Common use of Indemnification of Employees Clause in Contracts

Indemnification of Employees. For the purposes of this Section “necessary and reasonable legal costs” shall be based upon the account rendered by the solicitor retained in the matter, which account shall be based on the agreed tariff of fees as amended from time to time by the Counsel for the Corporation of the City of Port Xxxxx (hereinafter ‘the City’) or such other amount as may be agreed upon by the solicitor and Counsel for the City in advance of the legal fees being incurred. (a) The City will indemnify for necessary and reasonable legal costs an employee who is charged with a criminal offence, or an offence under any provincial statute (other than for minor traffic offences) arising from the performance, or attempted performance, in good faith of the employee’s duties as a police officer. (i) The City will indemnify an employee for necessary and reasonable costs for up to a three hour consultation by the employee with a lawyer as to whether the employee should make a statement, and if so, in what form, if the employee learns that an allegation has been made that the employee misconducted himself or herself in the performance of their duties if the employee (1) reasonably believes that the allegation may result in the initiation against the employee of proceedings under the Criminal Code; and (2) has been asked by the City or a person in authority to make a statement to anyone about the facts connected with the allegation. (ii) No prior arrangement for indemnification need be made by the employee with the City before obtaining the advice if fees for only up to three hours’ services will be claimed. (iii) If the employee considers the allegation involves a matter that is complex or serious so as to warrant more than three hours’ legal assistance the employee may, before consulting the lawyer, seek the City’s agreement to indemnify the employee for the cost of more than three hours’ services of the lawyer. In such cases the City will not unreasonably refuse to agree to indemnify the employee for the cost of reasonable and necessary services. (iv) If it is proven that the employee did not act in good faith in the performance of the employee’s duties as a police officer, the Union will indemnify the City for the amount properly paid by it pursuant to this subsection. (i) If an employee is named defendant in a civil action for damages arising from acts done in the performance, or attempted performance, in good faith of the employee’s duties as police officer, the employee shall be represented by counsel appointed by the City and all necessary and reasonable legal costs and damages shall be borne by the City, PROVIDED THAT the City’s obligations are conditional upon the employee cooperating fully in the defence of the action, AND PROVIDED THAT Counsel appointed by the City is given full authority in the conduct of the action, including authority to settle the action at any time in the manner Counsel deems advisable in the circumstances. (ii) If Counsel appointed by the City determines that a conflict exists between an employee’s defence of a civil action and the City of Port Moody’s defence of a civil action then the employee may be represented by their own counsel with necessary and reasonable legal costs borne by the City of Port Xxxxx. (i) An employee who is a respondent at a public hearing held pursuant to Division 3 of Part 11 of the Police Act, R.S.B.C., 1996, c. 367, arising from acts done in the performance, or attempted performance, in good faith, of the employee’s duties as a police officer shall be indemnified for the necessary and reasonable legal costs incurred in representing the employee at the public hearing. (ii) An employee who appeals under Section 154(3) of the Police Act, R.S.B.C., 1996, c. 367, the decision of an adjudicator at a public hearing arising from acts done in the performance, or attempted performance, in good faith, of the employee’s duties as a police officer shall be indemnified for the necessary and reasonable legal costs incurred in representing the employee in the appeal ONLY WHERE the appeal is successful. (e) An employee who causes the death of another person arising out of the performance, or attempted performance, in good faith of the employee’s duties shall be indemnified for the necessary and reasonable legal costs to represent the employee at an inquest held pursuant to a statute of the Province of British Columbia. (f) Where an employee desires to have legal representation in a royal commission or proceedings not otherwise referred to in this section the employee may, prior to the commencement of the proceedings, request the City to recommend to City Council that the City of Port Xxxxx indemnify the employee for all or a portion of necessary and reasonable legal costs. Upon receiving such a request the City will afford the employee an opportunity to appear before it for the purpose of attempting to persuade it that such a recommendation is appropriate. The Employer, having afforded the employee such an opportunity may, in its unqualified discretion, recommend to the City of Port Xxxxx that the request be granted, or that it be granted subject to conditions, or the City may deny such request. It is understood that the City of Port Xxxxx may accept, modify or reject the recommendation of the City. (g) Notwithstanding the other provisions of this Section, employees shall NOT be indemnified for punitive damages; for legal costs arising from grievances under the Collective Agreement; for hearings arising from charges under the Police (Discipline) Regulations; for discipline proceedings arising from charges under the Code of Professional Conduct; for acts or omissions of employees which did not arise in, or result from, circumstances peculiar to the execution of police duties; for actions which amount to wilful neglect or a gross dereliction of duty, or deliberate abuse of police power; or for wilful violation of a lawful order. (h) Notwithstanding the other provisions of this Section, where two or more employees are charged with an offence or made the subject of an action, inquiry, public hearing, inquest, or royal commission, described in paragraphs (a) and (c) through (f), arising out of substantially the same circumstances, the City may limit its indemnification pursuant to this Section to the reasonable legal costs of ONE solicitor to represent the interest of both/all of them, including representation at any appeal, UNLESS the solicitor is of the view that it would be improper for such solicitor to so represent both/all of them. If one solicitor is to be retained and the employees are unable to agree on which solicitor, the matter shall be conclusively settled by a designate of the City and a designate of the Union. (i) (i) No notice is required from employees seeking indemnity for three hours’ consultation under paragraph 9.9(a).

Indemnification of Employees. For the purposes of this Section “necessary and reasonable legal costs” shall be based upon the account rendered by the solicitor retained in the matter, which account shall be based on the agreed tariff of fees as amended from time to time by the Counsel for the Corporation of the City of Port Xxxxx (hereinafter ‘the City’) or such other amount as may be agreed upon by the solicitor and Counsel for the City in advance of the legal fees being incurred. (a) The City will indemnify for necessary and reasonable legal costs an employee who is charged with a criminal offence, or an offence under any provincial statute (other than for minor traffic offences) arising from the performance, or attempted performance, in good faith of the employee’s duties as a police officer. (i) The City will indemnify an employee for necessary and reasonable costs for up to a three two hour consultation by the employee with a lawyer as to whether the employee should make a statement, and if so, in what form, if the employee learns that an allegation has been made that the employee misconducted himself or herself in the performance of their duties if the employee (1) reasonably believes that the allegation may result in the initiation against the employee of proceedings under the Criminal Code; and (2) has been asked by the City or a person in authority to make a statement to anyone about the facts connected with the allegation. (ii) No prior arrangement for indemnification need be made by the employee with the City before obtaining the advice if fees for only up to three two hours’ services will be claimed. (iii) If the employee considers the allegation involves a matter that is complex or serious so as to warrant more than three two hours’ legal assistance the employee may, before consulting the lawyer, seek the City’s agreement to indemnify the employee for the cost of more than three two hours’ services of the lawyer. In such cases the City will not unreasonably refuse to agree to indemnify the employee for the cost of reasonable and necessary services. (iv) If it is proven that the employee did not act in good faith in the performance of the employee’s duties as a police officer, the Union will indemnify the City for the amount properly paid by it pursuant to this subsection. (i) If an employee is named defendant in a civil action for damages arising from acts done in the performance, or attempted performance, in good faith of the employee’s duties as police officer, the employee shall be represented by counsel appointed by the City and all necessary and reasonable legal costs and damages shall be borne by the City, PROVIDED THAT the City’s obligations are conditional upon the employee cooperating fully in the defence of the action, AND PROVIDED THAT Counsel appointed by the City is given full authority in the conduct of the action, including authority to settle the action at any time in the manner Counsel deems advisable in the circumstances. (ii) If Counsel appointed by the City determines that a conflict exists between an employee’s defence of a civil action and the City of Port Moody’s defence of a civil action then the employee may be represented by their own counsel with necessary and reasonable legal costs borne by the City of Port Xxxxx. (i) An employee who is a respondent at a public hearing held pursuant to Division 3 of Part 11 9 of the Police Act, R.S.B.C., 1996, c. 367, arising from acts done in the performance, or attempted performance, in good faith, of the employee’s duties as a police officer shall be indemnified for the necessary and reasonable legal costs incurred in representing the employee at the public hearing. (ii) An employee who appeals under Section 154(3) 62 of the Police Act, R.S.B.C., 1996, c. 367, the decision of an adjudicator at a public hearing arising from acts done in the performance, or attempted performance, in good faith, of the employee’s duties as a police officer shall be indemnified for the necessary and reasonable legal costs incurred in representing the employee in the appeal ONLY WHERE the appeal is successful. (e) An employee who causes the death of another person arising out of the performance, or attempted performance, in good faith of the employee’s duties shall be indemnified for the necessary and reasonable legal costs to represent the employee at an inquest held pursuant to a statute of the Province of British Columbia. (f) Where an employee desires to have legal representation in a royal commission or proceedings not otherwise referred to in this section the employee may, prior to the commencement of the proceedings, request the City to recommend to City Council that the City of Port Xxxxx indemnify the employee for all or a portion of necessary and reasonable legal costs. Upon receiving such a request the City will afford the employee an opportunity to appear before it for the purpose of attempting to persuade it that such a recommendation is appropriate. The Employer, having afforded the employee such an opportunity may, in its unqualified discretion, recommend to the City of Port Xxxxx that the request be granted, or that it be granted subject to conditions, or the City may deny such request. It is understood that the City of Port Xxxxx may accept, modify or reject the recommendation of the City. (g) Notwithstanding the other provisions of this Section, employees shall NOT be indemnified for punitive damages; for legal costs arising from grievances under the Collective Agreement; for hearings arising from charges under the Police (Discipline) Regulations; for discipline proceedings arising from charges under the Code of Professional Conduct; for acts or omissions of employees which did not arise in, or result from, circumstances peculiar to the execution of police duties; for actions which amount to wilful neglect or a gross dereliction of duty, or deliberate abuse of police power; or for wilful violation of a lawful order. (h) Notwithstanding the other provisions of this Section, where two or more employees are charged with an offence or made the subject of an action, inquiry, public hearing, inquest, or royal commission, described in paragraphs (a) and (c) through (f), arising out of substantially the same circumstances, the City may limit its indemnification pursuant to this Section to the reasonable legal costs of ONE solicitor to represent the interest of both/all of them, including representation at any appeal, UNLESS the solicitor is of the view that it would be improper for such solicitor to so represent both/all of them. If one solicitor is to be retained and the employees are unable to agree on which solicitor, the matter shall be conclusively settled by a designate of the City and a designate of the Union. (i) (i) No notice is required from employees seeking indemnity for three two hours’ consultation under paragraph 9.9(a).

Indemnification of Employees. For the purposes of this Section “necessary and reasonable legal costs” shall be based upon the account rendered by the solicitor retained in the matter, which account shall be based on the agreed tariff of fees as amended from time to time by the Counsel for the Corporation of the City of Port Xxxxx (hereinafter ‘the City’) or such other amount as may be agreed upon by the solicitor and Counsel for the City in advance of the legal fees being incurred. (a) The City will indemnify for necessary and reasonable legal costs an employee who is charged with a criminal offence, or an offence under any provincial statute (other than for minor traffic offences) arising from the performance, or attempted performance, in good faith of the employee’s duties as a police officer. (i) The City will indemnify an employee for necessary and reasonable costs for up to a three (3) hour consultation by the employee with a lawyer as to whether the employee should make a statement, and if so, in what form, if the employee learns that an allegation has been made that the employee misconducted himself or herself in the performance of their duties if the employee (1) reasonably believes that the allegation may result in the initiation against the employee of proceedings under the Criminal Code; and (2) has been asked by the City or a person in authority to make a statement to anyone about the facts connected with the allegation. (ii) No prior arrangement for indemnification need be made by the employee with the City before obtaining the advice if fees for only up to three hours’ services will be claimed. (iii) If the employee considers the allegation involves a matter that is complex or serious so as to warrant more than three (3) hours’ legal assistance the employee may, before consulting the lawyer, seek the City’s agreement to indemnify the employee for the cost of more than three hours’ services of the lawyer. In such cases the City will not unreasonably refuse to agree to indemnify the employee for the cost of reasonable and necessary services. (iv) If it is proven that the employee did not act in good faith in the performance of the employee’s duties as a police officer, the Union will indemnify the City for the amount properly paid by it pursuant to this subsection. (i) If an employee is named defendant in a civil action for damages arising from acts done in the performance, or attempted performance, in good faith of the employee’s duties as police officer, the employee shall be represented by counsel appointed by the City and all necessary and reasonable legal costs and damages shall be borne by the City, PROVIDED THAT the City’s obligations are conditional upon the employee cooperating fully in the defence of the action, AND PROVIDED THAT Counsel appointed by the City is given full authority in the conduct of the action, including authority to settle the action at any time in the manner Counsel deems advisable in the circumstances. (ii) If Counsel appointed by the City determines that a conflict exists between an employee’s defence of a civil action and the City of Port Moody’s defence of a civil action then the employee may be represented by their own counsel with necessary and reasonable legal costs borne by the City of Port Xxxxx. (i) An employee who is a respondent at a public hearing held pursuant to Division 3 of Part 11 of the Police Act, R.S.B.C., 1996, c. 367, arising from acts done in the performance, or attempted performance, in good faith, of the employee’s duties as a police officer shall be indemnified for the necessary and reasonable legal costs incurred in representing the employee at the public hearing. (ii) An employee who appeals under Section 154(3) of the Police Act, R.S.B.C., 1996, c. 367, the decision of an adjudicator at a public hearing arising from acts done in the performance, or attempted performance, in good faith, of the employee’s duties as a police officer shall be indemnified for the necessary and reasonable legal costs incurred in representing the employee in the appeal ONLY WHERE the appeal is successful. (e) An employee who causes the death of another person arising out of the performance, or attempted performance, in good faith of the employee’s duties shall be indemnified for the necessary and reasonable legal costs to represent the employee at an inquest held pursuant to a statute of the Province of British Columbia. (f) Where an employee desires to have legal representation in a royal commission or proceedings not otherwise referred to in this section the employee may, prior to the commencement of the proceedings, request the City to recommend to City Council that the City of Port Xxxxx indemnify the employee for all or a portion of necessary and reasonable legal costs. Upon receiving such a request the City will afford the employee an opportunity to appear before it for the purpose of attempting to persuade it that such a recommendation is appropriate. The Employer, having afforded the employee such an opportunity may, in its unqualified discretion, recommend to the City of Port Xxxxx that the request be granted, or that it be granted subject to conditions, or the City may deny such request. It is understood that the City of Port Xxxxx may accept, modify or reject the recommendation of the City. (g) Notwithstanding the other provisions of this Section, employees shall NOT be indemnified for punitive damages; for legal costs arising from grievances under the Collective Agreement; for hearings arising from charges under the Police (Discipline) Regulations; for discipline proceedings arising from charges under the Code of Professional Conduct; for acts or omissions of employees which did not arise in, or result from, circumstances peculiar to the execution of police duties; for actions which amount to wilful neglect or a gross dereliction of duty, or deliberate abuse of police power; or for wilful violation of a lawful order. (h) Notwithstanding the other provisions of this Section, where two or more employees are charged with an offence or made the subject of an action, inquiry, public hearing, inquest, or royal commission, described in paragraphs (a) and (c) through (f), arising out of substantially the same circumstances, the City may limit its indemnification pursuant to this Section to the reasonable legal costs of ONE solicitor to represent the interest of both/all of them, including representation at any appeal, UNLESS the solicitor is of the view that it would be improper for such solicitor to so represent both/all of them. If one solicitor is to be retained and the employees are unable to agree on which solicitor, the matter shall be conclusively settled by a designate of the City and a designate of the Union. (i) (i) No notice is required from employees seeking indemnity for three hours’ consultation under paragraph 9.9(a).

Indemnification of Employees. For the purposes of this Section “"necessary and reasonable legal costs” " shall be based upon the account rendered by the solicitor retained in the matter, which account shall be based on the agreed tariff of fees as amended from time to time by the Counsel for the Corporation of the City of Port Xxxxx (hereinafter ‘'the City’') or such other amount as may be agreed upon by between the solicitor and Counsel for the City in advance of the legal fees being incurred. (ai) The City will indemnify for necessary and reasonable legal costs an employee who is charged with a criminal offence, or an offence under any provincial statute (other than for minor traffic offences) arising from the performance, or attempted performance, performance in good faith faith, of the employee’s 's duties as a police officer. (ia) The City will indemnify an employee for necessary and the reasonable costs fees for up to a three one (1) hour consultation by the employee with a lawyer as to whether the employee should make a statement, and if so, in what form, if the employee learns that an allegation has been made that the employee misconducted himself or herself in the performance of their his or her duties if the employee (1) reasonably believes that the allegation may result in the initiation against the employee of proceedings under the Criminal Code; and (2) has been asked by the City Employer or a person in authority to make a statement to anyone about the facts connected with the allegationallega- tion. (iib) No prior arrangement for indemnification need be made by the employee with the City before obtaining the advice if fees for only up to three hours’ one (1) hour's services will be claimed. (iiic) If the employee considers the allegation involves a matter that is complex or serious so as to warrant more than three hours’ one (1) hour's legal assistance assistance, the employee may, before consulting the lawyer, seek the City’s 's agreement to indemnify the employee for the cost of more than three hours’ one (1) hour's services of the lawyer. In such cases the City will not unreasonably refuse to agree to indemnify the employee for the cost of reasonable and necessary services. (ivd) If it is proven that the employee did not act in good faith in the performance of the employee’s 's duties as a police officer, the Union will indemnify the City for the amount properly paid by it pursuant to this subsectionSection. (ia) If an employee is named defendant in a civil action for damages arising from acts done in the performance, or attempted performance, in good faith of the employee’s 's duties as a police officer, and the employee has not been guilty of dishonesty, gross negligence or malicious or willful misconduct, the employee shall be represented by counsel appointed by the City and all necessary and reasonable legal costs and damages shall be borne by the City, PROVIDED THAT the City’s obligations are conditional upon the employee cooperating fully in the defence of the action, AND PROVIDED THAT Counsel appointed by the City is given full authority in the conduct of the action, including authority to settle the action at any time in the manner Counsel deems advisable in the circumstances. (iib) If Counsel appointed by the City determines that a conflict exists between an employee’s 's defence of a civil action and the City of Port Moody’s City's defence of a civil action then the employee may be represented by their such employee's own counsel with necessary and reasonable legal costs being borne by the City of Port XxxxxCity. (iiv) An employee who is a respondent at the subject of a public hearing held inquiry by a disciplinary tribunal pursuant to Division 3 of Part 11 Section 60 of the Police Act, R.S.B.C., 1996, c. 367, Act arising from acts done in the performance, or attempted performance, in good faith, faith of the employee’s 's duties as a police officer shall be indemnified for the necessary and reasonable legal costs incurred in representing the employee employee's interests at the inquiry, UNLESS the public hearinginquiry is initiated by the employee and the tribunal determines that discipline is warranted, in which case, the employee shall not be indemnified unless Port Xxxxx City Council, in its discretion, determines that the employee should be indemnified. (iiv) An employee who appeals under the decision of a disciplinary tribunal pursuant to Section 154(3) 64 of the Police Act, R.S.B.C., 1996, c. 367, the decision of an adjudicator at a public hearing arising from acts done in the performance, or attempted performance, in good faith, of the employee’s duties as a police officer Act shall be indemnified for the necessary and reasonable legal costs incurred in representing respect of the employee in the appeal appeal, ONLY WHERE the appeal Commission or the Supreme Court, as the case may be, rejects the decision of the disciplinary tribunal and determines that no discipline is successfulwarranted. (evi) An employee who causes the death of another person arising from an act arising out of the performance, or attempted performance, in good faith of the employee’s 's duties shall be indemnified for the necessary and reasonable legal costs to represent the employee at an inquest held pursuant to a statute of the Province of British Columbia. (fvii) Where an employee desires to have legal representation a lawyer represent him or her in a royal commission or proceedings not otherwise referred to in this section Section the employee may, prior to the commencement of the proceedings, request the City Employer to recommend to City Council that the City of Port Xxxxx indemnify the employee for all or a portion of necessary and reasonable legal costs. Upon receiving such a request the City Employer will afford the employee an opportunity to appear before it for the purpose of attempting to persuade it that such a recommendation is appropriate. The Employer, having afforded the employee such an opportunity may, in its unqualified discretion, recommend to the City of Port Xxxxx that the request be granted, or that it be granted subject to conditions, or the City Employer may deny such request. It is understood that the City of Port Xxxxx may accept, modify or reject the recommendation of the CityEmployer. (gviii) Notwithstanding the other provisions of this Section, employees shall NOT be indemnified for punitive damages; for legal costs arising from grievances under the Collective Agreement; for hearings arising from charges under the Police (Discipline) Regulations; for discipline proceedings arising from charges under the Code of Professional Conduct; for acts or omissions of employees which did not arise in, or result from, circumstances peculiar to the execution of police duties; for actions which amount to wilful neglect or a gross dereliction of duty, or deliberate abuse of police power; or for wilful violation of a lawful order. (hix) Notwithstanding the other provisions of this Section, where two or more employees are charged with an offence or made the subject of an action, inquiry, public hearing, inquest, inquest or royal commission, commission described in paragraphs (a) and (ci) through (fvi), arising out of substantially the same circumstances, the City may limit its indemnification pursuant to this Section to the reasonable legal costs of ONE solicitor to represent the interest of both/all of them, including representation at any appeal, UNLESS the solicitor is of the view that it would be improper for such the solicitor to so represent both/all of them. If one solicitor is to be retained and the employees are unable to agree on which solicitor, the matter shall be conclusively settled by a designate of the City Employer and a designate of the Union. (i) (ia) No notice is required from employees seeking indemnity for three hours’ one hour's consultation under paragraph 9.9(aSubsection 9.9(ii)(a). (b) Employees who intend to apply for indemnification under any other provision of this Section shall notify the Chief Constable or designate, in writing, within 5 days of receiving formal notification of being charged with a criminal or statutory offence, named defendant in a civil action, or being made subject of a public inquiry, action, hearing, inquest or royal commission. Failure to comply with this paragraph may result in an employee being denied indemnification. (xi) Nothing in this Section shall be interpreted as limiting the Chief Constable's or the Employer's ability to discipline any employee of the Department.