Common use of Employee Liability Clause in Contracts

Employee Liability. Section 1. An employee, having custody of a patient or prisoner or rendering care or services to individuals, who is charged with a crime against the person, such crime alleged to have been committed while the employee was in the presence of the person alleging same and while such employee was performing his duties, and who, after hearing, is found by a court of law to be "not guilty" of such crime, shall be entitled to apply for reimbursement not exceeding $2,500.00 of the legal fees actually incurred and paid by him/her in connection with the legal defense of such alleged crime in court. This Section pertaining to reimbursement shall not apply in any case where the criminal complaint is disposed of in any manner other than an adjudication of "no probable cause", "not guilty", or similar adjudication indicating the employee is innocent. Dispositions by way of nolle prosequi, plea bargaining, dismissal for lack of prosecution or any other disposition other than one clearly exonerating the employee on the merits shall not qualify the employee for reimbursement pursuant to this Section; nor shall this Section apply if the crime is alleged to have been committed while the employee was off duty. Section 2. The parties expressly recognize that this Article is intended to provide limited reimbursement to an employee who is the victim of a frivolous or malicious criminal charge related to the manner or means by which the employee performs his/her duties, and such employee has been required to employ an attorney to exonerate him/her in a criminal court. A. An eligible employee as described in Sections 1 and 2 may apply for reimbursement to a special "Reimbursement Panel" to be made up of three people: the departmental commissioner or his/her designee, the Chairman of the Alliance or his/her designee, and one other person selected by the other two. The panel shall evaluate the employee's claim for reimbursement and make a finding that either: (1) the employee is eligible for reimbursement as described in Sections 1 and 2; or that (2) the employee is not eligible. B. A determination of eligibility must be the result of a unanimous vote of all three panel members. Any non-unanimous vote must result in a finding of non-eligibility. C. The determination of the reimbursement panel shall be final and may not be appealed. The decision of the panel as to reimbursement shall not be subject to the grievance procedure contained in Article 23A. Section 4. No application for reimbursement shall be entertained by the panel until such time as there has been a final adjudication in court. Nor shall any application be entertained if the Department has taken any disciplinary/administrative action against the employee which is based on the same factual allegations that gave rise to the criminal action, unless and until such disciplinary/administrative action is finally resolved in favor of the employee. Section 5. This Article shall not apply if the employee's fees for his/her criminal defense have been provided by any legal defense funds, insurance policies or the like. Section 6. Nothing in this Article shall prevent the Union from seeking legislative relief above and beyond the said $2,500.00. Section 7. In addition to other issues concerning employee liability that the committee chooses to address, the committee shall specifically consider the following issues: a. the relationships between M.G.L. Chapter 258, Section 2 and any higher insurance premium that may be charged to an employee who uses his/her private car in the course of his/her employment; b. whether or not the committee ought to recommend to the Legislature that the “assault pay” provisions of Chapter 30, Section 58 be expanded to include any other titles within the bargaining unit.

Employee Liability. Section 1. 1 An employee, having custody of a patient patient, or prisoner or rendering care or services to individuals, who is charged with a crime against the person, such crime alleged to have been committed while the employee was in the presence of the person alleging same and while such employee was performing his his/her duties, and who, after hearing, is found by a court of law to be "not guilty" of such crime, shall be entitled to apply for reimbursement not exceeding $2,500.00 3,000.00 of the legal fees actually incurred and paid by him/her in connection with the legal defense of such alleged crime in court. This Section pertaining to reimbursement shall not apply in any case where the criminal complaint is disposed of in any manner other than an adjudication of "no probable cause", "not guilty", or similar adjudication indicating the employee is innocent. Dispositions by way of nolle prosequi, plea bargaining, dismissal for lack of prosecution or any other disposition other than one clearly exonerating the employee on the merits shall not qualify the employee for reimbursement pursuant to this Section; nor shall this Section apply if the crime is alleged to have been committed while the employee was off duty. Section 2. 2 The parties expressly recognize that this Article is intended to provide limited reimbursement to an employee who is the victim of a frivolous or malicious criminal charge related to the manner or means by which the employee performs his/her duties, and such employee has been required to employ an attorney to exonerate him/her in a criminal court. A. An eligible employee as described in Sections 1 and 2 may apply for reimbursement to a special "Reimbursement Panel" to be made up of three (3) people: 1A) the departmental commissioner or his/her designee, 2A) either the Chairman or Secretary of the Alliance or his/her designee, ; and 3A) one other person selected by the other two. those persons in 1A and 2A. The panel shall evaluate the employee's claim for reimbursement and make a finding that either: (: 1) the employee is eligible for reimbursement as described in Sections 1 and 2; or that (2) the employee is not eligible. B. A determination of eligibility must be the result of a unanimous vote of all three panel members. Any non-unanimous vote must result in a finding of non-eligibility. C. The determination of the reimbursement panel shall be final and may not be appealed. The decision of the panel as to reimbursement shall not be subject to the grievance procedure contained in Article 23A. Section 4. 4 No application for reimbursement shall be entertained by the panel until such time as there has been a final adjudication in court. Nor shall any application be entertained if the Department has taken any disciplinary/administrative action against the employee which is based on the same factual allegations that gave rise to the criminal action, unless and until such disciplinary/administrative action is finally resolved in favor of the employee. Section 5. 5 This Article shall not apply if the employee's fees for his/her criminal defense have been provided by any legal defense funds, insurance policies or the like. Section 6. 6 Nothing in this Article shall prevent the Union from seeking legislative relief above and beyond the said $2,500.003,000.00. Section 7. 7 In addition to other issues concerning employee liability that the committee Committee chooses to address, the committee shall specifically consider the following issues: : a. the relationships between M.G.L. Chapter c. 258, Section 2 and any higher insurance premium that may be charged to an employee who uses his/her private car in the course of his/her employment; b. whether or not the committee ought to recommend to the Legislature that the “assault pay” provisions of Chapter 30, Section 58 be expanded to include any other titles within the bargaining unit.; and

Employee Liability. Section 1. An employee, having custody of a patient or prisoner or rendering care or services to individuals, who is charged with a crime against the person, such crime alleged to have been committed while the employee was in the presence of the person alleging same and while such employee was performing his duties, and who, after hearing, is found by a court of law to be "not guilty" of such crime, shall be entitled to apply for reimbursement not exceeding $2,500.00 1500.00 of the legal fees actually incurred and paid by him/her in connection with the legal defense of such alleged crime in court. This Section pertaining to reimbursement shall not apply in any case where the criminal complaint is disposed of in any manner other than an adjudication of "no probable cause", "not guilty", or similar adjudication indicating the employee is innocent. Dispositions by way of nolle prosequi, plea bargaining, dismissal for lack of prosecution or any other disposition other than one clearly exonerating the employee on the merits shall not qualify the employee for reimbursement pursuant to this Section; nor shall this Section apply if the crime is alleged to have been committed while the employee was off duty. Section 2. The parties expressly recognize that this Article is intended to provide limited reimbursement to an employee who is the victim of a frivolous or malicious criminal charge related to the manner or means by which the employee performs his/her duties, and such employee has been required to employ an attorney to exonerate him/her in a criminal court. A. An eligible employee as described in Sections 1 and 2 may apply for reimbursement to a special "Reimbursement Panel" to be made up of three people: the departmental commissioner or his/her designee, the Chairman of the Alliance or his/her designee, and one other person selected by the other two. The panel shall evaluate the employee's claim for reimbursement and make a finding that either: (1) the employee is eligible for reimbursement as described in Sections 1 and 2; or that (2) the employee is not eligible. B. A determination of eligibility must be the result of a unanimous vote of all three panel members. Any non-unanimous vote must result in a finding of non-eligibility. C. The determination of the reimbursement panel shall be final and may not be appealed. The decision of the panel as to reimbursement shall not be subject to the grievance procedure contained in Article 23A. Section 4. No application for reimbursement shall be entertained by the panel until such time as there has been a final adjudication in court. Nor shall any application be entertained if the Department has taken any disciplinary/administrative action against the employee which is based on the same factual allegations that gave rise to the criminal action, unless and until such disciplinary/administrative action is finally resolved in favor of the employee. Section 5. This Article shall not apply if the employee's fees for his/her criminal defense have been provided by any legal defense funds, insurance policies or the like. Section 6. Nothing in this Article shall prevent the Union from seeking legislative relief above and beyond the said $2,500.001,500.00. Section 7. In addition to other issues concerning employee liability that the committee chooses to address, the committee shall specifically consider the following issues: a. the relationships between M.G.L. Chapter 258, Section 2 and any higher insurance premium that may be charged to an employee who uses his/her private car in the course of his/her employment; b. whether or not the committee ought to recommend to the Legislature that the “assault pay” provisions of Chapter 30, Section 58 be expanded to include any other titles within the bargaining unit.

Employee Liability. Section 1. An employee, employee having custody of a patient or prisoner or rendering care or services to individuals, an individual who is charged with a crime against the person, such crime alleged to have been committed while the employee was in the presence of the person alleging same and while such employee was performing his his/her duties, and who, after hearing, is found by a court of law to be "not guilty" of such crime, shall be entitled to apply for reimbursement not exceeding $2,500.00 5,000.00 of the legal fees actually incurred and paid by him/her in connection with the legal defense of such alleged crime in court. This Section pertaining to reimbursement shall not apply in any case where the criminal complaint is disposed of in any manner other than an adjudication of "no probable cause", "not guilty", or similar adjudication indicating the employee is innocent. Dispositions by way of nolle prosequi, plea bargaining, dismissal for lack of prosecution or any other disposition other than one clearly exonerating the employee on the merits shall not qualify the employee for reimbursement pursuant to this Section; nor shall this Section apply if the crime is alleged to have been committed while the employee was off off-duty. Section 2. The parties expressly recognize that this Article is intended to provide limited reimbursement to an employee who is the victim of a frivolous or malicious criminal charge related to the manner or means by which the employee performs his/her duties, and such employee has been required to employ an attorney to exonerate him/her in a criminal court. A. Section 3. An eligible employee as described in Sections 1 and 2 may apply for reimbursement to a special "Reimbursement Panel" to be made up of three (3) people: the departmental commissioner Departmental Commissioner or his/her designee, the Chairman President of the Alliance Union or his/her designee, and one (1) other person selected by the other twotwo (2). The panel shall evaluate the employee's claim for reimbursement and make a finding that either: : (1a) the employee is eligible for reimbursement as described in Sections 1 and 2; or that (2b) the employee is not eligible. B. . A determination of eligibility must be the result of a unanimous vote of all three (3) panel members. Any non-unanimous vote must result in a finding of non-eligibility. C. . The determination of the reimbursement panel shall be final and may not be appealed. The decision of the panel as to reimbursement shall not be subject to the grievance procedure contained in Article 23A. Section 4. No application for reimbursement shall be entertained by the panel until such time as there has been a final adjudication in court. Nor shall any application be entertained if the Department has taken any disciplinary/administrative action against the employee which is based on the same factual allegations that gave rise to the criminal action, unless and until such disciplinary/administrative action is finally resolved in favor of the employee. Section 5. This Article shall not apply if all the employee's fees for his/her criminal defense have been provided by any legal defense funds, insurance policies or the like. Section 6. Nothing in this Article shall prevent the Union from seeking legislative relief above and beyond the said $2,500.005,000.00. Section 7. In addition to other issues concerning employee liability that the committee Committee chooses to address, the committee shall specifically consider the following issues: a. 1. the relationships between M.G.L. Chapter c. 258, Section section 2 and any higher insurance premium that may be charged to an employee who uses his/her private car in the course of his/her employment;; and b. 2. whether or not the committee Committee ought to recommend to the Legislature legislature that the “"assault pay” " provisions of Chapter M.G.L. c. 30, Section section 58 be expanded to include any other titles within the bargaining unitBargaining Unit 4.

Employee Liability. Section 1. 1 An employee, having custody of a patient patient, or prisoner or rendering care or services to individuals, who is charged with a crime against the person, such crime alleged to have been committed while the employee was in the presence of the person alleging same and while such employee was performing his his/her duties, and who, after hearing, is found by a court of law to be "not guilty" of such crime, shall be entitled to apply for reimbursement not exceeding $2,500.00 1500.00 of the legal fees actually incurred and paid by him/her in connection with the legal defense of such alleged crime in court. This Section pertaining to reimbursement shall not apply in any case where the criminal complaint is disposed of in any manner other than an adjudication of "no probable cause", "not guilty", or similar adjudication indicating the employee is innocent. Dispositions by way of nolle prosequi, plea bargaining, dismissal for lack of prosecution or any other disposition other than one clearly exonerating the employee on the merits shall not qualify the employee for reimbursement pursuant to this Section; nor shall this Section apply if the crime is alleged to have been committed while the employee was off duty. Section 2. 2 The parties expressly recognize that this Article is intended to provide limited reimbursement to an employee who is the victim of a frivolous or malicious criminal charge related to the manner or means by which the employee performs his/her duties, and such employee has been required to employ an attorney to exonerate him/her in a criminal court. A. An eligible employee as described in Sections 1 and 2 may apply for reimbursement to a special "Reimbursement Panel" to be made up of three (3) people: 1A) the departmental commissioner or his/her designee, 2A) either the Chairman or Secretary of the Alliance or his/her designee, ; and 3A) one other person selected by the other two. those persons in 1A and 2A. The panel shall evaluate the employee's claim for reimbursement and make a finding that either: (: 1) the employee is eligible for reimbursement as described in Sections 1 and 2; or that (2) the employee is not eligible. B. A determination of eligibility must be the result of a unanimous vote of all three panel members. Any non-unanimous vote must result in a finding of non-eligibility. C. The determination of the reimbursement panel shall be final and may not be appealed. The decision of the panel as to reimbursement shall not be subject to the grievance procedure contained in Article 23A. Section 4. 4 No application for reimbursement shall be entertained by the panel until such time as there has been a final adjudication in court. Nor shall any application be entertained if the Department has taken any disciplinary/administrative action against the employee which is based on the same factual allegations that gave rise to the criminal action, unless and until such disciplinary/administrative action is finally resolved in favor of the employee. Section 5. 5 This Article shall not apply if the employee's fees for his/her criminal defense have been provided by any legal defense funds, insurance policies or the like. Section 6. 6 Nothing in this Article shall prevent the Union from seeking legislative relief above and beyond the said $2,500.001500.00. Section 7. 7 In addition to other issues concerning employee liability that the committee Committee chooses to address, the committee shall specifically consider the following issues: : a. the relationships between M.G.L. Chapter c. 258, Section 2 and any higher insurance premium that may be charged to an employee who uses his/her private car in the course of his/her employment; b. whether or not the committee ought to recommend to the Legislature that the “assault pay” provisions of Chapter 30, Section 58 be expanded to include any other titles within the bargaining unit.; and

Employee Liability. Section 1. 1 An employee, having custody of a patient patient, or prisoner or rendering care or services to individuals, who is charged with a crime against the person, such crime alleged to have been committed while the employee was in the presence of the person alleging same and while such employee was performing his his/her duties, and who, after hearing, is found by a court of law to be "“not guilty" ” of such crime, shall be entitled to apply for reimbursement not exceeding $2,500.00 3,000.00 of the legal fees actually incurred and paid by him/her in connection with the legal defense of such alleged crime in court. This Section pertaining to reimbursement shall not apply in any case where the criminal complaint is disposed of in any manner other than an adjudication of "“no probable cause"”, "“not guilty"”, or similar adjudication indicating the employee is innocent. Dispositions by way of nolle prosequi, plea bargaining, dismissal for lack of prosecution or any other disposition other than one clearly exonerating the employee on the merits shall not qualify the employee for reimbursement pursuant to this Section; nor shall this Section apply if the crime is alleged to have been committed while the employee was off duty. Section 2. 2 The parties expressly recognize that this Article is intended to provide limited reimbursement to an employee who is the victim of a frivolous or malicious criminal charge related to the manner or means by which the employee performs his/her duties, and such employee has been required to employ an attorney to exonerate him/her in a criminal court. A. An eligible employee as described in Sections 1 and 2 may apply for reimbursement xxxx- bursement to a special "“Reimbursement Panel" ” to be made up of three (3) people: 1A) the departmental commissioner or his/her designee, 2A) either the Chairman or Secretary of the Alliance or his/her designee, ; and 3A) one other person selected by the other two. those persons in 1A and 2A. The panel shall evaluate the employee's ’s claim for reimbursement and make a finding that either: (: 1) the employee is eligible for reimbursement as described in Sections 1 and 2; or that (2) the employee is not eligible. B. A determination of eligibility must be the result of a unanimous vote of all three panel members. Any non-unanimous vote must result in a finding of non-eligibility. C. The determination of the reimbursement panel shall be final and may not be appealed. The decision of the panel as to reimbursement shall not be subject to the grievance procedure contained in Article 23A. Section 4. 4 No application for reimbursement shall be entertained by the panel until such time as there has been a final adjudication in court. Nor shall any application be entertained if the Department has taken any disciplinary/administrative action against the employee which is based on the same factual allegations that gave rise to the criminal action, unless and until such disciplinary/administrative action is finally resolved in favor of the employee. Section 5. 5 This Article shall not apply if the employee's ’s fees for his/her criminal defense have been provided by any legal defense funds, insurance policies or the like. Section 6. 6 Nothing in this Article shall prevent the Union from seeking legislative relief above and beyond the said $2,500.003,000.00. Section 7. 7 In addition to other issues concerning employee liability that the committee Committee chooses to address, the committee shall specifically consider the following issues: : a. the relationships between M.G.L. Chapter c. 258, Section 2 and any higher insurance premium that may be charged to an employee who uses his/her private car in the course of his/her employment; b. whether or not the committee ought to recommend to the Legislature that the “assault pay” provisions of Chapter 30, Section 58 be expanded to include any other titles within the bargaining unit.; and

Employee Liability. Section 1. 1 An employee, employee having custody of a patient or prisoner or rendering care or services to individuals, an individual who is charged with a crime against the person, such crime alleged to have been committed while the employee was in the presence of the person alleging same and while such employee was performing his his/her duties, and who, after hearing, is found by a court of law to be "not guilty" of such crime, shall be entitled to apply for reimbursement not exceeding $2,500.00 500.00 of the legal fees actually incurred and paid by him/her in connection with the legal defense of such alleged crime in court. This Section section pertaining to reimbursement shall not apply in any case where the criminal complaint is disposed of in any manner other than an adjudication of "no probable cause", "not guilty", or similar adjudication indicating the employee is innocent. Dispositions by way of nolle prosequi, plea bargaining, dismissal for lack of prosecution or any other disposition other than one clearly exonerating the employee on the merits shall not qualify the employee for reimbursement pursuant to this Sectionsection; nor shall this Section section apply if the crime is alleged to have been committed while the employee was off duty. Section 2. 2 The parties expressly recognize that this Article is intended to provide limited reimbursement to an employee who is the victim of a frivolous or malicious criminal charge related to the manner or means by which the employee performs his/her duties, and such employee has been required to employ an attorney to exonerate him/her in a criminal court. A. Section 3 An eligible employee as described in Sections 1 and 2 may apply for reimbursement to a special "Reimbursement Panel" to be made up of three (3) people: the departmental commissioner Departmental Commissioner or his/her designee, the Chairman President of the Alliance Union or his/her designee, and one (1) other person selected by the other twotwo (2). The panel shall evaluate the employee's claim for reimbursement and make a finding that either: : (1a) the employee is eligible for reimbursement as described in Sections 1 and 2; or that (2b) the employee is not eligible. B. . A determination of eligibility must be the result of a unanimous vote of all three (3) panel members. Any non-unanimous vote must result in a finding of non-eligibility. C. . The determination of the reimbursement panel shall be final and may not be appealed. The decision of the panel as to reimbursement shall not be subject to the grievance procedure contained in Article 23A. Section 4. 4 No application for reimbursement shall be entertained by the panel until such time as there has been a final adjudication in court. Nor shall any application be entertained if the Department has taken any disciplinary/administrative action against the employee which is based on the same factual allegations that gave rise to the criminal action, unless and until such disciplinary/administrative action is finally resolved in favor of the employee. Section 5. 5 This Article shall not apply if the employee's fees for his/her criminal defense have been provided by any legal defense funds, insurance policies or the like. Section 6. 6 Nothing in this Article shall prevent the Union from seeking legislative relief above and beyond the said $2,500.00500.00. Section 7. 7 In addition to other issues concerning employee liability that the committee Committee chooses to address, the committee shall specifically consider the following issues: a. 1. the relationships between M.G.L. Chapter c. 258, Section section 2 and any higher insurance premium that may be charged to an employee who uses his/her private car in the course of his/her employment;; and b. 2. whether or not the committee Committee ought to recommend to the Legislature legislature that the “"assault pay” " provisions of Chapter M.G.L. c. 30, Section section 58 be expanded to include any other titles within the bargaining unitthis Bargaining Unit.

Employee Liability. Section 1. An employee, employee having custody of a patient or prisoner or rendering care or services to individuals, an individual who is charged with a crime against the person, such crime alleged to have been committed while the employee was in the presence of the person alleging same and while such employee was performing his his/her duties, and who, after hearing, is found by a court of law to be "not guilty" of such crime, shall be entitled to apply for reimbursement not exceeding $2,500.00 5,000.00 of the legal fees actually incurred and paid by him/her in connection with the legal defense of such alleged crime in court. This Section pertaining to reimbursement shall not apply in any case where the criminal complaint is disposed of in any manner other than an adjudication of "no probable cause", "not guilty", or similar adjudication indicating the employee is innocent. Dispositions by way of nolle prosequi, plea bargaining, dismissal for lack of prosecution or any other disposition other than one clearly exonerating the employee on the merits shall not qualify the employee for reimbursement pursuant to this Section; nor shall this Section apply if the crime is alleged to have been committed while the employee was off off- duty. Section 2. The parties expressly recognize that this Article is intended to provide limited reimbursement to an employee who is the victim of a frivolous or malicious criminal charge related to the manner or means by which the employee performs his/her duties, and such employee has been required to employ an attorney to exonerate him/her in a criminal court. A. Section 3. An eligible employee as described in Sections 1 and 2 may apply for reimbursement to a special "Reimbursement Panel" to be made up of three (3) people: the departmental commissioner Departmental Commissioner or his/her designee, the Chairman President of the Alliance Union or his/her designee, and one (1) other person selected by the other twotwo (2). The panel shall evaluate the employee's claim for reimbursement and make a finding that either: : (1a) the employee is eligible for reimbursement as described in Sections 1 and 2; or that (2b) the employee is not eligible. B. . A determination of eligibility must be the result of a unanimous vote of all three (3) panel members. Any non-unanimous vote must result in a finding of non-eligibility. C. . The determination of the reimbursement panel shall be final and may not be appealed. The decision of the panel as to reimbursement shall not be subject to the grievance procedure contained in Article 23A. Section 4. No application for reimbursement shall be entertained by the panel until such time as there has been a final adjudication in court. Nor shall any application be entertained if the Department has taken any disciplinary/administrative action against the employee which is based on the same factual allegations that gave rise to the criminal action, unless and until such disciplinary/administrative action is finally resolved in favor of the employee. Section 5. This Article shall not apply if all the employee's fees for his/her criminal defense have been provided by any legal defense funds, insurance policies or the like. Section 6. Nothing in this Article shall prevent the Union from seeking legislative relief above and beyond the said $2,500.005,000.00. Section 7. In addition to other issues concerning employee liability that the committee Committee chooses to address, the committee shall specifically consider the following issues: a. 1. the relationships between M.G.L. Chapter c. 258, Section section 2 and any higher insurance premium that may be charged to an employee who uses his/her private car in the course of his/her employment;; and b. 2. whether or not the committee Committee ought to recommend to the Legislature legislature that the “"assault pay” " provisions of Chapter M.G.L. c. 30, Section section 58 be expanded to include any other titles within the bargaining unitBargaining Unit 4.