Common use of Criminal Liability Clause in Contracts

Criminal Liability. If a criminal action including a Highway Traffic Act offence is commenced against any employees covered by this Agreement which action arises out of such employees’ actions while in the performance of their duties and provided such actions do not constitute a gross disregard or neglect of their duties as an employee, then: a) Employees upon being charged with a criminal offence, or upon receipt of notification of the commencement of any criminal action being commenced against them or upon the Highway Traffic Act offence being commenced against them, shall advise the City through the Head of their Department 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 to the Chief Administrative Officer, 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 shall forthwith meet for purposes of appointing counsel that is mutually agreeable to both parties. In the event the employee and the City cannot agree on who should be appointed as counsel, the City shall not be responsible for payment of legal fees. d) Only if the City agrees to appoint counsel will the City be responsible for 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.

Criminal Liability. If a criminal action action, including one related to a Highway Traffic Act offence offence, is commenced against any employees employee covered by this Agreement which Agreement, and this action arises out of such employees’ said employee’s actions while in the performance of their his/her duties and provided such his/her actions do not constitute a gross disregard or neglect of their his/her duties as an employee, then: a) Employees The employee upon being charged with a criminal offence, or upon receipt of notification being notified of the commencement of any criminal action being commenced against them or upon the Highway Traffic Act offence being commenced against them, him/her shall advise the City through the Head Director of their Department Transit of such criminal proceedings and may request that the City appoint counsel to represent the employee in such criminal action.; b) Upon The Director of Transit upon receiving a request from an employee to appoint counsel, counsel shall refer the matter shall be referred to the City Solicitor and upon Solicitor. Upon recommendation of the City Solicitor to the Chief Administrative OfficerOfficer or designate, 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 shall forthwith meet for purposes the purpose of appointing counsel that is mutually agreeable to both parties. In the event the employee and the City cannot agree on who should be appointed as counsel, the City shall not be responsible for payment of legal fees.; d) Only if the City agrees to appoint counsel and the City Solicitor and the employee agree on who shall be appointed counsel will the City be responsible for payment of legal fees as taxed billed 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.

Criminal Liability. If a criminal action including a Highway Traffic Act offence offense is commenced against any employees employee covered by this Agreement which action arises out of such employees’ employee’s actions while in the performance of their his or her duties and provided such actions do not constitute a gross disregard or neglect of their his or her duties as an employee, then: a) Employees the employee, upon being charged with a criminal offenceoffense, or upon receipt of notification of the commencement of any criminal action being commenced against them him or her upon the Highway Traffic Act offence offense being commenced against themhim or her, shall advise the City through the Head head of their Department his or her department 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 upon recommendation of the City Solicitor to the Chief Administrative Officer, 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 shall forthwith meet for purposes of appointing counsel that is mutually agreeable to both parties. In the event the employee and the City cannot agree on who should be appointed as counsel, the City shall not be responsible for payment of legal fees. d) Only if the City agrees to appoint counsel will the City be responsible for 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 ’s internal disciplinary proceedings against such members.