HomeMy WebLinkAboutRESOLUTION - 43-26 - 6/16/2026 - Settlement Agreement (2)RESOLUTION NO.43-26
A RESOLUTION AUTHORIZING THE MAYOR AND CLERK TO EXECUTE A
SETTLEMENT AGREEMENT, GENERAL RELEASE AND COVENANT NOT TO SUE
FOR THE VILLAGE OF ELK GROVE VILLAGE, COUNTIES OF COOK AND
DUPAGE STATE OF ILLINOIS.
WHEREAS, Section 6(a) of Article VII of the 1970 Constitution of the State of Illinois
provides that any municipality which has a population of more than 25,000 is a home rule unit,
and the Village of Elk Grove Village (the "Village"), Counties of Cook and DuPage, Illinois, with
a population in excess of 25,000 is, therefore, a home rule unit and, pursuant to the provisions of
said Section 6(a) of Article VII, may exercise any power and perform any function pertaining to
its government and affairs; and
WHEREAS, Article VII, Section 10(a) of the Illinois Constitution authorizes units of local
government to contract or otherwise associate with individuals, associations, and corporations in
any manner not prohibited by law or by ordinance; and
WHEREAS, the Village and "John Doe" Police Officers 1-5, were named as defendants
(the "Defendants") in a case brought by Donna Murray (the "Plaintiff'), styled Donna Murray,
individually and as Independent Administrator of the Estate of Jack Murray v. Elk Grove Village.
et al., Case No. 2024L005867, related to alleged injuries and state claims; and
WHEREAS, the Village does not admit any wrongdoing on its part or on the part of any
of its current or former employees, officers, or officials, but the Plaintiff and the Defendants
(together, the "Parties") wish to settle these matters to avoid protracted litigation and the costs
associated therewith; and
WHEREAS, in an effort to avoid further controversy, costs, legal fees, inconvenience, and
any future litigation regarding any issue contained in or arising from the Litigation, the Defendants
on the one hand, and the Plaintiff on the other hand, wish to settle the Litigation, the Village hereby
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authorizes the Village Attorney (the "Attorney") to settle the Litigation for an amount not to exceed
Ten Million Five Hundred Thousand and No/100 U.S. Dollars ($10,500,000.00); and
WHEREAS, the Mayor and the Board of Trustees of the Village (the "Corporate
Authorities") have determined that it is in the best interests of the Village and its residents to agree
to authorize settlement of the Litigation as set forth herein; and
WHEREAS, the Mayor is authorized to enter into and execute, and the Village Attorney
is authorized to prepare a Settlement Agreement, General Release and Covenant Not to Sue for
the Village, making such insertions, omissions, and changes as shall be approved by the Mayor
and the Village Attorney;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the
Village of Elk Grove Village, Counties of Cook and DuPage, Illinois as follows:
ARTICLE I.
IN GENERAL
Section 1.0 Findings.
The Corporate Authorities hereby find that all of the recitals hereinbefore stated as
contained in the preamble to this Resolution are full, true, and correct and do hereby, by reference,
incorporate and make them part of this Resolution as legislative findings.
Section 2.0 Purpose.
The purpose of this Resolution is to authorize the Village Attorney to settle the Litigation
for an amount not to exceed Ten Million Five Hundred Thousand and No/100 U.S. Dollars
($10,500,000.00) and to further authorize the Mayor, or his designee, to approve any such
Settlement Agreement, General Release and Covenant Not to Sue which conforms to the
authorization herein granted so as to settle the Litigation to avoid further controversy, costs, legal
fees, inconvenience, and any future litigation regarding any issue contained in or arising from the
Litigation, to further authorize the Mayor, or his designee, to take all steps necessary to carry out
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the terms of the Settlement Agreement, General Release sand Covenant Not to Sue and to ratify
any steps taken to effectuate that goal.
ARTICLE II.
AUTHORIZATION
Section 3.0 Authorization.
The form, terms, and provisions of the Settlement Agreement, General Release and
Covenant Not to Sue, are hereby approved with such insertions, omissions, and changes as shall
be approved and set forth by the Mayor and the Village Attorney. The Village Board ratifies any
and all previous action taken to effectuate the intent of this Resolution. The Mayor, or his designee,
is hereby authorized and directed to execute, and the Clerk is hereby authorized and directed to
attest to, countersign, and affix the Seal of the Village to any and all documents that may be
necessary to carry out and effectuate the purpose of this Resolution. The Village is hereby
authorized and directed to remit payment in accordance with the terms of the Settlement
Agreement, General Release and Covenant Not to Sue, and to take all action necessary or
appropriate to effectuate the terms of the Settlement Agreement, General Release and Covenant
Not to Sue.
ARTICLE III.
HEADINGS, SAVINGS CLAUSES, PUBLICATION,
EFFECTIVE DATE
Section 4.0 Headings.
The headings of the articles, sections, paragraphs, and subparagraphs of this Resolution are
inserted solely for the convenience of reference and form no substantive part of this Resolution,
nor should they be used in any interpretation or construction of any substantive provision of this
Resolution.
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Section 5.0 Severability.
The provisions of this Resolution are hereby declared to be severable, and should any
provision of this Resolution be determined to be in conflict with any law, statute, or regulation by
a court of competent jurisdiction, said provision shall be excluded and deemed inoperative,
unenforceable, and as though not provided for herein, and all other provisions shall remain
unaffected, unimpaired, valid, and in full force and effect.
Section 6.0 Superseder.
All code provisions, ordinances, resolutions, rules, and orders, or parts thereof, in conflict
herewith are, to the extent of such conflict, hereby superseded.
Section 7.0 Publication.
A full, true, and complete copy of this Resolution shall be published in pamphlet form or
in a newspaper published and of general circulation within the Village as provided by the Illinois
Municipal Code, as amended.
Section 8.0 Effective Date.
This Resolution shall be effective and in full force immediately upon passage and approval.
VOTE: AYES: 6 NAYS: 0 ABSENT: 0
PASSED this 1611 day of June 2026
APPROVED this 161h day of June 2026
ATTEST:
;Ift ADAS Aq CIZ-111
e te S. M on, Village Clerk
Mayor-Uraig B. John
Village of Elk Grove/
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