BOARD MEMBER LIABILITY


Individuals who accept public office are considered as accepting the burdens and obligations of that office with its benefits.  Public officers are bound to use reasonable skill and diligence.  Any attempt to exercise these powers corruptly, will make the actions null and void and in some cases may lead to criminal liability.

Public officials may not use their official powers to further their own interests.  They must not have an adverse interest in contracts executed on behalf of the people.

In addition, the Illinois Criminal Code further states that:

“a public officer... commits misconduct when, in his official capacity, he commits any of the following acts: (a) intentionally or recklessly fails to perform any mandatory duty as required by law; or (b) knowingly performs an acts which he knows he is forbidden by law to perform; or © with intent to obtain a personal advantage for himself or another, he performs an act in excess of his lawful authority; or (d) solicits or knowingly accepts for the performance of any act a fee or reward which he knows in not authorized by law.”

The Illinois Criminal Code sets forth certain bidding practices for which board members or employees may be held criminally liable, including the following:

  • Bid-rigging;

  • Bid rotating;

  • Acquisition or disclosure of bidding information by a public official;

  • Interference with contract submission and award by a public official; and

  • Kickbacks.

Several cases have discussed an individual board member's liability for violation of civil rights laws.  In such cases, a plaintiff must prove that the civil rights violation resulted from an official policy or custom.

Finally, under the Local Governmental and Governmental Tort Immunity Act, an individual board member is not liable for his/her act or omission in the execution or enforcement of any law unless such act or omission constitutes willful and wanton conduct.  “Willful and wanton conduct” means a course of action that shows an actual or deliberate action to cause harm or which, if not intentional, show an utter indifference to or conscious disregard for the safety of others or their property.