LEGAL AID AND PROTECTION. 37.1 The City will, with the consent of the employee, assume the defense of and indemnify any employee against a claim which arises out of an act or omission occurring within the course or scope of his/her employment and for which the City is liable under the Maine Tort Claims Act, 14 M.R.S.A. 8101 et seq. up to the statutory limit of $400,000. The City, in its discretion, may provide such defense and/or indemnification through a self- insurance program or through insurance coverage, limited to Four Hundred Thousand Dollars ($400,000), including costs, other than defense costs, for any and all claims arising out of a single occurrence, to be purchased by the City.
37.2 The City will, with the consent of the employee, assume the defense of and indemnify any employee up to the statutory limit of the Maine Tort Claims Act against any claim which arises out of an act or omission occurring within the course or scope of his/her employment and for which the City is not liable, provided that such defense or indemnification is not contrary to public policy, and the City determines that the employee acted in good faith and did not willfully or knowingly violate any ordinance, rule, or regulation of the City.
37.3 In all cases in which the City has assumed the defense of an employee, the City, acting through its Corporation Counsel, has the right to arrange, at the City’s expense, for any attorney selected by the Corporation Counsel to defend the employee. In the event the City determines that outside counsel is needed for a particular case, Corporation Counsel will consider counsel requests submitted by an employee but reserves the right to either approve or decline that request. Further, in all cases in which the City has assumed the defense of an employee, the City Council may, in its discretion, and after consultation with the Corporation Counsel, authorize and accept settlement of the case.
37.4 The above legal aid and protection is also extended, on the same terms and conditions, to former employees for claims against them for acts or omissions during their employment with the City in positions covered by this Agreement.
37.5 It is a condition of the City's obligation to defend and/or indemnify an employee hereunder that the employee fully cooperate with the City in any claim by or against the City regardless of whether the employee works for the City at the time that the claim is filed. "Full cooperation" hereunder shall include, without limitation, providing ...
LEGAL AID AND PROTECTION. 15.1 Provided that the award of damages, including costs other than defense costs, against both the City and its employee(s) shall not exceed Four Hundred Thousand ($400,000.00) which includes plaintiff’s attorney fees and costs but not defense fees and costs, for any and all claims arising out of a single occurrence and subject only to the limitations set out hereinafter, when a member covered by this Agreement is sued for damages as a result of acts arising out of and in the course of his employment, the City shall:
(a) Arrange, at the City's expense, for an attorney selected by the Corporation Counsel, to defend the member; and
(b) Upon final judgment or settlement of the case, the City shall pay through a self-insurance program or in its discretion through purchased insurance coverage, the amount of any judgment or settlement so limited, including court costs; or
(c) Provide, in the City's discretion, defense and/or indemnification through purchased insurance coverage (limited to $400,000.00, which includes plaintiff’s attorneys’ costs but not defense costs, for any and all claims arising out of a single occurrence).
15.2 Members have the following rights when represented by an attorney provided and selected by the City:
15.2.1 The City attorney, prior to selecting an attorney to represent an Officer named in a lawsuit filed with the City, will consult with the Officer regarding the case and the attorney selection. Officers may indicate a preference for one (or more) attorney(s) over another (others) from the list of attorneys pre-approved by the City’s attorney and the City shall take the Officer’s input into account when selecting the attorney.
15.2.2 Officers who are named defendants in the case are entitled to be present at meetings between City representatives and the Officer’s attorney regarding the case, including settlement discussions that would affect the Officer.
15.2.3 Attorneys hired by the City who simultaneously represent multiple parties, Officer(s) and/or Police Chief as well as the City, will recommend separate counsel for the Officer in the event that they determine that any of these parties have divergent interests.
15.3 Notwithstanding the above, the City shall not be required to either defend or to indemnify a member who engages in acts for which that member is charged with or indicted for a criminal offense; or for acts which are committed while off-duty that are not lawfully authorized law enforcement conduct; or for on-duty con...
LEGAL AID AND PROTECTION. 29.1 The City will, with the consent of the employee, assume the defense of and indemnify any employee against a claim which arises out of an act or omission occurring within the course or scope of his employment and for which the City is liable under the Maine Tort Claims Act, 14 M.R.S.A. 8101 et seq. up to the statutory limit of $400,000. The City, in its discretion, may provide such defense and/or indemnification through a self-insurance program or through insurance coverage (limited to $400,000, including costs, other than defense costs, for any and all claims arising out of single occurrence), to be purchased by the City.
29.2 The City will, with the consent of the employee, assume the defense of and indemnify any employee up to the statutory limit of the Maine Tort Claims Act against any claim which arises out of an act or omission occurring within the course or scope of his employment and for which the City is not liable, provided that such defense or indemnification is not contrary to public policy, and the City determines that the employee acted in good faith and did not willfully or knowingly violate any ordinance, rule, or regulation of the City or State or Federal law.
29.3 In all cases in which the City has assumed the defense of an employee, the City, acting through its Corporation Counsel, has the right to arrange, at the City’s expense, for an attorney selected by the Corporation Counsel to defend the employee. Further, in all cases in which the City has assumed the defense of an employee, the Corporation Counsel may, in his/her discretion, authorize and accept settlement of the case. Corporation Counsel reserves the right, in his/her discretion, to consult with the City Council prior to settlement in any particular case.
29.4 It is a condition of the City’s obligation to defend and/or indemnify an employee hereunder that the employee fully cooperate with the City in any claim by or against the City, regardless of whether the employee works for the City at the time that the claim is filed. “Full cooperation” hereunder shall include, without limitation, providing information to the City and its attorneys (including attorneys designated or hired by the City), appearing and/or participating as a witness in the case when requested to do so by the City including, without limitation, participation in all pre-trial and trial proceedings. “City” as used under this section shall include officers, employees and agents of the City. Except in those cir...
LEGAL AID AND PROTECTION. 14.1 The City shall, with the consent of the employee, assume the defense of and indemnify any employee against a claim which arises out of an act or omission occurring within the course or scope of his/her employment and for which the City is liable under the Maine Tort Claims Act, 14 M.R.
LEGAL AID AND PROTECTION. Section1: The City shall provide liability coverage for employees covered by this Agreement to the extent and limits stated in its policy of insurance. Such insurance policy shall cover the employee when sued for damages as a result of acts as stated, defined and limited in said policy, which arises out of and in the regular course of duty. The limits of liability coverage shall be as stated, defined and limited in said policy but shall meet or exceed the limits of the Maine Tort Claim Act.
LEGAL AID AND PROTECTION. 50.01 The Employer shall provide, at no cost to the employee and/or group of employees, defence and Counsel chosen by the Employer whenever any non-criminal proceeding (e.g. Civil, Magisterial inquiry, coroner's inquest, etc.) is brought against and/or involving the employee and/or group of employees as a result of the employee(s) performance or purported performance of his/her/their duties. This obligation on the Employer shall continue until the matter is settled or finally resolved by the judicial process. The Employer shall have the right to settle civil proceedings at any stage, however, such settlement shall be at no cost to the employee.
50.02 If the proceedings involved results in an award of damages, then the Employer shall indemnify the employee and/or group of employees from all damages and costs relating to such damage award and hereby waives any claim that it may have against the employee(s) in such circumstances.
50.03 Each employee shall have the right to retain an additional Counsel of his/her own choice at his/her own expense.
50.04 When an employee, while operating a vehicle on behalf of the Employer is involved in a collision or accident, the employee shall be entitled to receive his/her normal compensation during the time the collision or accident is being investigated.
50.05 It is expressly understood that this article does not apply to any procedure involving discipline, grievance, arbitration or any proceedings arising therefrom.
50.06 The Employer agrees to provide no less than the existing Liability Insurance Coverage for any member of the bargaining unit.
LEGAL AID AND PROTECTION. Section1: The City shall provide liability coverage for employees covered by this Agreement to the extent and limits stated in its policy of insurance. Such insurance policy shall cover the employee when sued for damages as a result of acts as stated, defined and limited in said policy, which arises out of and in the regular course of duty. The limits
LEGAL AID AND PROTECTION. (1) Employees who are formally investigated and/or charged with criminal offences as outlined in Article 36(3), and depending on the circumstances of each case, the Employer will, wherever possible and appropriate, consider reassignment options for the employee.
(2) If an employee is accused of a criminal offence, as outlined in Article 36(3), where the police investigation proceeds beyond a preliminary stage, the Employer will consider requests to provide legal counsel. The request will be reasonably considered based on the circumstances of each case.
(3) In all cases where an employee is sued in a civil action or charged with a criminal offence:
(a) as a result of his/her duties at the facility;
(b) while acting within the scope of his/her duties;
(c) when the employee is not acting in contravention of this collective agreement, or any rules, regulations or standing orders made by the Employer, and
(d) if the employee's actions or lack of actions are/is not unlawful or grossly negligent, then the Employer shall provide the employee with counsel chosen by the Employer for the employee’s defense to such action or charge.
(4) Notwithstanding anything else in this Article, an employee shall be deemed to be acting within the scope of his/her duties if they make a mere error of judgement.
(5) Each employee shall have the right at his/her own expense to retain an additional counsel of his/her choice to defend or assist in the defense of such action or charge.
(6) The Employer shall indemnify each employee for all damages and costs awarded in court actions where the Employer is obligated by the Article to provide counsel to the employee. The Employer waives all rights to subrogate against employees who have been so indemnified.
LEGAL AID AND PROTECTION. 517 518 A. The City shall, with the consent of the employee, assume the defense of and indemnify any employee against 519 a claim which arises out of an act or omission occurring within the course or scope of his employment and for 520 which the City is liable under the Maine Tort Claims Act, 14 M.R.S.A. subsection 8101 et. seq. The City, in 521 its discretion, may provide such defense and/or indemnification through a self-insurance program or through 522 insurance coverage limited to Four Hundred Thousand Dollars ($400,000), including costs other than defense 523 costs for any and all claims arising out of a single occurrence, to be purchased by the City. 524 525 B. In any case in which the City is not defending the employee under Paragraph A above, the City will, with the 526 consent of the employee, assume the defense of and indemnify the employee, up to the statutory limits of the 527 Maine Tort Claims Act, against any claim which arises out of an act or omission occurring within the course 528 or scope of his employment and for which the City is not liable, provided that such defense or indemnification 529 is not contrary to public policy, and the City determines that the employee acted in good faith and did not 530 willfully or knowingly violate any Ordinance, rule or regulation of the City. 531
LEGAL AID AND PROTECTION. 50.01 The Employer shall provide, at no cost to the employee and/or group of employees, defence and Counsel chosen by the Employer whenever any non-criminal proceeding (e.g. Civil, Magisterial inquiry, coroner's inquest, etc.) is brought against and/or involving the employee and/or group of employees as a result of the employee(s) performance or purported performance of his/her/their duties. This obligation on the Employer shall continue until the matter is settled or finally resolved by the judicial process. The Employer shall have the right to settle civil proceedings at any stage, however, such settlement shall be at no cost to the employee. Should the Employer settle, it shall be done in such a manner as to have no adverse effect on the employee(s).
50.02 If the proceedings involved results in an award of damages, then the Employer shall indemnify the employee and/or group of employees from all damages and costs relating to such damage award and hereby waives any claim that it may have against the employee(s) in such circumstances.
50.03 Each employee shall have the right to retain an additional Counsel of his/her own choice at his/her own expense.
50.04 When an employee, while operating a vehicle on behalf of the Employer is involved in a collision or accident, the employee shall be entitled to receive his/her normal compensation during the time the collision or accident is being investigated.
50.05 It is expressly understood that this article does not apply to any procedure involving discipline, grievance, arbitration or any proceedings arising therefrom.
50.06 The Employer agrees to provide no less than the existing Liability Insurance Coverage for any member of the bargaining unit.
