Indemnification of Members. 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 Director of Legal Services for the City of Vancouver or such other amount as may be agreed upon by the solicitor and Director of Legal Services in advance of the legal fees being incurred. (a) The Employer will indemnify for necessary and reasonable legal costs a member 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 member’s duties as a police officer. (i) The Employer will indemnify a member for necessary and reasonable costs for up to a two hour consultation by the member with a lawyer as to whether the member should make a statement, and if so, in what form, if the member learns that an allegation has been made that the member misconducted himself or herself in the performance of their duties if the member (1) reasonably believes that the allegation may result in the initiation against the member of proceedings under the Criminal Code; and (2) has been asked by the Employer 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 member with the Employer before obtaining the advice if fees for only up to two hours’ services will be claimed. (iii) If the member considers the allegation involves a matter that is complex or serious so as to warrant more than two hours’ legal assistance the member may, before consulting the lawyer, seek the Employer’s agreement to indemnify the member for the cost of more than two hours’ services of the lawyer. In such cases the Employer will not unreasonably refuse to agree to indemnify the member for the cost of reasonable and necessary services. (iv) If it is proven that the member did not act in good faith in the performance of the member’s duties as a police officer, the Union will indemnify the Employer for the amount properly paid by it pursuant to this subsection. (i) If a member is named defendant in a civil action for damages arising from acts done in the performance, or attempted performance, in good faith of the member’s duties as police officer, the member shall be represented by counsel appointed by the Director of Legal Services for the City of Vancouver 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 member cooperating fully in the defence of the action, AND PROVIDED THAT the Director of Legal Services is given full authority in the conduct of the action, including authority to settle the action at any time in the manner the Director of Legal Services deems advisable in the circumstances. (ii) If the Director of Legal Services determines that a conflict exists between a member’s defence of a civil action and the City of Vancouver’s defence of a civil action then the member may be represented by their own counsel with necessary and reasonable legal costs borne by the City of Vancouver. (i) A member who is a respondent at a public hearing held pursuant to Part 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 member’s duties as a police officer shall be indemnified for the necessary and reasonable legal costs incurred in representing the member at the public hearing. (ii) A member who appeals under Section 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 member’s duties as a police officer shall be indemnified for the necessary and reasonable legal costs incurred in representing the member in the appeal ONLY WHERE the appeal is successful. (e) A member who causes the death of another person arising out of the performance, or attempted performance, in good faith of the member’s duties shall be indemnified for the necessary and reasonable legal costs to represent the member at an inquest held pursuant to a statute of the Province of British Columbia. (f) Where a member desires to have legal representation in a royal commission or proceedings not otherwise referred to in this section the member may, prior to the commencement of the proceedings, request the Employer to recommend to City Council that the City of Vancouver indemnify the member for all or a portion of necessary and reasonable legal costs. Upon receiving such a request the Employer will afford the member 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 member such an opportunity may, in its unqualified discretion, recommend to the City of Vancouver that the request be granted, or that it be granted subject to conditions, or the Employer may deny such request. It is understood that the City of Vancouver may accept, modify or reject the recommendation of the Employer. (g) Notwithstanding the other provisions of this Section, members 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 members 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 members 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 members are unable to agree on which solicitor, the matter shall be conclusively settled by a designate of the Employer and a designate of the Union. (i) (i) No notice is required from members seeking indemnity for two hours’ consultation under paragraph 9.9(a).
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Indemnification of Members. For the purposes of this Section Article “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 Director of Legal Services Counsel for the City Corporation of Vancouver Delta (hereinafter ‘the Corporation’) or such other amount as may be agreed upon by the solicitor and Director of Legal Services Counsel for the Corporation in advance of the legal fees being incurred.
(a) The Employer Corporation will indemnify for necessary and reasonable legal costs a member 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 faith, of the member’s duties as a police officer.
(i) The Employer Corporation will indemnify a member for necessary and reasonable costs for up to a two three-hour consultation by the member with a lawyer as to whether the member should make a statement, and if so, in what form, if the member learns that an allegation has been made that the member misconducted himself or herself in the performance of their duties if the member
(1) reasonably believes that the allegation may result in the initiation against the member of proceedings under the Criminal Code; and
(2) has been asked by the Employer 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 member with the Employer Corporation before obtaining the advice if fees for only up to two three (3) hours’ services will be claimed.
(iii) If the member considers the allegation involves a matter that is complex or serious so as to warrant more than two three (3) hours’ legal assistance the member may, before consulting the lawyer, seek the EmployerCorporation’s agreement to indemnify the member for the cost of more than two three (3) hours’ services of the lawyer. In such cases the Employer Corporation will not unreasonably refuse to agree to indemnify the member for the cost of reasonable and necessary services.
(iv) If it is proven that the member did not act in good faith in the performance of the member’s duties as a police officer, the Union Association will indemnify the Employer Corporation for the amount properly paid by it pursuant to this subsectionArticle.
(i) If a member is named defendant in a civil action for damages arising from acts done in the performance, or attempted performance, in good faith of the member’s duties as police officer, the member shall be represented by counsel appointed by the Director of Legal Services for the City of Vancouver Corporation and all necessary and reasonable legal costs and damages shall be borne by the CityCorporation, PROVIDED THAT the CityCorporation’s obligations are conditional upon the member cooperating fully in the defence of the action, AND PROVIDED THAT Counsel appointed by the Director of Legal Services Corporation is given full authority in the conduct of the action, including authority to settle the action at any time in the manner the Director of Legal Services Counsel deems advisable in the circumstances.
(ii) If Counsel appointed by the Director of Legal Services Corporation determines that a conflict exists between a member’s defence of a civil action and the City of VancouverCorporation’s defence of a civil action then the member may be represented by their own counsel with necessary and reasonable legal costs borne by the City of VancouverCorporation.
(i) A member who is a respondent at a public hearing held pursuant to Part 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 member’s duties as a police officer shall be indemnified for the necessary and reasonable legal costs incurred in representing the member at the public hearing.
(ii) A member who appeals under Section 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 member’s duties as a police officer shall be indemnified for the necessary and reasonable legal costs incurred in representing the member in the appeal ONLY WHERE the appeal is successful.
(e) A member who causes the death of another person arising out of the performance, or attempted performance, in good faith of the member’s duties shall be indemnified for the necessary and reasonable legal costs to represent the member at an inquest held pursuant to a statute of the Province of British Columbia.
(f) Where a member desires to have legal representation in a royal commission or proceedings not otherwise referred to in this section Article the member may, prior to the commencement of the proceedings, request the Employer to recommend to City Municipal Council that the City of Vancouver Corporation indemnify the member for all or a portion of necessary and reasonable legal costs. Upon receiving such a request the Employer will afford the member 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 member such an opportunity may, in its unqualified discretion, recommend to the City of Vancouver Corporation that the request be granted, or that it be granted subject to conditions, or the Employer may deny such request. It is understood that the City of Vancouver Corporation may accept, modify or reject the recommendation of the Employer.
(g) Notwithstanding the other provisions of this SectionArticle, members 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 members which did not arise in, or result from, circumstances peculiar to the execution of police duties; for actions which amount to wilful willful neglect or a gross dereliction of duty, or deliberate abuse of police power; or for wilful willful violation of a lawful order.
(h) Notwithstanding the other provisions of this SectionArticle, where two (2) or more members 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 Corporation 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 members are unable to agree on which solicitor, the matter shall be conclusively settled by a designate of the Employer and a designate of the UnionAssociation.
(i) (i) No notice is required from members seeking indemnity for two three (3) hours’ consultation under paragraph 9.9(aSubsection 16.8(b)(i).
Appears in 1 contract
Samples: Collective Agreement
Indemnification of Members. For the purposes of this Section “Article "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 Director of Legal Services Counsel for the City of Vancouver Xxxxxx or such other amount as may be agreed upon by the solicitor and Director of Legal Services legal counsel in advance of the legal fees being incurred.
(a) The Employer will indemnify for necessary and reasonable legal costs a A member who is charged with a criminal or statutory or major traffic offence, or an offence under any provincial statute (other than for minor traffic offences) arising from acts done in the performance, or attempted performance, in good faith of the member’s his duties as a police officer.
(i) The Employer will indemnify a member officer shall be indemnified for the necessary and reasonable legal costs for up to a two hour consultation by the member with a lawyer as to whether the member should make a statement, and if so, in what form, if the member learns that an allegation has been made that the member misconducted himself or herself incurred in the performance defence of their duties if the member
(1) reasonably believes that the allegation may result in the initiation against the member of proceedings under the Criminal Code; and
(2) has been asked by the Employer 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 member with the Employer before obtaining the advice if fees for only up to two hours’ services will be claimed.
(iii) If the member considers the allegation involves a matter that is complex or serious so as to warrant more than two hours’ legal assistance the member may, before consulting the lawyer, seek the Employer’s agreement to indemnify the member for the cost of more than two hours’ services of the lawyer. In such cases the Employer will not unreasonably refuse to agree to indemnify the member for the cost of reasonable and necessary services.
(iv) If it is proven that the member did not act in good faith in the performance of the member’s duties as a police officer, the Union will indemnify the Employer for the amount properly paid by it pursuant to this subsectioncharge.
(i) If a member is named defendant in a civil action for damages arising from acts done in the performance, or attempted performance, in good faith of the member’s his duties as a police officer, the member he shall be represented by counsel appointed by the Director of Legal Services for the City of Vancouver Xxxxxx 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 member cooperating fully in the defence of the action, AND PROVIDED THAT the Director of Legal Services City is given full authority in the conduct of the action, including authority to settle the action at any time in the manner the Director of Legal Services he deems advisable in the circumstances.
(ii) If legal counsel for the Director of Legal Services City determines that a conflict exists between a member’s 's defence of a civil action and the City of Vancouver’s Nelson's defence of a civil action then the member may be represented by their his own counsel with necessary and reasonable legal costs borne by the City of VancouverXxxxxx.
(iiii) A member who is a respondent at the subject of a public hearing held inquiry by a disciplinary tribunal pursuant to Part 9 Section 40 of the Police Act, R.S.B.C., 1996, c. 367, Act arising from the acts done in the performance, or attempted performance, in good faith, faith of the member’s his duties as a police officer shall be indemnified for the necessary and reasonable legal costs incurred in representing his interests at the inquiry, UNLESS the public inquiry is initiated by the member at and the public hearingtribunal determines that discipline is warranted, in which case the member shall not be indemnified unless Xxxxxx City Council, in its discretion, determines that the member should be indemnified.
(iiiv) A member who appeals under the decision of a disciplinary tribunal pursuant to Section 62 45 or 47 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 member’s duties as a police officer Act shall be indemnified for the necessary and reasonable legal costs incurred in representing respect of the member 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.
(e) A member who causes the death of another person arising out of the performance, or attempted performance, in good faith of the member’s duties shall be indemnified for the necessary and reasonable legal costs to represent the member at an inquest held pursuant to a statute of the Province of British Columbia.
(f) Where a member desires to have legal representation in a royal commission or proceedings not otherwise referred to in this section the member may, prior to the commencement of the proceedings, request the Employer to recommend to City Council that the City of Vancouver indemnify the member for all or a portion of necessary and reasonable legal costs. Upon receiving such a request the Employer will afford the member 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 member such an opportunity may, in its unqualified discretion, recommend to the City of Vancouver that the request be granted, or that it be granted subject to conditions, or the Employer may deny such request. It is understood that the City of Vancouver may accept, modify or reject the recommendation of the Employer.
(gv) Notwithstanding the other provisions of this SectionArticle, members 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 members which did not arise in, or result from, circumstances peculiar to the execution of police duties; for actions which amount to wilful willful neglect or a gross dereliction of duty, or deliberate abuse of police power; or for wilful willful violation of a lawful order.
(hvi) Notwithstanding the other provisions of this SectionArticle, where two or more members are charged with an offence or made the subject of an action, inquiry, public inquiry of hearing, inquest, or royal commission, described in paragraphs (a) and (ci) through (fiv), arising out of substantially the same circumstances, the City may limit its indemnification pursuant to this Section Article to the reasonable legal costs of ONE solicitor to represent the interest interests 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 him to so represent both/all of them. If one solicitor is to be retained and the members are unable to agree on which solicitor, the matter shall be conclusively settled by a designate of the Employer Board and a designate of the UnionAssociation.
(ivii) (i) No notice is required from members seeking indemnity Members who intend to apply for two hours’ consultation indemnification under paragraph 9.9(a).this Article shall notify the Chief Constable or his designate, in writing, within five
Appears in 1 contract
Samples: Collective Bargaining Agreement
Indemnification of Members. Effective 2001 February 13: For the purposes of this Section Article “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 Director of Legal Services Counsel for the City Corporation of Vancouver Delta (hereinafter ‘the Corporation’) or such other amount as may be agreed upon by the solicitor and Director of Legal Services Counsel for the Corporation in advance of the legal fees being incurred.
(a) The Employer Corporation will indemnify for necessary and reasonable legal costs a member 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 faith, of the member’s duties as a police officer.
(i) The Employer Corporation will indemnify a member for necessary and reasonable costs for up to a two two-hour consultation by the member with a lawyer as to whether the member should make a statement, and if so, in what form, if the member learns that an allegation has been made that the member misconducted himself or herself in the performance of their duties if the member
(1) reasonably believes that the allegation may result in the initiation against the member of proceedings under the Criminal Code; and
(2) has been asked by the Employer 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 member with the Employer Corporation before obtaining the advice if fees for only up to two hours’ services will be claimed.
(iii) If the member considers the allegation involves a matter that is complex or serious so as to warrant more than two hours’ legal assistance the member may, before consulting the lawyer, seek the EmployerCorporation’s agreement to indemnify the member for the cost of more than two hours’ services of the lawyer. In such cases the Employer Corporation will not unreasonably refuse to agree to indemnify the member for the cost of reasonable and necessary services.
(iv) If it is proven that the member did not act in good faith in the performance of the member’s duties as a police officer, the Union Association will indemnify the Employer Corporation for the amount properly paid by it pursuant to this subsectionArticle.
(i) If a member is named defendant in a civil action for damages arising from acts done in the performance, or attempted performance, in good faith of the member’s duties as police officer, the member shall be represented by counsel appointed by the Director of Legal Services for the City of Vancouver Corporation and all necessary and reasonable legal costs and damages shall be borne by the CityCorporation, PROVIDED THAT the CityCorporation’s obligations are conditional upon the member cooperating fully in the defence of the action, AND PROVIDED THAT Counsel appointed by the Director of Legal Services Corporation is given full authority in the conduct of the action, including authority to settle the action at any time in the manner the Director of Legal Services Counsel deems advisable in the circumstances.
(ii) If Counsel appointed by the Director of Legal Services Corporation determines that a conflict exists between a member’s defence of a civil action and the City of VancouverCorporation’s defence of a civil action then the member may be represented by their own counsel with necessary and reasonable legal costs borne by the City Corporation.
(i) A member who is the subject of Vancouvera public inquiry by a disciplinary tribunal pursuant to Section 60 of the Police Act, S.B.C., 1988, c. 53, arising from acts done in the performance, or attempted performance, in good faith of the member’s duties as a police officer shall be indemnified for the necessary and reasonable legal costs incurred in representing the member’s interests at the inquiry, UNLESS the public inquiry is initiated by the member and the tribunal determines that discipline is warranted, in which case the member shall not be indemnified unless Delta Municipal Council, in its discretion, determines that the member should be indemnified.
(ii) A member who appeals the decision of a disciplinary tribunal pursuant to Sections 64 and 65 of the Police Act, S.B.C., 1988, c. 53, shall be indemnified for the necessary and reasonable legal costs incurred in respect of the appeal, ONLY WHERE the Commission or the Supreme Court, as the case may be, rejects the decision of the disciplinary tribunal and determines that no discipline is warranted.
(i) A member who is a respondent at a public hearing held pursuant to Part 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 member’s duties as a police officer shall be indemnified for the necessary and reasonable legal costs incurred in representing the member at the public hearing.
(ii) A member who appeals under Section 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 member’s duties as a police officer shall be indemnified for the necessary and reasonable legal costs incurred in representing the member in the appeal ONLY WHERE the appeal is successful.
(ef) A member who causes the death of another person arising out of the performance, or attempted performance, in good faith of the member’s duties shall be indemnified for the necessary and reasonable legal costs to represent the member at an inquest held pursuant to a statute of the Province of British Columbia.
(fg) Where a member desires to have legal representation in a royal commission or proceedings not otherwise referred to in this section Article the member may, prior to the commencement of the proceedings, request the Employer to recommend to City Municipal Council that the City of Vancouver Corporation indemnify the member for all or a portion of necessary and reasonable legal costs. Upon receiving such a request the Employer will afford the member 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 member such an opportunity may, in its unqualified discretion, recommend to the City of Vancouver Corporation that the request be granted, or that it be granted subject to conditions, or the Employer may deny such request. It is understood that the City of Vancouver Corporation may accept, modify or reject the recommendation of the Employer.
(gh) Notwithstanding the other provisions of this SectionArticle, members 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 members which did not arise in, or result from, circumstances peculiar to the execution of police duties; for actions which amount to wilful willful neglect or a gross dereliction of duty, or deliberate abuse of police power; or for wilful willful violation of a lawful order.
(hi) Notwithstanding the other provisions of this SectionArticle, where two or more members 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 (fg), arising out of substantially the same circumstances, the City Corporation 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 members are unable to agree on which solicitor, the matter shall be conclusively settled by a designate of the Employer and a designate of the UnionAssociation.
(ij) (i) No notice is required from members seeking indemnity for two hours’ consultation under paragraph 9.9(aSubsection 15.9(b)(i).
Appears in 1 contract
Samples: Collective Agreement
Indemnification of Members. For the purposes of this Section Clause, “necessary and reasonable legal costs” shall will be based upon the account rendered by the solicitor retained in the matter, which account shall will be based on the agreed tariff of fees as amended from time to time by the Director Counsel for the Corporation of Legal Services for the City of Vancouver New Westminster (hereinafter ‘the City’) or such other amount as may be agreed upon by the solicitor and Director of Legal Services Counsel for the City in advance of the legal fees being incurred.
(a) The Employer City will indemnify for necessary and reasonable legal costs a member 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 faith, of the member’s duties as a police officer.
(i) The Employer City will indemnify a member for necessary and reasonable costs for up to a two three-hour consultation by the member with a lawyer as to whether the member should make a statement, and if so, in what form, if the member learns that an allegation has been made that the member misconducted himself or herself themself in the performance of their duties if the member
(1) reasonably believes that the allegation may result in the initiation against the member of proceedings under the Criminal Code; and
(2) has been asked by the Employer Board 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 member with the Employer City before obtaining the advice if fees for only up to two three hours’ services will be claimed.
(iii) If the member considers the allegation involves a matter that is complex or serious so as to warrant more than two three hours’ legal assistance the member may, before consulting the lawyer, seek the EmployerCity’s agreement to indemnify the member for the cost of more than two three hours’ services of the lawyer. In such cases the Employer City will not unreasonably refuse to agree to indemnify the member for the cost of reasonable and necessary services.
(iv) If it is proven that the member did not act in good faith in the performance of the member’s duties as a police officer, the Union Association will indemnify the Employer City for the amount properly paid by it pursuant to this subsectionClause.
(i) If a member is named defendant in a civil action for damages arising from acts done in the performance, or attempted performance, in good faith of the member’s duties as police officer, the member shall will be represented by counsel appointed by the Director of Legal Services for the City of Vancouver and all necessary and reasonable legal costs and damages shall will be borne by the City, PROVIDED THAT the City’s obligations are conditional upon the member cooperating fully in the defence of the action, AND PROVIDED THAT Counsel appointed by the Director of Legal Services City is given full authority in the conduct of the action, including authority to settle the action at any time in the manner the Director of Legal Services Counsel deems advisable in the circumstances.
(ii) If Counsel appointed by the Director of Legal Services City determines that a conflict exists between a member’s defence of a civil action and the City of VancouverCity’s defence of a civil action then the member may be represented by their own counsel with necessary and reasonable legal costs borne by the City of VancouverCity.
(i) A member who is a respondent at a public hearing held pursuant to Part 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 member’s duties as a police officer shall will be indemnified for the necessary and reasonable legal costs incurred in representing the member at the public hearing.
(ii) A member who appeals under Section 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 member’s duties as a police officer shall will be indemnified for the necessary and reasonable legal costs incurred in representing the member in the appeal ONLY WHERE the appeal is successful.
(e) A member who causes the death of another person arising out of the performance, or attempted performance, in good faith of the member’s duties shall will be indemnified for the necessary and reasonable legal costs to represent the member at an inquest held pursuant to a statute of the Province of British Columbia.
(f) Where a member desires to have legal representation in a royal commission or proceedings not otherwise referred to in this section Clause the member may, prior to the commencement of the proceedings, request the Employer Board to recommend to City Council that the City of Vancouver indemnify the member for all or a portion of necessary and reasonable legal costs. Upon receiving such a request the Employer Board will afford the member an opportunity to appear before it for the purpose of attempting to persuade it that such a recommendation is appropriate. The EmployerBoard, having afforded the member such an opportunity may, in its unqualified discretion, recommend to the City of Vancouver that the request be granted, or that it be granted subject to conditions, or the Employer Board may deny such request. It is understood that the City of Vancouver may accept, modify or reject the recommendation of the EmployerBoard.
(g) Notwithstanding the other provisions of this SectionClause, members shall will 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 members which did not arise in, or result from, circumstances peculiar to the execution of police duties; for actions which amount to wilful willful neglect or a gross dereliction of duty, or deliberate abuse of police power; or for wilful willful violation of a lawful order.
(h) Notwithstanding the other provisions of this SectionClause, where two or more members 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 members are unable to agree on which solicitor, the matter shall be conclusively settled by a designate of the Employer and a designate of the Union.
(i) (i) No notice is required from members seeking indemnity for two hours’ consultation under paragraph 9.9(a).and
Appears in 1 contract
Samples: Collective Agreement
Indemnification of Members. For the purposes of this Section Article “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 Director of Legal Services Counsel for the City Corporation of Vancouver Delta (hereinafter ‘the Corporation’) or such other amount as may be agreed upon by the solicitor and Director of Legal Services Counsel for the Corporation in advance of the legal fees being incurred.
(a) The Employer Corporation will indemnify for necessary and reasonable legal costs a member 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 faith, of the member’s duties as a police officer.
(i) The Employer Corporation will indemnify a member for necessary and reasonable costs for up to a two hour three‐hour consultation by the member with a lawyer as to whether the member should make a statement, and if so, in what form, if the member learns that an allegation has been made that the member misconducted himself or herself in the performance of their duties if the member
(1) reasonably believes that the allegation may result in the initiation against the member of proceedings under the Criminal Code; and
(2) has been asked by the Employer 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 member with the Employer Corporation before obtaining the advice if fees for only up to two three hours’ services will be claimed.
(iii) If the member considers the allegation involves a matter that is complex or serious so as to warrant more than two three hours’ legal assistance the member may, before consulting the lawyer, seek the EmployerCorporation’s agreement to indemnify the member for the cost of more than two three hours’ services of the lawyer. In such cases the Employer Corporation will not unreasonably refuse to agree to indemnify the member for the cost of reasonable and necessary services.
(iv) If it is proven that the member did not act in good faith in the performance of the member’s duties as a police officer, the Union Association will indemnify the Employer Corporation for the amount properly paid by it pursuant to this subsectionArticle.
(i) If a member is named defendant in a civil action for damages arising from acts done in the performance, or attempted performance, in good faith of the member’s duties as police officer, the member shall be represented by counsel appointed by the Director of Legal Services for the City of Vancouver Corporation and all necessary and reasonable legal costs and damages shall be borne by the CityCorporation, PROVIDED THAT the CityCorporation’s obligations are conditional upon the member cooperating fully in the defence of the action, AND PROVIDED THAT Counsel appointed by the Director of Legal Services Corporation is given full authority in the conduct of the action, including authority to settle the action at any time in the manner the Director of Legal Services Counsel deems advisable in the circumstances.
(ii) If Counsel appointed by the Director of Legal Services Corporation determines that a conflict exists between a member’s defence of a civil action and the City of VancouverCorporation’s defence of a civil action then the member may be represented by their own counsel with necessary and reasonable legal costs borne by the City of VancouverCorporation.
(i) A member who is a respondent at a public hearing held pursuant to Part 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 member’s duties as a police officer shall be indemnified for the necessary and reasonable legal costs incurred in representing the member at the public hearing.
(ii) A member who appeals under Section 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 member’s duties as a police officer shall be indemnified for the necessary and reasonable legal costs incurred in representing the member in the appeal ONLY WHERE the appeal is successful.
(e) A member who causes the death of another person arising out of the performance, or attempted performance, in good faith of the member’s duties shall be indemnified for the necessary and reasonable legal costs to represent the member at an inquest held pursuant to a statute of the Province of British Columbia.
(f) Where a member desires to have legal representation in a royal commission or proceedings not otherwise referred to in this section Article the member may, prior to the commencement of the proceedings, request the Employer to recommend to City Municipal Council that the City of Vancouver Corporation indemnify the member for all or a portion of necessary and reasonable legal costs. Upon receiving such a request the Employer will afford the member 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 member such an opportunity may, in its unqualified discretion, recommend to the City of Vancouver Corporation that the request be granted, or that it be granted subject to conditions, or the Employer may deny such request. It is understood that the City of Vancouver Corporation may accept, modify or reject the recommendation of the Employer.
(g) Notwithstanding the other provisions of this SectionArticle, members 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 members which did not arise in, or result from, circumstances peculiar to the execution of police duties; for actions which amount to wilful willful neglect or a gross dereliction of duty, or deliberate abuse of police power; or for wilful willful violation of a lawful order.
(h) Notwithstanding the other provisions of this SectionArticle, where two or more members 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 Corporation 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 members are unable to agree on which solicitor, the matter shall be conclusively settled by a designate of the Employer and a designate of the UnionAssociation.
(i) (i) No notice is required from members seeking indemnity for two three hours’ consultation under paragraph 9.9(aSubsection 16.8(b)(i).
Appears in 1 contract
Samples: Collective Agreement
Indemnification of Members. For the purposes of this Section “Article "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 Director of Legal Services Counsel for the City Corporation of Vancouver Delta (hereinafter 'the Corporation') or such other amount as may be agreed upon by the solicitor and Director of Legal Services Counsel for the Corporation in advance of the legal fees being incurred.
(a) The Employer Corporation will indemnify for necessary and reasonable legal costs a member 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 member’s 's duties as a police officer.
(i) The Employer Corporation will indemnify a member for necessary and the reasonable costs fees for up to a two one (1) hour consultation by the member with a lawyer as to whether the member should make a statement, and if so, in what form, if the member learns that an allegation has been made that the member misconducted himself or herself of misconduct in the performance of their the member's duties has been made if the member
(1) reasonably believes that the allegation may result in the initiation against the member of proceedings under the Criminal Code; and
(2) has been asked by the Employer 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 member with the Employer Corporation before obtaining the advice if fees for only up to two hours’ one (1) hour's services will be claimed.
(iii) If the member considers the allegation involves a matter that is complex or serious so as to warrant more than two hours’ one (1) hour's legal assistance assistance, the member may, before consulting the lawyer, seek the Employer’s Corporation's agreement to indemnify the member for the cost of more than two hours’ one (1) hour's services of the lawyer. In such cases the Employer Corporation will not unreasonably refuse to agree to indemnify the member for the cost of reasonable and necessary services.
(iv) If it is proven that the member did not act in good faith in the performance of the member’s 's duties as a police officer, the Union will indemnify the Employer Corporation for the amount properly paid by it pursuant to this subsectionArticle.
(i) If a member is named defendant in a civil action for damages arising from acts done in the performance, or attempted performance, in good faith of the member’s 's duties as a police officer, and the member has not been guilty of dishonesty, gross negligence or malicious or willful misconduct, the member shall be represented by counsel appointed by the Director of Legal Services for the City of Vancouver Corporation and all necessary and reasonable legal costs and damages shall be borne by the CityCorporation, PROVIDED THAT Counsel appointed by the City’s obligations are conditional upon the member cooperating fully in the defence of the action, AND PROVIDED THAT the Director of Legal Services Corporation is given full authority in the conduct of the action, including authority to settle the action at any time in the manner the Director of Legal Services Counsel deems advisable in the circumstances.
(ii) If Counsel appointed by the Director of Legal Services Corporation determines that a conflict exists between a member’s 's defence of a civil action and the City of Vancouver’s Corporation's defence of a civil action then the member may be represented by their the member's own counsel with necessary and reasonable legal costs being borne by the City of VancouverCorporation.
(id) A member who is a respondent at the subject of a public hearing held inquiry by a disciplinary tribunal pursuant to Part 9 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 member’s 's duties as a police officer shall be indemnified for the necessary and reasonable legal costs incurred in representing the member member's interests at the inquiry, UNLESS the public hearinginquiry is initiated by the member and the tribunal determines that discipline is warranted, in which case, the member shall not be indemnified unless Delta Municipal Council, in its discretion, determines that the member should be indemnified.
(iie) A member who appeals under the decision of a disciplinary tribunal pursuant to Section 62 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 member’s duties as a police officer Act shall be indemnified for the necessary and reasonable reason- able legal costs incurred in representing respect of the member 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.
(ef) A member who causes the death of another person arising from an act arising out of the performance, or attempted performance, in good faith of the member’s 's duties shall be indemnified for the necessary and reasonable legal costs to represent the member at an inquest held pursuant to a statute of the Province of British Columbia.
(fg) Where a member desires to have legal representation a lawyer represent him or her in a royal commission or proceedings not otherwise referred to in this section Article the member may, prior to the commencement of the proceedings, request the Employer to recommend to City Municipal Council that the City of Vancouver Corporation indemnify the member for all or a portion of necessary and reasonable legal costs. Upon receiving such a request the Employer will afford the member 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 member such an opportunity may, in its unqualified discretion, recommend to the City of Vancouver Corporation that the request be granted, or that it be granted subject to conditions, or the Employer may deny such request. It is understood that the City of Vancouver Corporation may accept, modify or reject the recommendation of the Employer.
(gh) Notwithstanding the other provisions of this SectionArticle, members 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 members 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.
(hi) Notwithstanding the other provisions of this SectionArticle, where two or more members 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 Corporation 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 members are unable to agree on which solicitor, the matter shall be conclusively settled by a designate of the Employer and a designate of the Union.
(i) (i) No notice is required from members seeking indemnity for two hours’ one hour's consultation under paragraph 9.9(aSubsection 15.9(b)(i).
(ii) Members who intend to apply for indemnification under any other provision of this Article 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 a member being denied indemnification.
(k) Nothing in this Article shall be interpreted as limiting the Chief Constable's or the Employer's ability to discipline any member of the Department.
Appears in 1 contract
Samples: Collective Agreement
Indemnification of Members. For the purposes of this Section Clause, “necessary and reasonable legal costs” shall will be based upon the account rendered by the solicitor retained in the matter, which account shall will be based on the agreed tariff of fees as amended from time to time by the Director Counsel for the Corporation of Legal Services for the City of Vancouver New Westminster (hereinafter ‘the City’) or such other amount as may be agreed upon by the solicitor and Director of Legal Services Counsel for the City in advance of the legal fees being incurred.
(a) The Employer City will indemnify for necessary and reasonable legal costs a member 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 faith, of the member’s duties as a police officer.
(i) The Employer City will indemnify a member for necessary and reasonable costs for up to a two three (3) hour consultation by the member with a lawyer as to whether the member should make a statement, and if so, in what form, if the member learns that an allegation has been made that the member misconducted himself or herself themself in the performance of their duties if the member
(1) reasonably believes that the allegation may result in the initiation against the member of proceedings under the Criminal Code; and
(2) has been asked by the Employer Board 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 member with the Employer City before obtaining the advice if fees for only up to two three (3) hours’ services will be claimed.
(iii) If the member considers the allegation involves a matter that is complex or serious so as to warrant more than two three hours’ legal assistance the member may, before consulting the lawyer, seek the EmployerCity’s agreement to indemnify the member for the cost of more than two three hours’ services of the lawyer. In such cases the Employer City will not unreasonably refuse to agree to indemnify the member for the cost of reasonable and necessary services.
(iv) If it is proven that the member did not act in good faith in the performance of the member’s duties as a police officer, the Union Association will indemnify the Employer City for the amount properly paid by it pursuant to this subsectionClause.
(i) If a member is named defendant in a civil action for damages arising from acts done in the performance, or attempted performance, in good faith of the member’s duties as police officer, the member shall will be represented by counsel appointed by the Director of Legal Services for the City of Vancouver and all necessary and reasonable legal costs and damages shall will be borne by the City, PROVIDED THAT the City’s obligations are conditional upon the member cooperating fully in the defence of the action, AND PROVIDED THAT Counsel appointed by the Director of Legal Services City is given full authority in the conduct of the action, including authority to settle the action at any time in the manner the Director of Legal Services Counsel deems advisable in the circumstances.
(ii) If Counsel appointed by the Director of Legal Services City determines that a conflict exists between a member’s defence of a civil action and the City of VancouverCity’s defence of a civil action then the member may be represented by their own counsel with necessary and reasonable legal costs borne by the City of VancouverCity.
(i) A member who is a respondent at a public hearing held pursuant to Division 3 of Part 9 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 member’s duties as a police officer shall will be indemnified for the necessary and reasonable legal costs incurred in representing the member at the public hearing.
(ii) A member who appeals under Section 62 154(3) and (4) 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 member’s duties as a police officer shall will be indemnified for the necessary and reasonable legal costs incurred in representing the member in the appeal ONLY WHERE the appeal is successful.
(e) A member who causes the death of another person arising out of the performance, or attempted performance, in good faith of the member’s duties shall will be indemnified for the necessary and reasonable legal costs to represent the member at an inquest held pursuant to a statute of the Province of British Columbia.
(f) Where a member desires to have legal representation in a royal commission or proceedings not otherwise referred to in this section Clause the member may, prior to the commencement of the proceedings, request the Employer Board to recommend to City Council that the City of Vancouver indemnify the member for all or a portion of necessary and reasonable legal costs. Upon receiving such a request the Employer Board will afford the member an opportunity to appear before it for the purpose of attempting to persuade it that such a recommendation is appropriate. The EmployerBoard, having afforded the member such an opportunity may, in its unqualified discretion, recommend to the City of Vancouver that the request be granted, or that it be granted subject to conditions, or the Employer Board may deny such request. It is understood that the City of Vancouver may accept, modify or reject the recommendation of the EmployerBoard.
(g) Notwithstanding the other provisions of this SectionClause, members shall will NOT be indemnified for punitive damages; for legal costs arising from grievances under the Collective Agreement; for hearings arising from charges under Part 11 – Misconduct, Complaints, Investigations, Discipline and Proceedings of the Police (Discipline) RegulationsAct [RSBC 1996] Chapter 367; for discipline proceedings arising from charges under the Code of Professional Conduct; for acts or omissions of members which did not arise in, or result from, circumstances peculiar to the execution of police duties; for actions which amount to wilful willful neglect or a gross dereliction of duty, or deliberate abuse of police power; or for wilful willful violation of a lawful order.
(h) Notwithstanding the other provisions of this SectionClause, where two (2) or more members 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 (fg), 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 members are unable to agree on which solicitor, the matter shall will be conclusively settled by a designate of the Employer Board and a designate of the UnionAssociation.
(i) (i) No notice is required from members seeking indemnity for two three (3) hours’ consultation under paragraph 9.9(aSubsection 9(b)(i).
Appears in 1 contract
Samples: Collective Agreement
Indemnification of Members. For the purposes of this Section Clause, “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 Director Counsel for the Corporation of Legal Services for the City of Vancouver New Westminster (hereinafter ‘the City’) or such other amount as may be agreed upon by the solicitor and Director of Legal Services Counsel for the City in advance of the legal fees being incurred.
(a) The Employer City will indemnify for necessary and reasonable legal costs a member 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 faith, of the member’s duties as a police officer.
(i) The Employer City will indemnify a member for necessary and reasonable costs for up to a two two-hour consultation by the member with a lawyer as to whether the member should make a statement, and if so, in what form, if the member learns that an allegation has been made that the member misconducted himself or herself themself in the performance of their duties if the member
(1) reasonably believes that the allegation may result in the initiation against the member of proceedings under the Criminal Code; and
(2) has been asked by the Employer Board 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 member with the Employer City before obtaining the advice if fees for only up to two hours’ services will be claimed.
(iii) If the member considers the allegation involves a matter that is complex or serious so as to warrant more than two hours’ legal assistance the member may, before consulting the lawyer, seek the EmployerCity’s agreement to indemnify the member for the cost of more than two hours’ services of the lawyer. In such cases the Employer City will not unreasonably refuse to agree to indemnify the member for the cost of reasonable and necessary services.
(iv) If it is proven that the member did not act in good faith in the performance of the member’s duties as a police officer, the Union Association will indemnify the Employer City for the amount properly paid by it pursuant to this subsectionClause.
(i) If a member is named defendant in a civil action for damages arising from acts done in the performance, or attempted performance, in good faith of the member’s duties as police officer, the member shall be represented by counsel appointed by the Director of Legal Services for the City of Vancouver 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 member cooperating fully in the defence of the action, AND PROVIDED THAT Counsel appointed by the Director of Legal Services City is given full authority in the conduct of the action, including authority to settle the action at any time in the manner the Director of Legal Services Counsel deems advisable in the circumstances.
(ii) If Counsel appointed by the Director of Legal Services City determines that a conflict exists between a member’s defence of a civil action and the City of VancouverCity’s defence of a civil action then the member may be represented by their own counsel with necessary and reasonable legal costs borne by the City of VancouverCity.
(i) A member who is a respondent at a public hearing held pursuant to Part 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 member’s duties as a police officer shall be indemnified for the necessary and reasonable legal costs incurred in representing the member at the public hearing.
(ii) A member who appeals under Section 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 member’s duties as a police officer shall be indemnified for the necessary and reasonable legal costs incurred in representing the member in the appeal ONLY WHERE the appeal is successful.
(e) A member who causes the death of another person arising out of the performance, or attempted performance, in good faith of the member’s duties shall be indemnified for the necessary and reasonable legal costs to represent the member at an inquest held pursuant to a statute of the Province of British Columbia.
(f) Where a member desires to have legal representation in a royal commission or proceedings not otherwise referred to in this section Clause the member may, prior to the commencement of the proceedings, request the Employer Board to recommend to City Council that the City of Vancouver indemnify the member for all or a portion of necessary and reasonable legal costs. Upon receiving such a request the Employer Board will afford the member an opportunity to appear before it for the purpose of attempting to persuade it that such a recommendation is appropriate. The EmployerBoard, having afforded the member such an opportunity may, in its unqualified discretion, recommend to the City of Vancouver that the request be granted, or that it be granted subject to conditions, or the Employer Board may deny such request. It is understood that the City of Vancouver may accept, modify or reject the recommendation of the EmployerBoard.
(g) Notwithstanding the other provisions of this Section, members 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 members 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 members 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 members are unable to agree on which solicitor, the matter shall be conclusively settled by a designate of the Employer and a designate of the Union.
(i) (i) No notice is required from members seeking indemnity for two hours’ consultation under paragraph 9.9(a).
Appears in 1 contract
Samples: Collective Agreement
Indemnification of Members. 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 Director of Legal Services for the City of Vancouver or such other amount as may be agreed upon by the solicitor and Director of Legal Services in advance of the legal fees being incurred.
(a) The Employer will indemnify for necessary and reasonable legal costs a member 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 member’s duties as a police officer.
(i) The Employer will indemnify a member for necessary and reasonable costs for up to a two hour consultation by the member with a lawyer as to whether the member should make a statement, and if so, in what form, if the member learns that an allegation has been made that the member misconducted himself or herself in the performance of their duties if the member
(1) reasonably believes that the allegation may result in the initiation against the member of proceedings under the Criminal Code; and
(2) has been asked by the Employer 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 member with the Employer before obtaining the advice if fees for only up to two hours’ services will be claimed.
(iii) If the member considers the allegation involves a matter that is complex or serious so as to warrant more than two hours’ legal assistance the member may, before consulting the lawyer, seek the Employer’s agreement to indemnify the member for the cost of more than two hours’ services of the lawyer. In such cases the Employer will not unreasonably refuse to agree to indemnify the member for the cost of reasonable and necessary services.
(iv) If it is proven that the member did not act in good faith in the performance of the member’s duties as a police officer, the Union will indemnify the Employer for the amount properly paid by it pursuant to this subsection.
(i) If a member is named defendant in a civil action for damages arising from acts done in the performance, or attempted performance, in good faith of the member’s duties as police officer, the member shall be represented by counsel appointed by the Director of Legal Services for the City of Vancouver 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 member cooperating fully in the defence of the action, AND PROVIDED THAT the Director of Legal Services is given full authority in the conduct of the action, including authority to settle the action at any time in the manner the Director of Legal Services deems advisable in the circumstances.
(ii) If the Director of Legal Services determines that a conflict exists between a member’s defence of a civil action and the City of Vancouver’s defence of a civil action then the member may be represented by their own counsel with necessary and reasonable legal costs borne by the City of Vancouver.
(i) A member who is a respondent at a public hearing held pursuant to Part 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 member’s duties as a police officer shall be indemnified for the necessary and reasonable legal costs incurred in representing the member at the public hearing.
(ii) A member who appeals under Section 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 member’s duties as a police officer shall be indemnified for the necessary and reasonable legal costs incurred in representing the member in the appeal ONLY WHERE the appeal is successful.
(e) A member who causes the death of another person arising out of the performance, or attempted performance, in good faith of the member’s duties shall be indemnified for the necessary and reasonable legal costs to represent the member at an inquest held pursuant to a statute of the Province of British Columbia.
(f) Where a member desires to have legal representation in a royal commission or proceedings not otherwise referred to in this section the member may, prior to the commencement of the proceedings, request the Employer to recommend to City Council that the City of Vancouver indemnify the member for all or a portion of necessary and reasonable legal costs. Upon receiving such a request the Employer will afford the member 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 member such an opportunity may, in its unqualified discretion, recommend to the City of Vancouver that the request be granted, or that it be granted subject to conditions, or the Employer may deny such request. It is understood that the City of Vancouver may accept, modify or reject the recommendation of the Employer.
(g) Notwithstanding the other provisions of this Section, members 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 members 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 members 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 members are unable to agree on which solicitor, the matter shall be conclusively settled by a designate of the Employer and a designate of the Union.
(i) (i) No notice is required from members seeking indemnity for two hours’ consultation under paragraph 9.9(a).and
Appears in 1 contract
Samples: Collective Agreement
