Course and Scope Protection - Defense in Civil and Criminal Actions Sample Clauses

The 'Course and Scope Protection - Defense in Civil and Criminal Actions' clause provides legal protection for individuals acting within the scope of their employment or official duties. It typically requires the employer or organization to defend and, in some cases, indemnify employees or agents if they are sued or prosecuted for actions taken as part of their job responsibilities. For example, if an employee is named in a lawsuit or faces criminal charges due to decisions made while performing their work duties, the employer would provide legal defense. This clause ensures that individuals are not personally liable for legal costs or consequences arising from actions taken in good faith during their employment, thereby encouraging them to perform their roles without fear of personal legal exposure.
Course and Scope Protection - Defense in Civil and Criminal Actions. A. Civil Actions 1. This section is not designed to change the substantive rights and responsibilities of either the State employer or an affected correctional employee. Rather, it is to provide an alternative quick and less expensive (as compared to going to court) process by which such rights and responsibilities are to be determined. 2. In any case where a bargaining unit member is sued civilly he/she may tender a defense of the action to the State employer, using procedures agreed upon by CCPOA and CalHR applicable to all departmental employees within ninety (90) days of ratification. 3. This section will apply to all civil actions filed against Bargaining Unit 6 employees on or after the effective date of this MOU even if the events alleged occurred prior to this MOU section becoming effective. If the State employer refuses the tender of defense, then: a) The State employer shall give to the employee a written, detailed statement explaining the reasons for the decline of the tender; b) Said reasons shall comply with Government Code Section 995 et seq. with regard to the rights and responsibilities of both the State employer and the correctional employee (bargaining unit member); c) If CCPOA believes that the tender of defense violates the rights of the employee under Government Code Section 995 et seq. (and section 995.2 in particular), then CCPOA and CCPOA alone shall have the right to grieve the propriety of the refusal of the tender of defense. Moreover, because time is of the essence, the parties agree that any dispute concerning the interpretation or application of this section shall be resolved through Section 6.11 and Section 6.12 (e.g., 6.12 (c)) provided the employee first executes a waiver of any and all rights to challenge the denial of representation in some other forum, including a court of competent jurisdiction. The grievant (CCPOA) and employer will have the right to present testimony, statements and documents in support of their respective positions in accordance with the following: (i) All parties shall have the right to subpoena witnesses and documents, and may assert any and all privileges. Additionally, the adjudicator shall refuse to issue or quash any subpoena upon a demonstration that the production of the witness or document creates an undue burden or significantly interferes with the ability to prepare for or defend against an underlying civil action. (ii) If the adjudicator refuses to issue or quashes a subpoena based on a d...
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Course and Scope Protection - Defense in Civil and Criminal Actions. A. Civil Actions 1. This section is not designed to change the substantive rights and responsibilities of ei- ther the State employer or an affected cor- rectional employee. Rather, it is to provide an alternative quick and less expensive (as com- pared to going to court) process by which such rights and responsibilities are to be determined. 2. In any case where a bargaining unit member is sued civilly s/he may tender a defense of the action to the State employer, using pro- cedures agreed upon by CCPOA and DPA applicable to all departmental employees within ninety (90) days of ratification. 3. This section will apply to all civil actions filed against Bargaining Unit 6 employees on or after the effective date of this MOU even if the events alleged occurred prior to this MOU section becoming effective. If the State em- ployer refuses the tender of defense, then: a. The State employer shall give to the em- ployee a written, detailed statement ex-
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Course and Scope Protection - Defense in Civil and Criminal Actions. A. Civil Actions 1. This section is not designed to change the substantive rights and responsibilities of either the State employer or an affected correctional employee. Rather, it is to provide an alternative quick and less expensive (as compared to going to court) process by which such rights and responsibilities are to be determined. 2. In any case where a bargaining unit member is sued civilly they may tender a defense of the action to the State employer, using procedures agreed upon by CCPOA and CalHR applicable to all departmental employees within ninety
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Related to Course and Scope Protection - Defense in Civil and Criminal Actions

  • Criminal Actions Where an employee is charged with an offence resulting directly from the proper performance of his/her duties and is subsequently found not guilty, the employee shall be reimbursed for reasonable legal fees.

  • Civil Actions Except where there has been gross negligence on the part of an employee, the Employer will: (1) exempt and save harmless employees from any liability action arising from the proper performance of their duties for the Employer; and (2) assume all costs, legal fees, and other expenses arising from any such action.

  • Criminal History Applicants who have criminal convictions may be denied. Any crimes associated with drugs, violence, sex, property damage, and/or weapons may be grounds for automatic disqualification. Eligibility is dependent upon the level, disposition, and time since the crime occurred. Open cases for similar crimes may be grounds for denial. Credit. A credit check will be performed, and the following may be grounds for denial: past due or dishonored debt, the absence of a credit history, unpaid housing accounts, unpaid utility accounts.

  • Criminal History Category With regard to determining defendant’s criminal history points and criminal history category, based on the facts now known to the government, defendant’s criminal history points equal zero and defendant’s criminal history category is I.

  • Submitting False Claims; Monetary Penalties The AOC shall be entitled to remedy any false claims, as defined in California Government Code section 12650 et seq., made to the AOC by the Contractor or any Subcontractor under the standards set forth in Government Code section 12650 et seq. Any Contractor or Subcontractor who submits a false claim shall be liable to the AOC for three times the amount of damages that the AOC sustains because of the false claim. A Contractor or Subcontractor who submits a false claim shall also be liable to the AOC for (a) the costs, including attorney fees, of a civil action brought to recover any of those penalties or damages, and (b) a civil penalty of up to $10,000 for each false claim.