ARTICLE LEGAL INDEMNIFICATION. Subject to the other provisions of this Article, a member charged with and finally acquitted of a criminal or statutory offence, because of acts done while on duty in the attempted performance in good faith of his/her duties as a member of the service shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such charges. Notwithstanding Clause the Board may refuse payment otherwise under Clause where the actions of the member from which the charges arose amounted to a dereliction of duty or abuse of his/her powers as a member of the service. Where a member is a defendant in a civil action for damages because of acts done in the attempted performance in good faith of his/her duties as a member of the service, he/she shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such an action where the Board is not joined in the action as a party pursuant to section of the Police Services Act and the Board does not defend the action on behalf of the Board and of the member as joint at the Board’s sole expense. Where a member intends to apply to the Board for indemnification hereunder, the member shall, within ten days of being charged or receiving notice of other legal proceedings covered herein, apply in writing to the Chief or to the officer designated by the Chief of Police to deal with such applications for approval to retain counsel and approval of the counsel to be so retained. In the event of any dispute concerning the counsel to be retained, the matter shall be resolved by an officer designated by the Chief and a member of the Association Executive designated for that purpose. Where during an inquest under the Coroners Act a member’s conduct is called into question because of acts done in the attempted performance of his duties as a member of the Service, the member shall be indemnified for any necessary and reasonable legal costs directly arising from the protection of the member’s interest at such inquiry, but only if: the Chief of Police or the Board does not provide counsel to represent the Service, at the Board’s expense; or,
ARTICLE LEGAL INDEMNIFICATION. Where a Member of the Service is charged with a criminal or statutory offence flowing from his or her police duties and is subsequently acquitted of such charges, the Member will be reimbursed for any reasonable legal expenses incurred as a result of such charges. With the approval of the Chief, a Member who is a subject of an investigation will be provided with a lawyer for the initial investigation. The Board will provide coverage for all civilian Members while in the performance of their duties.
ARTICLE LEGAL INDEMNIFICATION. The Employer shall continue to contract with an insurance carrier for the purpose of providing legal expense reimbursements similar to the present coverage provided by the American Home Insurance Company under Commercial General Liability Policy No. The Employer, upon request, will provide each Employee with a summary of the legal indemnification contained in the contract of insurance. The Alliance agrees with the Employer that, subject to the terms and provisions of the contract of insurance referred to above and this paragraph, any other duty imposed by law, there is no legal obligation on the Employer to provide legal indemnification for the Employees of the Bargaining Unit.
ARTICLE LEGAL INDEMNIFICATION. Subject to the other provisions of this a member charged with but not found guilty of a or statutory offence, because of done in the attempted performance in good faith of duties as a police officer be indemnified for the necessary and reasonable legal costs incurred in the defence of such charges. Notwithstanding the Board may authorize payment of necessary and reasonable legal costs of a member pleading or being found guilty of an described in where the court, instead of convicting the accused, grants an absolute discharge, provided that the Board accepts the recommendation of the Chief of Police, or an officer designated by to make such a recommenda- tion, that the member's actions as a police officer in the of performing duties were motivated by an intent to do lawful duty, that such actions do not constitute any of the actions described in hereof, and that such indemnification will not in the opinion of the Board reduce respect for law enforcement in Metropolitan Toronto. Notwithstanding the Board may payment otherwise authorized under where the actions of the officer from which the charges arose amounted to a gross dereliction of duty or deliberate abuse of powers as a police officer. Where a member is a defendant in a civil action for damages because of acts done in the attempted performance in good faith of duties as a police officer shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such an action in the following circumstances only: Where the Chief of Police is not joined in the action as a party pursuant to section of the Police Act, and the Chief of Police does not defend the action on behalf of and of the member as joint at the Board's sole expense. Where the Chief of Police is joined as a party or elects to defend the action, but the solicitor retained on behalf of the Chief of Police and the member is of the view that it would be improper for to act for both the Chief of Police and the member in that action. A member whose conduct is called into question in the course of an inquiry under the Coroners Act because of acts done in the attempted performance in faith of duties as a police officer shall be indemnified for the necessary and reasonable legal costs incurred in representing interests in any such inquest in the following circumstances only:
ARTICLE LEGAL INDEMNIFICATION. 20.01 The Employer shall indemnify a Member for reasonable legal costs incurred,
ARTICLE LEGAL INDEMNIFICATION. Subject to the other provisions of this Article, a member charged with and finally acquitted of a criminal or statutory offence, because of acts done while on duty in the attempted performance in good faith of duties as a police officer shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such charges. Notwithstanding Clause the Board may refuse payment otherwise authorized under Clause where the actions of the officer from which the charges arose amounted to a dereliction of duty or abuse of powers as a police officer. Where a member is a defendant in a civil action for damages because of acts done in the attempted performance in good faith of duties as a police officer, shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such an action where the Board is not joined in the action as a party pursuant to section (1) of the Police Services Act and the Board does not defend the action on behalf of the Board and of the member as joint at the Board's sole expense.
ARTICLE LEGAL INDEMNIFICATION. The Employer shall continue to contract with an insurance carrier for the purpose of providing legal expense reimbursements similar to the present coverage provided by the ACE INA Insurance Company under Commercial General Liability Policy No. The Employer will provide each employee with a summary of the legal indemnification contained in the contract of insurance. In addition to the foregoing, where an employee has been charged with an offence under any Federal and Provincial Statute in the course and lawful execution of duties, the Chief of Police may, on a written application from the employee, supported by a letter from the employee’s counsel, provide funds to the employee for the purpose of providing a retainer to such counsel of choice for legal fees and disbursements. Upon receipt of a written application for funds, the Chief of Police may proceed as follows: The Chief of Police shall, in his discretion, and, on a reasonable basis, determine if the employee is likely to be indemnified for the costs of legal counsel pursuant to the contract of insurance referred to above, and, if he determines that coverage is reasonably foreseeable, then, The Chief of Police shall provide funds to the employee’s counsel in an amount not greater than ten percent of the estimated legal fees and disbursements or whichever is the lesser amount. In the event of a dispute, the amount shall be determined by the Board’s solicitor. In the event it is subsequently determined that the employee is not entitled to indemnification under the contract of insurance by virtue of a conviction or otherwise, the employee shall reimburse the Board for all funds advanced. If an employee is subsequently acquitted or exonerated of any alleged offence under any Act, while was acting in the course of their authorized duty, the Board shall pay any deductible contained in the Contract of Insurance. The Alliance agrees with the Board that, subject to the terms and provisions of the Contract of Insurance referred to above and this paragraph, there is no legal obligation on the Board to provide legal indemnification for the employees of the bargaining unit.
ARTICLE LEGAL INDEMNIFICATION. The Employer shall continue to contract with an insurance carrier for the purpose of providing legal expense reimbursements similar to the present coverage provided by the ACE Insurance Company under Commercial General Liability Policy No. The Employer will provide each employee with a summary of the legal indemnification contained in the contract of insurance. In addition to the foregoing, where an employee has been charged with an offence under any Federal and Provincial Statute the Chief of Police may, on a written application from the employee, supported by a letter from the employee’s counsel, provide funds to the employee for the purpose of providing a retainer to such counsel of choice for legal fees and disbursements. Upon receipt of a written application for funds, the Chief of Police may proceed as follows:
ARTICLE LEGAL INDEMNIFICATION. Where an employee is charged with a criminal or statutory offence arising out of employment while acting in the performance of a statutory duty and in the attempted performance in good faith of their duties, the Region will provide legal representation for the employee. The Region will cover fines or monetary penalties, except the Highway Traffic Act, municipal parking and traffic by-laws and criminal code offences, provided that the legal liability for damages for the imposition of a fine or monetary penalty arouse out of acts or omissions done or made by an employee in their capacity as an employee of the Region while acting in the performance of a statutory duty and in the attempted performance in good faith of their duties.
ARTICLE LEGAL INDEMNIFICATION. The current provision is lengthy and need not be repeated in full. Article reads as follows: For the purposes of this provision, "necessary and reasonable legal shall be based on the account rendered by the solicitor performing the work, subject to the approval of the Solicitor of the Regional Municipality. The proposal of the Association follows: In the event of a dispute between the solicitor so retained and the Solicitor of the Regional Municipality, the matter shall be resolved by an assessment officer of the Supreme court of Ontario, or, in the event an Assessment officer will not hear the matter, by an Arbitrator appointed under the Police Services Act. The Board having struggled to find a workable solution to this matter has determined that it would not be appropriate and would any event not be enforceable, were the Board to award that an assessment officer of the Supreme Court of Ontario would resolve a difference between the parties. Having said this, rejecting the request the Board is not implying one way or the other on the respective rights under the current provision. proposal Where an outstanding issue has not been specifically dealt with in this award, the Board makes no change to the status quo. Except where otherwise indicated, changes resulting from this award are to become effective from the date of this award. The Board remains seized for a period of thirty (30) days in the event of any difficulties encountered in the implementation of this award. DATED at Xxxxxxx, Xxxxxxx, this day of October, I concur I concur (See Addendum)
