LEGAL INDEMNIFICATION. For the purposes of legal costs, it shall include those costs of an Association approved para-legal service.
(A) Subject to the other provisions of this Article, a member charged with and finally acquitted of a criminal or statutory offence because of acts done in the performance or attempted performance of his employment or duties, shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such charges.
(B) Members shall not be indemnified for legal costs arising from the actions or omissions of members acting in their capacity as private citizens. For the purpose of Clause 29.1 (A) a Member: shall be deemed to have been "Finally Acquitted", where charges are withdrawn or where he is discharged following a preliminary inquiry; and shall be deemed not to have been "Finally Acquitted" where the member is given an absolute or conditional discharge or where, if as a result of charges laid he is subsequently found guilty of, or pleads guilty to, other charges arising out of the same incident or incidents.
29.2 When a member is a defendant in a civil action for damages because of acts done in the course of his employment or duties he shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such an action in the following circumstances only:
(i) where the Board is not joined in the action as a party pursuant to s. 50 of the Police Services Act, and the Board does not defend the action on behalf of itself and the member as joint tortfeasors at the Board's sole expense;
(ii) where the Board is joined as a party or elects to defend the action, but the Solicitor retained on behalf of the Board and the member is of the view that it would be improper for him to act for both the Board and the member in that action.
29.3 Where during an inquest under the Coroner's Act a member's conduct is called into question because of acts done in the performance of his duties, the member shall be indemnified for any necessary and reasonable legal costs directly arising from the protection of the member's interest at such inquiry, but only if:
(i) the Chief of Police or the Board does not provide counsel to represent the York Regional Police, at the Board's expense; or
(ii) in the opinion of counsel retained by the Chief of Police or the Board to represent the York Regional Police, it would be improper for him to represent the member and the Chief and/or the Board before that inquiry.
29.4 To qualify for financial ...
LEGAL INDEMNIFICATION. 49.1 Subject to the other provisions of this Article, a member charged and finally acquitted of a criminal or statutory offence, because of acts done while on duty in the attempted performance in good faith of his/her duties as a police officer shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such charges provided that such necessary and reasonable legal costs shall not exceed $260.00 per hour, increasing to $275.00 per hour effective August 8, 2013 in respect of a lawyer performing the work, or $90.00 per hour in the event that a paralegal is performing the work.
49.2 Notwithstanding clause 49.1, the Board may refuse payment otherwise authorized under clause 49.1 where the actions of the officer from which the charges arose amounted to a dereliction of duty or abuse of his/her powers as a police officer.
49.3 Where a member is a defendant in a civil action for damages because of acts done in the attempted performance in good faith of his/her duties as a police officer, and the action is not defended by the insurance carrier of the Regional Municipality of Niagara or otherwise, he/she shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such an action in the following circumstances only:
i. Where the Chief of Police is not joined in the action as a party pursuant to section 50 of the Police Services Act, or the Chief of Police does not defend the action on behalf of himself/herself and of the member as joint tort-feasors at the Board's sole expense.
ii. Where the Chief of Police is joined as a party and the Board elects to defend the action, but the solicitor retained on behalf of the Board is of the view that it would be improper for him/her to act for both the Chief of Police and the member in that action. The Board shall decide if additional counsel shall be retained with respect to the indemnification provisions of this Article.
49.3.1 A member who is a suspect in a criminal investigation shall be granted legal indemnification on the terms set out in this article beginning at the point in the criminal investigation where a caution is to be given to the member.
49.4 A member of the Police Service who is requested or subpoenaed to appear before an inquiry initiated under Section 25 or Section 26 of the Police Services Act, or whose conduct is called into question as a result of a citizen's complaint or in the course of an inquiry under the Coroner's Act, the Public Inquir...
LEGAL INDEMNIFICATION. 16.1 Except where there has been gross negligence or malicious or willful misconduct on the part of an employee, the College will:
a) indemnify and save harmless employees from any liability action arising from the proper performance of his/her duties for the College; and
b) assume all costs, legal fees, and other expenses arising from any such action in accordance with the existing University College and Institute Protection Program, Self-Insured Comprehensive General Liability coverage.
LEGAL INDEMNIFICATION. Lakehead University’s Legal Indemnification Policy (June 17, 1999) is attached for information only. The Board undertakes to negotiate with the Association any proposed non-trivial changes to Lakehead University’s Legal Indemnification Policy and Procedures which may affect members. The parties agree that the Vice-President (Administration & Finance) shall ensure that Lakehead University’s Legal Indemnification Policy (June 17, 1999 and/or any further revisions) is followed in a fair and consistent manner.
LEGAL INDEMNIFICATION. Subject to the other provisions of this Article and in accordance with the Police Services Act, a member charged with and finally acquitted of a criminal or statutory offence, because of acts done in the attempted performance in good faith of the member’s duties, shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such charge.
LEGAL INDEMNIFICATION. A. If the Employer determines that a bargaining unit member did not engage in conduct beyond the scope of the bargaining unit member's authority or which constituted willful misconduct or gross negligence in the performance of the bargaining unit member's duties, upon request the Employer agrees to provide for the legal defense of the bargaining unit member in any civil legal action brought against the bargaining unit member as a result of the performance of the bargaining unit member's duties.
B. The bargaining unit member must request in writing that the Employer provide the legal defense services available under this Article within five (5) working days of service of summons and complaint on the bargaining unit member. The summons and complaint shall accompany the request. The postmark on the bargaining unit member's request shall be accepted as the date of request by the Employer. Failure to submit a written request within the required five (5) working days relieves the Employer of any obligation under this Article.
C. The Employer shall have the right to determine which attorney shall represent the bargaining unit member. If the bargaining unit member objects to the attorney provided by the Employer, the bargaining unit member may request that the Employer appoint another attorney. The bargaining unit member may make only one (1) such request.
D. If the Employer determines that the bargaining unit member did not engage in conduct beyond the scope of the bargaining unit member's authority or which constituted willful misconduct or gross negligence, the Employer agrees to compensate the bargaining unit member at the bargaining unit member's normal rate of pay including per diem without loss of any benefits or seniority to the bargaining unit member; upon a reasonable showing by the bargaining unit member of need, an absence from work will be allowed to prepare the bargaining unit member's case for negotiation or trial. The Employer also agrees to pay any judgment rendered against the bargaining unit member if the Employer has provided legal services to the bargaining unit member pursuant to this Article.
E. The Employer may undertake the defense of a bargaining unit member pursuant to this Article with reservation. If the Employer has provided legal services under reservation, the obligation to pay a judgment against the bargaining unit member is not operative until final determination is made by the Employer of the bargaining unit member's eligibility ...
LEGAL INDEMNIFICATION. 10.01 The Board shall indemnify a Member of the Police Service for reasonable legal costs incurred in the course of their employment,
1. In the defence of a civil action for damages because of acts done in the course of employment under the following circumstances only:
(a) where the Board is not joined in the action as a party pursuant to Section 50 (1) of the Police Services Act, and the Board does not defend the action on behalf of itself and of the Member as joint tort feasors at the Board's sole expense;
(b) where the Board is joined as a party or elects to defend the action, but the solicitor retained on behalf of the Board and the Member is of the view that it would be improper for him or her to act for both the Board and the Member in that action.
2. In the defence of a criminal prosecution, excluding a criminal prosecution in which the Member is found guilty of a criminal offence.
3. In the defence of a statutory prosecution, excluding a statutory prosecution in which the Member is found guilty.
4. In respect of any proceeding relating to a Municipal, Provincial or Federal Statute or proceeding under the Coroner's Act, a hearing, investigation or inquiry under the Police Services Act involving a Public Complaint or the Ontario Civilian Commission on Police Services, including that which may arise as a result of the assignment of the Member to duties outside Ontario, whether the proceeding occurs in Ontario or outside Ontario, where a penalty is not imposed or the Member is not found guilty of misconduct.
10.02 The Board agrees that legal counsel(s), as determined by the Association, may be provided at the Board's expense, to a Member(s) who, as a result of police duties, may be directly or indirectly involved in an occurrence investigated by the Special Investigations Unit subject to the condition that the Association consult with and receive the consent of the Chief or Deputy Chief of Police. Such consent shall not be unreasonably withheld. The benefit afforded the Member(s) shall include counsel immediately after the occurrence and during the investigative period, for the purpose of providing legal advice and guidance to the Member(s) involved during the period of the investigation. The benefit afforded the Member(s) under this clause ceases upon completion of the SIU investigation. This does not preclude coverage under other clauses of this Article.
10.03 The Officer-in-Charge shall be required to give an active Association Board Member immedia...
LEGAL INDEMNIFICATION. 16.01 Subject to the other provisions of this Article, a member charged with and finally acquitted of a criminal or statutory offence, because of acts done while in the attempted performance in good faith of his/her duties as a police officer shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such charges. It is understood that “finally acquitted” includes charge(s) which are withdrawn by the Crown Attorney; where the Crown Attorney refuses to proceed with charge(s); or if the charge(s) are stayed (stay of proceedings) where no guilt is proven. For the avoidance of doubt, it is further understood that “finally acquitted” means no finding of guilt on any criminal or statutory offence arising from the same set of facts or transactions giving rise to the charge(s).
16.02 Notwithstanding clause 16.01, the Board may refuse payment otherwise authorized under clause 16.01 where the actions of the officer from which the charges arose amounted to a dereliction of duty or abuse of his/her powers as a police officer.
16.03 Where a Sworn Member is a defendant in a civil action for damages because of acts done in the attempted performance in good faith of duties as a police officer, the officer shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such an action in the following circumstances only: (i) where the Board is not joined in the action as a party under the Police Services Act, and the Board does not defend the action and the sworn member as joint tortfeasors at the Board’s expense.
LEGAL INDEMNIFICATION. Subject to the other provisions of this Article, a member charged with but not found guilty of a criminal or statutory offence, because of acts done in the attempted performance in good faith of his/her duties as a member of the Service, shall be indemnified for the necessary and reasonable legal costs incurred by the member during the investigation of the incident that resulted in those charges being laid and for the necessary and reasonable legal costs incurred by the member in the defence of such charges.
LEGAL INDEMNIFICATION. 16:01 Legal indemnification as referred in this Article shall commence as soon as the potential for criminal and/or civil action exists. Interim payments or a retainer for legal costs shall be determined by Article 16:04
16:02 The Board shall indemnify the Executive Assistant of the Police Service for necessary and reasonable legal costs incurred.
(a) in the defence of a civil action
(b) in the defence of a criminal prosecution, provided that the Executive Assistant is found not guilty or the charge is withdrawn.
(c) where the Executive Assistant’s manner of execution of his/her duties of employment is at issue in the course of any inquiry under the Coroner’s Act or the Public Inquiries Act:
(i) where the Chief of Police and/or the Board does not provide counsel to represent the Executive Assistant at the inquest at the Board’s expense or,
(ii) where the counsel provided by the Chief of Police or the Board to represent either or both of them along with the Executive Assistant is of the opinion that it would be improper for him/her to act for both of the Chief of Police and the Executive Assistant in that action.
(d) where the Executive Assistant is subject of an investigation by the Special Investigations Unit, the Board shall consider applications for indemnification. The Board’s decision is final.
16:03 The Executive Assistant shall not be indemnified under this Article for legal costs arising from:
(a) a grievance or complaint under the Collective Agreement by the Board and the Executive Assistant,
(b) an act or omission of the Executive Assistant acting in their capacity as a private citizen.
16:04 The Board agrees to consider applications to provide funds to the Executive Assistant if eligible for legal indemnification under this agreement for a retainer and for interim payment of legal costs as reasonably requested by the member’s counsel. The Board’s decision is final. Application may be made on the following basis:
(a) it appears that the Executive Assistant is entitled to indemnification of the costs for legal counsel, and in the case of a criminal charge where the actions of the Executive Assistant in connection with the criminal charge appear to be consistent with the attempted performance in good faith of his/her duties as Executive Assistant.
(b) the funds applied for do not exceed the greater of two thousand dollars ($2000.00), but the Executive Assistant may apply for additional funds if legal costs increase over time,
(c) the Executive Assi...
