Antioch won't reimburse trustee for legal expenses

It doesn't look like Antioch Trustee Bob McCarty is going to be getting any assistance from the village on his legal bills.

The village's attorney presented a letter to trustees saying they aren't obligated to honor McCarty's request for $9,716, the amount of money he spent defending himself before the Illinois State Liquor Commission in September.

McCarty felt he was entitled to the reimbursement under the village's indemnification ordinance. That ordinance protects village employees and elected officials from monetary damages if they are named in a claim, lawsuit or litigation while performing official duties.

Attorney Adam Simon said neither the village's indemnification ordinance nor the state requires, or allows, the village to pay McCarty's legal expenses.

Simon said the indemnification ordinance applies to claims that are within the scope of the official duties and where an official is found liable for monetary damages.

"Neither of these requirements applies in this situation," Simon said.

McCarty, who is part-owner of the Double Eagle Restaurant and Sports Lounge, incurred the legal fees when the board revoked the restaurant's liquor license, saying it wasn't legal for an elected trustee to hold one.

Simon said McCarty's involvement with the Double Eagle was outside the scope of public service.

McCarty responded with his own letter, read to the village board Monday.

"I accept the village attorney legal counsel on this matter," he said. "I am deeply sorry the board of trustees could not make their own decision with the best interest of the community and board member in mind."

McCarty pointed out that when the board was discussing his involvement with Double Eagle, officials ignored the advice of attorneys and decided to revoke the liquor license.

In September, the state liquor commission overturned the revocation.

The commission also advised the village to update its code to allow elected officials in municipalities of less than 50,000 people to hold liquor licenses.

"They could not see past their own noses to do what was right," McCarty said of his fellow trustees. "We were all elected by the community and in the end, I was forced to pay for my seat on this board for an issue that shouldn't have gone as far as it did."

Trustee Robert Caulfield said McCarty has wasted the village's time with this issue.

"He is still in violation of the law, as it stands today, and as it stands today he should not be part of the village board," Caulfield said.

Coincidentally, the board was scheduled to change its liquor license ordinance to mirror the state's Monday.