HomeMy WebLinkAboutRESOLUTIONS-1980-022-R-80t�
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22-R-80
A RESOLUTION
Relating to Self-Insurahce
WHEREAS, the City of Evanston has adopted a program of self -
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insurance; and
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WHEREAS, the policy of the City of Evanston.as heretofore established
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by Resolution 73-R-76 provides for the indemnification and defense of all
city officers and employees who may be subject to claims for liability
arising out of acts undertaken in the scope of their duties; and
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WHEREAS, it is .the policy of.the City of Evanston to defend and
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indemnify all officers .and employees to the same extent that such indemni-
fication and defense would be available in the event that the City was
covered by comprehensive liability insurance in the usual form; and
WHEREAS, it is the desire of the City Council to reaffirm said
policy;
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NOW, THEREFORE, BE I.T RESOLVED BY THE CITY COUNCIL OF THE CITY
OF EVANSTON, COOK COUNTY, ILLINOIS:
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SECTION l: That in the event any City officer or employee, -in-
cluding but not limited to, police officers, firemen:
i and any other person acting within the scope of their duties on behalf of
the City of Evanston shall be named a -defendant in any suit in law or in
equity or otherwise be required to defend -their acts as said officer or
.! employee, the City shall defend such officer and employee, and in the event
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that any judgment or award against such officer or employee is assessed by
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'' any court of competent jurisdiction, the City shall pay such judgment or
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i award and otherwise indemnify said officer or employee for all costs, damages,
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:and judgments incurred, subject to the limitations hereinafter set forth. s
"!The City shall by its own law department, or by such counsel as Ma
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h approved by the law department, provide a legal defense without cost to any
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11 officer or employee who sfial 1 be named a defendant in any suit in law or !
equity or administrative proceeding because of acts arising out of said I
!;_officer's or employee's official duties.
SECTION 2: That the provision for defense and indemnification
;- provided herein shall apply without limitation as to
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dollar amount except in the case of awards or judgments assessed pursuant
i' to the provisions of United States Code Title 42, subsections 1981 through*
1986, commonly known as the Civil Rights Act. And any injuries sustained
by any person arising out of assault or battery committed for the purpose
iof preventing.or eliminating danger in the operation of an ai-rcraft,
protecting persons or property or incident to lawful arrest. In such cases j
the City shall defend all officers and employees, but the indemnification �
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• shall be limited to the sum of $500,000 for each offense, including the
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cost pf defense.
SECTION 3: The provisions for defense and indemnification herein
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i� shall not apply to fraudulent,criminal or malicious
acts or to recovery of salary, wages, back salary or wages or interest or
i penalties thereon payable to any person by the City of Evanston.
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! SECTION 4: It. is the intent and policy of the City to insure the
officers and employees of the -City of Evanston of the"'
�1 continued acceptance by the City of its responsibilities to ,defend a11• �
f officers or employees for any acts or activities undertaken in the scope of
k their employment and to pay all judgments, costs and awards which may be
assessed against them by reason of their official duties.
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i SECTION 5: Nothing hereincontained is intended to or shall result
li in the waiver of an immunity bestowed on the City of
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22-R-80
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;Evanston, its officers, and employees by the operation of the local govern-
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'mental. and governmental employees toward immunity act or any other statute I
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}of the State of Illinois or of the United States. It is the intent of the
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City ot Evanston to avail itself of all.defenses provided by said immunity
dstatute on behalf .of itself, its officers and employees.
SECTION 6: This Resolution shall be in full force and effect
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from and after its passage and approval in the manner
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i VL Mayo
G 'ATTEST -
City Clerk
Adopted:,�'�,t.,� 1980.
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