Common use of Criminal Liability Clause in Contracts

Criminal Liability. If a criminal action is commenced against any employee covered by this Agreement, which action arises out of such employee’s actions while in the performance of his duties and provided such actions do not constitute a gross disregard or neglect of his duties as an employee, then; a) The employee, upon being charged with a criminal offense or upon receipt of notification of the commencement of any criminal action being commenced against him, shall advise the Fire and Paramedic Chief or designate of such criminal proceedings and may request that the City appoint counsel to represent the employee in such criminal action. b) Upon receiving a request from an employee to appoint counsel the matter shall be referred to the City Solicitor and upon recommendation of the City Solicitor, the City may agree to appoint counsel on behalf of the employee; c) If the City agrees to appoint counsel on behalf of the employee, the employee and the City Solicitor or his designate shall forthwith meet for purposes of appointing counsel that is mutually agreeable to both parties. In the event the parties cannot agree on who should be appointed as counsel, the City shall not be responsible for the payment of legal fees; d) Only if the City agrees to appoint counsel will the City be responsible for the payment of legal fees as taxed and approved by the City Solicitor.

Criminal Liability. If a criminal action is commenced against any employee covered by this Agreement, Agreement which action arises out of such employee’s actions while in the performance of his duties and provided such actions do not constitute a gross disregard or neglect of his duties as an employee, employee then;: a) The employee, upon being charged with a criminal offense or upon receipt of notification of the commencement of any criminal action being commenced against him, shall advise the Fire and Paramedic Chief or designate of such criminal proceedings and may request that the City appoint counsel to represent the employee in such criminal action. b) Upon receiving a request from an employee to appoint counsel counsel, the matter shall be referred to the City Solicitor and and, upon recommendation of the City Solicitor, the City may agree to appoint counsel on behalf of the employee;. c) If the City agrees to appoint counsel on behalf of the employee, the employee and the City Solicitor Solicitor, or his designate designate, shall forthwith meet for purposes of appointing counsel that is mutually agreeable to both parties. In the event the parties cannot agree on who should be appointed as counsel, the City shall not be responsible for the payment of legal fees;. d) Only if the City agrees to appoint counsel will the City be responsible for the payment of legal fees as taxed and approved by the City Solicitor. This Section shall not be construed to mean that the City shall pay any costs, expenses or fees for such member incurred during, or as a result of, the City’s internal disciplinary proceedings against such members.