of defense hereunder. The City shall not be responsible for any adverse actions taken against the employee prior to the City's determination of whether to defend. 2. Should the City decide not to defend, upon the potential for compromise or settlement of the claim or action(but prior to the compromise or settlement)or upon the completion of the claim or action,the employee shall notify the City of. (i)his or her court costs or reasonable attorney's fees,or both,incurred in the defense of such claim or action; (ii) any judgment based on such claim or action; and/or (iii) the potential compromise or settlement or the actual compromise or settlement of the claim or action.The City shall have fourteen(14)days from receipt of such notice or until the next regularly scheduled City Council meeting following receipt of such notice upon which a matter may be placed on the agenda, whichever is later, to determine whether the City shall reimburse the employee for: (i) his or her court costs or reasonable attorney's fees, or both, incurred in the defense of such claim or action; (ii) any judgment based on such claim or action; and/or (iii) the potential compromise or settlement or the actual compromise or settlement of the claim or action and shall notify the employee in writing of its determination. The City may elect not to reimburse an employee for a compromise or settlement of a claim or action for which the City did not approve prior to such compromise or settlement. Any prejudice caused by the employee's failure to timely give notice to the City may be considered as a factor in the City's determination. The City shall not be responsible for any adverse actions taken against the employee prior to the City's determination of whether to reimburse. Reimbursement for Costs or Damages Incurred by City Officers, Officials and Employees, Page 3 3. This Chapter shall apply to all claims or actions previously existing,now existing,or hereinafter existing; however, it shall not include any criminal matters. SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect,impair,invalidate or nullify the remainder thereof,which remainder shall remain and continue in full force and effect. SECTION 3:All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be in full force and effect upon its passage,approval and publication in pamphlet form (which publication is hereby authorized) as provided by law. Passed this Yd day of February, 2020. Ayes Nays Absent Abstain Alderman Devine •�' Alderman Glab Alderman Harding Alderman Mihevc a' Alderwoman Miller Alderman Santi X Alderman Schaeferol �( ` IA11 Wa tt, NJ-,fyor Trisha Ramel, City Clerk Reimbursement for Costs or Damages Incurred by City Officers, Officials and Employees, Page 4 CERTIFICATION I,Monte Johnson,do hereby certify that I am the duly appointed,acting and qualified Deputy City Clerk of the City of McHenry, McHenry County, Illinois, and that as such Clerk, I am the keeper of the records and minutes and proceedings of the Mayor and Aldermen of said City of McHenry. I do hereby further certify that at a regular meeting of the Mayor and Aldermen of the City of McHenry, held on the Yd day of February, 2020, the foregoing Ordinance entitled An Ordinance Amending Title 1, Administration,Adding Chapter 10, Reimbursement for Costs or Damages Incurred by City Officers, Officials and Employees, of the City of McHenry's Municipal Code, was duly passed by the City Council of the City of McHenry. The pamphlet form of Ordinance No 20-7,including the Ordinance and a cover sheet thereof, was prepared,and a copy of such Ordinance was posted in the City Hall,commencing on the 4'h day of February, 2020, and will continue for at least 10 days thereafter. Copies of such Ordinance are also available for public inspection upon request in the office of the City Clerk. I do further certify that the original, of which the attached is a true and correct copy, is entrusted to me as the Clerk of said City for safekeeping, and that I am the lawful custodian and keeper of the same. GIVEN under my hand and seal this 41h day of February, 2020. 7' a. Y.&,- Deputy City Cler vk City of McHenry, McHenry County, Illinois (SEAL)