New law shields trustees from financial loss

Winfield trustees quietly passed a law this week that protects them from personal financial loss because of lawsuits brought against the village.

The ordinance, drafted at the request of the village board, states Winfield employees, volunteers, elected officials and members of local boards and commissions would be reimbursed expenses related to legal settlements against the village.

The law is limited to shielding officials from financial liability concerning decisions made or work done on behalf of the village.

There are some exceptions to the coverage. For example, village officials or employees found guilty of malicious or willful misconduct wouldn't be reimbursed.

Thursday's adoption of the new law, which was passed unanimously without discussion, comes as a Winfield-area developer is suing the village.

In that lawsuit, the developer is claiming trustees used an obscure zoning law in an attempt to stop a controversial subdivision from being built on the southwest side of town.

The list of defendants includes Winfield, the village president and all six trustees.

Only one trustee, Deborah Birutis, could be reached for comment Friday. She referred questions about the new law to the village's attorney, Kathleen Elliott.

Elliott said several nearby communities -- including Warrenville, Addison and Villa Park -- have adopted similar ordinances.

"It gives them some assurance that if they're performing their regular functions, they aren't going to be out of pocket," Elliott said.

State law already provides some immunity for government officials in cases where their municipality is sued as a result of their actions.

Meanwhile, Siefert and Sons is asking a DuPage County judge for an injunction on a one-year deadline the company has to build seven $1 million homes in the Starcliff Court subdivision.

Many residents living on the village's southwest side opposed the project from its inception.

Some of those residents helped form a community group that overthrew the project's supporters on the village board during the April 2005 elections.

Jerry Siefert, co-owner of Siefert and Sons, said he has no doubt the new law was passed because of his lawsuit.

"They thought they could do whatever they wanted and the village would pick up the tab," Siefert said. "It's a big joke."