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 For the purpose of Clause 29.1 (A) a Member: shall be deemed to have been "Finally Acquitted", where charges are withdrawn or where he is discharged following a preliminary inquiry; and shall be deemed not to have been "Finally Acquitted" where the member is given an absolute or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 assistance under 29.1, 29.2 or 29.3, the member shall obtain the Board's approval of counsel to be retained by the member by application to the Board through the Chief. The Board's approval of counsel shall not be withheld unreasonably. 29.5 The Board will not consider any application for financial assistance which relates to the legal representation of a member in connection with a grievance or complaint made under the provisions of the Police Services Act, 1990 of this Collective Agreement or for the legal defence of a member resulting from a discipline charge made under the Police Services Act, 1990, Regulations made under that Act and all amendments thereto. 29.6 Where an investigation is commenced under Part VII of the Police Services Act and it appears to the Chief of Police that a member requires legal counsel in responding to the investigation, the Chief of Police may arrange for legal counsel to provide counsel to the member in connection with the investigation of such terms as the Chief considers appropriate. As soon as practicable, the Chief shall bring his action and his recommendation to the attention of the Board who may approve or alter the terms of retention of such legal counsel or the Chief's recommendation in respect thereof. Neither the Board nor the Chief shall provide legal counsel after the completion of the investigation or the laying of information(s), as Article 29 of the Civilian Collective Agreement is intended to govern such matters. 29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- negotiation by either the Board or the Association when the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitration. 29.8 A member who becomes involved in a matter which may entitle him/her to legal indemnification under this clause is entitled to receive funds from the Board for a retainer and/or for interim payment of legal costs as reasonably requested by the member’s counsel to a maximum of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if the member is finally determined not to be eligible for indemnification in accordance with this Agreement.
Appears in 3 contracts
Samples: Civilian Working Agreement, Civilian Working Agreement, Civilian Working Agreement
LEGAL INDEMNIFICATION. For 16:01 Legal indemnification as referred in this Article shall commence as soon as the purposes of potential for criminal and/or civil action exists. Interim payments or a retainer for 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 determined by Article 16:04
16:02 The Board shall indemnify the Executive Assistant of the Police Service for the necessary and reasonable legal costs incurred incurred.
(a) in the defence of such chargesa civil action
(b) in the defence of a criminal prosecution, provided that the Executive Assistant is found not guilty or the charge is withdrawn.
(Bc) 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 Executive Assistant’s manner of execution of his/her duties of employment 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 at issue in the course of his employment any inquiry under the Coroner’s Act 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 onlyPublic Inquiries Act:
(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 and/or the Board does not provide counsel to represent the York Regional Police, Executive Assistant at the inquest at the Board's expense; ’s expense or,
(ii) in where the opinion of counsel retained provided by the Chief of Police or the Board to represent either or both of them along with the York Regional Police, Executive Assistant is of the opinion that it would be improper for him him/her to represent act for both of the member Chief of Police and the Chief and/or Executive Assistant in that action.
(d) where the Executive Assistant is subject of an investigation by the Special Investigations Unit, the Board before that inquiry.
29.4 To qualify shall consider applications for financial assistance under 29.1, 29.2 or 29.3, the member shall obtain the Board's approval of counsel to be retained by the member by application to the Board through the Chiefindemnification. The Board's approval of counsel ’s decision is final.
16:03 The Executive Assistant shall not be withheld unreasonably.indemnified under this Article for legal costs arising from:
29.5 The Board will not consider any application for financial assistance which relates to the legal representation of a member in connection with (a) a grievance or complaint made under the provisions Collective Agreement by the Board and the Executive Assistant,
(b) an act or omission of the Police Services Act, 1990 of this Collective Agreement or for the legal defence of Executive Assistant acting in their capacity as a member resulting from a discipline charge made under the Police Services Act, 1990, Regulations made under that Act and all amendments theretoprivate citizen.
29.6 Where an investigation is commenced under Part VII of the Police Services Act and it appears 16:04 The Board agrees to consider applications to provide funds to the Chief of Police that a member requires legal counsel in responding to the investigation, the Chief of Police may arrange Executive Assistant if eligible for legal counsel to provide counsel to the member in connection with the investigation of such terms as the Chief considers appropriate. As soon as practicable, the Chief shall bring his action and his recommendation to the attention of the Board who may approve or alter the terms of retention of such legal counsel or the Chief's recommendation in respect thereof. Neither the Board nor the Chief shall provide legal counsel after the completion of the investigation or the laying of information(s), as Article 29 of the Civilian Collective Agreement is intended to govern such matters.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- negotiation by either the Board or the Association when the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitration.
29.8 A member who becomes involved in a matter which may entitle him/her to legal indemnification under this clause is entitled to receive funds from the Board agreement for a retainer and/or and for interim payment of legal costs as reasonably requested by the member’s counsel 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 maximum 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 ($5,000.00 provided 2000.00), but the member undertakes Executive Assistant may apply for additional funds if legal costs increase over time,
(c) the Executive Assistant shall undertake to indemnify the Board for such funds advanced to him if the member Executive Assistant is finally determined not entitled to be eligible for indemnification in accordance with this Agreement.
16:05 For the purpose of legal indemnification under this agreement, “necessary and reasonable legal costs” shall be based on the account rendered by the counsel performing the work. The account shall be subject initially to the approval of the Board’s solicitor, and in the case of a dispute between the counsel rendering the account and doing the work and the Boards’ solicitor, the account shall be paid after it has been assessed on a solicitor and client basis by an assessment officer of the Ontario Court of Justice (General Division).
16:06 In addition to the above provisions, the Board recognizes the necessity of providing immediate legal advice to the Executive Assistant who, as the result of his/her duties, may be directly or indirectly involved in an occurrence investigated under the provisions of Part VII of the Police Services Act. The Board agrees that legal counsel(s) as approved by mutual agreement shall be provided at the Board’s expense, immediately after the occurrence and during the investigative period, for the purpose of providing legal advice and guidance to the Executive Assistant.
16:07 Notwithstanding any reference or wording to the contrary in this Article, that at all times as between the Executive Assistant and counsel retained, the contract for legal services shall be as between the Executive Assistant and retained counsel, and in no circumstances shall the Board be considered a contracting party with such counsel.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
LEGAL INDEMNIFICATION. For the purposes of legal costs, it shall include those costs of an Association approved para-legal service.
(A) 28.01 Subject to the other provisions of this ArticleArticle and in accordance with the Police Services Act, a member charged with and finally acquitted of a criminal or statutory offence offence, because of acts done in the performance or attempted performance in good faith of his employment or dutiesthe members duties as a police officer, shall be indemnified for the necessary and reasonable legal costs incurred in the defence defense of such chargescharge.
28.02 Notwithstanding Clause 28.01, the Board may authorize payment necessary and reasonable legal costs of a member pleading or being found guilty of an offence described in Clause 28.01, where the court, instead of convicting the accused, grants the member an absolute discharge, provided that the Board accepts the recommendation of the Chief of Police, or an officer designated by the Chief of Police to make such a recommendation, that the member's actions as a police officer in the course of performing police duties were motivated by an intent to do lawful duty, that such actions do not constitute any of the actions described in Clause 28.03 hereof, and that such indemnification will not in the opinion of the Board reduce respect for law enforcement in Halton Region.
28.03 Notwithstanding clause 28.01, the Board may refuse payment otherwise authorized under clause
28.01 where the actions of the officer from which the charges arose amounted to a gross dereliction of duty or deliberate abuse of the member's powers as a police officer.
28.04 Where a member is a defendant in a civil action for the damages because of acts done in the attempted performance in good faith of the member's duties as a police officer the member shall be indemnified for the necessary and reasonable legal costs incurred in the defense of such an action in the following circumstances only:
(a) Where the Chief of Police is not joined in the action as a party and the Chief of Police does not defend the action on behalf of the Chief and of the member as joint tortfeasers at the Board's sole expense.
(Bb) Members Where the Chief of Police is joined as a party or elects to defend the action, but the solicitor retained on behalf of the Chief of Police and the member is of the view that it would be improper for the solicitor to act for both the Chief of Police and the member in that action.
28.05 A member whose conduct is called into question in the course of an inquiry under the Coroners Act because of acts done in the 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 in any such inquest in the following circumstances only:
(a) Where the Chief of Police and/or the Board does not provide counsel to represent the member at the inquest at the Board's expense; OR:
(b) Where the counsel provided by the Chief of Police or the Board to represent either or both of them along with the member is of the opinion that it would be improper for the counsel to act for both the Chief of Police or the Board and the member in that action.
28.06 A member who is subject to a complaint pursuant to Part V of the Police Services Act because of acts done in the attempted performance in good faith of the member's duties as a police officer may be indemnified for the necessary and reasonable legal costs incurred in respect of that hearing only where the Chief of Police has decided to hold a hearing into the matter pursuant to section 64(7) of the Police Services Act or the Ontario Civilian Commission on Police Services holds an oral hearing pursuant to section 70 of the Police Services Act and the officer is found not guilty of misconduct or unsatisfactory work performance under the Act.
28.07 Where a member intends to apply to the Board for indemnification hereunder, the member shall, within thirty days of being charged or receiving notice of other legal proceedings covered herein, or receiving notice that the member will not be represented by counsel retained by the Chief of Police and/or the Board, apply in writing to the Chief of Police or to the Officer designated by the Chief of Police to deal with such applications for approval to retain counsel and approval of the counsel to be so retained. In the event of any dispute concerning the counsel to be retained, the matter shall be resolved by an officer designated by the Chief of Police and a member of the Association Executive designated for that purpose.
28.08 Where the Chief of Police, pursuant to Board policy, elects to provide legal counsel to defend a member in any legal proceeding covered by this provision, the cost of such counsel is the Board's responsibility irrespective of the outcome of the proceedings and neither the member nor the Board may rely upon the other provisions of this policy.
28.09 For greater certainty, members shall not be indemnified for legal costs arising from from:
(a) grievances or complaints under the collective agreement between the Board and the Association or under the Police Services Act; and
(b) the actions or omissions of members acting in their capacity as private citizens. .
28.10 For the purpose purposes of Clause 29.1 (A) this provision, a Member: member shall not be deemed to have been be "Finally Acquitted", where charges are withdrawn or where he is discharged following a preliminary inquiry; and shall be deemed not to have been "Finally Acquittedfinally acquitted" where the member is given an absolute or conditional discharge or where, if as a result of charges laid he the member is subsequently found guilty ofor, or pleads guilty to, other charges arising out of the same incident or incidents, but nothing in this clause will disentitle the member to consideration under clause 28.02 hereof.
29.2 When a member is a defendant in a civil action for damages because 28.11 For the purposes of acts done in the course of his employment or duties he shall be indemnified for the this provision, "necessary and reasonable legal costs incurred costs" shall be based on the account rendered by the solicitor performing the work, subject initially to the approval of the Board’s Solicitor and, in the defence case of such an action in dispute between the following circumstances only:solicitor doing the work and the Board’s Solicitor, Assessment on a solicitor and client basis by the Assessment Officer.
(ia) 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 assistance under 29.1, 29.2 or 29.3, the member shall obtain the Board's approval of counsel to be retained by the member by application Subject to the Board through the Chief. The Board's approval of counsel shall not be withheld unreasonably.
29.5 The Board will not consider any application for financial assistance which relates to the legal representation of a member other provisions in connection with a grievance or complaint made under the provisions of the Police Services Actthis Article, 1990 of this Collective Agreement or for the legal defence of a member resulting from a discipline charge made under the Police Services Act, 1990, Regulations made under that Act and all amendments thereto.
29.6 Where when an investigation is commenced under pursuant to Part VII of the Police Services Act by the Special Investigations Unit ("SIU"), and it appears to the Chief of Police that a member requires the assistance of legal counsel in responding to the investigationrespond to inquiries from SIU Investigators, the Chief of Police may arrange for grant the member permission to retain legal counsel to provide counsel to the member in connection with legal advice and representation at the investigation expense of the Board on such terms as the Chief considers of Police deems appropriate. .
(b) Where the Chief of Police grants a member permission to retain legal counsel under the circumstances set out in Article 28.12 (a), the member shall be indemnified by the Board for all necessary and reasonable legal costs incurred until the completion of the SIU investigation, or the member is charged with a criminal or statutory offence, at which time Article 28.01 of this Agreement shall apply.
(c) As soon as practicableis practical, the Chief of Police shall bring his action and his recommendation actions under this Article to the attention of the Board who may approve or alter the terms of retention of such legal counsel or the Chief's recommendation in respect thereof. Neither the Board nor the Chief shall provide legal counsel after the completion of the investigation or the laying of information(s), as Article 29 of the Civilian Collective Agreement is intended to govern such mattersfor its information.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- negotiation by either the Board or the Association when the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitration.
29.8 A member who becomes involved in a matter which may entitle him/her to legal indemnification under this clause is entitled to receive funds from the Board for a retainer and/or for interim payment of legal costs as reasonably requested by the member’s counsel to a maximum of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if the member is finally determined not to be eligible for indemnification in accordance with this Agreement.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
LEGAL INDEMNIFICATION. For the purposes of legal costs, it shall include those costs of an Association approved para-legal service.
(A) 34.01 Subject to the other provisions of this Article, a member :
(a) an employee charged with and finally acquitted but found not guilty of a criminal or statutory offence other federal offence, because of acts done in good faith in the performance or attempted performance of his employment or dutieshis/her duties as an employee, shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such charges.;
(Bb) Members shall an employee charged with but found not be indemnified for legal costs arising from the actions or omissions guilty 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"provincial offence, 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 good faith in the course performance of his employment or his/her duties he as an employee, shall be indemnified for up to five- thousand dollars ($5,000) of the necessary and reasonable legal costs incurred in the defence of such charges;
(c) an employee who has been designated as a subject officer in an investigation undertaken by the Special Investigations Unit shall be indemnified for the necessary and reasonable legal costs incurred in seeking advice and representation with respect to the defence of such an action investigation so long as the employee was acting in good faith in the following circumstances onlyperformance of his/her duties. Where the employee is subsequently charged with a statutory offence the provisions of 34.01(a) or (b) shall apply, as applicable;
(d) an employee who has been designated as a witness in an investigation undertaken by the Special Investigations Unit (SIU) shall be indemnified for the necessary and reasonable legal costs incurred during the initial, on-site investigation by the SIU. Where more than one employee has been designated as a witness with respect to an SIU investigation, necessary and reasonable legal costs will be indemnified for one counsel collectively for all witness employees;
(e) where an employee is named a respondent/defendant in a proceeding at the Ontario Human Rights Tribunal or in any other civil action for damages arising out of acts done in good faith in the performance of his/her duties, and a government lawyer (or in the case of an insured claim, counsel retained by the insurer) determines he/she is unable to act for the employee, the employee shall be indemnified for the necessary and reasonable legal costs incurred in defending the action, if the employee is not found to be liable. Any legal costs which are recovered by the employee in the action shall be deducted from the reimbursement; and
(f) where an employee’s conduct has been called into question in the course of a Public Inquiry or a Coroner’s Inquest and the employee was acting in good faith in the performance of his/her duties and counsel acting on behalf of the Employer determines he/she is unable to act for the employee, the employee shall be indemnified for the necessary and reasonable legal costs incurred in defending the action.
(g) Employees shall be entitled to legal indemnification under this article with respect to matters relating to the Mandatory Blood Testing Act, 2006 as set out in Police Orders.
34.02 Employees shall not be indemnified for legal costs arising from:
(ia) where grievances or complaints under the Board is not joined Collective Agreement between the Employer and the Association or grievances as defined under Article 4.00 (b);
(b) the actions or omissions of employees acting in the action their capacity as a party pursuant to s. 50 private citizens;
(c) proceedings under Part V 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
(iid) investigations and complaints under the Employer’s Respectful Workplace policy.
34.03 For the purposes of 34.01(a) and (b), an employee:
(a) shall be deemed to have been found not guilty where: he/she is finally acquitted; the charges are withdrawn; or he/she is discharged following a preliminary inquiry; and
(b) shall be deemed to have been found guilty where: he/she is given an absolute or conditional discharge; or he/she subsequently is found guilty of or pleads guilty to other charges arising out of the same incident(s).
(a) Applications for approval for legal indemnification shall be made in writing to the Commissioner or Commissioner’s designee, as soon as the employee is aware of a legal proceeding in which he/she requires legal representation.
(b) Legal costs incurred prior to approval for legal indemnification will only be reimbursed where the Employer is satisfied that it was not possible in the opinion of circumstances for the employee to obtain prior approval and that the application for approval was made at the earliest opportunity.
(c) The employee shall enter into a written retainer agreement with counsel retained by the Chief employee. The form and substance of Police or the Board retainer, including the terms and conditions of the agreement, shall be subject to represent the York Regional Police, it would be improper for him to represent approval of the member and the Chief and/or the Board before that inquiryEmployer.
29.4 To qualify for financial assistance under 29.1(d) For the purposes of this Article, 29.2 or 29.3, “legal costs” shall be the member shall obtain actual costs disclosed on the Board's approval of accounts rendered by the legal counsel to be performing the work.
(e) Any account submitted by counsel retained by the member by application employee is subject to the Board through review and approval of the ChiefEmployer. In the event the Employer does not approve the actual costs disclosed on the account, the employee may have the account assessed on a solicitor and client basis by a court assessment officer. The Board's approval of counsel shall not be withheld unreasonablyEmployer will reimburse the employee for the fee charged to the employee for filing a request for an assessment with a court assessment officer.
29.5 34.05 For the purposes of this Article:
(a) The Board will not consider any application for legal costs shall be deemed to have been incurred by the employee notwithstanding that the employee may have received financial assistance which relates to from the legal representation of a member in connection with a grievance or complaint made under the provisions of the Police Services Act, 1990 of this Collective Agreement or for the legal defence of a member resulting from a discipline charge made under the Police Services Act, 1990, Regulations made under that Act and all amendments thereto.
29.6 Where an investigation is commenced under Part VII of the Police Services Act and it appears to the Chief of Police that a member requires legal counsel in responding to the investigation, the Chief of Police may arrange for legal counsel to provide counsel to the member in connection with the investigation of such terms as the Chief considers appropriate. As soon as practicable, the Chief shall bring his action and his recommendation to the attention of the Board who may approve or alter the terms of retention of such legal counsel or the Chief's recommendation Association in respect thereof. Neither the Board nor the Chief shall provide legal counsel after the completion of the investigation thereof or the laying of information(s), as Article 29 of the Civilian Collective Agreement is intended to govern such matters.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- negotiation by either the Board or that the Association when paid or incurred the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitration.
29.8 A member who becomes involved in a matter which may entitle him/her to legal indemnification under this clause is entitled to receive funds from the Board for a retainer and/or for interim payment of legal costs as reasonably requested by the member’s counsel to a maximum of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if the member is finally determined not to be eligible for indemnification in accordance with this Agreement.expenses directly; and
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Uniform Collective Agreement
LEGAL INDEMNIFICATION. For the purposes of legal costs, it shall include those costs of an Association approved para-legal service.
(A) 49.1 Subject to the other provisions of this Article, a member charged with and finally acquitted of a criminal or statutory offence offence, because of acts done while on duty in the performance or attempted performance in good faith of his employment or duties, his/her duties as a police officer shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such chargescharges 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.
(B) Members shall not be indemnified for legal costs arising from 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 omissions abuse 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 his/her powers 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 incidentspolice officer.
29.2 When 49.3 Where a member is a defendant in a civil action for damages because of acts done in the course attempted performance in good faith of his employment his/her duties as a police officer, and the action is not defended by the insurance carrier of the Regional Municipality of Niagara or duties he 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 i. Where the Board Chief of Police is not joined in the action as a party pursuant to s. section 50 of the Police Services Act, and or the Board Chief of Police does not defend the action on behalf of itself himself/herself and of the member as joint tortfeasors tort-feasors at the Board's sole expense;.
(ii) where . Where the Board Chief of Police is joined as a party or and the Board elects to defend the action, but the Solicitor solicitor retained on behalf of the Board and the member is of the view that it would be improper for him him/her to act for both the Board 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.
29.3 Where during 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 inquest inquiry initiated under Section 25 or Section 26 of the Coroner's Act a member's 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 Inquiries Act or a Royal Commission, because of acts done in the attempted performance in good faith of his dutiesa member's duties as a police officer, shall be indemnified by the Niagara Police Board for the necessary and reasonable legal costs incurred in representing his/her interests in such an inquiry on the following conditions:
49.4.1 Where one or more than one member of the Police Service is subpoenaed or requested to appear, other than the Chief of Police, in such a case there shall be only one counsel representing the members of the Police Service, excluding the Chief of Police, and;
49.4.2 Where the counsel representing the members of the Service, excluding the Chief of Police, is of the opinion that it would be improper for him/her to act for both the member and the other members of the Service, he/she shall notify the Board forthwith of such concerns. The Board shall decide if additional counsel shall be retained with respect to the indemnification provisions of this Article, and;
49.4.3 If the Board has retained counsel in such proceedings, the Board’s solicitor will provide advice to, and represent, any member or members who are requested to appear, or who are subpoenaed, or whose conduct is called into question for the reasons set out in 49.4 unless the Board’s solicitor determines that a conflict of interest exists. If such conflict exists, then the provisions of 49.4.1 and 49.4.2 apply. The Board shall decide, based on the advice of its solicitor, if additional counsel shall be retained with respect to the indemnification provisions of this article.
49.4.4 A member or members of the Service shall not be indemnified unless they are found not guilty of misconduct in the proceeding for which legal indemnification is sought.
49.4.5 A member or members of the Service shall not be indemnified for such legal costs if such indemnification, in the opinion of the Board, would reduce respect for law enforcement in the Regional Municipality of Niagara.
49.5 In the event that a member intends to apply to the Board for indemnification pursuant to the provisions of this Article, the following shall apply:
49.5.1 The member shall, within thirty (30) days of being charged or of receiving notice of other legal proceedings provided for in this article, apply in writing to the Chief of Police or his designee for approval to retain counsel or a paralegal and for the approval of the counsel or paralegal to be so retained.
49.5.2 In the event of any dispute concerning the counsel or paralegal to be retained, the matter shall be resolved by an officer designated by the Chief of Police and a member of the Association Executive designated for that purpose.
49.5.3 The application of the member for indemnification shall include:
i. a fee schedule provided by the lawyer or paralegal setting out his or her hourly rate, and confirming that the fees will be charged at the lesser of the lawyer or paralegal’s normal hourly rate, or $260.00 for a lawyer, increasing to $275.00 per hour effective August 8, 2013 or $90.00 for a paralegal;
ii. an estimate, where practicable, of the total charges that will be incurred in the matter, and
iii. the lawyer or paralegal's undertaking to submit monthly statements to the Board showing the time spent and the charges incurred on the file during the month. If the application is approved, the Board reserves the right to refuse payment of the lawyer or paralegal’s account if the counsel or paralegal fails to submit monthly statements in accordance with subparagraph (iii) above, provided that it has given 30 days written notice of its intention to do so to the lawyer or paralegal, with a copy to the Association, and the lawyer or paralegal has not remedied the situation prior to the expiry of the 30 days.
49.5.4 The Board has the right to negotiate fees with the lawyer or paralegal to be retained, and the affected member has the right to be present during the fee negotiations.
49.5.5 There shall be a cap on the legal fees of $260.00 per hour, increasing to $275.00 per hour effective August 8, 2013. In addition, a lawyer may charge for travel time at the rate of $130.00 per hour, to a maximum of four (4) hours per day.
49.6 For greater certainty, members shall not be indemnified for legal costs arising from:
49.6.1 grievances or complaints under the Collective Agreement between the Board and the Association or under the Police Services Act;
49.6.2 the actions or omissions of members acting in their capacity as private citizens;
49.6.3 discipline charges under the Police Services Act and Regulations.
49.7 For the purpose of this provision, a member shall not be deemed to be "finally acquitted" if, as a result of charges laid, he/she is subsequently found guilty of, or pleads guilty to, other charges arising out of the same incident or incidents.
49.8 For the purpose of this provision "necessary and reasonable legal costs" shall be based on the account rendered by the solicitor or paralegal performing the work, subject to taxation by an assessment officer of the Supreme Court of Ontario. If the General Counsel for the Association attends at a S.I.U. call outside normal business hours in circumstances where outside counsel is unavailable or there is a conflict that requires more than one counsel, the Association will be reimbursed at the rate of $150.00 per hour.
49.9 In the cases of aggravated assault, assault causing bodily harm or the included offence of ordinary assault, the indemnification referred to in clause 49.1 shall be limited to only those fees that would have reasonably been incurred if the matter was tried in Provincial Court unless the officer first obtains permission to elect to be tried by any other court. To obtain the said approval of the Board, the officer shall make an application in writing to the Chief of Police and the decision shall be at the discretion of the Niagara Regional Police Services Board.
49.10 Subject to other provisions of this Article, a member who is the Subject Officer in a Special Investigations Unit (S.I.U.) investigation may make application for legal indemnification subject to and upon the receipt of a final determination or recommendation by S.I.U. that criminal charges or other punitive actions will not be initiated or pursued.
49.11 A member who is required as a witness by the Special Investigations Unit (S.I.U.) in the course of an investigation into the conduct of another member shall be indemnified for any the necessary legal costs incurred by the member as a witness.
49.12 A member or members of the Service will be indemnified for the necessary and reasonable legal costs directly associated costs, including but not limited to, hotel, meals and airfare, which result from any criminal, statutory or civil matters arising from the protection out of the member's interest at such inquiry, but only if:
(i) deployment outside of the Chief of Region and/or to another Police Service 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 agency if the member and the Chief and/or the Board before that inquiry.
29.4 To qualify for financial assistance under 29.1, 29.2 or 29.3, the member shall obtain the Board's approval of counsel to be retained by the member by application to the Board through the Chief. The Board's approval of counsel shall not be withheld unreasonably.
29.5 The Board will not consider any application for financial assistance which relates to the legal representation of a member in connection with a grievance or complaint made under the provisions of the Police Services Act, 1990 of this Collective Agreement or for the legal defence of a member resulting from a discipline charge made under the Police Services Act, 1990, Regulations made under that Act and all amendments thereto.
29.6 Where an investigation is commenced under Part VII of the Police Services Act and it appears to the Chief of Police that a member requires legal counsel in responding to the investigation, the Chief of Police may arrange for legal counsel to provide counsel to the member in connection with the investigation of such terms as the Chief considers appropriate. As soon as practicable, the Chief shall bring his action and his recommendation to the attention of the Board who may approve or alter the terms of retention of such legal counsel or the Chief's recommendation in respect thereof. Neither the Board nor the Chief shall provide legal counsel after the completion of the investigation or the laying of information(s), as Article 29 of the Civilian Collective Agreement is intended to govern such matters.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- negotiation by either the Board or the Association when the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitration.
29.8 A member who becomes involved in a matter which may entitle him/her entitled to legal indemnification under this clause is entitled Agreement in relation to receive funds from the Board for a retainer and/or for interim payment of legal costs as reasonably requested by the member’s counsel to a maximum of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if the member is finally determined not to be eligible for indemnification in accordance with this Agreementsame matters.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
LEGAL INDEMNIFICATION. For the purposes of legal costs, it shall include those costs of an Association approved para-legal service.
(A) 43.01 Subject to the other provisions of this Article, a member :
(a) an employee charged with and finally acquitted but found not guilty of a criminal or statutory offence other federal offence, because of acts done in good faith in the performance or attempted performance of his employment or dutieshis/her duties as an employee, shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such charges.;
(Bb) Members an employee charged with but found not guilty of a provincial offence, because of acts done in good faith in the performance of his/her duties as an employee, shall not be indemnified for up to five-thousand dollars ($5,000) of the necessary and reasonable legal costs arising from incurred in the actions or omissions defence of members acting such charges;
(c) an employee who has been designated as a witness in their capacity as private citizens. For an investigation undertaken by the purpose of Clause 29.1 (A) a Member: Special Investigations Unit shall be deemed to have indemnified for the necessary and reasonable legal costs incurred during the initial, on-site investigation by the SIU. Where more than one employee has 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 designated as a result of charges laid he is subsequently found guilty ofwitness with respect to an SIU investigation, or pleads guilty to, other charges arising out of the same incident or incidents.necessary and reasonable legal costs will be indemnified for one counsel collectively for all witness employees;
29.2 When a member (d) where an employee is a defendant in a civil action for damages because arising out of acts done in good faith in the course performance of his employment his/her duties, and a government lawyer (or duties he in the case of an insured claim, counsel retained by the insurer) determines he/she is unable to act for the employee, the employee shall be indemnified for the necessary and reasonable legal costs incurred in defending the defence of such an action in action, if the following circumstances only:
(i) where the Board employee is not joined found to be liable. Any legal costs which are recovered by the employee in the action as shall be deducted from the reimbursement; and
(e) where an employee’s conduct has been called into question in the course of a party pursuant to s. 50 of the Police Services Act, Public Inquiry or a Coroner’s Inquest and the Board does not defend employee was acting in good faith in the action on behalf performance of itself his/her duties 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 counsel acting on behalf of the Board and the member Employer determines he/she is of the view that it would be improper for him unable 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 dutiesemployee, the member employee shall be indemnified for any the necessary and reasonable legal costs directly incurred in defending the action.
43.02 Employees shall not be indemnified for legal costs arising from the protection of the member's interest at such inquiry, but only iffrom:
(ia) grievances or complaints under the Memorandum of Understanding between the Employer and the Association or under the Public Service Act;
(b) the Chief actions or omissions of Police or the Board does not provide counsel to represent the York Regional Police, at the Board's expenseemployees acting in their capacity as private citizens; or
(iic) investigations and complaints under the Employer’s Workplace Discrimination and Harassment Prevention (WDHP) Policy.
43.03 For the purposes of 43.01(a) and 43.01(b), an employee:
(a) shall be deemed to have been found not guilty where: he/she is finally acquitted; the charges are withdrawn; or he/she is discharged following a preliminary inquiry; and
(b) shall be deemed to have been found guilty where: he/she is given an absolute or conditional discharge; or he/she subsequently is found guilty of or pleads guilty to other charges arising out of the same incident(s).
(a) Applications for approval for legal indemnification shall be made in writing to the Commissioner or Assistant Deputy Minister, as applicable, as soon as the employee is aware of a legal proceeding in which he/she requires legal representation.
(b) Legal costs incurred prior to approval for legal indemnification will only be reimbursed where the Employer is satisfied that it was not possible in the opinion of circumstances for the employee to obtain prior approval and that the application for approval was made at the earliest opportunity.
(c) The employee shall enter into a written retainer agreement with counsel retained by the Chief employee. The form and substance of Police or the Board retainer, including the terms and conditions of the agreement, shall be subject to represent the York Regional Police, it would be improper for him to represent approval of the member and the Chief and/or the Board before that inquiryEmployer.
29.4 To qualify for financial assistance under 29.1(d) For the purposes of this Article, 29.2 or 29.3, “legal costs” shall be the member shall obtain actual costs disclosed on the Board's approval of accounts rendered by the legal counsel to be performing the work.
(e) Any account submitted by counsel retained by the member by application employee is subject to the Board through review and approval of the ChiefEmployer. In the event the Employer does not approve the actual costs disclosed on the account, the employee may have the account assessed on a solicitor and client basis by a court assessment officer. The Board's approval of counsel shall not be withheld unreasonablyEmployer will reimburse the employee for the fee charged to the employee for filing a request for an assessment with a court assessment officer.
29.5 43.05 For the purposes of this Article:
(a) The Board will not consider any application for legal costs shall be deemed to have been incurred by the employee notwithstanding that the employee may have received financial assistance which relates to from the legal representation of a member in connection with a grievance or complaint made under the provisions of the Police Services Act, 1990 of this Collective Agreement or for the legal defence of a member resulting from a discipline charge made under the Police Services Act, 1990, Regulations made under that Act and all amendments thereto.
29.6 Where an investigation is commenced under Part VII of the Police Services Act and it appears to the Chief of Police that a member requires legal counsel in responding to the investigation, the Chief of Police may arrange for legal counsel to provide counsel to the member in connection with the investigation of such terms as the Chief considers appropriate. As soon as practicable, the Chief shall bring his action and his recommendation to the attention of the Board who may approve or alter the terms of retention of such legal counsel or the Chief's recommendation Association in respect thereof. Neither the Board nor the Chief shall provide legal counsel after the completion of the investigation thereof or the laying of information(s), as Article 29 of the Civilian Collective Agreement is intended to govern such matters.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- negotiation by either the Board or that the Association when paid or incurred the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitration.
29.8 A member who becomes involved in a matter which may entitle him/her to legal indemnification under this clause is entitled to receive funds from the Board for a retainer and/or for interim payment of legal costs as reasonably requested by the member’s counsel to a maximum of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if the member is finally determined not to be eligible for indemnification in accordance with this Agreement.expenses directly; and
Appears in 2 contracts
Samples: Civilian Memorandum of Understanding, Civilian Memorandum of Understanding
LEGAL INDEMNIFICATION. For the purposes of legal costs, it shall include those costs of an Association approved para-legal service.
(Aa) Subject to the other provisions of this Article, a member charged with and finally acquitted but not found guilty of a criminal or statutory offence offence, because of acts done in the performance or attempted performance in good faith of his employment or dutieshis/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.
(Bb) Members Subject to the other provisions of this Article, a member who is not charged with a criminal or statutory offence but who has been the subject of a criminal investigation because of acts done in the attempted performance in good faith of his/her duties as a member of the Service shall not be indemnified for the necessary and reasonable legal costs incurred by the member during that investigation unless, 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 such investigation, the member is, after the completion of any grievance and arbitration process that may be initiated, disciplined, in which event the member shall not be eligible for indemnification hereunder.
(c) Paragraph (b) hereof also applies to members who, although not the subject of a criminal investigation, have incurred legal costs during the initial, on-site investigation by SIU. It is subsequently found guilty ofunderstood that the legal costs of one counsel for each member identified as a subject member will be indemnified and that the legal costs of one counsel collectively for all members identified as witnesses will be indemnified with respect to that SIU investigation.
27:02 Notwithstanding paragraphs 27:01(a), (b) and (c), the Board may refuse payment otherwise authorized under paragraph 27:01(a), (b) or pleads guilty to, other charges arising out (c) where the actions of the same incident member from which the charges or incidents.investigation arose amounted to a gross dereliction of duty or deliberate abuse of his/her powers as a member of the Service..
29.2 27:03 When a member is a defendant in a civil action for damages because of acts done during his/her tour of duty in the course attempted performance in good faith of his employment or his/her duties he as a member of the Service 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:
(ia) where Where neither the Chief of Police nor the Board is not joined in the action as a party pursuant to s. 50 section 50(1) of the Police Services Act, and neither the Chief of Police nor the Board does not defend defends the action on behalf of itself himself/herself and of the member as joint tortfeasors at the Board's sole expense;.
(iib) where Where the Chief of Police and/or the Board are/is joined as a party or elects elect(s) to defend the action, but the Solicitor solicitor retained on behalf of the Chief of Police and/or the Board and the member is of the view that it would be improper for him him/her to act for both the Chief of Police and/or the Board and the member in that action.
29.3 (c) Where during an inquest under the Coroner's Act a member's Board’s or the City of Toronto’s insurer denies legal representation based upon any exclusion(s) in the applicable insurance contracts.
27:04 A member whose conduct is called into question in the course of an inquiry under the Coroners Act because of acts done in the attempted performance in good faith of his duties, his/her duties as a member of the member Service shall be indemnified for any the necessary and reasonable legal costs directly arising from incurred in representing his/her interests in any such inquest in the protection of the member's interest at such inquiry, but only iffollowing circumstances only:
(ia) Where the Chief of Police or and/or the Board does not provide counsel to represent the York Regional Police, member at the inquest at the Board's expense; or
(iib) in Where the opinion of counsel retained provided by the Chief of Police or the Board to represent either or both of them along with the York Regional Police, member is of the opinion that it would be improper for him him/her to represent act for both the Chief of Police or the Board and the member and the Chief and/or in that action.
(a) Where a member intends to apply to the Board before that inquiry.
29.4 To qualify for financial assistance under 29.1, 29.2 or 29.3indemnification hereunder, the member shall, within thirty days of being charged or receiving notice of other legal proceedings covered herein, or receiving notice that he/she will not be represented by counsel retained by the Chief of Police and/or the Board, apply in writing to the Chief of Police or to the officer designated by the Chief of Police to deal with such applications for approval to retain counsel and approval of the counsel to be so retained. In the event of any dispute concerning the counsel to be retained, the matter shall obtain be resolved by an officer designated by the Chief and a member of the Association Executive designated for that purpose.
(b) When a member advises his/her Unit Commander, in accordance with the Regulations of the Service, that he/she has been charged, or has received notice of other proceedings, the Unit Commander will advise the member in writing of the requirement to apply for indemnification within 30 days.
27:06 Where the Chief of Police, pursuant to Board policy, elects to provide legal counsel to defend a member in any legal proceeding covered by this provision, the cost of such counsel is the Board's approval responsibility irrespective of counsel to be retained by the outcome of the proceedings and neither the member by application to nor the Board through may rely upon the Chief. The Board's approval other provisions of counsel this policy.
27:07 For greater certainty, members shall not be withheld unreasonably.indemnified for legal costs arising from:
29.5 The Board will not consider any application for financial assistance which relates to the legal representation of a member in connection with a grievance (a) grievances or complaint made complaints under the provisions of the Police Services Act, 1990 of this Collective Agreement between the Board and the Association or for the legal defence of a member resulting from a discipline charge made under the Police Services Act, 1990, Regulations made ;
(b) the actions or omissions of members acting in their capacity as private citizens;
(c) discipline charges under that Act and all amendments thereto.
29.6 Where an investigation is commenced under Part VII of the Police Services Act and it appears to the Chief of Police that a member requires legal counsel in responding to the investigation, the Chief of Police may arrange for legal counsel to provide counsel to the member in connection with the investigation of such terms as the Chief considers appropriate. As soon as practicable, the Chief shall bring his action and his recommendation to the attention of the Board who may approve or alter the terms of retention of such legal counsel or the Chief's recommendation in respect thereof. Neither the Board nor the Chief shall provide legal counsel after the completion of the investigation or the laying of information(s), as Article 29 of the Civilian Collective Agreement is intended to govern such mattersregulations thereunder.
29.7 All sections under Article 29 27:08 For the purpose of clause 27:01, a member
(Legal Indemnificationa) shall be deemed to have been "not found guilty" where he/she is finally acquitted, where the charges are subject withdrawn or where he/she is discharged following a preliminary inquiry; and
(b) shall be deemed to review and re- negotiation by either the Board or the Association when the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitration.
29.8 A member who becomes involved in a matter which may entitle him/her to legal indemnification under this clause is entitled to receive funds from the Board for a retainer and/or for interim payment of legal costs as reasonably requested by the member’s counsel to a maximum of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if have been "found guilty" where the member is finally determined not given an absolute or conditional discharge or where, if as a result of charges laid he/she is subsequently found guilty of, or pleads guilty to, other charges arising out of the same incident or incidents.
27:09 For the purpose of this provision, "necessary and reasonable legal costs" shall be based on the account rendered by the solicitor performing the work, subject initially to the approval of the City of Toronto Solicitor and, in the case of dispute between the Solicitor doing the work and the City of Toronto Solicitor, taxation on a solicitor and client basis by the taxing officer.
27:10 For the purposes of this Article, a reference to any Act shall be eligible deemed to include any Act that in the future is enacted in place of the Act referred to in this Article.
27:11 For the purposes of this Article:
(a) the necessary and reasonable legal costs incurred by a member for which provision of legal indemnification is made shall be deemed to have been incurred by the member himself/herself notwithstanding that the member may have received financial assistance in accordance with this Agreementrespect thereof from the Association; and
(b) a member shall include a former member where the charges arose out of a situation that occurred while the member was still an active member of the Service.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
LEGAL INDEMNIFICATION. For the purposes of legal costs, it shall include those costs of an Association approved para-legal service.
(Aa) Subject to the other provisions of this Article, a 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 who may be indemnified for the necessary and reasonable legal costs incurred in the defence of such charges.
(B) Members shall not be indemnified eligible for legal costs arising from indemnification under Article 20 of the actions or omissions Collective Agreement and who wishes to apply for funds to provide his/her counsel with a deposit on account 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 wherefees, if as a result of charges laid he such deposit is subsequently found guilty ofrequired, 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 may make application 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 funds if:
(i) the Chief member needs counsel because the member has been charged with an offence against the Criminal Code based on the information of Police someone other than a police officer and the member's offence is alleged to have been committed during the arrest or laying of charges against a suspect or during the Board does not provide counsel to represent the York Regional Police, at the Board's expense; orevents leading thereto;
(ii) it appears that Article 20.02 of the Collective Agreement does not apply;
(iii) the amount requested does not exceed Two Thousand Dollars ($2,000.00) or is deemed reasonable by the Solicitor for the Regional Municipality;
(iv) in a manner and form satisfactory to the Solicitor of the Regional Municipality, the member and the Association agree to repay the funds to the Board in the opinion event that the member is not entitled to indemnification under Article 20 of counsel retained by the Collective Agreement.
(v) 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 inquiryso recommends.
29.4 To qualify for financial assistance under 29.1, 29.2 or 29.3, the member shall obtain the Board's approval of counsel to be retained by the member by application to the Board through the Chief. The Board's approval of counsel shall not be withheld unreasonably.
29.5 The Board will not consider any application for financial assistance which relates to the legal representation of a member in connection with a grievance or complaint made under the provisions of the Police Services Act, 1990 of this Collective Agreement or for the legal defence of a member resulting from a discipline charge made under the Police Services Act, 1990, Regulations made under that Act and all amendments thereto.
29.6 b) Where an investigation is commenced under Part VII of the Police Services Act and it appears to the Chief of Police that a member requires officers of the Peel Regional Police require legal counsel in responding to the investigation, the Chief of Police may arrange for legal counsel to provide counsel to the member such officers in connection with the investigation of on such terms as the Chief considers appropriate. As soon as practicable, the Chief shall bring his his/her action and his his/her recommendation to the attention of the Board who may approve or alter the terms of retention of such legal counsel or the Chief's recommendation in respect thereof. Neither the Board nor the Chief shall provide legal counsel after the completion of the investigation or the laying of information(s), as Article 29 20 of the Civilian Uniform Collective Agreement is intended to govern such matters.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- negotiation by either the Board or the Association when the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitration.
29.8 A member who becomes involved in a matter which may entitle him/her to legal indemnification under this clause is entitled to receive funds from the Board for a retainer and/or for interim payment of legal costs as reasonably requested by the member’s counsel to a maximum of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if the member is finally determined not to be eligible for indemnification in accordance with this Agreement.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
LEGAL INDEMNIFICATION. For the purposes of legal costs, it shall include those costs of an Association approved para-legal service.
(A) 16.01 Subject to the other provisions of this Article, a member charged with and finally acquitted of a criminal or statutory offence offence, because of acts done while in the performance or attempted performance in good faith of his employment or duties, 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 (Bstay of proceedings) Members shall not be indemnified for legal costs 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 actions same set of facts or omissions of members acting in their capacity as private citizens. For transactions giving rise to the purpose of Clause 29.1 (A) a Member: shall be deemed to have been "Finally Acquitted"charge(s).
16.02 Notwithstanding clause 16.01, where charges are withdrawn or where he is discharged following a preliminary inquiry; and shall be deemed not to have been "Finally Acquitted" the Board may refuse payment otherwise authorized under clause 16.01 where the member is given an absolute actions of the officer from which the charges arose amounted to a dereliction of duty or conditional discharge or where, if abuse of his/her powers 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 incidentspolice officer.
29.2 When 16.03 Where a member Sworn Member is a defendant in a civil action for damages because of acts done in the course attempted performance in good faith of his employment or duties he 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 pursuant to s. 50 of under the Police Services Act, and the Board does not defend the action on behalf of itself and the sworn member as joint tortfeasors at the Board's sole ’s 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 assistance under 29.1, 29.2 or 29.3, the member shall obtain the Board's approval of counsel to be retained by the member by application to the Board through the Chief. The Board's approval of counsel shall not be withheld unreasonably.
29.5 The Board will not consider any application for financial assistance which relates to the legal representation of a member in connection with a grievance or complaint made under the provisions of the Police Services Act, 1990 of this Collective Agreement or for the legal defence of a member resulting from a discipline charge made under the Police Services Act, 1990, Regulations made under that Act and all amendments thereto.
29.6 Where an investigation is commenced under Part VII of the Police Services Act and it appears to the Chief of Police that a member requires legal counsel in responding to the investigation, the Chief of Police may arrange for legal counsel to provide counsel to the member in connection with the investigation of such terms as the Chief considers appropriate. As soon as practicable, the Chief shall bring his action and his recommendation to the attention of the Board who may approve or alter the terms of retention of such legal counsel or the Chief's recommendation in respect thereof. Neither the Board nor the Chief shall provide legal counsel after the completion of the investigation or the laying of information(s), as Article 29 of the Civilian Collective Agreement is intended to govern such matters.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- negotiation by either the Board or the Association when the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitration.
29.8 A member who becomes involved in a matter which may entitle him/her to legal indemnification under this clause is entitled to receive funds from the Board for a retainer and/or for interim payment of legal costs as reasonably requested by the member’s counsel to a maximum of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if the member is finally determined not to be eligible for indemnification in accordance with this Agreement.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
LEGAL INDEMNIFICATION. For the purposes of legal costs, it shall include those costs of an Association approved para-legal service.
(A) 34.1 Subject to the other provisions of this Article, a member charged with and finally acquitted of a criminal or statutory offence offence, because of acts done while on duty in the performance or attempted performance in good faith of his employment or duties, his/her duties as a Civilian member 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 in respect of a lawyer performing the work, or $90.00 per hour in the event that a para-legal is performing the work.
(B) Members shall not be indemnified for legal costs arising from 34.2 Notwithstanding clause 34.1, the Board may refuse payment otherwise authorized under clause 34.1 where the actions of the Civilian member from which the charges arose mounted to a dereliction of duty or omissions abuse 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 his/her powers as a result of charges laid he is subsequently found guilty of, or pleads guilty to, other charges arising out Civilian member of the same incident or incidentsService.
29.2 When 34.3 Where a member is a defendant in a civil action for damages because of acts done in the course attempted performance in good faith of his employment his/her duties as a member of the Service, and the action is not defended by the insurance carrier of the Regional Municipality of Niagara or duties he 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 34.3.1 Where the Board Chief of Police is not joined in the action as a party pursuant to s. Section 50 of the The Police Services Act, and or the Board Chief of Police does not defend the action on behalf of itself himself/herself and of the member as joint tortfeasors tort-feasors at the Board's sole expense;
(ii) where 34.3.2 Where the Board Chief of Police is joined as a party or and the Board elects to defend the action, but the Solicitor solicitor retained on behalf of the Board and the member is of the view that it would be improper for him him/her to act for both the Board 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.
29.3 Where during 34.3.3 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.
34.4 A member of the Service who is requested or subpoenaed to appear before an inquest inquiry initiated under the Coroner's Act a member's 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 Inquiries Act or a Royal Commission, because of acts done in the attempted performance in good faith of his dutiesa member's duties as a Civilian member of the Service, shall be indemnified by the Niagara Police Board for the necessary and reasonable legal costs incurred in representing his/her interests in such an inquiry on the following conditions:
34.4.1 Where one or more than one member of the Service is subpoenaed to appear, other than the Chief of Police, in such a case there shall be only one counsel representing the members of the Service, excluding the Chief of Police, and;
34.4.2 Where the counsel representing the members of the Service, excluding the Chief of Police, is of the opinion that it would be improper for him/her to act for both the member and the other members of the Service, he/she shall notify the Board forthwith of such concerns. The Board shall decide if additional counsel shall be retained with respect to the indemnifications provisions of this Article, and;
34.4.3 If the Board has retained counsel in such proceedings, the Board’s solicitor will provide advice to, and represent, any member or members who are requested to appear, or who are subpoenaed, or whose conduct is called into question for the reasons set out in 34.4 unless the Board’s solicitor determines that a conflict of interest exists. If such conflict exists, then the provisions of 34.5.1 and 34.5.2 apply. The Board shall decide, based on the advice of its solicitor, if additional counsel shall be retained with respect to the indemnification provisions of this article.
34.4.4 A member or members of the Service shall not be indemnified unless they are found not guilty of misconduct in the proceeding for which legal indemnification is sought.
34.4.5 A member or members of the Service shall not be indemnified for such legal costs if such indemnification, in the opinion of the Board, would reduce respect for law enforcement in the Regional Municipality of Niagara.
34.5 In the event that a member intends to apply to the Board for indemnification pursuant to the provisions of this Article, the following shall apply:
34.5.1 The member shall, within thirty (30) days of being charged or of receiving notice of other legal proceedings provided for in this article, apply in writing to the Chief of Police or his designee for approval to retain counsel or a paralegal and for the approval of the counsel or paralegal to be so retained.
34.5.2 In the event of any dispute concerning the counsel or paralegal to be retained, the matter shall be resolved by an officer designated by the Chief of Police and a member of the Association Executive designated for that purpose.
34.5.3 The application of the member for indemnification shall include:
i. a fee schedule provided by the lawyer or paralegal setting out his or her hourly rate, and confirming that the fees will be charged at the lesser of the lawyer or paralegal’s normal hourly rate, or $260.00 for a lawyer or $90.00 for a paralegal;
ii. an estimate, where practicable, of the total charges that will be incurred in the matter, and
iii. the lawyer or paralegal's undertaking to submit monthly statements to the Board showing the time spent and the charges incurred on the file during the month. If the application is approved, the Board reserves the right to refuse payment of the lawyer or paralegal’s account if the counsel or paralegal fails to submit monthly statements in accordance with subparagraph (iii) above, provided that it has given 30 days written notice of its intention to do so to the lawyer or paralegal, with a copy to the Association, and the lawyer or paralegal has not remedied the situation prior to the expiry of the 30 days.
34.5.4 The Board has the right to negotiate fees with the lawyer or paralegal to be retained, and the affected member has the right to be present during the fee negotiations.
34.5.5 There shall be a cap on the legal fees of $260.00 per hour. In addition, a lawyer may charge for travel time at the rate of $130.00 per hour to a maximum of four (4) hours per day.
34.6 For greater certainty, members shall not be indemnified for legal costs arising from:
34.6.1 Grievances or complaints under the Collective Agreement between the Board and the Association or under The Police Services Act;
34.6.2 The actions or omissions of members acting in their capacity as private citizens;
34.7 For the purpose of this provision, a member shall not be deemed to be "finally acquitted" if, as a result of charges laid, he/she is subsequently found guilty of, or pleads guilty to other charges arising out of the same incident or incidents.
34.8 For the purpose of this provision, "necessary and reasonable legal costs" shall be based on the account rendered by the solicitor or paralegal performing the work, subject to taxation by an assessment officer of the Supreme Court of Ontario. If the General Counsel for the Association attends at a S.I.U. call outside normal business hours in circumstances where outside counsel is unavailable or there is a conflict that requires more than one counsel, the Association will be reimbursed at the rate of $150.00 per hour.
34.9 In the case of aggravated assault, assault causing bodily harm or the included offence of ordinary assault, the indemnification referred to in clause 34.1 shall be limited to only those fees that would have reasonably been incurred if the matter was tried in Provincial Court unless the member first obtains permission to elect to be tried by any other court. To obtain the said approval of the Board, the member shall make an application in writing to the Chief of Police and the decision shall be at the discretion of the Niagara Regional Police Services Board.
34.10 Subject to other provisions of this Article, a member who is the Subject Officer in a Special Investigations Unit (S.I.U.) investigation may make application for legal indemnification subject to and upon the receipt of a final determination or recommendation by S.I.U. that criminal charges or other punitive actions will not be initiated or pursued.
34.11 A member who is required as a witness by the Special Investigations Unit (S.I.U.) in the course of an investigation into the conduct of another member shall be indemnified for any the necessary legal costs incurred by the member as a witness.
34.12 A member or members of the Service will be indemnified for the necessary and reasonable legal costs directly associated costs, including but not limited to, hotel, meals and airfare, which result from any criminal, statutory or civil matters arising from the protection out of the member's interest at such inquiry, but only if:
(i) deployment outside of the Chief of Region and/or to another Police Service 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 agency if the member and the Chief and/or the Board before that inquiry.
29.4 To qualify for financial assistance under 29.1, 29.2 or 29.3, the member shall obtain the Board's approval of counsel to be retained by the member by application to the Board through the Chief. The Board's approval of counsel shall not be withheld unreasonably.
29.5 The Board will not consider any application for financial assistance which relates to the legal representation of a member in connection with a grievance or complaint made under the provisions of the Police Services Act, 1990 of this Collective Agreement or for the legal defence of a member resulting from a discipline charge made under the Police Services Act, 1990, Regulations made under that Act and all amendments thereto.
29.6 Where an investigation is commenced under Part VII of the Police Services Act and it appears to the Chief of Police that a member requires legal counsel in responding to the investigation, the Chief of Police may arrange for legal counsel to provide counsel to the member in connection with the investigation of such terms as the Chief considers appropriate. As soon as practicable, the Chief shall bring his action and his recommendation to the attention of the Board who may approve or alter the terms of retention of such legal counsel or the Chief's recommendation in respect thereof. Neither the Board nor the Chief shall provide legal counsel after the completion of the investigation or the laying of information(s), as Article 29 of the Civilian Collective Agreement is intended to govern such matters.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- negotiation by either the Board or the Association when the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitration.
29.8 A member who becomes involved in a matter which may entitle him/her entitled to legal indemnification under this clause is entitled Agreement in relation to receive funds from the Board for a retainer and/or for interim payment of legal costs as reasonably requested by the member’s counsel to a maximum of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if the member is finally determined not to be eligible for indemnification in accordance with this Agreementsame matters.
Appears in 2 contracts
Samples: Civilian Collective Agreement, Collective Agreement
LEGAL INDEMNIFICATION. For (1) The Board shall indemnify a Member of the purposes Police Service for reasonable legal costs incurred as a result of legal costsacts done while acting in good faith in the performance of his/her duties as a Civilian Member of the former Woodstock Police Service, it shall include those costs Oxford Community Police Service and/or current Woodstock Police Service:
(a) in the defence of an Association approved para-legal servicea civil action;
(b) in the defence of a criminal prosecution, excluding a criminal prosecution in which the Member is finally found guilty;
(c) in the defence of a statutory prosecution, in which the Member is not convicted of a statutory offence;
(d) in respect of any other proceedings in which the Member’s manner of execution of the duties of his or her employment was in issue.
(A2) Subject Notwithstanding clause (1) the Board may refuse payment otherwise authorized under clause (1) where the actions of the Member from which the charges arose amounted to the other provisions a dereliction of this Article, duty or abuse of his/her powers as a member charged with and finally acquitted of Civilian Member.
(3) Where a criminal or statutory offence Member is a defendant in a civil action for damages because of acts done in the performance or attempted performance course of his his/her employment or dutiesduties as a Civilian Member with the former Woodstock Police Service, Oxford Community Police Service and/or current Woodstock Police Service, shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such chargesan action 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.
(B4) Where a Member intends to apply to the Board for indemnification hereunder, the Member shall, within ten (10) days of being charged or receiving notice of other legal proceedings covered herein, apply in writing to the Chief of Police or to the officer designated by the Chief of Police to deal with such applications for approval to retain counsel and approval of the counsel to be so retained. In the event of any dispute concerning the counsel to be retained, the matter shall be resolved by an officer designated by the Chief and a Member of the Association Executive designated for that purpose.
(5) For greater certainty, Members shall not be indemnified for legal costs arising from from:
(a) grievances or complaints under the Collective Agreement between the Board and the Association or under the Police Services Act;
(b) the actions or omissions of members Members acting in their capacity as private citizens. ;
(c) proceedings and discipline charges under the Police Services Act and regulations.
(6) For the purpose purposes of Clause 29.1 (A) this provision, a Member: Member shall not be deemed to have been be "Finally Acquitted", where charges are withdrawn or where he is discharged following a preliminary inquiry; and shall be deemed not to have been "Finally Acquittedfinally acquitted" where the member is given an absolute or conditional discharge or where, if as a result of charges laid he he/she 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 (7) For the purposes of acts done in the course of his employment or duties he shall be indemnified for the this provision, "necessary and reasonable legal costs" shall be based on the account rendered by the solicitor performing the work, subject to the approval of the Solicitor of the Board.
(8) Should the S.I.U. investigate the Members of the former Woodstock Police Service, Oxford Community Police Service and/or current Woodstock Police Service, the Board will cover the legal costs incurred for the first seventy-two (72) hours for any on duty actions resulting 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 actioninvestigation.
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 assistance under 29.1, 29.2 or 29.3, the member shall obtain the Board's approval of counsel to be retained by the member by application to the Board through the Chief. The Board's approval of counsel shall not be withheld unreasonably.
29.5 The Board will not consider any application for financial assistance which relates to the legal representation of a member in connection with a grievance or complaint made under the provisions of the Police Services Act, 1990 of this Collective Agreement or for the legal defence of a member resulting from a discipline charge made under the Police Services Act, 1990, Regulations made under that Act and all amendments thereto.
29.6 Where an investigation is commenced under Part VII of the Police Services Act and it appears to the Chief of Police that a member requires legal counsel in responding to the investigation, the Chief of Police may arrange for legal counsel to provide counsel to the member in connection with the investigation of such terms as the Chief considers appropriate. As soon as practicable, the Chief shall bring his action and his recommendation to the attention of the Board who may approve or alter the terms of retention of such legal counsel or the Chief's recommendation in respect thereof. Neither the Board nor the Chief shall provide legal counsel after the completion of the investigation or the laying of information(s), as Article 29 of the Civilian Collective Agreement is intended to govern such matters.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- negotiation by either the Board or the Association when the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitration.
29.8 A member who becomes involved in a matter which may entitle him/her to legal indemnification under this clause is entitled to receive funds from the Board for a retainer and/or for interim payment of legal costs as reasonably requested by the member’s counsel to a maximum of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if the member is finally determined not to be eligible for indemnification in accordance with this Agreement.
Appears in 2 contracts
Samples: Civilian Contract, Civilian Contract
LEGAL INDEMNIFICATION. For the purposes of legal costs, it shall include those costs of an Association approved para-legal service.
(A) 28:01 Subject to the other provisions of this Article, a member an employee charged with and finally acquitted of a criminal or statutory offence offence, because of acts done in the performance or attempted performance in good faith of his employment or duties, his/her duties as an employee shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such charges. See Letter of Understanding on page 63 regarding suspensions with pay.
(B) Members shall not be indemnified for 28:02 Notwithstanding Clause 28:01, the Board may authorize payment of necessary and reasonable legal costs arising from of an employee pleading or being found guilty of an offence described in Clause 28:01, where the court, instead of convicting the accused, grants him/her an absolute discharge, provided that the Board accepts the recommendation of the Chief of Police, or an officer designated by him/her to make such a recommendation, that the employee’s actions in the course of performing his/her duties were motivated by an intent to do his/her lawful duty, that such actions do not constitute any of the actions or omissions described in Clause 28:03 hereof, and that such indemnification will not in the opinion of members acting in their capacity as private citizens. For the purpose Board reduce respect for law enforcement to the City of Ottawa.
28:03 Notwithstanding Clause 29.1 (A) a Member: shall be deemed to have been "Finally Acquitted"28:01, where charges are withdrawn or where he is discharged following a preliminary inquiry; and shall be deemed not to have been "Finally Acquitted" the Board may refuse payment otherwise authorized under Clause 28:01 where the member is given an absolute actions of the employee from which the charges arose amounted to a gross dereliction of duty or conditional discharge or where, if deliberate abuse of his/her powers 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 incidentsemployee.
29.2 When a member 28:04 Where an employee is a defendant in a civil action for damages because of acts done in the course attempted performance in good faith of his employment or his/her duties he as an employee, 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:
(ia) where Where the Board Chief of Police is not joined in the action as a party pursuant to s. 50 of as set out in the Police Services Act, and the Board Chief of Police does not defend the action on behalf of itself himself/herself and of the member employee as joint tortfeasors tortfeasers at the Board's ’s sole expense;
(iib) where Where the Board Chief of Police is joined as a party or elects to defend the action, but the Solicitor solicitor retained on behalf of the Board Chief of Police and the member employee is of the view that it would be improper for him him/her to act for both the Board Chief of Police and the member employee in that action.
29.3 Where during an inquest under the Coroner's Act a member's 28:05 An employee whose conduct is called into question in the course of an inquiry under the Coroner’s Act because of acts done in the attempted performance in good faith of his duties, the member his/her duties as an employee shall be indemnified for any the necessary and reasonable legal costs directly arising from incurred in representing his/her interests in any such inquest in the protection of the member's interest at such inquiry, but only iffollowing circumstances only:
(ia) Where the Chief of Police or and/or the Board does not provide counsel to represent the York Regional Police, employee at the inquest at the Board's ’s expense; oror,
(iib) in Where the opinion of counsel retained provided by the Chief of Police or the Board to represent either or both of them along with the York Regional Police, employee is of the opinion that it would be improper for him him/her to represent act for both the member Chief of Police or the Board and the Chief and/or employee in that action.
28:06 Where an employee intends to apply to the Board before that inquiry.
29.4 To qualify for financial assistance under 29.1, 29.2 or 29.3indemnification hereunder, the member shall obtain the Board's approval employee shall, within thirty (30) days of being charged or receiving notice of other legal proceedings covered herein, or receiving notice that he/she will not be represented by counsel to be retained by the member by application to Chief of Police and/or the Board through the Chief. The Board's approval of counsel shall not be withheld unreasonably.
29.5 The Board will not consider any application for financial assistance which relates to the legal representation of a member , apply in connection with a grievance or complaint made under the provisions of the Police Services Act, 1990 of this Collective Agreement or for the legal defence of a member resulting from a discipline charge made under the Police Services Act, 1990, Regulations made under that Act and all amendments thereto.
29.6 Where an investigation is commenced under Part VII of the Police Services Act and it appears writing to the Chief of Police that a member requires legal counsel in responding or to the investigation, officer designated by the Chief of Police may arrange to deal with such applications for approval to retain counsel and approval of the counsel to be so retained. In the event of any dispute concerning the counsel to be retained, the matter shall be resolved by an officer designated by the Chief and an employee of the Association Executive designated for that purpose.
28:07 Where the Chief of Police, pursuant to Board policy, elects to provide legal counsel to provide counsel to defend an employee in any legal proceeding covered by this provision, the member in connection with the investigation cost of such terms as counsel is the Chief considers appropriate. As soon as practicable, the Chief shall bring his action and his recommendation to the attention Board’s responsibility irrespective of the Board who may approve or alter outcome of the terms of retention of such legal counsel or proceedings and neither the Chief's recommendation in respect thereof. Neither employee nor the Board nor may rely upon the Chief shall provide legal counsel after the completion of the investigation or the laying of information(s), as Article 29 of the Civilian Collective Agreement is intended to govern such matters.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- negotiation by either the Board or the Association when the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms other provisions of this Article to arbitrationpolicy.
29.8 A member who becomes involved in a matter which may entitle him/her to legal indemnification under this clause is entitled to receive funds from the Board for a retainer and/or for interim payment of legal costs as reasonably requested by the member’s counsel to a maximum of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if the member is finally determined not to be eligible for indemnification in accordance with this Agreement.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
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 defense 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 assistance under 29.1, 29.2 or 29.3, the member shall obtain the Board's approval of counsel to be retained by the member by application to the Board through the Chief. The Board's approval of counsel shall not be withheld unreasonably.
29.5 The Board will not consider any application for financial assistance which relates to the legal representation of a member in connection with a grievance or complaint made under the provisions of the Police Services Act, 1990 of this Collective Agreement or for the legal defence of a member resulting from a discipline charge made under the Police Services Act, 1990, Regulations made under that Act and all amendments thereto.
29.6 Where an investigation is commenced under Part VII of the Police Services Act and it appears to the Chief of Police that a member requires legal counsel in responding to the investigation, the Chief of Police may arrange for legal counsel to provide counsel to the member in connection with the investigation of such terms as the Chief considers appropriate. As soon as practicable, the Chief shall bring his action and his recommendation to the attention of the Board who may approve or alter the terms of retention of such legal counsel or the Chief's recommendation in respect thereof. Neither the Board nor the Chief shall provide legal counsel after the completion of the investigation or the laying of information(s), as Article 29 of the Civilian Collective Agreement is intended to govern such matters.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- re-negotiation by either the Board or the Association when the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitration.
29.8 A member who becomes involved in a matter which may entitle him/her to legal indemnification under this clause is entitled to receive funds from the Board for a retainer and/or for interim payment of legal costs as reasonably requested by the member’s counsel to a maximum of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if the member is finally determined not to be eligible for indemnification in accordance with this Agreement.
Appears in 2 contracts
Samples: Civilian Working Agreement, Civilian Working Agreement
LEGAL INDEMNIFICATION. For A. If the purposes 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 costs, it shall include those costs defense of an Association approved para-the bargaining unit member in any civil legal serviceaction 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 (A5) Subject 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 for legal services under this Article. If the Employer has undertaken the defense of a bargaining unit member with reservation, and if a court of competent jurisdiction deems that the bargaining unit member acted beyond the scope of the bargaining unit member's authority or with willful misconduct or gross negligence, then the Employer has no liability whatsoever to the bargaining unit member or any other provisions person as a result of such determination. In such cases as this, the judgment, costs and fees will be borne by the bargaining unit member as in any other instance where the court determines that the bargaining unit member acted beyond the scope of the bargaining unit member's authority or with willful misconduct or gross negligence.
F. For purposes of this Article, a member charged Employer means the State of Alaska or designated representative of the State or an agency of the State. Consistent with and finally acquitted past practice, decisions 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 Employer pursuant to this Article 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 assistance under 29.1, 29.2 or 29.3, the member shall obtain the Board's approval of counsel to be retained by the member by application subject to the Board through the Chief. The Board's approval of counsel shall not be withheld unreasonablygrievance-arbitration procedures.
29.5 The Board will not consider any application for financial assistance which relates to the legal representation of a member in connection with a grievance or complaint made under the provisions of the Police Services Act, 1990 of this Collective Agreement or for the legal defence of a member resulting from a discipline charge made under the Police Services Act, 1990, Regulations made under that Act and all amendments thereto.
29.6 Where an investigation is commenced under Part VII of the Police Services Act and it appears to the Chief of Police that a member requires legal counsel in responding to the investigation, the Chief of Police may arrange for legal counsel to provide counsel to the member in connection with the investigation of such terms as the Chief considers appropriate. As soon as practicable, the Chief shall bring his action and his recommendation to the attention of the Board who may approve or alter the terms of retention of such legal counsel or the Chief's recommendation in respect thereof. Neither the Board nor the Chief shall provide legal counsel after the completion of the investigation or the laying of information(s), as Article 29 of the Civilian Collective Agreement is intended to govern such matters.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- negotiation by either the Board or the Association when the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitration.
29.8 A member who becomes involved in a matter which may entitle him/her to legal indemnification under this clause is entitled to receive funds from the Board for a retainer and/or for interim payment of legal costs as reasonably requested by the member’s counsel to a maximum of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if the member is finally determined not to be eligible for indemnification in accordance with this Agreement.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
LEGAL INDEMNIFICATION. For the purposes of legal costs, it 21.01 The Board shall include those costs of an Association approved para-legal service.
(A) Subject to the other provisions of this Article, indemnify 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 Member for the necessary and reasonable legal costs incurred in incurred,
(a) In the defence of a Civil Action,
(b) In the defence of a Criminal prosecution, excluding a Criminal prosecution in which a Member is found guilty of a Criminal offence,
(c) In the defence of a Statutory prosecution,
(d) In respect of any other proceeding in which the Member's manner of execution of the duties of the Member's employment was in issue. Without limiting the generality of "any other proceeding", such chargesproceeding shall include a Coroner's Inquest, a Board of Inquiry under Part VI of the Police Services Act, and any investigation or inquiry under Part II of the Police Services Act.
(B) Members 21.02 A Member shall not be indemnified under this Article for legal costs arising from from:
(a) A grievance or complaint under the actions Collective Agreement between the Board and the Association,
(b) An act or omissions omission of members the Member acting in their capacity as a private citizens. For citizen,
(c) A discipline charge under the purpose Police Services Act and Regulations,
(d) A Member's appeal to a Board of Clause 29.1 Inquiry.
21.03 The Board shall provide funds to a Member who is 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, upon application by the Member, which application may be made on the following basis:
(Aa) It appears that the Member is entitled to indemnification of the costs for legal counsel arising under this Agreement, and in the case of a Member: Criminal charge where the actions of the Member in connection with the Criminal charge appear to be consistent with the attempted performance in good faith of their duties as a Police Officer,
(b) The funds applied for do not exceed the greater of $2,000.00 or 50 percent of reasonable legal costs, and in the event of a dispute, shall be deemed determined by the Board's solicitor. If the interim legal costs increase over time, the Member may apply for additional funds within the terms of this Article,
(c) The Member shall undertake to have been "Finally Acquitted", where charges are withdrawn or where he indemnify the Board for such funds if the Member is discharged following a preliminary inquiry; and shall be deemed not entitled 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 incidentsindemnification in accordance with this Agreement.
29.2 When 21.04 Where a member Member is a defendant in a civil Civil action for damages because of acts done in the course of his their employment or duties he as a Police Officer, the Member shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such an action in the following circumstances only:
(ia) where Where the Board is not joined in the action as a party pursuant to s. 50 Section 50(1) of the Police Services Act, and the Board does not defend the action on behalf of itself and of the member Member as joint tortfeasors tort feasors at the Board's sole expense;,
(iib) where Where the Board is joined as a party or elects to defend the action, but the Solicitor solicitor retained on behalf of the Board and the member Member is of the view that it would be improper for him the solicitor to act for both the Board and the member Member in that action.
29.3 Where during an inquest 21.05 For the purpose of legal indemnification under this Agreement, "reasonable legal costs" shall be based on the Coroneraccount rendered by the counsel performing the work. The account shall be subject initially to the approval of the Board's Act a member's conduct is called into question because of acts done solicitor and, in the performance case of his dutiesa dispute between the counsel rendering the account and doing the work and the Board's solicitor, the member account shall be indemnified for any necessary paid after it has been assessed on a solicitor and client basis by an assessment officer of the Ontario Court of Justice (General Division).
21.06 For the purpose of legal indemnification under this Agreement, the reasonable legal costs directly arising incurred by a Member shall be deemed to have been incurred by the Member, notwithstanding that the Member may have received financial assistance in respect thereof from the protection Association.
21.07 In addition to the provisions of the member's interest at such inquiryArticle 21, but only if:
(i) the Chief of Police or the Board does not provide counsel recognizes the necessity of providing immediate legal advice to represent the York Regional Policeany member who, at the Board's expense; or
(ii) as a result of their duties, may be directly or indirectly involved 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 assistance under 29.1, 29.2 or 29.3, the member shall obtain the Board's approval of counsel to be retained by the member by application to the Board through the Chief. The Board's approval of counsel shall not be withheld unreasonably.
29.5 The Board will not consider any application for financial assistance which relates to the legal representation of a member in connection with a grievance or complaint made an occurrence investigated under the provisions of the Police Services Act, 1990 of this Collective Agreement or for the legal defence of a member resulting from a discipline charge made under the Police Services Act, 1990, Regulations made under that Act and all amendments thereto.
29.6 Where an investigation is commenced under Part VII of the Police Services Act and it appears to by the Chief of Police Special Investigations Unit (SIU). The Board agrees that a member requires legal counsel in responding to the investigationcounsel(s), the Chief of Police may arrange for legal counsel to provide counsel to the member in connection with the investigation of such terms as the Chief considers appropriate. As soon as practicable, the Chief shall bring his action and his recommendation to the attention of jointly approved by the Board who may approve or alter and the terms of retention of such legal counsel or Association, shall be provided at the ChiefBoard's recommendation in respect thereof. Neither expense, immediately after the Board nor the Chief shall provide legal counsel after occurrence and until the completion of the investigation SIU investigation, or the laying of information(s), as Article 29 of the Civilian Collective Agreement is intended to govern such matters.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- negotiation by either the Board or the Association when the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitration.
29.8 A member who becomes involved in a matter which may entitle him/her to legal indemnification under this clause is entitled to receive funds from the Board for a retainer and/or for interim payment of legal costs as reasonably requested by the member’s counsel to a maximum of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if the member is finally determined not to charged with a criminal or statutory offence, at which time Article 21.03 will be eligible for indemnification in accordance with this Agreementapplied.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
LEGAL INDEMNIFICATION. For the purposes of legal costs, it shall include those costs of an Association approved para-legal service.
(A) 28.01 Subject to the other provisions of this ArticleArticle and in accordance with the Police Services Act, a member charged with and finally acquitted of a criminal or statutory offence offence, because of acts done in the performance or attempted performance in good faith of his employment or dutiesthe members duties as a police officer, shall be indemnified for the necessary and reasonable legal costs incurred in the defence defense of such chargescharge.
28.02 Notwithstanding Clause 28.01, the Board may authorize payment necessary and reasonable legal costs of a member pleading or being found guilty of an offence described in Clause 28.01, where the court, instead of convicting the accused, grants the member an absolute discharge, provided that the Board accepts the recommendation of the Chief of Police, or an officer designated by the Chief of Police to make such a recommendation, that the member's actions as a police officer in the course of performing police duties were motivated by an intent to do lawful duty, that such actions do not constitute any of the actions described in Clause 28.03 hereof, and that such indemnification will not in the opinion of the Board reduce respect for law enforcement in Halton Region.
28.03 Notwithstanding clause 28.01, the Board may refuse payment otherwise authorized under clause 28.01 where the actions of the officer from which the charges arose amounted to a gross dereliction of duty or deliberate abuse of the member's powers as a police officer.
28.04 Where a member is a defendant in a civil action for the damages because of acts done in the attempted performance in good faith of the member's duties as a police officer the member shall be indemnified for the necessary and reasonable legal costs incurred in the defense of such an action in the following circumstances only:
(a) Where the Chief of Police is not joined in the action as a party and the Chief of Police does not defend the action on behalf of the Chief and of the member as joint tortfeasers at the Board's sole expense.
(Bb) Members Where the Chief of Police is joined as a party or elects to defend the action, but the solicitor retained on behalf of the Chief of Police and the member is of the view that it would be improper for the solicitor to act for both the Chief of Police and the member in that action.
28.05 A member whose conduct is called into question in the course of an inquiry under the Coroners Act because of acts done in the 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 in any such inquest in the following circumstances only:
(a) Where the Chief of Police and/or the Board does not provide counsel to represent the member at the inquest at the Board's expense; OR:
(b) Where the counsel provided by the Chief of Police or the Board to represent either or both of them along with the member is of the opinion that it would be improper for the counsel to act for both the Chief of Police or the Board and the member in that action.
28.06 A member who is subject to a complaint pursuant to Part V of the Police Services Act because of acts done in the attempted performance in good faith of the member's duties as a police officer may be indemnified for the necessary and reasonable legal costs incurred in respect of that hearing only where the Chief of Police has decided to hold a hearing into the matter pursuant to section 64(7) of the Police Services Act or the Ontario Civilian Commission on Police Services holds an oral hearing pursuant to section 70 of the Police Services Act and the officer is found not guilty of misconduct or unsatisfactory work performance under the Act.
28.07 Where a member intends to apply to the Board for indemnification hereunder, the member shall, within thirty days of being charged or receiving notice of other legal proceedings covered herein, or receiving notice that the member will not be represented by counsel retained by the Chief of Police and/or the Board, apply in writing to the Chief of Police or to the Officer designated by the Chief of Police to deal with such applications for approval to retain counsel and approval of the counsel to be so retained. In the event of any dispute concerning the counsel to be retained, the matter shall be resolved by an officer designated by the Chief of Police and a member of the Association Executive designated for that purpose.
28.08 Where the Chief of Police, pursuant to Board policy, elects to provide legal counsel to defend a member in any legal proceeding covered by this provision, the cost of such counsel is the Board's responsibility irrespective of the outcome of the proceedings and neither the member nor the Board may rely upon the other provisions of this policy.
28.09 For greater certainty, members shall not be indemnified for legal costs arising from from:
(a) grievances or complaints under the collective agreement between the Board and the Association or under the Police Services Act; and
(b) the actions or omissions of members acting in their capacity as private citizens. .
28.10 For the purpose purposes of Clause 29.1 (A) this provision, a Member: member shall not be deemed to have been be "Finally Acquitted", where charges are withdrawn or where he is discharged following a preliminary inquiry; and shall be deemed not to have been "Finally Acquittedfinally acquitted" where the member is given an absolute or conditional discharge or where, if as a result of charges laid he the member is subsequently found guilty ofor, or pleads guilty to, other charges arising out of the same incident or incidents, but nothing in this clause will disentitle the member to consideration under clause 28.02 hereof.
29.2 When a member is a defendant in a civil action for damages because 28.11 For the purposes of acts done in the course of his employment or duties he shall be indemnified for the this provision, "necessary and reasonable legal costs incurred costs" shall be based on the account rendered by the solicitor performing the work, subject initially to the approval of the Regional Solicitor and, in the defence case of such an action in dispute between the following circumstances only:solicitor doing the work and the Regional Solicitor, Assessment on a solicitor and client basis by the Assessment Officer.
(ia) 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 assistance under 29.1, 29.2 or 29.3, the member shall obtain the Board's approval of counsel to be retained by the member by application Subject to the Board through the Chief. The Board's approval of counsel shall not be withheld unreasonably.
29.5 The Board will not consider any application for financial assistance which relates to the legal representation of a member other provisions in connection with a grievance or complaint made under the provisions of the Police Services Actthis Article, 1990 of this Collective Agreement or for the legal defence of a member resulting from a discipline charge made under the Police Services Act, 1990, Regulations made under that Act and all amendments thereto.
29.6 Where when an investigation is commenced under pursuant to Part VII of the Police Services Act by the Special Investigations Unit ("SIU"), and it appears to the Chief of Police that a member requires the assistance of legal counsel in responding to the investigationrespond to inquiries from SIU Investigators, the Chief of Police may arrange for grant the member permission to retain legal counsel to provide counsel to the member in connection with legal advice and representation at the investigation expense of the Board on such terms as the Chief considers of Police deems appropriate. .
(b) Where the Chief of Police grants a member permission to retain legal counsel under the circumstances set out in Article 28.12 (a), the member shall be indemnified by the Board for all necessary and reasonable legal costs incurred until the completion of the SIU investigation, or the member is charged with a criminal or statutory offence, at which time Article 28.01 of this Agreement shall apply.
(c) As soon as practicableis practical, the Chief of Police shall bring his action and his recommendation actions under this Article to the attention of the Board who may approve or alter the terms of retention of such legal counsel or the Chief's recommendation in respect thereof. Neither the Board nor the Chief shall provide legal counsel after the completion of the investigation or the laying of information(s), as Article 29 of the Civilian Collective Agreement is intended to govern such mattersfor its information.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- negotiation by either the Board or the Association when the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitration.
29.8 A member who becomes involved in a matter which may entitle him/her to legal indemnification under this clause is entitled to receive funds from the Board for a retainer and/or for interim payment of legal costs as reasonably requested by the member’s counsel to a maximum of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if the member is finally determined not to be eligible for indemnification in accordance with this Agreement.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
LEGAL INDEMNIFICATION. For the purposes of legal costs, it shall include those costs of an Association approved para-legal service.
(Aa) Subject to the other provisions of this Articlearticle, a member an employee charged with and finally acquitted of a criminal or statutory offence because of acts done in the performance or attempted performance in good faith of his employment or duties, their duties shall be indemnified for the necessary and reasonable legal costs incurred in the defence defense of such charges.
(Bb) Members Notwithstanding (a) above, the Employer may pay necessary and reasonable legal costs of an employee pleading or being found guilty of an offence as described in (a), where the court, instead of convicting the accused, grants them an absolute discharge, provided that the Employer considers that the member's actions in the course of performing their duties were motivated by an intent to do their lawful duty, that such actions do not constitute any of the actions described in (c) hereof, and that such indemnification will not in the opinion of the Employer reduce respect for law enforcement to the community.
(c) Notwithstanding (b) above, the Employer may refuse payment where, in the opinion of the Employer, the actions of the employee from which the charge arose amounted to a dereliction of duty or abuse of their powers as an employee.
(d) Where an employee intends to apply to the Employer for indemnification hereunder, the employee shall, within thirty (30) days of being charged, apply in writing to the Employer for approval to retain counsel and approval of the counsel to be so retained.
(e) For the purposes of this provision, a member 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 be "Finally Acquitted"finally acquitted" if, 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 a charge laid, they are subsequently found guilty of, or pleads guilty to, other charges arising out of the same incident or incidents, but nothing in this clause will disentitle the member to consideration under clause (d) hereof.
29.2 When a member (f) Where an employee is a defendant in a civil action for damages because of acts done in the course attempted performance in good faith of his employment or duties he their duties, as determined by the Employer, they shall be indemnified for the necessary and reasonable legal costs incurred in the defence defense of such an action in and the following circumstances only:
(i) where the Board is not joined in the action as a party pursuant to s. 50 Employer, at its sole discretion, shall have carriage of the Police Services Actdefense. Where the employee intends to apply to the Employer for indemnification, and the Board does not defend the action on behalf of itself and the member as joint tortfeasors at the Board's sole expense;
they shall do so within thirty (ii30) where the Board is joined as a party or elects to defend the action, but the Solicitor retained on behalf days of the Board and the member is commencement 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 (g) Notwithstanding (f), the Employer may refuse payment where, in the opinion of the Employer, the actions of the employee from which the civil action arose amounted to a dereliction of duty or abuse of their powers as an inquest under the Coroner's Act a member's employee.
(h) An employee whose conduct is called into question in the course of an inquiry under the Coroner’s Act because of acts done in the attempted performance in good faith of his dutiestheir duties as an employee, the member shall be indemnified for the necessary and reasonable cost incurred in representing their interest in any such inquest and the Employer, in its sole discretion, shall have carriage of the defense.
(i) For the purposes of this provision, "necessary and reasonable legal costs" shall be based on the account rendered by the solicitor performing the work, subject initially to the approval of the University General Counsel and, in the case of dispute between the solicitor doing the work and the University General Counsel, assessment of the account pursuant to the rules of civil procedure of Ontario.
(j) For greater certainty, employees shall not be indemnified for legal costs directly arising from the protection actions or omissions of the member's interest at such inquiry, but only if:employees acting in their capacity as private citizens.
(ik) Where the Chief of Police or the Board does not Employer elects to 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 assistance under 29.1, 29.2 or 29.3, the member shall obtain the Board's approval of counsel to be retained by the member by application to the Board through the Chief. The Board's approval of counsel shall not be withheld unreasonably.
29.5 The Board will not consider any application for financial assistance which relates to the legal representation of a member in connection with a grievance or complaint made under the provisions of the Police Services Act, 1990 of this Collective Agreement or for the legal defence of a member resulting from a discipline charge made under the Police Services Act, 1990, Regulations made under that Act and all amendments thereto.
29.6 Where an investigation is commenced under Part VII of the Police Services Act and it appears to the Chief of Police that a member requires legal counsel in responding to the investigation, the Chief of Police may arrange for legal counsel to provide counsel to defend an employee in any legal proceeding covered by this article, the member in connection with the investigation cost of such terms as counsel is the Chief considers appropriate. As soon as practicable, the Chief shall bring his action and his recommendation to the attention Employer’s responsibility irrespective of the Board who may approve or alter outcome of the terms of retention of such legal counsel or proceedings and neither the Chief's recommendation in respect thereof. Neither the Board employee nor the Chief shall provide legal counsel after Employer may rely on the completion of the investigation or the laying of information(s), as Article 29 of the Civilian Collective Agreement is intended to govern such matters.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- negotiation by either the Board or the Association when the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms other provisions of this Article to arbitrationarticle.
29.8 A member who becomes involved in a matter which may entitle him/her to legal indemnification under this clause is entitled to receive funds from the Board for a retainer and/or for interim payment of legal costs as reasonably requested by the member’s counsel to a maximum of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if the member is finally determined not to be eligible for indemnification in accordance with this Agreement.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
LEGAL INDEMNIFICATION. For the purposes of legal costs, it shall include those costs of an Association approved para-legal service.
(A) 26:01 Subject to the other provisions of this Article, a member an employee charged with and finally acquitted of a criminal or statutory offence offence, because of acts done in the performance or attempted performance in good faith of his employment or duties, his/her duties as a police officer shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such charges.
(B) Members shall not be indemnified for 26:02 Notwithstanding 26:01, the Board may authorize payment of necessary and reasonable legal costs arising from of an employee pleading or being found guilty of an offence described in 26:01, where the court, instead of convicting the accused, grants him/her an absolute discharge, provided that the Board accepts the recommendation of the Chief, or an officer designated by him/her to make such a recommendation that the employee’s actions as a police officer in the course of performing his/her duties were motivated by an intent to do his/her lawful duty, that such actions do not constitute any of the actions or omissions described in 26:03 hereof, and that such indemnification will not in the opinion of members acting the Board reduce respect for law enforcement in their capacity as private citizens. For the purpose Regional Municipality of Clause 29.1 (A) a Member: shall be deemed to have been "Finally Acquitted"Ottawa-Carleton.
26:03 Notwithstanding 26:01, where charges are withdrawn or where he is discharged following a preliminary inquiry; and shall be deemed not to have been "Finally Acquitted" the Board may refuse payment otherwise authorized under 26:01 where the member is given an absolute actions of the officer from which the charges arose amounted to a gross dereliction of duty or conditional discharge or where, if deliberate abuse of his/her powers 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 incidentspolice officer.
29.2 When a member 26:04 Where an employee is a defendant in a civil action for damages because of acts done in the course attempted performance in good faith of his employment or his/her duties he as a police officer 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:
(ia) where Where the Board Chief is not joined in the action as a party pursuant to s. section 50 (1) of the Police Services Act, and the Board Chief does not defend the action on behalf of itself himself/herself and of the member employee as joint tortfeasors at the Board's ’s sole expense;.
(iib) where Where the Board Chief is joined as a party or elects to defend the action, but the Solicitor solicitor retained on behalf of the Board Chief and the member employee is of the view that it would be improper for him him/her to act for both the Board Chief and the member employee in that action.
29.3 Where during an inquest under the Coroner's Act a member's 26:05 An employee whose conduct is called into question in the course of an inquiry under the Coroner’s Act because of acts done in the attempted performance in good faith of his duties, the member his/her duties as a police officer shall be indemnified for any the necessary and reasonable legal costs directly arising from incurred in representing his/her interests in any such inquest in the protection of the member's interest at such inquiry, but only iffollowing circumstances only:
(ia) Where the Chief of Police or and/or the Board does not provide counsel to represent the York Regional Police, employee at the inquest at the Board's ’s expense; or;
(iib) in Where the counsel provided by the Chief or the Board to represent either or both of them along with the employee is of the opinion that it would be improper for him/her to act for both the Chief or the Board and the employee in that action.
26:06 Where an employee intends to apply to the Board for indemnification hereunder, the employee shall, within thirty (30) days of being charged or receiving notice of other legal proceedings covered herein, or receiving notice that he/she will not be represented by counsel retained by the Chief of Police or and/or the Board Board, apply in writing to represent the York Regional Police, it would be improper for him to represent the member and the Chief and/or or to the Board before that inquiry.
29.4 To qualify officer designated by the Chief to deal with such applications for financial assistance under 29.1, 29.2 or 29.3, the member shall obtain the Board's approval to retain counsel and approval of the counsel to be retained so retained. In the event of any dispute concerning the counsel to be retained, the matter shall be resolved by an officer designated by the Chief and a member by application to of the Board through Association Executive designated for that purpose.
26:07 Where the Chief. The , pursuant to Board policy, elects to provide legal counsel to defend an employee in any legal proceeding covered by this provision, the cost of such counsel is the Board's approval ’s responsibility irrespective of counsel the outcome of the proceedings and neither the employee nor Board may rely upon the other provisions of this the policy.
26:08 For greater certainty, employees shall not be withheld unreasonablyindemnified for legal costs arising from:
(a) grievances or complaints under the Collective Agreement between the Board and the Association or under the Police Services Act;
(b) the actions or omissions of employees acting in their capacity as private citizens;
(c) discipline charges under the Police Services Act and regulations thereunder.
29.5 The Board 26:09 For the purposes of this provision, an employee shall not be deemed to be “finally acquitted” if as a result of charges laid he/she is subsequently found guilty of, or pleads guilty to, other charges arising out of the same incident or incidents, but nothing in this clause will not consider any application for financial assistance which relates disentitle the member to consideration under 26:02 hereof.
26:10 For the purposes of this provision, “necessary and reasonable legal costs” shall be based on the account rendered by the solicitor performing the work, subject initially to the legal representation approval of the Board and, in the case of dispute between the solicitor doing the work and the Board, assessment on a solicitor and client basis by the assessment officer.
(a) An employee who is the subject of a member hearing before a board of inquiry established by the Ontario Commission on Police Services because of acts done in connection with the attempted performance in good faith of his/her duties as a grievance police officer shall be indemnified for the necessary and reasonable legal costs incurred in respect of that hearing only where the Chief has referred a matter to a board of inquiry, or complaint made under the provisions OCCOPS and any successor organization, has ordered a hearing before a board of inquiry pursuant to the Police Services Act, 1990 and the officer is found not guilty of this Collective Agreement misconduct under the Act by the board of inquiry or for a panel of members thereof.
(b) An employee who is the legal defence subject of a member resulting from hearing before a discipline charge made under board of inquiry in relation to acts done in his/her capacity as a private citizen shall be entitled to indemnification where he/she is found not guilty of misconduct by the board of inquiry pursuant to the Police Services Act, 1990, Regulations made under that Act and all amendments thereto.
29.6 26:12 Where an investigation is commenced under Part VII of the Police Services Act and it appears employee has applied pursuant to 26:06, upon application to the Chief of Police that a member requires legal counsel in responding to Board by the investigationemployee, the Chief of Police Board may arrange provide an advance payment for the employee’s necessary and reasonable legal counsel to provide counsel to costs as those costs are incurred. Any consideration in this regard would be solely at the member in connection with the investigation of such terms as the Chief considers appropriate. As soon as practicable, the Chief shall bring his action and his recommendation to the attention discretion of the Board who may approve or alter the terms of retention of on such legal counsel or the Chief's recommendation conditions and in respect thereof. Neither the Board nor the Chief shall provide legal counsel after the completion of the investigation or the laying of information(s), as Article 29 of the Civilian Collective Agreement is intended to govern such matters.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- negotiation by either the Board or the Association when the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitration.
29.8 A member who becomes involved in a matter which may entitle him/her to legal indemnification under this clause is entitled to receive funds from the Board for a retainer and/or for interim payment of legal costs as reasonably requested an amount determined by the member’s counsel to a maximum of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if the member is finally determined not to be eligible for indemnification in accordance with this AgreementBoard.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
LEGAL INDEMNIFICATION. For the purposes of legal costs, it shall include those costs of an Association approved para-legal service.
(A) 24.01 Subject to the other provisions of this ArticleArticle and in accordance with the Police Services Act, a member charged with and finally acquitted of a criminal or statutory offence offence, because of acts done in the performance or attempted performance in good faith of his employment or the members duties, shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such chargescharge.
(B) Members shall not be indemnified for 24.02 Notwithstanding Clause 24.01, the Board may authorize payment necessary and reasonable legal costs arising from of a member pleading or being found guilty of an offence described in Clause 24.01, where the court, instead of convicting the accused, grants the member an absolute discharge, provided that the Board accepts the recommendation of the Chief of Police, or an officer designated by the Chief of Police to make such a recommendation, that the member's actions in the course of performing his or her duties were motivated by an intent to do lawful duty, that such actions do not constitute any of the actions or omissions described in Clause 24.03 hereof, and that such indemnification will not in the opinion of members acting the Board reduce respect for law enforcement in their capacity as private citizens. For Halton Region.
24.03 Notwithstanding clause 24.01, 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" Board may refuse payment otherwise authorized under clause
24.01 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 actions of the same incident member from which the charges arose amounted to a gross dereliction of duty or incidentsdeliberate abuse of the member's position.
29.2 When 24.04 Where a member is a defendant in a civil action for the damages because of acts done in the course attempted performance in good faith of his employment or duties he the member's duties, the member shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such an action in the following circumstances only:
(ia) where Where the Board Chief of Police is not joined in the action as a party pursuant to s. 50 of the Police Services Act, and the Board Chief of Police does not defend the action on behalf of itself the Chief and of the member as joint tortfeasors tortfeasers at the Board's sole expense;.
(iib) where Where the Board Chief of Police is joined as a party or elects to defend the action, but the Solicitor solicitor retained on behalf of the Board Chief of Police and the member is of the view that it would be improper for him the solicitor to act for both the Chief of Police and the member in that action.
24.05 A member whose conduct is called into question in the course of a proceeding or inquiry under the Coroners Act, the Public Inquiries Act, the Human Rights Code, a Royal Commission or any other proceeding before a court or tribunal of competent jurisdiction 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 representing the member's interests in any such proceeding or inquiry in the following circumstances only: [2012]
(a) Where the Chief of Police and/or the Board does not provide counsel to represent the member at the inquest at the Board's expense; OR:
(b) Where the counsel provided by the Chief of Police or the Board to represent either or both of them along with the member is of the opinion that it would be improper for the counsel to act for both the Chief of Police or the Board and the member in that action.
29.3 Where during an inquest under 24.06 A member who is a police officer who is subject to a complaint pursuant to Part V of the Coroner's Police Services Act a member's conduct is called into question because of acts done in the attempted performance in good faith of his duties, the member shall member's duties as a police officer may be indemnified for any the necessary and reasonable legal costs directly arising from the protection incurred in respect of the member's interest at such inquiry, but that hearing only if:
(i) where the Chief of Police holds a hearing into the matter pursuant to Part V of the Police Services Act or the Ontario Civilian Police Commission holds a hearing pursuant to section 87 of the Police Services Act and the officer is found not guilty of misconduct or unsatisfactory work performance under the Act. [2012]
24.07 Where a member intends to apply to the Board does for indemnification hereunder, the member shall, within thirty days of being charged or receiving notice of other legal proceedings covered herein, or receiving notice that the member will not provide counsel to represent the York Regional Police, at the Board's expense; or
(ii) in the opinion of be represented by counsel retained by the Chief of Police and/or the Board, apply in writing to the Chief of Police or to the Board Officer designated by the Chief of Police to represent deal with such applications for approval to retain counsel and approval of the York Regional counsel to be so retained. In the event of any dispute concerning the counsel to be retained, the matter shall be resolved by an officer designated by the Chief of Police and a member of the Association Executive designated for that purpose.
24.08 Where the Chief of Police, it would be improper for him pursuant to represent the Board policy, elects to provide legal counsel to defend a member and the Chief and/or the Board before that inquiry.
29.4 To qualify for financial assistance under 29.1, 29.2 or 29.3in any legal proceeding covered by this provision, the member shall obtain cost of such counsel is the Board's approval responsibility irrespective of counsel to be retained by the outcome of the proceedings and neither the member by application to nor the Board through may rely upon the Chief. The Board's approval other provisions of counsel this policy.
24.09 For greater certainty, members shall not be withheld unreasonably.indemnified for legal costs arising from:
29.5 The Board will not consider any application for financial assistance which relates to the legal representation of a member in connection with a grievance (a) grievances or complaint made complaints under the provisions of collective agreement between the Police Services Act, 1990 of this Collective Agreement Board and the Association or for the legal defence of a member resulting from a discipline charge made under the Police Services Act; and
(b) the actions or omissions of members acting in their capacity as private citizens.
24.10 For the purposes of this provision, 1990a member shall not be deemed to be "finally acquitted" if as a result of charges laid the member is subsequently found guilty or, Regulations pleads guilty to, other charges arising out of the same incident or incidents, but nothing in this clause will disentitle the member to consideration under clause 24.02 hereof.
24.11 Once agreement has been reached or an arbitrator has determined that a Member is entitled to indemnification under this Article, the "necessary and reasonable legal costs" shall be based on the account rendered by the solicitor performing the work, subject initially to the approval of the Board’s Solicitor and, in the case of dispute between the solicitor doing the work and the Board’s Solicitor, subject to assessment on a substantial indemnity basis by an Assessment Officer of the Superior Court of Justice pursuant to the Solicitor’s Act and the Rules of Civil Procedures made under that Act and all amendments thereto.the Courts of Justice Act. [2012]
29.6 Where (a) Subject to the other provisions in this Article, when an investigation is commenced under pursuant to Part VII of the Police Services Act by the Special Investigations Unit ("SIU"), and it appears to the Chief of Police that a member who is a police officer requires the assistance of legal counsel in responding to the investigationrespond to inquiries from SIU Investigators, the Chief of Police may arrange for grant the member permission to retain legal counsel to provide counsel to the member in connection with legal advice and representation at the investigation expense of the Board on such terms as the Chief considers of Police deems appropriate. .
(b) Where the Chief of Police grants a member who is a police officer permission to retain legal counsel under the circumstances set out in Article 24.12 (a), the member shall be indemnified by the Board for all necessary and reasonable legal costs incurred until the completion of the SIU investigation, or the member is charged with a criminal or statutory offence, at which time Article 24.01 of this Agreement shall apply.
(c) As soon as practicableis practical, the Chief of Police shall bring his action and his recommendation actions under this Article to the attention of the Board who may approve or alter the terms of retention of such legal counsel or the Chief's recommendation in respect thereof. Neither the Board nor the Chief shall provide legal counsel after the completion of the investigation or the laying of information(s), as Article 29 of the Civilian Collective Agreement is intended to govern such mattersfor its information.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- negotiation by either the Board or the Association when the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitration.
29.8 A member who becomes involved in a matter which may entitle him/her to legal indemnification under this clause is entitled to receive funds from the Board for a retainer and/or for interim payment of legal costs as reasonably requested by the member’s counsel to a maximum of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if the member is finally determined not to be eligible for indemnification in accordance with this Agreement.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
LEGAL INDEMNIFICATION. A. 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, “Employer” means the State of Alaska or designated representative of the State or an agency of the State. If the Employer determines that a bargaining unit member charged with and finally acquitted did not engage in conduct beyond the scope of a criminal the bargaining unit member's authority or statutory offence because of acts done which constituted willful misconduct or gross negligence in the performance or attempted performance of his employment or the bargaining unit member's duties, shall be indemnified upon request the Employer agrees to provide for the necessary and reasonable legal costs incurred defense of the bargaining unit member in any civil legal action brought against 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 bargaining unit 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 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 shall be indemnified for any necessary and reasonable legal costs directly arising from may request that the protection 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 interest at such inquiryauthority or which constituted willful misconduct or gross negligence, but only if:
(i) the Chief of Police or Employer agrees to compensate the Board does not provide counsel to represent the York Regional Police, bargaining unit member at the Boardbargaining unit member's expensenormal rate of pay including per diem without loss of any benefits or seniority to the bargaining unit member; or
(ii) in the opinion of counsel retained upon a reasonable showing by the Chief bargaining unit member of Police 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 Board bargaining unit member if the Employer has provided legal services to represent the York Regional Police, it would be improper for him bargaining unit member pursuant to represent the member and the Chief and/or the Board before that inquirythis Article.
29.4 To qualify for financial assistance 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 29.1, 29.2 or 29.3reservation, the obligation to pay a judgment against the bargaining unit member shall obtain the Board's approval of counsel to be retained is not operative until final determination is made by the Employer of the bargaining unit member's eligibility for legal services under this Article. If the Employer has undertaken the defense of a bargaining unit member by application with reservation, and if a court of competent jurisdiction deems that the bargaining unit member acted beyond the scope of the bargaining unit member's authority or with willful misconduct or gross negligence, then the Employer has no liability whatsoever to the Board through bargaining unit member or any other person as a result of such determination. In such cases as this, the Chief. The Boardjudgment, costs and fees will be borne by the bargaining unit member as in any other instance where the court determines that the bargaining unit member acted beyond the scope of the bargaining unit member's approval authority or with willful misconduct or gross negligence.
F. Consistent with past practice, decisions of counsel the Employer pursuant to this Article shall not be withheld unreasonably.
29.5 The Board will not consider any application for financial assistance which relates subject to the legal representation of a member in connection with a grievance or complaint made under the provisions of the Police Services Act, 1990 of this Collective Agreement or for the legal defence of a member resulting from a discipline charge made under the Police Services Act, 1990, Regulations made under that Act and all amendments theretogrievance-arbitration procedures.
29.6 Where an investigation is commenced under Part VII of the Police Services Act and it appears to the Chief of Police that a member requires legal counsel in responding to the investigation, the Chief of Police may arrange for legal counsel to provide counsel to the member in connection with the investigation of such terms as the Chief considers appropriate. As soon as practicable, the Chief shall bring his action and his recommendation to the attention of the Board who may approve or alter the terms of retention of such legal counsel or the Chief's recommendation in respect thereof. Neither the Board nor the Chief shall provide legal counsel after the completion of the investigation or the laying of information(s), as Article 29 of the Civilian Collective Agreement is intended to govern such matters.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- negotiation by either the Board or the Association when the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitration.
29.8 A member who becomes involved in a matter which may entitle him/her to legal indemnification under this clause is entitled to receive funds from the Board for a retainer and/or for interim payment of legal costs as reasonably requested by the member’s counsel to a maximum of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if the member is finally determined not to be eligible for indemnification in accordance with this Agreement.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
LEGAL INDEMNIFICATION. For the purposes of legal costs, it shall include those costs of an Association approved para-legal service.
(Aa) Subject to the other provisions of this Article, a member charged with and finally acquitted but not found guilty of a criminal or statutory offence offence, because of acts done in the performance or attempted performance in good faith of his employment 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.
(b) Subject to the other provisions of this Article, a member who is not charged with a criminal or dutiesstatutory offence but who has been the subject of a criminal investigation 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 that investigation unless, arising from or as a result of such investigation, the member is, after the completion of any grievance and arbitration process that may be initiated, disciplined, in which event the member shall not be eligible for indemnification hereunder.
(c) Paragraph (b) hereof also applies to members who, although not the subject of a criminal investigation, have incurred legal costs during the initial, on-site investigation by SIU. It is understood that the legal costs of one counsel for each member identified as a subject member will be indemnified and that the legal costs of one counsel collectively for all members identified as witnesses will be indemnified with respect to that SIU investigation.
27:02 Notwithstanding paragraphs 27:01(a), (b) and (c), the Board may refuse payment otherwise authorized under paragraph 27:01(a), (b) or (c) where the actions of the member from which the charges or investigation arose amounted to a gross dereliction of duty or deliberate abuse of his/her powers as a member of the Service .
27:03 When a member is a defendant in a civil action for damages because of acts done during his/her tour of duty in the attempted performance in good faith of his/her duties as a member of the Service he/she shall be indemnified for the necessary and reasonable legal costs incurred in the defence defense of such chargesan action in the following circumstances only:
(a) Where neither the Chief of Police nor the Board are/is joined in the action as a party pursuant to section 50(1) of the Police Services Act, and neither the Chief of Police nor the Board defends the action on behalf of himself/herself and of the member as joint tortfeasors at the Board's sole expense.
(Bb) Members Where the Chief of Police and/or the Board are/is joined as a party or elect(s) to defend the action, but the solicitor retained on behalf of the Chief of Police and/or the Board and the member is of the view that it would be improper for him/her to act for both the Chief of Police and/or the Board and the member in that action.
(c) Where the Board’s or the City of Toronto’s insurer denies legal representation based upon any exclusion(s) in the applicable insurance contracts.
27:04 A member whose conduct is called into question in the course of an inquiry under the Coroners Act 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 in representing his/her interests in any such inquest in the following circumstances only:
(a) Where the Chief of Police and/or the Board does not provide counsel to represent the member at the inquest at the Board's expense; or
(b) Where the counsel provided by the Chief of Police or the Board to represent either or both of them along with the member is of the opinion that it would be improper for him/her to act for both the Chief of Police or the Board and the member in that action.
(a) Where a member intends to apply to the Board for indemnification hereunder, the member shall, within thirty days of being charged or receiving notice of other legal proceedings covered herein, or receiving notice that he/she will not be represented by counsel retained by the Chief of Police and/or the Board, apply in writing to the Chief of Police or to the officer designated by the Chief of Police to deal with such applications for approval to retain counsel and approval of the counsel to be so retained. In the event of any dispute concerning the counsel to be retained, the matter shall be resolved by an officer designated by the Chief and a member of the Association Executive designated for that purpose.
(b) When a member advises his/her Unit Commander, in accordance with the Regulations of the Service, that he/she has been charged, or has received notice of other proceedings, the Unit Commander will advise the member in writing of the requirement to apply for indemnification within 30 days.
27:06 Where the Chief of Police, pursuant to Board policy, elects to provide legal counsel to defend a member in any legal proceeding covered by this provision, the cost of such counsel is the Board's responsibility irrespective of the outcome of the proceedings and neither the member nor the Board may rely upon the other provisions of this policy.
27:07 For greater certainty, members shall not be indemnified for legal costs arising from from:
(a) grievances or complaints under the Collective Agreement between the Board and the Association or under the Police Services Act;
(b) the actions or omissions of members acting in their capacity as private citizens. ;
(c) discipline charges under the Police Services Act and regulations thereunder.
27:08 For the purpose of Clause 29.1 clause 27:01, a member
(Aa) a Member: shall be deemed to have been "Finally Acquitted"not found guilty" where he/she is finally acquitted, where the charges are withdrawn or where he he/she is discharged following a preliminary inquiry; and and
(b) shall be deemed not to have been "Finally Acquittedfound guilty" where the member is given an absolute or conditional discharge or where, if as a result of charges laid he he/she 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 27:09 For the purpose of acts done this provision, "necessary and reasonable legal costs" shall be based on the account rendered by the solicitor performing the work, subject initially to the approval of the City of Toronto Solicitor and, in the course case of his employment or duties he dispute between the Solicitor doing the work and the City of Toronto Solicitor, taxation on a solicitor and client basis by the taxing officer.
27:10 For the purposes of this Article, a reference to any Act shall be indemnified for deemed to include any Act that in the future is enacted in place of the Act referred to in this Article.
27:11 For the purposes of this Article:
(a) the necessary and reasonable legal costs incurred in the defence by a member for which provision of such an action in the following circumstances only:
(i) where the Board legal indemnification 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 made 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 deemed 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 assistance under 29.1, 29.2 or 29.3, the member shall obtain the Board's approval of counsel to be retained have been incurred by the member by application to himself/herself notwithstanding that the Board through the Chief. The Board's approval of counsel shall not be withheld unreasonably.
29.5 The Board will not consider any application for member may have received financial assistance which relates to in respect thereof from the legal representation Association; and
(b) a member shall include a former member where the charges arose out of a situation that occurred while the member in connection with a grievance or complaint made under the provisions was still an active member of the Police Services Act, 1990 of this Collective Agreement or for the legal defence of a member resulting from a discipline charge made under the Police Services Act, 1990, Regulations made under that Act and all amendments theretoService.
29.6 Where an investigation is commenced under Part VII of the Police Services Act and it appears to the Chief of Police that a member requires legal counsel in responding to the investigation, the Chief of Police may arrange for legal counsel to provide counsel to the member in connection with the investigation of such terms as the Chief considers appropriate. As soon as practicable, the Chief shall bring his action and his recommendation to the attention of the Board who may approve or alter the terms of retention of such legal counsel or the Chief's recommendation in respect thereof. Neither the Board nor the Chief shall provide legal counsel after the completion of the investigation or the laying of information(s), as Article 29 of the Civilian Collective Agreement is intended to govern such matters.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- negotiation by either the Board or the Association when the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitration.
29.8 A member who becomes involved in a matter which may entitle him/her to legal indemnification under this clause is entitled to receive funds from the Board for a retainer and/or for interim payment of legal costs as reasonably requested by the member’s counsel to a maximum of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if the member is finally determined not to be eligible for indemnification in accordance with this Agreement.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
LEGAL INDEMNIFICATION. For the purposes of legal costs, it shall include those costs of an Association approved para-legal service.
(A) 20.01 Subject to the other provisions of this Article, a member charged with and finally acquitted of a criminal or statutory offence offence, because of acts done while on duty in the performance or attempted performance in good faith of his employment or duties, his/her duties as a police officer 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 20.02 Notwithstanding Clause 20.01, the Board may refuse payment otherwise authorized under Clause 20.01 where the actions of the officer from which the charges arose amounted to a dereliction of duty or omissions abuse 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 his/her powers 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 incidentspolice officer.
29.2 When 20.03 Where a member is a defendant in a civil action for damages because of acts done in the course attempted performance in good faith of his employment or his/her duties he as a police officer, 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 Board is not joined in the action as a party pursuant to s. section 50 (1) of the Police Services ActAct 1990, and the Board does not defend the action on behalf of itself the Board and of the member as joint tortfeasors at the Board's sole expense;.
(iia) where Where a member is the Board is joined subject of a hearing before a board of inquiry established under Part VI of the Police Services Act, 1990, as a party or elects result of a decision by the Police Complaints Commission pursuant to defend the action, but the Solicitor retained on behalf s.91 of the Board Act and the member is decision of the view board of inquiry is that it would be improper for him to act for both the Board and misconduct was not proved, the member in that actionshall be indemnified for any necessary and reasonable legal costs arising directly from the defence of the complaint being heard. This provision does not apply to a hearing pursuant to sections 90 or 92 of the Act, or to a decision which subsequently is altered or reversed by the Ontario Court.
29.3 b) Where during an inquest under the Coroner's Coroners Act a member's conduct is called into question because of acts done in the attempted performance of his dutieshis/her duties as a police officer, 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 PoliceService, 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 PoliceForce, 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 assistance under 29.1, 29.2 c) This section applies only to hearings or 29.3, inquests concerning acts done in the member shall obtain the Board's approval of counsel to be retained by the member by application to the Board through the Chief. The Board's approval of counsel shall not be withheld unreasonably.
29.5 The Board will not consider any application for financial assistance which relates to the legal representation of a member performance in connection with a grievance or complaint made under the provisions good faith of the Police Services Act, 1990 of this Collective Agreement or for the legal defence of member's duties as a member resulting from a discipline charge made under the Police Services Act, 1990, Regulations made under that Act and all amendments theretopolice officer.
29.6 Where an investigation is commenced under Part VII of the Police Services Act and it appears to the Chief of Police that a member requires legal counsel in responding to the investigation, the Chief of Police may arrange for legal counsel to provide counsel to the member in connection with the investigation of such terms as the Chief considers appropriate. As soon as practicable, the Chief shall bring his action and his recommendation to the attention of the Board who may approve or alter the terms of retention of such legal counsel or the Chief's recommendation in respect thereof. Neither the Board nor the Chief shall provide legal counsel after the completion of the investigation or the laying of information(s), as Article 29 of the Civilian Collective Agreement is intended to govern such matters.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- negotiation by either the Board or the Association when the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitration.
29.8 A member who becomes involved in a matter which may entitle him/her to legal indemnification under this clause is entitled to receive funds from the Board for a retainer and/or for interim payment of legal costs as reasonably requested by the member’s counsel to a maximum of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if the member is finally determined not to be eligible for indemnification in accordance with this Agreement.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
LEGAL INDEMNIFICATION. For the purposes of legal costs, it shall include those costs of an Association approved para-legal service.
(A) 28:01 Subject to the other provisions of this Article, a member an employee charged with and finally acquitted of a criminal or statutory offence offence, because of acts done in the performance or attempted performance in good faith of his employment or duties, his/her duties as an employee shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such charges. See Letter of Understanding on page 75 regarding suspensions with pay.
(B) Members shall not be indemnified for 28:02 Notwithstanding Clause 28:01, the Board may authorize payment of necessary and reasonable legal costs arising from of an employee pleading or being found guilty of an offence described in Clause 28:01, where the court, instead of convicting the accused, grants him/her an absolute discharge, provided that the Board accepts the recommendation of the Chief of Police, or an officer designated by him/her to make such a recommendation, that the employee’s actions in the course of performing his/her duties were motivated by an intent to do his/her lawful duty, that such actions do not constitute any of the actions or omissions described in Clause 28:03 hereof, and that such indemnification will not in the opinion of members acting in their capacity as private citizens. For the purpose Board reduce respect for law enforcement to the City of Ottawa.
28:03 Notwithstanding Clause 29.1 (A) a Member: shall be deemed to have been "Finally Acquitted"28:01, where charges are withdrawn or where he is discharged following a preliminary inquiry; and shall be deemed not to have been "Finally Acquitted" the Board may refuse payment otherwise authorized under Clause 28:01 where the member is given an absolute actions of the employee from which the charges arose amounted to a gross dereliction of duty or conditional discharge or where, if deliberate abuse of his/her powers 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 incidentsemployee.
29.2 When a member 28:04 Where an employee is a defendant in a civil action for damages because of acts done in the course attempted performance in good faith of his employment or his/her duties he as an employee, 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:
(ia) where Where the Board Chief of Police is not joined in the action as a party pursuant to s. 50 of as set out in the Police Services Act, and the Board Chief of Police does not defend the action on behalf of itself himself/herself and of the member employee as joint tortfeasors tortfeasers at the Board's ’s sole expense;
(iib) where Where the Board Chief of Police is joined as a party or elects to defend the action, but the Solicitor solicitor retained on behalf of the Board Chief of Police and the member employee is of the view that it would be improper for him him/her to act for both the Board Chief of Police and the member employee in that action.
29.3 Where during an inquest under the Coroner's Act a member's 28:05 An employee whose conduct is called into question in the course of an inquiry under the Coroner’s Act because of acts done in the attempted performance in good faith of his duties, the member his/her duties as an employee shall be indemnified for any the necessary and reasonable legal costs directly arising from incurred in representing his/her interests in any such inquest in the protection of the member's interest at such inquiry, but only iffollowing circumstances only:
(ia) Where the Chief of Police or and/or the Board does not provide counsel to represent the York Regional Police, employee at the inquest at the Board's ’s expense; or,
(iib) in Where the opinion of counsel retained provided by the Chief of Police or the Board to represent either or both of them along with the York Regional Police, employee is of the opinion that it would be improper for him him/her to represent act for both the member Chief of Police or the Board and the Chief and/or employee in that action.
28:06 Where an employee intends to apply to the Board before that inquiry.
29.4 To qualify for financial assistance under 29.1, 29.2 or 29.3indemnification hereunder, the member shall obtain the Board's approval employee shall, within thirty (30) days of being charged or receiving notice of other legal proceedings covered herein, or receiving notice that he/she will not be represented by counsel to be retained by the member by application to Chief of Police and/or the Board through the Chief. The Board's approval of counsel shall not be withheld unreasonably.
29.5 The Board will not consider any application for financial assistance which relates to the legal representation of a member , apply in connection with a grievance or complaint made under the provisions of the Police Services Act, 1990 of this Collective Agreement or for the legal defence of a member resulting from a discipline charge made under the Police Services Act, 1990, Regulations made under that Act and all amendments thereto.
29.6 Where an investigation is commenced under Part VII of the Police Services Act and it appears writing to the Chief of Police that a member requires legal counsel in responding or to the investigation, officer designated by the Chief of Police may arrange to deal with such applications for approval to retain counsel and approval of the counsel to be so retained. In the event of any dispute concerning the counsel to be retained, the matter shall be resolved by an officer designated by the Chief and an employee of the Association Executive designated for that purpose.
28:07 Where the Chief of Police, pursuant to Board policy, elects to provide legal counsel to provide counsel to defend an employee in any legal proceeding covered by this provision, the member in connection with the investigation cost of such terms as counsel is the Chief considers appropriate. As soon as practicable, the Chief shall bring his action and his recommendation to the attention Board’s responsibility irrespective of the Board who may approve or alter outcome of the terms of retention of such legal counsel or proceedings and neither the Chief's recommendation in respect thereof. Neither employee nor the Board nor may rely upon the Chief shall provide legal counsel after the completion of the investigation or the laying of information(s), as Article 29 of the Civilian Collective Agreement is intended to govern such matters.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- negotiation by either the Board or the Association when the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms other provisions of this Article to arbitrationpolicy.
29.8 A member who becomes involved in a matter which may entitle him/her to legal indemnification under this clause is entitled to receive funds from the Board for a retainer and/or for interim payment of legal costs as reasonably requested by the member’s counsel to a maximum of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if the member is finally determined not to be eligible for indemnification in accordance with this Agreement.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
LEGAL INDEMNIFICATION. For the purposes of legal costs, it shall include those costs of an Association approved para-legal service.
35.01 (Aa) Subject to the other provisions of this Article, a member an employee charged with and finally acquitted of a criminal or statutory offence offence, because of acts done in the performance or attempted performance in good faith of his employment or duties, their duties as an employee shall be indemnified for the necessary and reasonable legal costs incurred in the defence defense of such charges.
(Bb) Members shall not be indemnified for legal costs arising from Notwithstanding clause (a), the Employer may refuse payment otherwise authorized under clause (a) where 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 employee from which the charges arose amounted to a gross dereliction of duty or incidentsdeliberate abuse of their powers as an employee.
29.2 When a member (c) Where an employee is a defendant in a civil action for damages because of acts done in the course attempted performance in good faith of his employment or their duties he as an employee, they shall be indemnified for the necessary and reasonable legal costs incurred in the defence defense of such an action in the following circumstances only:
(i1) where Where the Board Employer is not joined in the action as a party pursuant to s. 50 of the Police Services Act, and the Board Employer does not defend the action on behalf of itself it and the member employee as joint tortfeasors at the Board's Employer’s sole expense;.
(ii2) where Where the Board Employer is joined as a party or elects to defend the action, but the Solicitor solicitor retained on behalf of the Board Employer and the member employee is of the view that it would be improper for him them to act for both the Board Employer and the member employee in that action.
29.3 Where during an inquest under the Coroner's Act a member's (d) An employee whose conduct is called into question in the course of an inquiry under the Coroner’s Act because of acts done in the attempted performance in good faith of his duties, the member their duties as an employee shall be indemnified for any the necessary and reasonable legal costs directly arising from incurred in representing his interest in any such inquest in the protection of the member's interest at such inquiry, but only iffollowing circumstances only:
(i1) Where the Chief of Police or the Board Employer does not provide counsel to represent the York Regional Police, employee at the Board's inquest at the Employer’s expense; or
(ii2) in Where the counsel provided by the Employer to represent either or both of them along with the employee is of the opinion of counsel retained by the Chief of Police or the Board to represent the York Regional Police, that it would be improper for him them to represent act for both the member Employer and the Chief and/or the Board before employee in that inquiryaction.
29.4 To qualify (e) Where an employee intends to apply to the Employer for financial assistance under 29.1, 29.2 or 29.3indemnification hereunder, the member shall obtain employee shall, with ten (10) days of being charged or receiving notice of other legal proceedings covered herein, or receiving notice that they will not be represented by counsel retained by the Board's Employer, apply in writing to the Employer or to the officer designated by the Employer to deal with such applications for approval to retain counsel and approval of the counsel to be retained so retained.
(f) Where the Employer elects to provide legal counsel to defend an employee in any legal proceeding covered by this provision, the member by application to cost of such counsel is the Board through Employer’s responsibility irrespective of the Chief. The Board's approval outcome of counsel the proceedings.
(g) For greater certainty, employees shall not be withheld unreasonablyindemnified for legal costs arising from:
(1) grievances or complaints under this Collective Agreement;
(2) the actions or omissions of employees acting in their capacity asprivate citizens;
(3) discipline proceedings by the Employer.
29.5 The Board will (h) For the purposes of this provision, an employee shall not consider any application for financial assistance which relates be deemed to be “finally acquitted” if, as the result of charges laid, he is subsequently found guilty of, or pleads guilty to, other charges out of the same incident or incidents.
(i) For the purposes of this provision, “necessary reasonable legal costs” shall be based on the account rendered by the solicitor performing the work, subject initially to the legal representation of a member in connection with a grievance or complaint made under the provisions approval of the Police Services ActEmployer’s solicitor, 1990 and, in the case of this Collective Agreement or for dispute between the legal defence of solicitor doing the work and the Employer’s solicitor, taxation on a member resulting from solicitor and client basis by a discipline charge made under the Police Services Act, 1990, Regulations made under that Act and all amendments theretoTaxing Officer.
29.6 Where an investigation is commenced under Part VII of the Police Services Act and it appears to the Chief of Police that a member requires legal counsel in responding to the investigation, the Chief of Police may arrange for legal counsel to provide counsel to the member in connection with the investigation of such terms as the Chief considers appropriate. As soon as practicable, the Chief shall bring his action and his recommendation to the attention of the Board who may approve or alter the terms of retention of such legal counsel or the Chief's recommendation in respect thereof. Neither the Board nor the Chief shall provide legal counsel after the completion of the investigation or the laying of information(s), as Article 29 of the Civilian Collective Agreement is intended to govern such matters.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- negotiation by either the Board or the Association when the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitration.
29.8 A member who becomes involved in a matter which may entitle him/her to legal indemnification under this clause is entitled to receive funds from the Board for a retainer and/or for interim payment of legal costs as reasonably requested by the member’s counsel to a maximum of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if the member is finally determined not to be eligible for indemnification in accordance with this Agreement.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
LEGAL INDEMNIFICATION. For the purposes of legal costs, it shall include those costs of an Association approved para-legal service.
(A) 34.1 Subject to the other provisions of this Article, a member charged with and finally acquitted of a criminal or statutory offence offence, because of acts done while on duty in the performance or attempted performance in good faith of his employment or duties, his/her duties as a Civilian member 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, 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 para-legal is performing the work.
(B) Members shall not be indemnified for legal costs arising from 34.2 Notwithstanding clause 34.1, the Board may refuse payment otherwise authorized under clause 34.1 where the actions of the Civilian member from which the charges arose mounted to a dereliction of duty or omissions abuse 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 his/her powers as a result of charges laid he is subsequently found guilty of, or pleads guilty to, other charges arising out Civilian member of the same incident or incidentsService.
29.2 When 34.3 Where a member is a defendant in a civil action for damages because of acts done in the course attempted performance in good faith of his employment his/her duties as a member of the Service, and the action is not defended by the insurance carrier of the Regional Municipality of Niagara or duties he 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 34.3.1 Where the Board Chief of Police is not joined in the action as a party pursuant to s. Section 50 of the The Police Services Act, and or the Board Chief of Police does not defend the action on behalf of itself himself/herself and of the member as joint tortfeasors tort-feasors at the Board's sole expense;
(ii) where 34.3.2 Where the Board Chief of Police is joined as a party or and the Board elects to defend the action, but the Solicitor solicitor retained on behalf of the Board and the member is of the view that it would be improper for him him/her to act for both the Board 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.
29.3 Where during 34.3.3 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.
34.4 A member of the Service who is requested or subpoenaed to appear before an inquest inquiry initiated under the Coroner's Act a member's 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 Inquiries Act or a Royal Commission, because of acts done in the attempted performance in good faith of his dutiesa member's duties as a Civilian member of the Service, shall be indemnified by the Niagara Police Board for the necessary and reasonable legal costs incurred in representing his/her interests in such an inquiry on the following conditions:
34.4.1 Where one or more than one member of the Service is subpoenaed to appear, other than the Chief of Police, in such a case there shall be only one counsel representing the members of the Service, excluding the Chief of Police, and;
34.4.2 Where the counsel representing the members of the Service, excluding the Chief of Police, is of the opinion that it would be improper for him/her to act for both the member and the other members of the Service, he/she shall notify the Board forthwith of such concerns. The Board shall decide if additional counsel shall be retained with respect to the indemnifications provisions of this Article, and;
34.4.3 If the Board has retained counsel in such proceedings, the Board’s solicitor will provide advice to, and represent, any member or members who are requested to appear, or who are subpoenaed, or whose conduct is called into question for the reasons set out in 34.4 unless the Board’s solicitor determines that a conflict of interest exists. If such conflict exists, then the provisions of 34.5.1 and 34.5.2 apply. The Board shall decide, based on the advice of its solicitor, if additional counsel shall be retained with respect to the indemnification provisions of this article.
34.4.4 A member or members of the Service shall not be indemnified unless they are found not guilty of misconduct in the proceeding for which legal indemnification is sought.
34.4.5 A member or members of the Service shall not be indemnified for such legal costs if such indemnification, in the opinion of the Board, would reduce respect for law enforcement in the Regional Municipality of Niagara.
34.5 In the event that a member intends to apply to the Board for indemnification pursuant to the provisions of this Article, the following shall apply:
34.5.1 The member shall, within thirty (30) days of being charged or of receiving notice of other legal proceedings provided for in this article, apply in writing to the Chief of Police or his designee for approval to retain counsel or a paralegal and for the approval of the counsel or paralegal to be so retained.
34.5.2 In the event of any dispute concerning the counsel or paralegal to be retained, the matter shall be resolved by an officer designated by the Chief of Police and a member of the Association Executive designated for that purpose.
34.5.3 The application of the member for indemnification shall include:
i. a fee schedule provided by the lawyer or paralegal setting out his or her hourly rate, and confirming that the fees will be charged at the lesser of the lawyer or paralegal’s normal hourly rate, or $260.00 for a lawyer, increasing to $275.00 per hour effective August 8, 2013 or $90.00 for a paralegal;
ii. an estimate, where practicable, of the total charges that will be incurred in the matter, and
iii. the lawyer or xxxxxxxxx's undertaking to submit monthly statements to the Board showing the time spent and the charges incurred on the file during the month. If the application is approved, the Board reserves the right to refuse payment of the lawyer or paralegal’s account if the counsel or paralegal fails to submit monthly statements in accordance with subparagraph (iii) above, provided that it has given 30 days written notice of its intention to do so to the lawyer or paralegal, with a copy to the Association, and the lawyer or paralegal has not remedied the situation prior to the expiry of the 30 days.
34.5.4 The Board has the right to negotiate fees with the lawyer or paralegal to be retained, and the affected member has the right to be present during the fee negotiations.
34.5.5 There shall be a cap on the legal fees of $260.00 per hour, increasing to $275.00 per hour effective August 8, 2013. In addition, a lawyer may charge for travel time at the rate of $130.00 per hour to a maximum of four (4) hours per day.
34.6 For greater certainty, members shall not be indemnified for legal costs arising from:
34.6.1 Grievances or complaints under the Collective Agreement between the Board and the Association or under The Police Services Act;
34.6.2 The actions or omissions of members acting in their capacity as private citizens;
34.7 For the purpose of this provision, a member shall not be deemed to be "finally acquitted" if, as a result of charges laid, he/she is subsequently found guilty of, or pleads guilty to other charges arising out of the same incident or incidents.
34.8 For the purpose of this provision, "necessary and reasonable legal costs" shall be based on the account rendered by the solicitor or paralegal performing the work, subject to taxation by an assessment officer of the Supreme Court of Ontario. If the General Counsel for the Association attends at a S.I.U. call outside normal business hours in circumstances where outside counsel is unavailable or there is a conflict that requires more than one counsel, the Association will be reimbursed at the rate of $150.00 per hour.
34.9 In the case of aggravated assault, assault causing bodily harm or the included offence of ordinary assault, the indemnification referred to in clause 34.1 shall be limited to only those fees that would have reasonably been incurred if the matter was tried in Provincial Court unless the member first obtains permission to elect to be tried by any other court. To obtain the said approval of the Board, the member shall make an application in writing to the Chief of Police and the decision shall be at the discretion of the Niagara Regional Police Services Board.
34.10 Subject to other provisions of this Article, a member who is the Subject Officer in a Special Investigations Unit (S.I.U.) investigation may make application for legal indemnification subject to and upon the receipt of a final determination or recommendation by S.I.U. that criminal charges or other punitive actions will not be initiated or pursued.
34.11 A member who is required as a witness by the Special Investigations Unit (S.I.U.) in the course of an investigation into the conduct of another member shall be indemnified for any the necessary legal costs incurred by the member as a witness.
34.12 A member or members of the Service will be indemnified for the necessary and reasonable legal costs directly associated costs, including but not limited to, hotel, meals and airfare, which result from any criminal, statutory or civil matters arising from the protection out of the member's interest at such inquiry, but only if:
(i) deployment outside of the Chief of Region and/or to another Police Service 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 agency if the member and the Chief and/or the Board before that inquiry.
29.4 To qualify for financial assistance under 29.1, 29.2 or 29.3, the member shall obtain the Board's approval of counsel to be retained by the member by application to the Board through the Chief. The Board's approval of counsel shall not be withheld unreasonably.
29.5 The Board will not consider any application for financial assistance which relates to the legal representation of a member in connection with a grievance or complaint made under the provisions of the Police Services Act, 1990 of this Collective Agreement or for the legal defence of a member resulting from a discipline charge made under the Police Services Act, 1990, Regulations made under that Act and all amendments thereto.
29.6 Where an investigation is commenced under Part VII of the Police Services Act and it appears to the Chief of Police that a member requires legal counsel in responding to the investigation, the Chief of Police may arrange for legal counsel to provide counsel to the member in connection with the investigation of such terms as the Chief considers appropriate. As soon as practicable, the Chief shall bring his action and his recommendation to the attention of the Board who may approve or alter the terms of retention of such legal counsel or the Chief's recommendation in respect thereof. Neither the Board nor the Chief shall provide legal counsel after the completion of the investigation or the laying of information(s), as Article 29 of the Civilian Collective Agreement is intended to govern such matters.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- negotiation by either the Board or the Association when the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitration.
29.8 A member who becomes involved in a matter which may entitle him/her entitled to legal indemnification under this clause is entitled Agreement in relation to receive funds from the Board for a retainer and/or for interim payment of legal costs as reasonably requested by the member’s counsel to a maximum of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if the member is finally determined not to be eligible for indemnification in accordance with this Agreementsame matters.
Appears in 2 contracts
Samples: Civilian Collective Agreement, Collective Agreement
LEGAL INDEMNIFICATION. For the purposes of legal costs, it shall include those costs of an Association approved para-legal service.
(A) 34.1 Subject to the other provisions of this Article, a member charged with and finally acquitted of a criminal or statutory offence offence, because of acts done while on duty in the performance or attempted performance in good faith of his employment or duties, his/her duties as a Civilian member 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 in respect of a lawyer performing the work, or $90.00 per hour in the event that a para-legal is performing the work.
(B) Members shall not be indemnified for legal costs arising from 34.2 Notwithstanding clause 34.1, the Board may refuse payment otherwise authorized under clause 34.1 where the actions of the Civilian member from which the charges arose mounted to a dereliction of duty or omissions abuse 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 his/her powers as a result of charges laid he is subsequently found guilty of, or pleads guilty to, other charges arising out Civilian member of the same incident or incidentsService.
29.2 When 34.3 Where a member is a defendant in a civil action for damages because of acts done in the course attempted performance in good faith of his employment his/her duties as a member of the Service, and the action is not defended by the insurance carrier of the Regional Municipality of Niagara or duties he 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 34.3.1 Where the Board Chief of Police is not joined in the action as a party pursuant to s. Section 50 of the The Police Services Act, and or the Board Chief of Police does not defend the action on behalf of itself himself/herself and of the member as joint tortfeasors tort-feasors at the Board's sole expense;
(ii) where 34.3.2 Where the Board Chief of Police is joined as a party or and the Board elects to defend the action, but the Solicitor solicitor retained on behalf of the Board and the member is of the view that it would be improper for him him/her to act for both the Board 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.
29.3 Where during 34.3.3 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.
34.4 A member of the Service who is requested or subpoenaed to appear before an inquest inquiry initiated under the Coroner's Act a member's 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 Inquiries Act or a Royal Commission, because of acts done in the attempted performance in good faith of his dutiesa member's duties as a Civilian member of the Service, the member shall be indemnified by the Niagara Police Board for any the necessary and reasonable legal costs directly arising from incurred in representing his/her interests in such an inquiry on the protection following conditions:
34.4.1 Where one or more than one member of the member's Service is subpoenaed to appear, other than the Chief of Police, in such a case there shall be only one counsel representing the members of the Service, excluding the Chief of Police, and;
34.4.2 Where the counsel representing the members of the Service, excluding the Chief of Police, is of the opinion that it would be improper for him/her to act for both the member and the other members of the Service, he/she shall notify the Board forthwith of such concerns. The Board shall decide if additional counsel shall be retained with respect to the indemnifications provisions of this Article, and;
34.4.3 If the Board has retained counsel in such proceedings, the Board’s solicitor will provide advice to, and represent, any member or members who are requested to appear, or who are subpoenaed, or whose conduct is called into question for the reasons set out in 34.4 unless the Board’s solicitor determines that a conflict of interest at exists. If such inquiryconflict exists, but only ifthen the provisions of 34.5.1 and 34.5.2 apply. The Board shall decide, based on the advice of its solicitor, if additional counsel shall be retained with respect to the indemnification provisions of this article.
34.4.4 A member or members of the Service shall not be indemnified unless they are found not guilty of misconduct in the proceeding for which legal indemnification is sought.
34.4.5 A member or members of the Service shall not be indemnified for such legal costs if such indemnification, in the opinion of the Board, would reduce respect for law enforcement in the Regional Municipality of Niagara.
34.5 In the event that a member intends to apply to the Board for indemnification pursuant to the provisions of this Article, the following shall apply:
34.5.1 The member shall, within thirty (i30) days of being charged or of receiving notice of other legal proceedings provided for in this article, apply in writing to the Chief of Police or his designee for approval to retain counsel or a paralegal and for the Board does not provide approval of the counsel or paralegal to represent be so retained.
34.5.2 In the York Regional Policeevent of any dispute concerning the counsel or paralegal to be retained, at the Board's expense; or
(ii) in the opinion of counsel retained matter shall be resolved by an officer designated by the Chief of Police and a member of the Association Executive designated for that purpose.
34.5.3 The application of the member for indemnification shall include:
i. a fee schedule provided by the lawyer or paralegal setting out his or her hourly rate, and confirming that the fees will be charged at the lesser of the lawyer or paralegal’s normal hourly rate, or $260.00 for a lawyer or $90.00 for a paralegal;
ii. an estimate, where practicable, of the total charges that will be incurred in the matter, and
iii. the lawyer or xxxxxxxxx's undertaking to submit monthly statements to the Board showing the time spent and the charges incurred on the file during the month. If the application is approved, the Board reserves the right to refuse payment of the lawyer or paralegal’s account if the counsel or paralegal fails to submit monthly statements in accordance with subparagraph (iii) above, provided that it has given 30 days written notice of its intention to do so to the lawyer or paralegal, with a copy to the Association, and the lawyer or paralegal has not remedied the situation prior to the expiry of the 30 days.
34.5.4 The Board has the right to negotiate fees with the lawyer or paralegal to be retained, and the affected member has the right to be present during the fee negotiations.
34.5.5 There shall be a cap on the legal fees of $260.00 per hour. In addition, a lawyer may charge for travel time at the rate of $130.00 per hour to a maximum of four (4) hours per day.
34.6 For greater certainty, members shall not be indemnified for legal costs arising from:
34.6.1 Grievances or complaints under the Collective Agreement between the Board and the Association or under The Police Services Act;
34.6.2 The actions or omissions of members acting in their capacity as private citizens;
34.7 For the purpose of this provision, a member shall not be deemed to be "finally acquitted" if, as a result of charges laid, he/she is subsequently found guilty of, or pleads guilty to other charges arising out of the same incident or incidents.
34.8 For the purpose of this provision, "necessary and reasonable legal costs" shall be based on the account rendered by the solicitor or paralegal performing the work, subject to taxation by an assessment officer of the Supreme Court of Ontario. If the General Counsel for the Association attends at a S.I.U. call outside normal business hours in circumstances where outside counsel is unavailable or there is a conflict that requires more than one counsel, the Association will be reimbursed at the rate of $150.00 per hour.
34.9 In the case of aggravated assault, assault causing bodily harm or the Board included offence of ordinary assault, the indemnification referred to represent in clause 34.1 shall be limited to only those fees that would have reasonably been incurred if the York Regional Police, it would be improper for him to represent matter was tried in Provincial Court unless the member and first obtains permission to elect to be tried by any other court. To obtain the Chief and/or said approval of the Board before that inquiry.
29.4 To qualify for financial assistance under 29.1, 29.2 or 29.3Board, the member shall obtain the Board's approval of counsel to be retained by the member by make an application to the Board through the Chief. The Board's approval of counsel shall not be withheld unreasonably.
29.5 The Board will not consider any application for financial assistance which relates to the legal representation of a member in connection with a grievance or complaint made under the provisions of the Police Services Act, 1990 of this Collective Agreement or for the legal defence of a member resulting from a discipline charge made under the Police Services Act, 1990, Regulations made under that Act and all amendments thereto.
29.6 Where an investigation is commenced under Part VII of the Police Services Act and it appears writing to the Chief of Police that and the decision shall be at the discretion of the Niagara Regional Police Services Board.
34.10 Subject to other provisions of this Article, a member requires legal counsel who is the Subject Officer in responding to the investigation, the Chief of Police a Special Investigations Unit (S.I.U.) investigation may arrange make application for legal counsel indemnification subject to provide counsel to and upon the member in connection with the investigation receipt of such terms as the Chief considers appropriate. As soon as practicable, the Chief shall bring his action and his a final determination or recommendation to the attention of the Board who may approve by S.I.U. that criminal charges or alter the terms of retention of such legal counsel other punitive actions will not be initiated or the Chief's recommendation in respect thereof. Neither the Board nor the Chief shall provide legal counsel after the completion of the investigation or the laying of information(s), as Article 29 of the Civilian Collective Agreement is intended to govern such matterspursued.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- negotiation by either the Board or the Association when the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitration.
29.8 34.11 A member who becomes involved is required as a witness by the Special Investigations Unit (S.I.U.) in the course of an investigation into the conduct of any member of this Police Service may make application for legal indemnification in respect of legal fees to be incurred by the member as a matter witness, and the payment of the legal indemnification shall be subject to the discretion of the Chief.
34.12 A member or members of the Service will be indemnified for the necessary and reasonable associated costs, including but not limited to, hotel, meals and airfare, which may entitle him/her result from any criminal, statutory or civil matters arising out of the member's deployment outside of the Region and/or to another Police Service or agency if the member is entitled to legal indemnification under this clause is entitled Agreement in relation to receive funds from the Board for a retainer and/or for interim payment of legal costs as reasonably requested by the member’s counsel to a maximum of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if the member is finally determined not to be eligible for indemnification in accordance with this Agreementsame matters.
Appears in 1 contract
Samples: Collective Agreement
LEGAL INDEMNIFICATION. For the purposes of legal costs, it shall include those costs of an Association approved para-legal service.
(Aa) Subject to the other provisions of this Article, a member charged with and finally acquitted but not found guilty of a criminal or statutory offence offence, because of acts done in the performance or attempted performance in good faith of his employment or dutieshis/her duties as a police officer, 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.
(Bb) Members Subject to the other provisions of this article, a member who is not charged with a criminal or statutory offence but who has been the subject of a criminal investigation because of acts done in the attempted performance in good faith of his/her duties as a police officer shall not be indemnified for the necessary and reasonable legal costs incurred by the member during that investigation unless, 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 such investigation, the member becomes the subject of a hearing under the Police Services Act and his or her conduct is subsequently found guilty ofto constitute misconduct or unsatisfactory work performance, in which event the member shall not be eligible for indemnification hereunder.
(c) Paragraph (b) hereof also applies to officers who, although not the subject of a criminal investigation, have incurred legal costs for any interview during the course of an investigation by SIU. It is understood that the legal costs of one counsel for each officer identified as a subject officer will be indemnified. For witness officers, the legal costs of one counsel shall be indemnified. Furthermore, if there are:
(i) more than eight witness officers, or
(ii) interviews are being conducted concurrently at multiple locations the legal costs of up to two additional counsel shall be indemnified.
20.02 Notwithstanding Articles 20.01 (a), (b) and (c), the Board may refuse payment otherwise authorized under Articles 20.01 (a), (b) or pleads guilty to, other charges arising out (c) where the actions of the same incident member from which the charges or incidentsinvestigation arose amounted to a gross dereliction of duty or deliberate abuse of his/her powers as a police officer.
29.2 When 20.03 Where a member is a defendant in a civil action for damages or a respondent in a complaint made to the HRTO, because of acts done in the course attempted performance in good faith of his employment or his/her duties he as a police officer, 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:
(ia) where Where neither the Chief of Police nor the Board is not joined in the action as a party pursuant to s. 50 50(1) of the Police Services Act, and neither the Chief of Police or the Board does not defend defends the action on behalf of itself himself/herself and of the member as joint tortfeasors at the Board's sole expense;.
(iib) where Where the Chief of Police and/or the Board is are joined as a party or elects elect(s) to defend the action, but the Solicitor solicitor retained on behalf of the Chief of Police and/or the Board and the member is of the view that it would be improper for him him/her to act for both the Chief of Police and/or the Board and the member in that action.
29.3 (c) Where during an inquest under the Coroner's Act a member's Board’s or the City of Toronto’s insurer denies legal representation based upon any exclusion(s) in the applicable insurance contracts.
20.04 A member whose conduct is called into question in the course of an inquiry under the Coroners Act or as an alleged offender in a hearing before the Criminal Injuries Compensation Board because of acts done in the attempted performance in good faith of his dutieshis/her duties as a police officer, the member shall be indemnified for any the necessary and reasonable legal costs directly arising from incurred in representing his/her interests in any such inquest or hearing in the protection of the member's interest at such inquiry, but only iffollowing circumstances only:
(ia) Where the Chief of Police or and/or the Board does not provide counsel to represent the York Regional Police, member at the inquest or hearing at the Board's expense; or
(iib) in Where the opinion of counsel retained provided by the Chief of Police or the Board to represent either or both of them along with the York Regional Police, member is of the opinion that it would be improper for him him/her to act for both the Chief of Police or the Board and the member in that action.
(a) Where a complaint made by a member of the public against a member results because of the member’s conduct as a police officer in the member’s exoneration, but has then been referred to the Ontario Civilian Commission on Police Services (“OCCPS”), or the Ontario Civilian Police Commission (“OCPC”) or to the Office of the Independent Police Review Director (“OIPRD”) under the Police Services Act for review, the member shall be indemnified for his/her necessary and reasonable legal costs incurred in respect of the review by OCCPS/OCPC/OIPRD (and/or such other service other than the Toronto Police Service to which OCCPS/OCPC/OIPRD may assign the review or investigation of the complaint) (the “review”) and, if the matter does proceed to a hearing, incurred in respect of the review and the hearing (whether the hearing is conducted by the Toronto Police Service or any other police service) provided the complaint is in respect of acts done in the attempted performance in good faith of the member’s duties as a police officer and, in the case of a review and hearing, provided the officer is not found guilty of misconduct or unsatisfactory work performance.
(b) Where a complaint is made against a member by the public and the office of the Office of the Independent Police Review Director (“OIPRD”) retains the complaint for investigation or refers the complaint to a service other than the TPS for investigation, the member shall be indemnified for his/her necessary and reasonable legal costs incurred in respect of any hearing provided the complaint is in respect of acts done in the attempted performance in good faith of the member’s duties as a police officer and provided the officer is not found guilty of misconduct or unsatisfactory work performance.
(c) A member who is the subject of a review, or of a review and a hearing under Article 20.05 (a) or (b), in relation to acts done in his/her capacity as a private citizen shall be entitled to indemnification, in the case of a review, where the matter does not proceed to a hearing and, in the case of a review and a hearing, where he/she is not found guilty of misconduct or unsatisfactory work performance.
(d) A member’s necessary and reasonable legal costs incurred in respect of a hearing under Article 20.05 (a), (b), or (c) above, include legal costs incurred in respect of all related appeals provided the member is ultimately not found guilty of misconduct or unsatisfactory work performance.
(a) Where a member intends to apply to the Board for indemnification hereunder, the member shall, within 30 days of being charged or receiving notice of other legal proceedings covered herein, or receiving notice that he/she will not be represented by counsel retained by the Chief of Police and/or the Board, apply in writing to the Chief of Police or to the officer designated by the Chief of Police to deal with such applications for approval to retain counsel and approval of the counsel to be so retained. In the event of any dispute concerning the counsel to be retained, the matter shall be resolved by an officer designated by the Chief and a member of the Organization Executive designated for that purpose.
(b) When a member advises his/her Unit Commander/Manager/Next Level Supervisor, in accordance with the Regulations of the Service, that he/she has been charged, or has received notice of other proceedings, the Unit Commander/Manager/Next Level Supervisor will advise the member in writing of the requirement to apply for indemnification within 30 days.
20.07 Where the Chief of Police, pursuant to Board policy, elects to provide legal counsel to defend a member in any legal proceeding covered by this provision, the cost of such counsel is the Board's responsibility irrespective of the outcome of the proceedings and neither the member nor the Board may rely upon the other provisions of this policy.
20.08 The Board shall provide legal counsel to represent the member and the Chief and/or the Board before that inquiry.
29.4 To qualify for financial assistance under 29.1in respect of any attempt during a legal proceeding, 29.2 or 29.3, where the member shall is a witness because of actions of the member in the attempted performance in good faith of the member’s duties with the Toronto Police Service, to obtain access to the Board's approval personnel or other records of counsel to be retained the member maintained on a confidential and restricted basis by the Toronto Police Service provided that adequate notice of the attempted access is given by the member in accordance with Service procedures and provided that the person designated by application the Chief to appoint or designate such legal counsel is satisfied that, unless legal representation is provided, access to such personnel record may be ordered by the Board through the Chief. The Board's approval of counsel Court or other tribunal.
20.09 For greater certainty, members shall not be withheld unreasonably.indemnified for legal costs arising from:
29.5 The Board will not consider any application for financial assistance which relates to the legal representation of a member in connection with a grievance (a) grievances or complaint made complaints under the provisions of the Police Services Act, 1990 of this Collective Agreement between the Board and the Organization or for the legal defence of a member resulting from a discipline charge made under the Police Services Act;
(b) the actions or omissions of members acting in their capacity as private citizens;
(c) subject to Article 20.05, 1990, Regulations made discipline charges under that Act and all amendments thereto.
29.6 Where an investigation is commenced under Part VII of the Police Services Act and it appears to regulations thereunder.
20.10 For the Chief purpose of Police that a member requires legal counsel in responding to the investigation, the Chief of Police may arrange for legal counsel to provide counsel to the member in connection with the investigation of such terms as the Chief considers appropriate. As soon as practicable, the Chief shall bring his action and his recommendation to the attention of the Board who may approve or alter the terms of retention of such legal counsel or the Chief's recommendation in respect thereof. Neither the Board nor the Chief shall provide legal counsel after the completion of the investigation or the laying of information(sArticle 20.01 (a), as Article 29 of a member:
(a) shall be deemed to have been "not found guilty" where he/she is finally acquitted, where the Civilian Collective Agreement charges are withdrawn or where he/she is intended discharged following a preliminary inquiry; and
(b) shall be deemed to govern such matters.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- negotiation by either the Board or the Association when the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitration.
29.8 A member who becomes involved in a matter which may entitle him/her to legal indemnification under this clause is entitled to receive funds from the Board for a retainer and/or for interim payment of legal costs as reasonably requested by the member’s counsel to a maximum of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if have been "found guilty" where the member is finally determined not given an absolute or conditional discharge or where, if as a result of charges laid he/she is subsequently found guilty of, or pleads guilty to, other charges arising out of the same incident or incidents.
20.11 For the purpose of this provision, "necessary and reasonable legal costs" shall be based on the account rendered by the solicitor performing the work, subject initially to the approval of the City of Toronto Solicitor and, if there is a dispute between the solicitor doing the work and the City of Toronto Solicitor, the matter will be eligible resolved by the referral of the issues to an independent lawyer agreed upon by the parties (the “Assessor”). If the parties are unable to agree on an Assessor, they will request Mr. Xxxxxxx Xxxxxx to appoint one.
20.12 For the purposes of this article, a reference to any Act shall be deemed to include any Act that in the future is enacted in place of the Act referred to in this Article.
20.13 For the purposes of this Article:
(a) the necessary and reasonable legal costs incurred by a member for which provision of legal indemnification is made shall be deemed to have been incurred by the member himself/herself notwithstanding that the member may have received financial assistance in accordance with this Agreementrespect thereof from the Organization; and
(b) a member shall include a former member where the charges arose out of a situation that occurred while the former member was still an active member of the Service.
Appears in 1 contract
Samples: Collective Agreement
LEGAL INDEMNIFICATION. For the purposes of legal costs, it shall include those costs of an Association approved para-legal service.
(A) 26:01 Subject to the other provisions of this Article, a member an employee charged with and finally acquitted of a criminal or statutory offence offence, because of acts done in the performance or attempted performance in good faith of his employment or duties, his/her duties as a police officer shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such charges.
(B) Members shall not be indemnified for 26:02 Notwithstanding 26:01, the Board may authorize payment of necessary and reasonable legal costs arising from of an employee pleading or being found guilty of an offence described in 26:01, where the court, instead of convicting the accused, grants him/her an absolute discharge, provided that the Board accepts the recommendation of the Chief, or an officer designated by him/her to make such a recommendation that the employee’s actions as a police officer in the course of performing his/her
26:03 Notwithstanding 26:01, the Board may refuse payment otherwise authorized under 26:01 where the actions of the officer from which the charges arose amounted to a gross dereliction of duty or omissions deliberate abuse 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 his/her powers 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 incidentspolice officer.
29.2 When a member 26:04 Where an employee is a defendant in a civil action for damages because of acts done in the course attempted performance in good faith of his employment or his/her duties he as a police officer 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:
(ia) where Where the Board Chief is not joined in the action as a party pursuant to s. section 50 (1) of the Police Services Act, and the Board Chief does not defend the action on behalf of itself himself/herself and of the member employee as joint tortfeasors at the Board's ’s sole expense;.
(iib) where Where the Board Chief is joined as a party or elects to defend the action, but the Solicitor solicitor retained on behalf of the Board Chief and the member employee is of the view that it would be improper for him him/her to act for both the Board Chief and the member employee in that action.
29.3 Where during an inquest under the Coroner's Act a member's 26:05 An employee whose conduct is called into question in the course of an inquiry under the Coroner’s Act because of acts done in the attempted performance in good faith of his duties, the member his/her duties as a police officer shall be indemnified for any the necessary and reasonable legal costs directly arising from incurred in representing his/her interests in any such inquest in the protection of the member's interest at such inquiry, but only iffollowing circumstances only:
(ia) Where the Chief of Police or and/or the Board does not provide counsel to represent the York Regional Police, employee at the inquest at the Board's ’s expense; or;
(iib) in Where the counsel provided by the Chief or the Board to represent either or both of them along with the employee is of the opinion that it would be improper for him/her to act for both the Chief or the Board and the employee in that action.
26:06 Where an employee intends to apply to the Board for indemnification hereunder, the employee shall, within thirty (30) days of being charged or receiving notice of other legal proceedings covered herein, or receiving notice that he/she will not be represented by counsel retained by the Chief of Police or and/or the Board Board, apply in writing to represent the York Regional Police, it would be improper for him to represent the member and the Chief and/or or to the Board before that inquiry.
29.4 To qualify officer designated by the Chief to deal with such applications for financial assistance under 29.1, 29.2 or 29.3, the member shall obtain the Board's approval to retain counsel and approval of the counsel to be retained so retained. In the event of any dispute concerning the counsel to be retained, the matter shall be resolved by an officer designated by the Chief and a member by application to of the Board through Association Executive designated for that purpose.
26:07 Where the Chief. The , pursuant to Board policy, elects to provide legal counsel to defend an employee in any legal proceeding covered by this provision, the cost of such counsel is the Board's approval of counsel ’s
26:08 For greater certainty, employees shall not be withheld unreasonablyindemnified for legal costs arising from:
(a) grievances or complaints under the Collective Agreement between the Board and the Association or under the Police Services Act;
(b) the actions or omissions of employees acting in their capacity as private citizens;
(c) discipline charges under the Police Services Act and regulations thereunder.
29.5 The Board 26:09 For the purposes of this provision, an employee shall not be deemed to be “finally acquitted” if as a result of charges laid he/she is subsequently found guilty of, or pleads guilty to, other charges arising out of the same incident or incidents, but nothing in this clause will not consider any application for financial assistance which relates disentitle the member to consideration under 26:02 hereof.
26:10 For the purposes of this provision, “necessary and reasonable legal costs” shall be based on the account rendered by the solicitor performing the work, subject initially to the legal representation approval of the Board and, in the case of dispute between the solicitor doing the work and the Board, assessment on a solicitor and client basis by the assessment officer.
(a) An employee who is the subject of a member hearing before a board of inquiry established by the Police Complaints Commissioner because of acts done in connection with the attempted performance in good faith of his/her duties as a grievance police officer shall be indemnified for the necessary and reasonable legal costs incurred in respect of that hearing only where the Chief has referred a matter to a board of inquiry, or complaint made under the provisions Police Complaints Commissioner has ordered a hearing before a board of inquiry pursuant to Part VI of the Police Services Act, 1990 and the officer is found not guilty of this Collective Agreement misconduct under the Act by the board of inquiry or for a panel of members thereof.
(b) An employee who is the legal defence subject of a member resulting from hearing before a discipline charge made under board of inquiry in relation to acts done in his/her capacity as a private citizen shall be entitled to indemnification where he/she is found not guilty of misconduct by the board of inquiry pursuant to Part VI of the Police Services Act, 1990, Regulations made under that Act and all amendments thereto.
29.6 26:12 Where an investigation is commenced under Part VII of the Police Services Act and it appears employee has applied pursuant to 26:06, upon application to the Chief of Police that a member requires legal counsel in responding to Board by the investigationemployee, the Chief of Police Board may arrange provide an advance payment for the employee’s necessary and reasonable legal counsel to provide counsel to costs as those costs are incurred. Any consideration in this regard would be solely at the member in connection with the investigation of such terms as the Chief considers appropriate. As soon as practicable, the Chief shall bring his action and his recommendation to the attention discretion of the Board who may approve or alter the terms of retention of on such legal counsel or the Chief's recommendation conditions and in respect thereof. Neither the Board nor the Chief shall provide legal counsel after the completion of the investigation or the laying of information(s), as Article 29 of the Civilian Collective Agreement is intended to govern such matters.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- negotiation by either the Board or the Association when the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitration.
29.8 A member who becomes involved in a matter which may entitle him/her to legal indemnification under this clause is entitled to receive funds from the Board for a retainer and/or for interim payment of legal costs as reasonably requested an amount determined by the member’s counsel to a maximum of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if the member is finally determined not to be eligible for indemnification in accordance with this AgreementBoard.
Appears in 1 contract
Samples: Collective Agreement
LEGAL INDEMNIFICATION. For the purposes of legal costs, it An Employee seeking to be eligible for indemnification under this Article shall include those costs of an Association approved para-legal service.
(A) Subject proceed as follows: Apply in writing to the other provisions Police Chief within thirty (30) days of this Articlecharges being laid, or a member proceeding being served; Seek approval of the Police Chief for any choice of defense counsel, which approval shall not be unreasonably withheld, and must be given in writing by the Police Chief and/or Senior Management Team; Seek approval of the Police Chief for any decision thereafter to proceed to a higher level of judicial system, which approval shall not be unreasonably withheld, and must be given in writing by the Police Chief, Senior Management Team. Where an Employee is eligible for indemnification as set out in an Employee charged with with, and finally subsequently acquitted of a criminal criminal, or statutory offence because arising out of acts done an act committed in the performance or attempted good faith performance of his employment or duties, shall will be indemnified for the necessary solicitor's Civilian Unit Local Collective Agreement fees, disbursements, and reasonable legal costs applicable taxes incurred in the defence defense of such charges.
(B) Members upon submission and approval by the Senior Management Team of the Solicitor's final Bill of Costs which approval shall not be indemnified unreasonably withheld. Where an Employee is eligible for legal costs arising from the actions or omissions of members acting indemnification as set out 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 proceeding arising out of acts done in the course good faith performance of his employment or duties he as an Employee, in the judgment of the Senior Management Team, which judgment shall not be unreasonably exercised, the Employee will be indemnified for the necessary and reasonable legal costs solicitor's fees incurred in the defence defense 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 assistance under 29.1, 29.2 or 29.3, the member shall obtain the Board's approval of counsel to be retained by the member by application to the Board through the Chief. The Board's approval of counsel shall not be withheld unreasonably.
29.5 The Board will not consider any application for financial assistance which relates to the legal representation of a member in connection with a grievance or complaint made under the provisions of the Police Services Act, 1990 of this Collective Agreement or for the legal defence of a member resulting from a discipline charge made under the Police Services Act, 1990, Regulations made under that Act and all amendments thereto.
29.6 Where an investigation is commenced under Part VII of the Police Services Act and it appears to the Chief of Police that a member requires legal counsel in responding to the investigation, the Chief of Police may arrange for legal counsel to provide counsel to the member in connection with the investigation of such terms as the Chief considers appropriate. As soon as practicable, the Chief shall bring his action and his recommendation to the attention of the Board who may approve or alter the terms of retention of such legal counsel or the Chief's recommendation in respect thereof. Neither the Board nor the Chief shall provide legal counsel after the completion of the investigation or the laying of information(s), as Article 29 of the Civilian Collective Agreement is intended to govern such matters.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- negotiation by either the Board or the Association when the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitration.
29.8 A member who becomes involved in a matter which may entitle him/her to legal indemnification under this clause is entitled to receive funds from the Board for a retainer and/or for interim payment of legal costs as reasonably requested by the member’s counsel proceedings up to a maximum of $5,000.00 provided upon submission and approval of the member undertakes solicitor's final Bill of Costs, which approval shall not be unreasonably withheld. Notwithstanding any of the above referred to indemnify in this Article, an Employee shall not be indemnified for costs arising from any of the Board for such funds advanced to him if the member is finally determined not to be eligible for indemnification in accordance with this Agreement.following:
Appears in 1 contract
Samples: Collective Agreement
LEGAL INDEMNIFICATION. For the purposes of legal costs, it shall include those costs of an Association approved para-legal service.
(A) 24.01 Subject to the other provisions of this Article, a member charged with and finally acquitted of a criminal or statutory offence offence, because of acts done in the performance or attempted performance performance, in good faith, of his employment or their duties, shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such charges.
(B) 24.02 Notwithstanding clause 24.01, the Board may authorize payment of necessary and reasonable legal costs of a member pleading or being found guilty of an offence described in clause 24.01 where the court, instead of convicting the accused, grants the member an absolute discharge, provided that the Board accepts the recommendation of the Chief of Police or designee to make such a recommendation, that the member's actions in the course of performing their duties were motivated by an intent to do their lawful duty, that such actions do not constitute any of the actions described in clause 24.04 hereof, and that such indemnification will not in the opinion of the Board reduce respect for law enforcement in the City of Xxxx Sound.
24.03 Members retiring after January 1, 2009 who are charged with and finally acquitted of a criminal or statutory offence because of acts done in the attempted performance, in good faith, of their duties as a member with the Xxxx Sound Police Service, shall not be indemnified for the necessary and reasonable legal costs arising from incurred in the defence of such charges.
24.04 Notwithstanding clause 24.01, the Board may refuse payment otherwise authorized under clause 24.01 where the actions of the officer from which the charges arose amounted to a gross dereliction of duty or omissions deliberate abuse 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 powers 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 incidentspolice officer.
29.2 When 24.05 Where a member is a defendant in a civil action for damages because of acts done in the course attempted performance in good faith of his employment or duties he their duties, they 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 Where the Chief of Police and/or the Xxxx Sound Police Services Board is not joined in the action as a party pursuant to s. 50 of the Police Services Act, and the Chief of Police and/or the Xxxx Sound Police Services Board does not defend the action on behalf of itself himself/herself and/or themselves and of the member as joint tortfeasors at the Board's sole expense;; or
(ii) where Where the Board Chief of Police is joined as a party or elects to defend the action, but the Solicitor solicitor retained on behalf of the Board Chief of Police and the this member is of the view that it would be improper for him them to act for both the Board Chief of Police and the member in that action.
29.3 Where during 24.06 A member whose conduct is called into question in the course of an inquest inquiry under the Coroner's Act a member's conduct is called into question because of acts done in the attempted performance in good faith of his duties, the member their duties as a police officer shall be indemnified for any the necessary and reasonable legal costs directly arising from incurred in representing their interests in any such inquest in the protection of the member's interest at such inquiry, but only iffollowing circumstances only:
(i) Where the Chief of Police or and/or the Board does not provide counsel to represent the York Regional Police, member at the inquest at the Board's expense; or
(ii) in Where the opinion of counsel retained provided by the Chief of Police or the Board to represent either or both of them along with the York Regional Police, member is of the opinion that it would be improper for him them to represent act for both the Chief of Police or the Board and the member and the Chief and/or in that action.
24.07 Where a member intends to apply to the Board before that inquiry.
29.4 To qualify for financial assistance under 29.1, 29.2 or 29.3indemnification hereunder, the member shall, within thirty (30) days of being charged or receiving notice of other legal proceedings covered herein, or receiving notice that they will not be represented by counsel retained by the Chief of Police and/or the Board, apply in writing to the Chief of Police or to the officer designated by the Chief of Police to deal with such applications for approval to retain counsel and approval of the counsel to be so retained. In the event of any dispute concerning the counsel to be retained, the matter shall obtain be resolved by an officer designated by the Chief and a member of the Association Executive designated for that purpose. If these two people are unable to agree on the counsel to be retained, they will refer the matter either to a third-party chosen by them, or to an arbitrator selected by the Ontario Police Arbitration Commission.
24.08 Where the Chief of Police, pursuant to Board policy, elects to provide legal counsel to defend a member in any legal proceeding covered by this Article, the cost of such counsel is the Board's approval responsibility irrespective of counsel to be retained by the outcome of the proceedings and neither the member by application to nor the Board through may rely upon the Chief. The Board's approval other Articles of counsel this Agreement.
24.09 For greater certainty, members shall not be withheld unreasonablyindemnified for legal cost arising from:
(i) grievances or complaints under the Collective Agreement between the Board and the Association or under the Police Services Act;
(ii) the actions or omissions of members acting in their capacity as private citizens; or
(iii) discipline charges under the Police Services Act and Regulations thereunder.
29.5 24.10 Members of the Service who are deemed to be subject officers in an investigation being conducted by the Special Investigations Unit (S.I.U.) shall be entitled to legal counsel from the outset of such designation by the S.I.U. for the length of such investigation. In cases where a member is charged with a criminal offence clauses 24.01 and 24.02 of this Article will be in effect. Where a member is deemed to be a witness officer in an investigation being conducted by the S.I.U. they shall be entitled to legal counsel paid by the Board to a maximum of four hours to seek advice and/or legal representation at any subsequent interviews. Nothing in this clause shall negate a member's duty as per the Police Services Act with regard to the S.I.U.'s mandate.
24.11 The Board will not consider any application agrees to indemnify the Xxxx Sound Police Association for financial assistance which relates reasonable legal costs incurred on behalf of the members who are required to the legal representation of attend and give evidence at a member in connection with a grievance or complaint made Public Inquiry constituted under the provisions of the Police Services Act, 1990 the Public Inquiries Act or otherwise, provided that the Association is not the focus of this Collective Agreement or for the legal defence of a member resulting from a discipline charge made under the Police Services Act, 1990, Regulations made under that Act and all amendments theretoinquiry.
29.6 Where an investigation is commenced under Part VII of 24.12 The Board retains the Police Services Act and it appears right at its sole discretion to the Chief of Police that a member requires legal counsel in responding to the investigation, the Chief of Police may arrange for provide legal counsel to provide counsel to the any member at its expense in connection with the investigation of such terms as the Chief considers appropriate. As soon as practicable, the Chief shall bring his action and his recommendation to the attention of any other situation where the Board who may approve or alter the terms of retention of such legal counsel or the Chief's recommendation in respect thereof. Neither the Board nor the Chief shall provide legal counsel after the completion of the investigation or the laying of information(s), as Article 29 of the Civilian Collective Agreement is intended to govern such matters.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- negotiation by either the Board or the Association when the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitration.
29.8 A member who becomes involved in a matter which may entitle him/her to legal indemnification under this clause is entitled to receive funds from the Board for a retainer and/or for interim payment of legal costs as reasonably requested by the member’s counsel to a maximum of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if the member is finally determined not deems it to be eligible for indemnification in accordance with this Agreementtheir interest to have member(s) represented.
Appears in 1 contract
Samples: Collective Bargaining Agreement
LEGAL INDEMNIFICATION. For the purposes of legal costs, it shall include those costs of an Association approved para-legal service.
(A) 34.1 Subject to the other provisions of this Article, a member charged with and finally acquitted of a criminal or statutory offence offence, because of acts done while on duty in the performance or attempted performance in good faith of his employment or duties, his/her duties as a Civilian member 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, 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 para-legal is performing the work.
(B) Members shall not be indemnified for legal costs arising from 34.2 Notwithstanding clause 34.1, the Board may refuse payment otherwise authorized under clause 34.1 where the actions of the Civilian member from which the charges arose mounted to a dereliction of duty or omissions abuse 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 his/her powers as a result of charges laid he is subsequently found guilty of, or pleads guilty to, other charges arising out Civilian member of the same incident or incidentsService.
29.2 When 34.3 Where a member is a defendant in a civil action for damages because of acts done in the course attempted performance in good faith of his employment his/her duties as a member of the Service, and the action is not defended by the insurance carrier of the Regional Municipality of Niagara or duties he 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 34.3.1 Where the Board Chief of Police is not joined in the action as a party pursuant to s. Section 50 of the The Police Services Act, and or the Board Chief of Police does not defend the action on behalf of itself himself/herself and of the member as joint tortfeasors tort-feasors at the Board's sole expense;
(ii) where 34.3.2 Where the Board Chief of Police is joined as a party or and the Board elects to defend the action, but the Solicitor solicitor retained on behalf of the Board and the member is of the view that it would be improper for him him/her to act for both the Board 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.
29.3 Where during 34.3.3 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.
34.4 A member of the Service who is requested or subpoenaed to appear before an inquest inquiry initiated under the Coroner's Act a member's 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 Inquiries Act or a Royal Commission, because of acts done in the attempted performance in good faith of his dutiesa member's duties as a Civilian member of the Service, shall be indemnified by the Niagara Police Board for the necessary and reasonable legal costs incurred in representing his/her interests in such an inquiry on the following conditions:
34.4.1 Where one or more than one member of the Service is subpoenaed to appear, other than the Chief of Police, in such a case there shall be only one counsel representing the members of the Service, excluding the Chief of Police, and;
34.4.2 Where the counsel representing the members of the Service, excluding the Chief of Police, is of the opinion that it would be improper for him/her to act for both the member and the other members of the Service, he/she shall notify the Board forthwith of such concerns. The Board shall decide if additional counsel shall be retained with respect to the indemnifications provisions of this Article, and;
34.4.3 If the Board has retained counsel in such proceedings, the Board’s solicitor will provide advice to, and represent, any member or members who are requested to appear, or who are subpoenaed, or whose conduct is called into question for the reasons set out in 34.4 unless the Board’s solicitor determines that a conflict of interest exists. If such conflict exists, then the provisions of 34.5.1 and 34.5.2 apply. The Board shall decide, based on the advice of its solicitor, if additional counsel shall be retained with respect to the indemnification provisions of this article.
34.4.4 A member or members of the Service shall not be indemnified unless they are found not guilty of misconduct in the proceeding for which legal indemnification is sought.
34.4.5 A member or members of the Service shall not be indemnified for such legal costs if such indemnification, in the opinion of the Board, would reduce respect for law enforcement in the Regional Municipality of Niagara.
34.5 In the event that a member intends to apply to the Board for indemnification pursuant to the provisions of this Article, the following shall apply:
34.5.1 The member shall, within thirty (30) days of being charged or of receiving notice of other legal proceedings provided for in this article, apply in writing to the Chief of Police or his designee for approval to retain counsel or a paralegal and for the approval of the counsel or paralegal to be so retained.
34.5.2 In the event of any dispute concerning the counsel or paralegal to be retained, the matter shall be resolved by an officer designated by the Chief of Police and a member of the Association Executive designated for that purpose.
34.5.3 The application of the member for indemnification shall include:
i. a fee schedule provided by the lawyer or paralegal setting out his or her hourly rate, and confirming that the fees will be charged at the lesser of the lawyer or paralegal’s normal hourly rate, or $260.00 for a lawyer, increasing to $275.00 per hour effective August 8, 2013 or $90.00 for a paralegal;
ii. an estimate, where practicable, of the total charges that will be incurred in the matter, and
iii. the lawyer or paralegal's undertaking to submit monthly statements to the Board showing the time spent and the charges incurred on the file during the month. If the application is approved, the Board reserves the right to refuse payment of the lawyer or paralegal’s account if the counsel or paralegal fails to submit monthly statements in accordance with subparagraph (iii) above, provided that it has given 30 days written notice of its intention to do so to the lawyer or paralegal, with a copy to the Association, and the lawyer or paralegal has not remedied the situation prior to the expiry of the 30 days.
34.5.4 The Board has the right to negotiate fees with the lawyer or paralegal to be retained, and the affected member has the right to be present during the fee negotiations.
34.5.5 There shall be a cap on the legal fees of $260.00 per hour, increasing to $275.00 per hour effective August 8, 2013. In addition, a lawyer may charge for travel time at the rate of $130.00 per hour to a maximum of four (4) hours per day.
34.6 For greater certainty, members shall not be indemnified for legal costs arising from:
34.6.1 Grievances or complaints under the Collective Agreement between the Board and the Association or under The Police Services Act;
34.6.2 The actions or omissions of members acting in their capacity as private citizens;
34.7 For the purpose of this provision, a member shall not be deemed to be "finally acquitted" if, as a result of charges laid, he/she is subsequently found guilty of, or pleads guilty to other charges arising out of the same incident or incidents.
34.8 For the purpose of this provision, "necessary and reasonable legal costs" shall be based on the account rendered by the solicitor or paralegal performing the work, subject to taxation by an assessment officer of the Supreme Court of Ontario. If the General Counsel for the Association attends at a S.I.U. call outside normal business hours in circumstances where outside counsel is unavailable or there is a conflict that requires more than one counsel, the Association will be reimbursed at the rate of $150.00 per hour.
34.9 In the case of aggravated assault, assault causing bodily harm or the included offence of ordinary assault, the indemnification referred to in clause 34.1 shall be limited to only those fees that would have reasonably been incurred if the matter was tried in Provincial Court unless the member first obtains permission to elect to be tried by any other court. To obtain the said approval of the Board, the member shall make an application in writing to the Chief of Police and the decision shall be at the discretion of the Niagara Regional Police Services Board.
34.10 Subject to other provisions of this Article, a member who is the Subject Officer in a Special Investigations Unit (S.I.U.) investigation may make application for legal indemnification subject to and upon the receipt of a final determination or recommendation by S.I.U. that criminal charges or other punitive actions will not be initiated or pursued.
34.11 A member who is required as a witness by the Special Investigations Unit (S.I.U.) in the course of an investigation into the conduct of another member shall be indemnified for any the necessary legal costs incurred by the member as a witness.
34.12 A member or members of the Service will be indemnified for the necessary and reasonable legal costs directly associated costs, including but not limited to, hotel, meals and airfare, which result from any criminal, statutory or civil matters arising from the protection out of the member's interest at such inquiry, but only if:
(i) deployment outside of the Chief of Region and/or to another Police Service 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 agency if the member and the Chief and/or the Board before that inquiry.
29.4 To qualify for financial assistance under 29.1, 29.2 or 29.3, the member shall obtain the Board's approval of counsel to be retained by the member by application to the Board through the Chief. The Board's approval of counsel shall not be withheld unreasonably.
29.5 The Board will not consider any application for financial assistance which relates to the legal representation of a member in connection with a grievance or complaint made under the provisions of the Police Services Act, 1990 of this Collective Agreement or for the legal defence of a member resulting from a discipline charge made under the Police Services Act, 1990, Regulations made under that Act and all amendments thereto.
29.6 Where an investigation is commenced under Part VII of the Police Services Act and it appears to the Chief of Police that a member requires legal counsel in responding to the investigation, the Chief of Police may arrange for legal counsel to provide counsel to the member in connection with the investigation of such terms as the Chief considers appropriate. As soon as practicable, the Chief shall bring his action and his recommendation to the attention of the Board who may approve or alter the terms of retention of such legal counsel or the Chief's recommendation in respect thereof. Neither the Board nor the Chief shall provide legal counsel after the completion of the investigation or the laying of information(s), as Article 29 of the Civilian Collective Agreement is intended to govern such matters.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- negotiation by either the Board or the Association when the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitration.
29.8 A member who becomes involved in a matter which may entitle him/her entitled to legal indemnification under this clause is entitled Agreement in relation to receive funds from the Board for a retainer and/or for interim payment of legal costs as reasonably requested by the member’s counsel to a maximum of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if the member is finally determined not to be eligible for indemnification in accordance with this Agreementsame matters.
Appears in 1 contract
Samples: Collective Agreement
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 Articlearticle, a member charged with and finally acquitted of a criminal or statutory offence offense, because of acts done in the performance or attempted performance in good faith of his employment or duties, duties as a police officer shall be indemnified for the necessary and reasonable legal costs incurred in the defence defense of such charges.
(B) Members . article the Board may refuse payment authorized under article where the actions of the officer from which the charges arose amounted to a dereliction of duty or abuse of his powers as a police officer. 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 duties as a police officer, he shall be indemnified for the necessary and reasonable legal costs incurred in the defense of such action where the Chief of Police is not joined in the action as a party pursuant to the section of the Police Services Act, and the Chief of Police does not defend the action on behalf of himself and of the member as a joint at the Board’s sole expense. Where a member intends to apply to the Board for indemnification hereunder, the member shall, within ten days of being charged or receiving notice of legal proceedings covered herein, apply in writing to the Chief of Police or to the officer designated by the Chief of Police to deal with such applications for approval to retain counsel and approval of the counsel to be so retained. In the event of any dispute concerning the counsel to be retained, the matter shall be resolved by an officer designated by the Chief of Police and a member of the Association Executive designated for that purpose. For greater certainty, members shall not be indemnified for legal costs arising from from: Grievances or complaints under the Collective Agreement between the Board and the Association or under the Police Services Act; The actions or omissions of members acting in their capacity as private citizens; Proceeding and discipline charges under the Police Services Act and Regulations. For the purpose of Clause 29.1 (A) this provision, a Member: member shall not 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, “finally acquitted” 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 . For the purposes of this provision, “necessary and reasonable legal costs” shall be based on the account rendered by the Solicitor performing the work, subject to the approval of the Solicitor for the Services Board, or, in the case of disagreement, subject to an assessment by an Assessment officer whose decision shall bind the parties. Where a member is has been identified as a defendant in a civil action for damages because of acts done in subject or witness officer during an investigation by the course of his employment or duties Special Investigations Unit, he shall be indemnified for the necessary and reasonable legal costs incurred in the defence for: up to a total of such an action in the following circumstances only:
three (i3) 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 hours of his duties, solicitor’s time for consultation including the member shall be indemnified for initial interview with the Special Investigations Unit the solicitor’s time during any necessary and reasonable legal costs directly arising from subsequent interviews with the protection Special Investigations Unit conditional upon the approval 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 assistance under 29.1, 29.2 or 29.3, the member shall obtain the Board's his designate. Such approval of counsel to be retained by the member by application to the Board through the Chief. The Board's approval of counsel shall not be withheld unreasonablyunreasonably withheld.
29.5 The Board will not consider any application for financial assistance which relates to the legal representation of a member in connection with a grievance or complaint made under the provisions of the Police Services Act, 1990 of this Collective Agreement or for the legal defence of a member resulting from a discipline charge made under the Police Services Act, 1990, Regulations made under that Act and all amendments thereto.
29.6 Where an investigation is commenced under Part VII of the Police Services Act and it appears to the Chief of Police that a member requires legal counsel in responding to the investigation, the Chief of Police may arrange for legal counsel to provide counsel to the member in connection with the investigation of such terms as the Chief considers appropriate. As soon as practicable, the Chief shall bring his action and his recommendation to the attention of the Board who may approve or alter the terms of retention of such legal counsel or the Chief's recommendation in respect thereof. Neither the Board nor the Chief shall provide legal counsel after the completion of the investigation or the laying of information(s), as Article 29 of the Civilian Collective Agreement is intended to govern such matters.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- negotiation by either the Board or the Association when the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitration.
29.8 A member who becomes involved in a matter which may entitle him/her to legal indemnification under this clause is entitled to receive funds from the Board for a retainer and/or for interim payment of legal costs as reasonably requested by the member’s counsel to a maximum of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if the member is finally determined not to be eligible for indemnification in accordance with this Agreement.
Appears in 1 contract
Samples: Collective Agreement
LEGAL INDEMNIFICATION. For the purposes of legal costs, it shall include those costs of an Association approved para-legal service.
(A) 29.01 Subject to the other provisions of this Article, a member charged with and finally acquitted of a criminal or statutory offence offence, because of acts done in the performance or attempted performance performance, in good faith, of his employment or dutiestheir duties as a police officer, shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such charges.
(B) Members 29.02 Notwithstanding clause 29.01, the Board may authorize payment of necessary and reasonable legal costs of a member pleading or being found guilty of an offence described in clause 29.01 where the court, instead of convicting the accused, grants the member an absolute discharge, provided that the Board accepts the recommendation of the Chief of Police or designee to make such a recommendation, that the member's actions as a police officer in the course of performing their duties were motivated by an intent to do their lawful duty, that such actions do not constitute any of the actions described in clause 29.04 hereof, and that such indemnification will not in the opinion of the Board reduce respect for law enforcement in the City of Xxxx Sound.
29.03 Police Officers retiring after January 1, 2009 who are charged with and finally acquitted of a criminal or statutory offence because of acts done in the attempted performance, in good faith, of their duties as a police officer with the Xxxx Sound Police Service, shall not be indemnified for the necessary and reasonable legal costs arising from incurred in the defence of such charges.
29.04 Notwithstanding clause 29.01, the Board may refuse payment otherwise authorized under clause 29.01 where the actions of the officer from which the charges arose amounted to a gross dereliction of duty or omissions deliberate abuse 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 powers 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 incidentspolice officer.
29.2 When 29.05 Where a member is a defendant in a civil action for damages because of acts done in the course attempted performance in good faith of his employment or their duties he as a police officer, they 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 Where the Chief of Police and/or the Xxxx Sound Police Services Board is not joined in the action as a party pursuant to s. 50 of the Police Services Act, and the Chief of Police and/or the Xxxx Sound Police Services Board does not defend the action on behalf of itself himself/herself and/or themselves and of the member as joint tortfeasors at the Board's sole expense;; or
(ii) where Where the Board Chief of Police is joined as a party or elects to defend the action, but the Solicitor solicitor retained on behalf of the Board Chief of Police and the this member is of the view that it would be improper for him them to act for both the Board Chief of Police and the member in that action.
29.3 Where during 29.06 A member whose conduct is called into question in the course of an inquest inquiry under the Coroner's Act a member's conduct is called into question because of acts done in the attempted performance in good faith of his duties, the member their duties as a police officer shall be indemnified for any the necessary and reasonable legal costs directly arising from incurred in representing their interests in any such inquest in the protection of the member's interest at such inquiry, but only iffollowing circumstances only:
(i) Where the Chief of Police or and/or the Board does not provide counsel to represent the York Regional Police, member at the inquest at the Board's expense; or
(ii) in Where the opinion of counsel retained provided by the Chief of Police or the Board to represent either or both of them along with the York Regional Police, member is of the opinion that it would be improper for him them to represent act for both the Chief of Police or the Board and the member and the Chief and/or in that action.
29.07 Where a member intends to apply to the Board before that inquiry.
29.4 To qualify for financial assistance under 29.1, 29.2 or 29.3indemnification hereunder, the member shall, within thirty (30) days of being charged or receiving notice of other legal proceedings covered herein, or receiving notice that they will not be represented by counsel retained by the Chief of Police and/or the Board, apply in writing to the Chief of Police or to the officer designated by the Chief of Police to deal with such applications for approval to retain counsel and approval of the counsel to be so retained. In the event of any dispute concerning the counsel to be retained, the matter shall obtain be resolved by an officer designated by the Chief and a member of the Association Executive designated for that purpose. If these two people are unable to agree on the counsel to be retained, they will refer the matter either to a third-party chosen by them, or to an arbitrator selected by the Ontario Police Arbitration Commission.
29.08 Where the Chief of Police, pursuant to Board policy, elects to provide legal counsel to defend a member in any legal proceeding covered by this Article, the cost of such counsel is the Board's approval responsibility irrespective of counsel to be retained by the outcome of the proceedings and neither the member by application to nor the Board through may rely upon the Chief. The Board's approval other Articles of counsel this Agreement.
29.09 For greater certainty, members shall not be withheld unreasonablyindemnified for legal cost arising from:
(i) grievances or complaints under the Collective Agreement between the Board and the Association or under the Police Services Act;
(ii) the actions or omissions of members acting in their capacity as private citizens; or
(iii) discipline charges under the Police Services Act and Regulations thereunder.
29.5 29.10 Members of the Service who are deemed to be subject officers in an investigation being conducted by the Special Investigations Unit (S.I.U.) shall be entitled to legal counsel from the outset of such designation by the S.I.U. for the length of such investigation. In cases where a member is charged with a criminal offence, clauses 29.01 and 29.02 of this Article will be in effect. Where a member is deemed to be a witness officer in an investigation being conducted by the S.I.U. they shall be entitled to legal counsel paid by the Board to a maximum of four hours to seek advice and/or legal representation at any subsequent interviews. Nothing in this clause shall negate a member's duty as per the Police Services Act with regard to the S.I.U.'s mandate.
29.11 The Board will not consider any application agrees to indemnify the Xxxx Sound Police Association for financial assistance which relates reasonable legal costs incurred on behalf of the members who are required to the legal representation of attend and give evidence at a member in connection with a grievance or complaint made Public Inquiry constituted under the provisions of the Police Services Act, 1990 the Public Inquiries Act or otherwise, provided that the Association is not the focus of this Collective Agreement or for the legal defence of a member resulting from a discipline charge made under the Police Services Act, 1990, Regulations made under that Act and all amendments theretoinquiry.
29.6 Where an investigation is commenced under Part VII of 29.12 The Board retains the Police Services Act and it appears right at its sole discretion to the Chief of Police that a member requires legal counsel in responding to the investigation, the Chief of Police may arrange for provide legal counsel to provide counsel to the any member at its expense in connection with the investigation of such terms as the Chief considers appropriate. As soon as practicable, the Chief shall bring his action and his recommendation to the attention of any other situation where the Board who may approve or alter the terms of retention of such legal counsel or the Chief's recommendation in respect thereof. Neither the Board nor the Chief shall provide legal counsel after the completion of the investigation or the laying of information(s), as Article 29 of the Civilian Collective Agreement is intended to govern such matters.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- negotiation by either the Board or the Association when the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitration.
29.8 A member who becomes involved in a matter which may entitle him/her to legal indemnification under this clause is entitled to receive funds from the Board for a retainer and/or for interim payment of legal costs as reasonably requested by the member’s counsel to a maximum of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if the member is finally determined not deems it to be eligible for indemnification in accordance with this Agreementtheir interest to have member(s) represented.
Appears in 1 contract
Samples: Collective Bargaining Agreement
LEGAL INDEMNIFICATION. For the purposes of legal costs, it shall include those costs of an Association approved para-legal service.
(A) 18:01 Subject to the other provisions of this Article, a member an employee charged with and finally acquitted of a criminal or statutory offence because of acts done in arising from the performance or attempted performance performance, in good faith, of his employment or duties, his/her duties as an employee of the Service shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such charges.
18:02 Notwithstanding clause 18:01, the Board may refuse payment otherwise authorized under clause 18:01 where the actions of the employee from which the charges arose amounted to a gross dereliction of duty or deliberate abuse of his/her powers as an employee of the Service.
18:03 Where an employee is a defendant in a civil action, or other matters for which damages and/or other remedies are sought because of acts done in the performance or attempted performance in good faith of his/her duties, he/she shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such an action and any related damage awards in the following circumstances only:
(Ba) Members Where the Board is not joined in the action as a party pursuant to the Police Services Act, or the Board does not defend the action on behalf of both itself and the employee as joint tortfeasors at the Board’s sole expense; or,
(b) Where the Board is joined as a party and elects to defend the action, but the Solicitor retained on behalf of the Board and the employee is of the view that it would be improper for him/her to act for both the Board and the employee in that action.
18:04 An employee whose conduct is called into question in the course of an action, inquiry, public hearing, inquest, or royal commission or the initial phase of an investigation by the Special Investigations Unit under Part VII of the Police Services Act, because of acts done in the performance or attempted performance in good faith of his/her duties shall be indemnified for the necessary and reasonable legal costs incurred in representing his/her interests in any such inquest in the following circumstances only:
(i) Where the Chief and/or the Board does not provide counsel to represent the employee at the inquiry, public hearing, action, inquest, royal commission or initial phase of an investigation by the SIU, at the Board’s expense; or,
(ii) Where the Counsel provided by the Chief or the Board to represent either or both of them along with the employee is of the opinion that it would be improper for him/her to act for both the Chief or the Board and the employee in that inquiry.
(a) Where an employee intends to apply to the Board for indemnification hereunder, the employee shall, within thirty (30) days of being charged or receiving notice of other legal proceedings covered herein, or receiving notice that he/she will not be represented by counsel retained by the Chief and/or the Board, apply in writing to the Chief or to the officer designated by the Chief to deal with such applications for approval to retain counsel and approval of the counsel to be so retained. In the event of any dispute concerning the Counsel to be retained, the matter shall be resolved by an officer designated by the Chief and a member of the Association Executive designated for that purpose.
(b) When an employee advises his/her Unit Commander, in accordance with the Regulations of the Ottawa Police Service, that he/she has been charged or has received notice of other proceedings covered hereunder, the Unit Commander will direct the employee to a member of the Executive of the Association who will advise the employee of the requirement to apply for indemnification within thirty (30) days.
18:06 For greater certainty, employees shall not be indemnified for legal costs arising from from:
(a) Grievances or complaints under the Collective Agreement between the Board and the Association or under the Police Services Act;
(b) The actions or omissions of members employees acting in their capacity as private citizens. ; and,
(c) Discipline charges under the Police Services Act and regulations thereunder.
18:07 For the purpose purposes of Clause 29.1 this Article an employee:
(Aa) a Member: shall Shall be deemed to have been "Finally Acquitted"found “not guilty” where he/she is finally acquitted, where the charges are withdrawn or where he he/she is discharged following a preliminary inquiryinquiry and where the court, instead of convicting the accused, grants him/her an absolute discharge, provided that the Board accepts the recommendation of the Chief, or an officer designated by him/her to make such a recommendation that the employee’s actions, in the course of their employment, were motivated by an intent to do his/her lawful duty, that such actions do not constitute any of the actions described in 18:02 hereof, and that such indemnification will not, in the opinion of the Board, reduce respect for law enforcement in the City of Ottawa; and shall and
(b) Shall be deemed not to have been "Finally Acquitted" found “guilty” where the member employee is given an absolute or a conditional discharge or where, if as a result of charges laid he he/she 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 18:08 For the purposes of acts done this provision, “necessary and reasonable legal costs” shall be based on the account rendered by the solicitor performing the work, subject initially to the approval of the Board and, in the course case of his employment or duties he dispute between the solicitor doing the work and the Board, assessment on a solicitor and client basis by the assessment officer. This clause also includes costs associated to a licensed paralegal, should the Association choose this service.
18:09 For the purpose of this Article, a reference to any Act shall be indemnified for deemed to include any Act that in the future is enacted in place of the Act referred to in this Article and shall include new legislation, additions or addendums.
18:10 For the purpose of this Article, the necessary and reasonable legal costs incurred by an employee for which provision of legal indemnification is made shall be deemed to have been incurred by the employee himself/herself, save and except in the defence of such an action in the following circumstances only:
(i) where the Board employee has received financial assistance in respect thereof from the Association. Where the Association has provided the employee with financial assistance, any and all reimbursements shall be made directly to the Association. It is not joined understood that, to the extent necessary to account for legal costs where such costs are to be approved by the Board, dockets/notations set out in the action as those documents that would otherwise reveal information that would be privileged on a party solicitor/client basis may be generalized.
18:11 Where an employee has applied pursuant to s. 50 of clause 18:05, upon application to the Police Services ActBoard, and the Board does not defend may provide an advance payment for 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 employee’s 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, as those costs are incurred. Any consideration in this regard would be solely 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 assistance under 29.1, 29.2 or 29.3, the member shall obtain the Board's approval of counsel to be retained by the member by application to the Board through the Chief. The Board's approval of counsel shall not be withheld unreasonably.
29.5 The Board will not consider any application for financial assistance which relates to the legal representation of a member in connection with a grievance or complaint made under the provisions of the Police Services Act, 1990 of this Collective Agreement or for the legal defence of a member resulting from a discipline charge made under the Police Services Act, 1990, Regulations made under that Act and all amendments thereto.
29.6 Where an investigation is commenced under Part VII of the Police Services Act and it appears to the Chief of Police that a member requires legal counsel in responding to the investigation, the Chief of Police may arrange for legal counsel to provide counsel to the member in connection with the investigation of such terms as the Chief considers appropriate. As soon as practicable, the Chief shall bring his action and his recommendation to the attention discretion of the Board who may approve or alter on such conditions and in an amount determined by the terms Board.
18:12 All provisions of retention of such legal counsel or the Chief's recommendation in respect thereof. Neither the Board nor the Chief this article shall provide legal counsel after the completion apply to active members of the investigation or the laying of information(s), as Article 29 of the Civilian Collective Agreement is intended to govern such matters.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review Association and re- negotiation by either the Board or the Association when the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitration.
29.8 A member members who becomes involved in a matter which may entitle him/her to legal indemnification under this clause is entitled to receive funds have retired from the Board for a retainer and/or for interim payment of legal costs as reasonably requested by Service and the situation or incident occurred when they were an active member’s counsel to a maximum of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if the member is finally determined not to be eligible for indemnification in accordance with this Agreement.
Appears in 1 contract
Samples: Collective Agreement
LEGAL INDEMNIFICATION. For the purposes of legal costs, it shall include those costs of an Association approved para-legal service.
(A) 36.01 Subject to the other provisions of this Article, a member :
(a) an employee charged with and finally acquitted but found not guilty of a criminal or statutory offence other federal offence, because of acts done in good faith in the performance or attempted performance of his employment or dutieshis/her duties as an employee, shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such charges.;
(Bb) Members shall an employee charged with but found not be indemnified for legal costs arising from the actions or omissions guilty 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"provincial offence, 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 good faith in the course performance of his employment or his/her duties he as an employee, shall be indemnified for up to five-thousand dollars ($5,000) of the necessary and reasonable legal costs incurred in the defence of such charges;
(c) an employee who has been designated as a subject officer in an investigation undertaken by the Special Investigations Unit shall be indemnified for the necessary and reasonable legal costs incurred in seeking advice and representation with respect to the defence of such an action investigation so long as the employee was acting in good faith in the following circumstances onlyperformance of his/her duties. Where the employee is subsequently charged with a statutory offence the provisions of 36.01(a) or (b) shall apply, as applicable;
(d) an employee who has been designated as a witness in an investigation undertaken by the Special Investigations Unit shall be indemnified for the necessary and reasonable legal costs incurred during the initial, on-site investigation by the SIU. Where more than one employee has been designated as a witness with respect to an SIU investigation, necessary and reasonable legal costs will be indemnified for one counsel collectively for all witness employees;
(e) where an employee is a defendant in a civil action for damages arising out of acts done in good faith in the performance of his/her duties, and a government lawyer (or in the case of an insured claim, counsel retained by the insurer) determines he/she is unable to act for the employee, the employee shall be indemnified for the necessary and reasonable legal costs incurred in defending the action, if the employee is not found to be liable. Any legal costs which are recovered by the employee in the action shall be deducted from the reimbursement; and
(f) where an employee’s conduct has been called into question in the course of a Public Inquiry or a Coroner’s Inquest and the employee was acting in good faith in the performance of his/her duties and counsel acting on behalf of the Employer determines he/she is unable to act for the employee, the employee shall be indemnified for the necessary and reasonable legal costs incurred in defending the action.
36.02 Employees shall not be indemnified for legal costs arising from:
(ia) where grievances or complaints under the Board is not joined Memorandum of Understanding between the Employer and the Association or under the Public Service Act;
(b) the actions or omissions of employees acting in the action their capacity as a party pursuant to s. 50 private citizens;
(c) proceedings under Part V 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
(iid) investigations and complaints under the Employer’s Workplace Discrimination and Harassment Prevention policy.
36.03 For the purposes of 36.01(a) and (b), an employee:
(a) shall be deemed to have been found not guilty where: he/she is finally acquitted; the charges are withdrawn; or he/she is discharged following a preliminary inquiry; and
(b) shall be deemed to have been found guilty where: he/she is given an absolute or conditional discharge; or he/she subsequently is found guilty of or pleads guilty to other charges arising out of the same incident(s).
(a) Applications for approval for legal indemnification shall be made in writing to the Commissioner or Commissioner’s designee, as soon as the employee is aware of a legal proceeding in which he/she requires legal representation.
(b) Legal costs incurred prior to approval for legal indemnification will only be reimbursed where the Employer is satisfied that it was not possible in the opinion of circumstances for the employee to obtain prior approval and that the application for approval was made at the earliest opportunity.
(c) The employee shall enter into a written retainer agreement with counsel retained by the Chief employee. The form and substance of Police or the Board retainer, including the terms and conditions of the agreement, shall be subject to represent the York Regional Police, it would be improper for him to represent approval of the member and the Chief and/or the Board before that inquiryEmployer.
29.4 To qualify for financial assistance under 29.1(d) For the purposes of this Article, 29.2 or 29.3, “legal costs” shall be the member shall obtain actual costs disclosed on the Board's approval of accounts rendered by the legal counsel to be performing the work.
(e) Any account submitted by counsel retained by the member by application employee is subject to the Board through review and approval of the ChiefEmployer. In the event the Employer does not approve the actual costs disclosed on the account, the employee may have the account assessed on a solicitor and client basis by a court assessment officer. The Board's approval of counsel shall not be withheld unreasonablyEmployer will reimburse the employee for the fee charged to the employee for filing a request for an assessment with a court assessment officer.
29.5 36.05 For the purposes of this Article:
(a) The Board will not consider any application for legal costs shall be deemed to have been incurred by the employee notwithstanding that the employee may have received financial assistance which relates to from the legal representation of a member in connection with a grievance or complaint made under the provisions of the Police Services Act, 1990 of this Collective Agreement or for the legal defence of a member resulting from a discipline charge made under the Police Services Act, 1990, Regulations made under that Act and all amendments thereto.
29.6 Where an investigation is commenced under Part VII of the Police Services Act and it appears to the Chief of Police that a member requires legal counsel in responding to the investigation, the Chief of Police may arrange for legal counsel to provide counsel to the member in connection with the investigation of such terms as the Chief considers appropriate. As soon as practicable, the Chief shall bring his action and his recommendation to the attention of the Board who may approve or alter the terms of retention of such legal counsel or the Chief's recommendation Association in respect thereof. Neither the Board nor the Chief shall provide legal counsel after the completion of the investigation thereof or the laying of information(s), as Article 29 of the Civilian Collective Agreement is intended to govern such matters.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- negotiation by either the Board or that the Association when paid or incurred the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitration.
29.8 A member who becomes involved in a matter which may entitle him/her to legal indemnification under this clause is entitled to receive funds from the Board for a retainer and/or for interim payment of legal costs as reasonably requested by the member’s counsel to a maximum of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if the member is finally determined not to be eligible for indemnification in accordance with this Agreement.expenses directly; and
Appears in 1 contract
Samples: Memorandum of Understanding
LEGAL INDEMNIFICATION. A. 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, "Employer" means the State of Alaska or designated representative of the State or an agency of the State. If the Employer determines that a bargaining unit member charged with and finally acquitted did not engage in conduct beyond the scope of a criminal the bargaining unit member's authority or statutory offence because of acts done which constituted willful misconduct or gross negligence in the performance or attempted performance of his employment or the bargaining unit member's duties, shall be indemnified upon request the Employer agrees to provide for the necessary and reasonable legal costs incurred defense of the bargaining unit member in any civil legal action brought against 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 bargaining unit 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 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 shall be indemnified for any necessary and reasonable legal costs directly arising from may request that the protection 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 interest at such inquiryauthority or which constituted willful misconduct or gross negligence, but only if:
(i) the Chief of Police or Employer agrees to compensate the Board does not provide counsel to represent the York Regional Police, bargaining unit member at the Boardbargaining unit member's expensenormal rate of pay including per diem without loss of any benefits or seniority to the bargaining unit member; or
(ii) in the opinion of counsel retained upon a reasonable showing by the Chief bargaining unit member of Police 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 Board bargaining unit member if the Employer has provided legal services to represent the York Regional Police, it would be improper for him bargaining unit member pursuant to represent the member and the Chief and/or the Board before that inquirythis Article.
29.4 To qualify for financial assistance 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 29.1, 29.2 or 29.3reservation, the obligation to pay a judgment against the bargaining unit member shall obtain the Board's approval of counsel to be retained is not operative until final determination is made by the Employer of the bargaining unit member's eligibility for legal services under this Article. If the Employer has undertaken the defense of a bargaining unit member by application with reservation, and if a court of competent jurisdiction deems that the bargaining unit member acted beyond the scope of the bargaining unit member's authority or with willful misconduct or gross negligence, then the Employer has no liability whatsoever to the Board through bargaining unit member or any other person as a result of such determination. In such cases as this, the Chief. The Boardjudgment, costs and fees will be borne by the bargaining unit member as in any other instance where the court determines that the bargaining unit member acted beyond the scope of the bargaining unit member's approval authority or with willful misconduct or gross negligence.
F. Consistent with past practice, decisions of counsel the Employer pursuant to this Article shall not be withheld unreasonably.
29.5 The Board will not consider any application for financial assistance which relates subject to the legal representation of a member in connection with a grievance or complaint made under the provisions of the Police Services Act, 1990 of this Collective Agreement or for the legal defence of a member resulting from a discipline charge made under the Police Services Act, 1990, Regulations made under that Act and all amendments theretogrievance-arbitration procedures.
29.6 Where an investigation is commenced under Part VII of the Police Services Act and it appears to the Chief of Police that a member requires legal counsel in responding to the investigation, the Chief of Police may arrange for legal counsel to provide counsel to the member in connection with the investigation of such terms as the Chief considers appropriate. As soon as practicable, the Chief shall bring his action and his recommendation to the attention of the Board who may approve or alter the terms of retention of such legal counsel or the Chief's recommendation in respect thereof. Neither the Board nor the Chief shall provide legal counsel after the completion of the investigation or the laying of information(s), as Article 29 of the Civilian Collective Agreement is intended to govern such matters.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- negotiation by either the Board or the Association when the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitration.
29.8 A member who becomes involved in a matter which may entitle him/her to legal indemnification under this clause is entitled to receive funds from the Board for a retainer and/or for interim payment of legal costs as reasonably requested by the member’s counsel to a maximum of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if the member is finally determined not to be eligible for indemnification in accordance with this Agreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
LEGAL INDEMNIFICATION. For the purposes of legal costs, it shall include those costs of an Association approved para-legal service.
(Aa) Subject to the other provisions of this Article, a member members charged with and finally acquitted of a criminal or statutory offence offence, because of acts done in the performance or attempted performance in good faith of his employment their duties, as police officers whether or dutiesnot they were on a tour of duty at the time, shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such charges.
(Bb) Members Notwithstanding clause (a), the Board shall not be indemnified for authorize payment of necessary and reasonable legal costs arising from of members pleading or being found guilty of an offence described in clause (a), where the court, instead of convicting the accused, grants an absolute discharge, provided that the Board accepts the recommendation of the Chief of Police, or an officer designated by the Chief to make such a recommendation, that the members' actions as police officers in the course of performing their duties were motivated by an intent to do their lawful duty, that such actions do not constitute any of the actions or omissions of members acting described in their capacity as private citizens. For clause (c) hereof.
(c) Notwithstanding clause (a), the purpose of Clause 29.1 Board may refuse payment otherwise authorized under clause (Aa) 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 actions of officers from which charges arose amounted to a gross dereliction of duty or conditional discharge or where, if deliberate abuse of their powers 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 incidentspolice officers.
29.2 When a member is a defendant (d) Where members are defendants in a civil action for damages because of acts done in the course attempted performance in good faith of his employment or their duties he as members they 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 Where the Board Chief of Police is not joined in the action as a party pursuant to s. 50 of the Police Services Act, and the Board Chief of Police does not defend the action on behalf of itself himself/herself and of the member as joint tortfeasors tortfeasers at the Board's sole expense;expenses.
(ii) where Where the Board Chief of Police is joined as a party or elects to defend the action, but the Solicitor solicitor retained on behalf of the Board Chief of Police and the member is of the view that it would be improper for him to act for both the Board Chief of Police and the member in that action.
29.3 Where during an inquest under the Coroner's Act a member's (e) Members whose conduct is called into question in the course of an inquiry under the Coroners Act because of acts done in the attempted performance in good faith of his duties, the member their duties shall be indemnified for any the necessary and reasonable legal costs directly arising from incurred in representing their interests in any such inquest in the protection of the member's interest at such inquiry, but only iffollowing circumstances only:
(i) Where the Chief of Police or and/or the Board does not provide counsel to represent the York Regional Police, member at the inquest at the Board's expense; or
(ii) in Where the opinion of counsel retained provided by the Chief of Police or the Board to represent either or both of them along with the York Regional Police, member is of the opinion that it would be improper to act for him to represent both the Chief of Police or the Board and the member and the Chief and/or in that action.
(f) Where members intend to apply to the Board before that inquiry.
29.4 To qualify for financial assistance under 29.1, 29.2 or 29.3indemnification hereunder, the member shall, within thirty (30) days of being charged or receiving notice of other legal proceedings covered herein, or receiving notice that they will not be represented by counsel retained by the Chief of Police and/or the Board, apply in writing to the Chief of Police or to the officer designated by the Chief of Police to deal with such applications for approval to retain counsel and approval of the counsel to be so retained. In the event of any dispute concerning the counsel to be retained, the matter shall obtain be resolved by an officer designated by the Chief and a member of the Association Executive designated for that purpose.
(g) Where the Chief of Police, pursuant to Board policy, elects to provide legal counsel to defend members in any legal proceeding covered by this provision, the cost of such counsel is the Board's approval responsibility irrespective of counsel to be retained by the outcome of the proceedings and neither the member by application to nor the Board through may rely upon the Chief. The Board's approval other provisions of counsel this policy.
(h) For greater certainty, members shall not be withheld unreasonably.indemnified for legal costs arising from:
29.5 The Board will not consider any application for financial assistance which relates to the legal representation of a member in connection with a grievance (i) grievances or complaint made complaints under the provisions of collective agreement between the Police Services Act, 1990 of this Collective Agreement Board and the Association or for the legal defence of a member resulting from a discipline charge made under the Police Services Act, 1990, Regulations made ;
(ii) the actions or omissions of members acting in their capacity as private citizens;
(iii) subject to clause (f) discipline charges under that Act and all amendments thereto.
29.6 Where an investigation is commenced under Part VII of the Police Services Act and it appears regulations thereunder.
(i) For the purposes of this provision, members shall not be deemed to be "finally acquitted" if as a result of charges laid they are subsequently found guilty of, or pleads guilty to, other charges arising out of the same incident or incidents, but nothing in this clause will disentitle the member to consideration under clause (b) hereof.
(j) For the purposes of this provision, "necessary and reasonable legal costs" shall be based on the account rendered by the solicitor performing the work, subject initially to the approval of the solicitor acting on behalf of the Peterborough Lakefield Police Services Board and, in the case of dispute between the solicitor doing the work and the Board’s solicitor, then the amount fixed by the assessment officer following an assessment of the account rendered by the solicitor performing the work under the Solicitors Act, R.S.O. 1990, c.S.15 as amended.
(k) Members who become a subject officer in a Special Investigations Unit investigation are entitled to, up to five thousand dollars ($5,000.00) for the purposes of legal indemnification. Where the status of a member is in doubt, the Member may nonetheless apply to the Chief of Police that a member requires legal counsel in responding for indemnification up to the investigationamount noted above. Where such an application is made, the Chief of Police may arrange for legal counsel to provide counsel to Chief’s discretion in the member in connection with the investigation of such terms as the Chief considers appropriate. As soon as practicable, the Chief matter shall bring his action be final and his recommendation to the attention of the Board who may approve or alter the terms of retention of such legal counsel or the Chief's recommendation in respect thereof. Neither the Board nor the Chief shall provide legal counsel after the completion of the investigation or the laying of information(s), as Article 29 of the Civilian Collective Agreement is intended to govern such matters.
29.7 All sections under Article 29 (Legal Indemnification) are not subject to review through any process. Notwithstanding the above, where a Member received indemnification, and re- negotiation is subsequently found guilty of a criminal offence, all monies provided under this clause may be recovered by either the Board or the Association when the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitrationBoard.
29.8 A member (l) Members who becomes involved become a respondent officer in a matter which an Office of the Independent Police Review Director (OIPRD) ordered hearing may entitle him/her request reimbursement for up to legal indemnification under this clause is entitled to receive funds from five thousand ($5,000) dollars for the Board for a retainer and/or for interim payment purposes of legal costs as reasonably requested by indemnification. Where such application is made, the memberChief’s counsel discretion in the matter shall be final and not subject to review through any process. Notwithstanding the above, where a maximum of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if the member is finally determined not to found guilty of a Police Services Act charge, no such reimbursement shall be eligible for indemnification in accordance with this Agreementprovided.
Appears in 1 contract
Samples: Collective Bargaining Agreement
LEGAL INDEMNIFICATION. For the purposes of legal costs, it 21.01 The Board shall include those costs of an Association approved para-legal service.
(A) Subject to the other provisions of this Article, indemnify 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 Member for the necessary and reasonable legal costs incurred in incurred,
(a) In the defence of a Civil Action,
(b) In the defence of a Criminal prosecution, excluding a Criminal prosecution in which a Member is found guilty of a Criminal offence,
(c) In the defence of a Statutory prosecution,
(d) In respect of any other proceeding in which the Member's manner of execution of the duties of the Member's employment was in issue. Without limiting the generality of "any other proceeding", such chargesproceeding shall include a Coroner's Inquest, a Board of Inquiry under Part VI of the Police Services Act, and any investigation or inquiry under Part II of the Police Services Act.
(B) Members 21.02 A Member shall not be indemnified under this Article for legal costs arising from from:
(a) A grievance or complaint under the actions Collective Agreement between the Board and the Association,
(b) An act or omissions omission of members the Member acting in their capacity as a private citizens. For citizen,
(c) A discipline charge under the purpose Police Services Act and Regulations,
(d) A Member's appeal to a Board of Clause 29.1 Inquiry.
21.03 The Board shall provide funds to a Member who is 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, upon application by the Member, which application may be made on the following basis:
(Aa) It appears that the Member is entitled to indemnification of the costs for legal counsel arising under this Agreement, and in the case of a Member: Criminal charge where the actions of the Member in connection with the Criminal charge appear to be consistent with the attempted performance in good faith of their duties as a Police Officer,
(b) The funds applied for do not exceed the greater of $2,000.00 or 50 per cent of reasonable legal costs, and in the event of a dispute, shall be deemed determined by the Board's solicitor. If the interim legal costs increase over time, the Member may apply for additional funds within the terms of this Article,
(c) The Member shall undertake to have been "Finally Acquitted", where charges are withdrawn or where he indemnify the Board for such funds if the Member is discharged following a preliminary inquiry; and shall be deemed not entitled 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 incidentsindemnification in accordance with this Agreement.
29.2 When 21.04 Where a member Member is a defendant in a civil Civil action for damages because of acts done in the course of his their employment or duties he as a Police Officer, the Member shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such an action in the following circumstances only:
(ia) where Where the Board is not joined in the action as a party pursuant to s. 50 Section 50(1) of the Police Services Act, and the Board does not defend the action on behalf of itself and of the member Member as joint tortfeasors tort feasors at the Board's sole expense;,
(iib) where Where the Board is joined as a party or elects to defend the action, but the Solicitor solicitor retained on behalf of the Board and the member Member is of the view that it would be improper for him the solicitor to act for both the Board and the member Member in that action.
29.3 Where during an inquest 21.05 For the purpose of legal indemnification under this Agreement, "reasonable legal costs" shall be based on the Coroneraccount rendered by the counsel performing the work. The account shall be subject initially to the approval of the Board's Act a member's conduct is called into question because of acts done solicitor and, in the performance case of his dutiesa dispute between the counsel rendering the account and doing the work and the Board's solicitor, the member account shall be indemnified for any necessary paid after it has been assessed on a solicitor and client basis by an assessment officer of the Ontario Court of Justice (General Division).
21.06 For the purpose of legal indemnification under this Agreement, the reasonable legal costs directly arising incurred by a Member shall be deemed to have been incurred by the Member, notwithstanding that the Member may have received financial assistance in respect thereof from the protection Association. SPECIAL INVESTIGATIONS
21.07 In addition to the provisions of the member's interest at such inquiryArticle 21, but only if:
(i) the Chief of Police or the Board does not provide counsel recognizes the necessity of providing immediate legal advice to represent the York Regional Policeany member who, at the Board's expense; or
(ii) as a result of their duties, may be directly or indirectly involved 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 assistance under 29.1, 29.2 or 29.3, the member shall obtain the Board's approval of counsel to be retained by the member by application to the Board through the Chief. The Board's approval of counsel shall not be withheld unreasonably.
29.5 The Board will not consider any application for financial assistance which relates to the legal representation of a member in connection with a grievance or complaint made an occurrence investigated under the provisions of the Police Services Act, 1990 of this Collective Agreement or for the legal defence of a member resulting from a discipline charge made under the Police Services Act, 1990, Regulations made under that Act and all amendments thereto.
29.6 Where an investigation is commenced under Part VII of the Police Services Act and it appears to by the Chief of Police Special Investigations Unit (SIU). The Board agrees that a member requires legal counsel in responding to the investigationcounsel(s), the Chief of Police may arrange for legal counsel to provide counsel to the member in connection with the investigation of such terms as the Chief considers appropriate. As soon as practicable, the Chief shall bring his action and his recommendation to the attention of jointly approved by the Board who may approve or alter and the terms of retention of such legal counsel or Association, shall be provided at the ChiefBoard's recommendation in respect thereof. Neither expense, immediately after the Board nor the Chief shall provide legal counsel after occurrence and until the completion of the investigation SIU investigation, or the laying of information(s), as Article 29 of the Civilian Collective Agreement is intended to govern such matters.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- negotiation by either the Board or the Association when the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitration.
29.8 A member who becomes involved in a matter which may entitle him/her to legal indemnification under this clause is entitled to receive funds from the Board for a retainer and/or for interim payment of legal costs as reasonably requested by the member’s counsel to a maximum of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if the member is finally determined not to charged with a criminal or statutory offence, at which time Article 21.03 will be eligible for indemnification in accordance with this Agreementapplied.
Appears in 1 contract
Samples: Collective Agreement
LEGAL INDEMNIFICATION. For The substance of this article was changed, effective February by the purposes award of the Dispute Resolution Board chaired by Xxxx Xxxxxxx (the “Award’) which stated as follows: the Association requested that the language make it clear that the scope of indemnification for legal costscost should commence as soon as the potential for legal charges exists and, in particular, that it shall include those would extend to the costs of the Member’s representation the outset of an Association approved para-legal serviceinvestigation by the Special Investigations Unit created pursuant to the Police Services Act. Also, such indemnification would be available in circumstances where no charges actually result. We find that aspect of the Association’s request to be reasonable and proper and we would so award. We will remain seized should the parties not be able to agree on the appropriate contractual language. Since the parties have not been able to agree, the Dispute Resolution Board has been asked issue precise contractual language, which, upon receipt, shall supercede the language, as modified by the Award, which follows.
(A) ] Subject to the other provisions of this Article, a member charged with and finally acquitted but not found guilty of a criminal or statutory offence offence, because of acts done in the performance or attempted performance in good faith of his employment or duties, duties as a police officer 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 . Notwithstanding clause the Board may payment otherwise authorized under clause where the actions from which the charges arose amounted to a gross dereliction of duty or omissions deliberate abuse 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 his powers 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 police When a member is a defendant in a civil action for damages because of acts done during tow of duty in the course attempted in good faith of his employment or duties he as a member of Force 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 assistance under 29.1, 29.2 or 29.3, the member shall obtain the Board's approval of counsel to be retained by the member by application to the Board through the Chief. The Board's approval of counsel shall not be withheld unreasonably.
29.5 The Board will not consider any application for financial assistance which relates to the legal representation of a member in connection with a grievance or complaint made under the provisions of the Police Services Act, 1990 of this Collective Agreement or for the legal defence of a member resulting from a discipline charge made under the Police Services Act, 1990, Regulations made under that Act and all amendments thereto.
29.6 Where an investigation is commenced under Part VII of the Police Services Act and it appears to the Chief of Police that a member requires legal counsel in responding to the investigation, the Chief of Police may arrange for legal counsel to provide counsel to the member in connection with the investigation of such terms as the Chief considers appropriate. As soon as practicable, the Chief shall bring his action and his recommendation to the attention of the Board who may approve or alter the terms of retention of such legal counsel or the Chief's recommendation in respect thereof. Neither the Board nor the Chief shall provide legal counsel after the completion of the investigation or the laying of information(s), as Article 29 of the Civilian Collective Agreement is intended to govern such matters.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- negotiation by either the Board or the Association when the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitration.
29.8 A member who becomes involved in a matter which may entitle him/her to legal indemnification under this clause is entitled to receive funds from the Board for a retainer and/or for interim payment of legal costs as reasonably requested by the member’s counsel to a maximum of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if the member is finally determined not to be eligible for indemnification in accordance with this Agreement.
Appears in 1 contract
Samples: Collective Agreement
LEGAL INDEMNIFICATION. For the purposes of legal costs, it shall include those costs of an Association approved para-legal service.
(A) 19.01 Subject to the other provisions of this Article, a member Sworn Member charged with and finally acquitted of a criminal or statutory offence offence, because of acts done in the performance or attempted performance in good faith of his employment or duties, duties as a police officer shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such charges.
(B) Members shall not be indemnified for 19.02 Notwithstanding clause 19.01, the Board may authorize payment of necessary and reasonable legal costs arising from of a Member pleading or being found guilty of an offence described in 19.01, where the court, instead of convicting the accused, grants an absolute discharge, provided that the Board accepts the recommendation of the Chief of Police, or an officer designated by the Chief of Police to make such a recommendation, that the Sworn Member's actions as a Police Officer in the course of performing the duties were motivated by an intent to do lawful duty, that such actions do not constitute any of the actions or omissions described in clause 19.03 hereof, and that such indemnification will not in the opinion of members acting the Board reduce respect for law enforcement in their capacity as private citizens. For the purpose City of Clause 29.1 (A) a Member: shall be deemed to have been "Finally Acquitted"North Bay.
19.03 Notwithstanding clause 19.01, where charges are withdrawn or where he is discharged following a preliminary inquiry; and shall be deemed not to have been "Finally Acquitted" the Board may refuse payment otherwise authorized under clause 19.01 where the member is given an absolute actions of the officer from which the charges arose amounted to a gross dereliction of duty or conditional discharge or where, if deliberate abuse of powers 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 incidentspolice officer.
29.2 When 19.04 Where a member Sworn Member is a defendant in a civil action for damages because of acts done in the course attempted performance in good faith of his employment or duties he as a police officer, shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such an action in the following circumstances only:
(ia) where Where the Board Chief of Police is not joined in the action as a party pursuant to s. 50 section 24(1) of the Police Services Act, and the Board Chief of Police does not defend the action on behalf of itself themselves and the member Sworn Member as joint tortfeasors at the Board's sole expense;.
(iib) where Where the Board Chief of Police is joined as a party or elects to defend the action, but the Solicitor solicitor retained on behalf of the Board Chief of Police and the member Sworn Member is of the view that it would be improper for him to act for both the Board Chief of Police and the member Sworn Member in that action.
29.3 Where during an inquest under the Coroner's Act a member's 19.05 A Sworn Member whose conduct is called into question in the course of an inquiry under the Coroners Act because of acts done in the attempted performance in good faith of his duties, the member duties as a police officer shall be indemnified for any the necessary and reasonable legal costs directly arising from incurred in representing the protection of interest in any such inquest in the member's interest at such inquiry, but only iffollowing circumstances only:
(ia) Where the Chief of Police or and/or the Board does not provide counsel to represent the York Regional Police, Sworn Member at the inquest at the Board's expense; or
(iib) in Where the opinion of counsel retained provided by the Chief of Police or the Board to represent either or both of them along with the York Regional Police, Sworn Member is of the opinion that it would be improper to act for him to represent both the member Chief of Police or the Board and the Sworn Member in that action.
19.06 Where a Sworn Member intends to apply to the Board for indemnification hereunder, the Sworn Member shall, within thirty (30) days of being charged or receiving notice of other legal proceedings covered herein, or receiving notice that the Sworn Member will not be represented by counsel retained by the Chief of Police and/or the Board before Board, apply in writing to the Chief of Police or to the officer designated by the Chief of Police to deal with such applications for approval to retain counsel and approval of the counsel to be so retained. In the event of any dispute concerning the counsel to be retained, the matter shall be resolved by the Chief and a Sworn Member of the Association Executive designated for that inquirypurpose.
29.4 To qualify for financial assistance under 29.119.07 Where the Chief of Police, 29.2 or 29.3pursuant to Board policy, elects to provide legal counsel to defend a Sworn Member in any legal proceeding covered by this provision, the member shall obtain cost of such counsel is the Board's approval responsibility irrespective of counsel to be retained by the member by application to outcome of the proceedings and neither the Sworn Member nor the Board through may rely upon the Chief. The Board's approval other provisions of counsel this policy.
19.08 For greater certainty, Sworn Members shall not be withheld unreasonably.indemnified for legal costs arising from:
29.5 The Board will not consider any application for financial assistance which relates to the legal representation of a member in connection with a grievance (1) grievances or complaint made complaints under the provisions of the Police Services Act, 1990 of this Collective Agreement between the Board and the Association or for the legal defence of a member resulting from a discipline charge made under the Police Services Act, 1990, Regulations made ;
(2) the actions or omissions of Sworn Members acting in their capacity as private citizens;
(3) discipline charges under that the Police Services Act and all amendments theretoregulations thereunder.
29.6 Where (4) Notwithstanding 19.08 (3), the Board may authorize payment of necessary and reasonable legal expenses for discipline charges, after the Board has heard the recommendation of the Chief of Police and the submissions of the Association, as to whether the discipline charges did or did not arise out of a gross and deliberate misstatement of the circumstances on which the charge was laid provided that such payment will not, in the opinion of the Board, reduce respect for law enforcement in the City of North Bay. (1996)
19.09 For the purposes of this provision, a Sworn Member shall not be deemed to be "finally acquitted" if, as a result of charges laid, they are subsequently found guilty of, or plead guilty to, other charges arising out of the same incident or incidents, but nothing in this clause will disentitle the Sworn Member to consideration under clause 19.02 hereof.
19.10 For the purposes of this provision, "necessary and reasonable legal costs" shall be based on the account rendered by the solicitor performing the work, subject initially to the approval of the "Corporation" Solicitor and, in the case of dispute between the Solicitor doing the work and the "Corporation” Solicitor, taxation on a solicitor and client basis by a taxing officer.
19.11 Notwithstanding the provisions of Article 19 the Board recognizes the necessity of providing immediate legal advice to any officer who as a result of their duties may be designated as either a subject or witness officer in an investigation is commenced occurrence as referred to under the provisions of Part VII of the Police Services Act Act. The Board therefore agrees that legal counsel, as approved by the Association, for up to eight (8) hours of time per subject or witness officer, shall be provided at the Board’s expense for the purpose of providing legal advice and it appears guidance to all officers so designated. If an officer consults legal counsel prior to being designated as either a subject or witness officer, the officer shall be solely responsible to pay for such consultation. If later designated as a subject or witness officer, the Board shall pay for such consultation as set out herein.(2011)
19.12 Notwithstanding Article 19.08 and subject to the other provisions of Article 19, the Board shall indemnify a member for the necessary and reasonable legal costs incurred where the member is the subject (not a witness) of a Hearing under Part V as a result of a decision by the Ontario Civilian Police Commission (OCPC) or the Office of the Independent Review Director (OIPRD) to overturn a finding of no misconduct by the Chief of Police that a member requires legal counsel in responding to the investigation, the Chief of Police may arrange for legal counsel to provide counsel to the member in connection with the investigation of such terms as the Chief considers appropriatePolice. As soon as practicable, the Chief shall bring his action and his recommendation to the attention of the Board who may approve or alter the terms of retention of such legal counsel or the Chief's recommendation in respect thereof. Neither the Board nor the Chief shall provide legal counsel after the completion of the investigation or the laying of information(s(2015), as Article 29 of the Civilian Collective Agreement is intended to govern such matters.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- negotiation by either the Board or the Association when the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitration.
29.8 A member who becomes involved in a matter which may entitle him/her to legal indemnification under this clause is entitled to receive funds from the Board for a retainer and/or for interim payment of legal costs as reasonably requested by the member’s counsel to a maximum of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if the member is finally determined not to be eligible for indemnification in accordance with this Agreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
LEGAL INDEMNIFICATION. For the purposes of legal costs, it shall include those costs of an Association approved para-legal service.
(A) 34.1 Subject to the other provisions of this Article, a member charged with and finally acquitted of a criminal or statutory offence offence, because of acts done while on duty in the performance or attempted performance in good faith of his employment or duties, his/her duties as a Civilian member 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 in respect of a lawyer performing the work, or $90.00 per hour in the event that a para-legal is performing the work.
(B) Members shall not be indemnified for legal costs arising from 34.2 Notwithstanding clause 34.1, the Board may refuse payment otherwise authorized under clause 34.1 where the actions of the Civilian member from which the charges arose mounted to a dereliction of duty or omissions abuse 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 his/her powers as a result of charges laid he is subsequently found guilty of, or pleads guilty to, other charges arising out Civilian member of the same incident or incidentsService.
29.2 When 34.3 Where a member is a defendant in a civil action for damages because of acts done in the course attempted performance in good faith of his employment his/her duties as a member of the Service, and the action is not defended by the insurance carrier of the Regional Municipality of Niagara or duties he 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 34.3.1 Where the Board Chief of Police is not joined in the action as a party pursuant to s. Section 50 of the The Police Services Act, and or the Board Chief of Police does not defend the action on behalf of itself himself/herself and of the member as joint tortfeasors tort-feasors at the Board's sole expense;
(ii) where 34.3.2 Where the Board Chief of Police is joined as a party or and the Board elects to defend the action, but the Solicitor solicitor retained on behalf of the Board and the member is of the view that it would be improper for him him/her to act for both the Board 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.
29.3 Where during 34.3.3 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.
34.4 A member of the Service who is requested or subpoenaed to appear before an inquest inquiry initiated under the Coroner's Act a member's 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 Inquiries Act or a Royal Commission, because of acts done in the attempted performance in good faith of his dutiesa member's duties as a Civilian member of the Service, the member shall be indemnified by the Niagara Police Board for any the necessary and reasonable legal costs directly arising from incurred in representing his/her interests in such an inquiry on the protection following conditions:
34.4.1 Where one or more than one member of the member's Service is subpoenaed to appear, other than the Chief of Police, in such a case there shall be only one counsel representing the members of the Service, excluding the Chief of Police, and;
34.4.2 Where the counsel representing the members of the Service, excluding the Chief of Police, is of the opinion that it would be improper for him/her to act for both the member and the other members of the Service, he/she shall notify the Board forthwith of such concerns. The Board shall decide if additional counsel shall be retained with respect to the indemnifications provisions of this Article, and;
34.4.3 If the Board has retained counsel in such proceedings, the Board’s solicitor will provide advice to, and represent, any member or members who are requested to appear, or who are subpoenaed, or whose conduct is called into question for the reasons set out in 34.4 unless the Board’s solicitor determines that a conflict of interest at exists. If such inquiryconflict exists, but only ifthen the provisions of 34.5.1 and 34.5.2 apply. The Board shall decide, based on the advice of its solicitor, if additional counsel shall be retained with respect to the indemnification provisions of this article.
34.4.4 A member or members of the Service shall not be indemnified unless they are found not guilty of misconduct in the proceeding for which legal indemnification is sought.
34.4.5 A member or members of the Service shall not be indemnified for such legal costs if such indemnification, in the opinion of the Board, would reduce respect for law enforcement in the Regional Municipality of Niagara.
34.5 In the event that a member intends to apply to the Board for indemnification pursuant to the provisions of this Article, the following shall apply:
34.5.1 The member shall, within thirty (i30) days of being charged or of receiving notice of other legal proceedings provided for in this article, apply in writing to the Chief of Police or his designee for approval to retain counsel or a paralegal and for the Board does not provide approval of the counsel or paralegal to represent be so retained.
34.5.2 In the York Regional Policeevent of any dispute concerning the counsel or paralegal to be retained, at the Board's expense; or
(ii) in the opinion of counsel retained matter shall be resolved by an officer designated by the Chief of Police and a member of the Association Executive designated for that purpose.
34.5.3 The application of the member for indemnification shall include:
i. a fee schedule provided by the lawyer or paralegal setting out his or her hourly rate, and confirming that the fees will be charged at the lesser of the lawyer or paralegal’s normal hourly rate, or $260.00 for a lawyer or $90.00 for a paralegal;
ii. an estimate, where practicable, of the total charges that will be incurred in the matter, and
iii. the lawyer or paralegal's undertaking to submit monthly statements to the Board showing the time spent and the charges incurred on the file during the month. If the application is approved, the Board reserves the right to refuse payment of the lawyer or paralegal’s account if the counsel or paralegal fails to submit monthly statements in accordance with subparagraph (iii) above, provided that it has given 30 days written notice of its intention to do so to the lawyer or paralegal, with a copy to the Association, and the lawyer or paralegal has not remedied the situation prior to the expiry of the 30 days.
34.5.4 The Board has the right to negotiate fees with the lawyer or paralegal to be retained, and the affected member has the right to be present during the fee negotiations.
34.5.5 There shall be a cap on the legal fees of $260.00 per hour. In addition, a lawyer may charge for travel time at the rate of $130.00 per hour to a maximum of four (4) hours per day.
34.6 For greater certainty, members shall not be indemnified for legal costs arising from:
34.6.1 Grievances or complaints under the Collective Agreement between the Board and the Association or under The Police Services Act;
34.6.2 The actions or omissions of members acting in their capacity as private citizens;
34.7 For the purpose of this provision, a member shall not be deemed to be "finally acquitted" if, as a result of charges laid, he/she is subsequently found guilty of, or pleads guilty to other charges arising out of the same incident or incidents.
34.8 For the purpose of this provision, "necessary and reasonable legal costs" shall be based on the account rendered by the solicitor or paralegal performing the work, subject to taxation by an assessment officer of the Supreme Court of Ontario. If the General Counsel for the Association attends at a S.I.U. call outside normal business hours in circumstances where outside counsel is unavailable or there is a conflict that requires more than one counsel, the Association will be reimbursed at the rate of $150.00 per hour.
34.9 In the case of aggravated assault, assault causing bodily harm or the Board included offence of ordinary assault, the indemnification referred to represent in clause 34.1 shall be limited to only those fees that would have reasonably been incurred if the York Regional Police, it would be improper for him to represent matter was tried in Provincial Court unless the member and first obtains permission to elect to be tried by any other court. To obtain the Chief and/or said approval of the Board before that inquiry.
29.4 To qualify for financial assistance under 29.1, 29.2 or 29.3Board, the member shall obtain the Board's approval of counsel to be retained by the member by make an application to the Board through the Chief. The Board's approval of counsel shall not be withheld unreasonably.
29.5 The Board will not consider any application for financial assistance which relates to the legal representation of a member in connection with a grievance or complaint made under the provisions of the Police Services Act, 1990 of this Collective Agreement or for the legal defence of a member resulting from a discipline charge made under the Police Services Act, 1990, Regulations made under that Act and all amendments thereto.
29.6 Where an investigation is commenced under Part VII of the Police Services Act and it appears writing to the Chief of Police that and the decision shall be at the discretion of the Niagara Regional Police Services Board.
34.10 Subject to other provisions of this Article, a member requires legal counsel who is the Subject Officer in responding to the investigation, the Chief of Police a Special Investigations Unit (S.I.U.) investigation may arrange make application for legal counsel indemnification subject to provide counsel to and upon the member in connection with the investigation receipt of such terms as the Chief considers appropriate. As soon as practicable, the Chief shall bring his action and his a final determination or recommendation to the attention of the Board who may approve by S.I.U. that criminal charges or alter the terms of retention of such legal counsel other punitive actions will not be initiated or the Chief's recommendation in respect thereof. Neither the Board nor the Chief shall provide legal counsel after the completion of the investigation or the laying of information(s), as Article 29 of the Civilian Collective Agreement is intended to govern such matterspursued.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- negotiation by either the Board or the Association when the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitration.
29.8 34.11 A member who becomes involved is required as a witness by the Special Investigations Unit (S.I.U.) in the course of an investigation into the conduct of any member of this Police Service may make application for legal indemnification in respect of legal fees to be incurred by the member as a matter witness, and the payment of the legal indemnification shall be subject to the discretion of the Chief.
34.12 A member or members of the Service will be indemnified for the necessary and reasonable associated costs, including but not limited to, hotel, meals and airfare, which may entitle him/her result from any criminal, statutory or civil matters arising out of the member's deployment outside of the Region and/or to another Police Service or agency if the member is entitled to legal indemnification under this clause is entitled Agreement in relation to receive funds from the Board for a retainer and/or for interim payment of legal costs as reasonably requested by the member’s counsel to a maximum of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if the member is finally determined not to be eligible for indemnification in accordance with this Agreementsame matters.
Appears in 1 contract
Samples: Collective Agreement
LEGAL INDEMNIFICATION. For The substance of this article was changed, effective February by the purposes award of the Dispute Resolution Board chaired by Xxxx Xxxxxxx (the "Award") which stated as follows: the Association requested that the language make it clear that the scope of indemnification for legal costscosts should commence as soon as the potential for legal charges exists and, in particular, that it shall include those would extend to the costs of the Member’s representation from the outset of an Association approved para-legal serviceinvestigation by the Special Investigations Unit created pursuant to the Police Services Act. Also, such indemnification would be available in circumstances where no charges actually result. We find that aspect of the Association’s request to be reasonable and proper and we would so award. We will remain seized should the parties not be able to agree on the appropriate contractual language. Since the parties have not been able to agree, the Dispute Resolution Board has been asked to issue precise contractual language, which, upon receipt, shall supercede the language, as modified by the Award, which follows.
(A) ] Subject to the other provisions of this Article, a member charged with and finally acquitted but not found guilty of a criminal or statutory offence offence, because of acts done during tour of duty and in the performance or attempted performance in good faith of his employment or duties, duties as a member of the Force 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 . Notwithstanding clause the Board may payment otherwise authorized under clause where the actions from which the charges arose amounted to a gross dereliction of duty or omissions deliberate abuse 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 powers as a result of charges laid he is subsequently found guilty of, or pleads guilty to, other charges arising out member of the same incident or incidents.
29.2 Force. When a member is a defendant in a civil action for damages because of acts done during tour of duty in the course attempted performance in good faith of his employment or duties he as a member of the Force 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 : Where neither the Chief of Police nor the Board is not joined in the action as a party pursuant to s. 50 section of the Police Services Act, and neither the Chief of Police nor the Board does not defend defends the action on behalf of itself and of the member as joint tortfeasors at the Board's ’s sole expense;
(ii) where . Where the Chief of Police and/or the Board is joined as a party or elects to defend the action, but the Solicitor solicitor retained on behalf of the Chief of Police and/or the Board and the member is of the view that it would be improper for him to act for both the Chief of Police and/or Board and the member in that action.
29.3 Where during an inquest under the Coroner's Act a member's . A member whose conduct is called into question in the course of an inquiry under the Coroners Act because of acts done in the attempted performance in good faith of his duties, duties as a member of the member Force shall be indemnified for any the necessary and reasonable legal costs directly arising from the protection of the member's interest at incurred in representing interests in any 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) inquest 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 assistance under 29.1, 29.2 or 29.3, the member shall obtain the Board's approval of counsel to be retained by the member by application to the Board through the Chief. The Board's approval of counsel shall not be withheld unreasonably.
29.5 The Board will not consider any application for financial assistance which relates to the legal representation of a member in connection with a grievance or complaint made under the provisions of the Police Services Act, 1990 of this Collective Agreement or for the legal defence of a member resulting from a discipline charge made under the Police Services Act, 1990, Regulations made under that Act and all amendments thereto.
29.6 Where an investigation is commenced under Part VII of the Police Services Act and it appears to the Chief of Police that a member requires legal counsel in responding to the investigation, the Chief of Police may arrange for legal counsel to provide counsel to the member in connection with the investigation of such terms as the Chief considers appropriate. As soon as practicable, the Chief shall bring his action and his recommendation to the attention of the Board who may approve or alter the terms of retention of such legal counsel or the Chief's recommendation in respect thereof. Neither the Board nor the Chief shall provide legal counsel after the completion of the investigation or the laying of information(s), as Article 29 of the Civilian Collective Agreement is intended to govern such matters.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- negotiation by either the Board or the Association when the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitration.
29.8 A member who becomes involved in a matter which may entitle him/her to legal indemnification under this clause is entitled to receive funds from the Board for a retainer and/or for interim payment of legal costs as reasonably requested by the member’s counsel to a maximum of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if the member is finally determined not to be eligible for indemnification in accordance with this Agreement.following circumstances only:
Appears in 1 contract
Samples: Collective Agreement
LEGAL INDEMNIFICATION. For the purposes of legal costs, it shall include those costs of an Association approved para-legal service.
(A) 36.01 Subject to the other provisions of this Article, a member :
(a) an employee charged with and finally acquitted but found not guilty of a criminal or statutory offence other federal offence, because of acts done in good faith in the performance or attempted performance of his employment or dutieshis/her duties as an employee, shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such charges.;
(Bb) Members shall an employee charged with but found not be indemnified for legal costs arising from the actions or omissions guilty 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"provincial offence, 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 good faith in the course performance of his employment or his/her duties he as an employee, shall be indemnified for up to five-thousand dollars ($5,000) of the necessary and reasonable legal costs incurred in the defence of such charges;
(c) an employee who has been designated as a subject officer in an investigation undertaken by the Special Investigations Unit shall be indemnified for the necessary and reasonable legal costs incurred in seeking advice and representation with respect to the defence of such an action investigation so long as the employee was acting in good faith in the following circumstances onlyperformance of his/her duties. Where the employee is subsequently charged with a statutory offence the provisions of 36.01(a) or (b) shall apply, as applicable;
(d) an employee who has been designated as a witness in an investigation undertaken by the Special Investigations Unit shall be indemnified for the necessary and reasonable legal costs incurred during the initial, on-site investigation by the SIU. Where more than one employee has been designated as a witness with respect to an SIU investigation, necessary and reasonable legal costs will be indemnified for one counsel collectively for all witness employees;
(e) where an employee is a defendant in a civil action for damages arising out of acts done in good faith in the performance of his/her duties, and a government lawyer (or in the case of an insured claim, counsel retained by the insurer) determines he/she is unable to act for the employee, the employee shall be indemnified for the necessary and reasonable legal costs incurred in defending the action, if the employee is not found to be liable. Any legal costs which are recovered by the employee in the action shall be deducted from the reimbursement; and
(f) where an employee’s conduct has been called into question in the course of a Public Inquiry or a Coroner’s Inquest and the employee was acting in good faith in the performance of his/her duties and counsel acting on behalf of the Employer determines he/she is unable to act for the employee, the employee shall be indemnified for the necessary and reasonable legal costs incurred in defending the action.
36.02 Employees shall not be indemnified for legal costs arising from:
(ia) where grievances or complaints under the Board is not joined Memorandum of Understanding between the Employer and the Association or under the Public Service Act;
(b) the actions or omissions of employees acting in the action their capacity as a party pursuant to s. 50 private citizens;
(c) proceedings under Part V 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
(iid) investigations and complaints under the Employer’s Workplace Discrimination and Harassment Prevention (WDHP) policy.
36.03 For the purposes of 36.01(a) and (b), an employee:
(a) shall be deemed to have been found not guilty where: he/she is finally acquitted; the charges are withdrawn; or he/she is discharged following a preliminary inquiry; and
(b) shall be deemed to have been found guilty where: he/she is given an absolute or conditional discharge; or he/she subsequently is found guilty of or pleads guilty to other charges arising out of the same incident(s).
(a) Applications for approval for legal indemnification shall be made in writing to the Commissioner or Commissioner’s designee, as soon as the employee is aware of a legal proceeding in which he/she requires legal representation.
(b) Legal costs incurred prior to approval for legal indemnification will only be reimbursed where the Employer is satisfied that it was not possible in the opinion of circumstances for the employee to obtain prior approval and that the application for approval was made at the earliest opportunity.
(c) The employee shall enter into a written retainer agreement with counsel retained by the Chief employee. The form and substance of Police or the Board retainer, including the terms and conditions of the agreement, shall be subject to represent the York Regional Police, it would be improper for him to represent approval of the member and the Chief and/or the Board before that inquiryEmployer.
29.4 To qualify for financial assistance under 29.1(d) For the purposes of this Article, 29.2 or 29.3, “legal costs” shall be the member shall obtain actual costs disclosed on the Board's approval of accounts rendered by the legal counsel to be performing the work.
(e) Any account submitted by counsel retained by the member by application employee is subject to the Board through review and approval of the ChiefEmployer. In the event the Employer does not approve the actual costs disclosed on the account, the employee may have the account assessed on a solicitor and client basis by a court assessment officer. The Board's approval of counsel shall not be withheld unreasonablyEmployer will reimburse the employee for the fee charged to the employee for filing a request for an assessment with a court assessment officer.
29.5 36.05 For the purposes of this Article:
(a) The Board will not consider any application for legal costs shall be deemed to have been incurred by the employee notwithstanding that the employee may have received financial assistance which relates to from the legal representation of a member in connection with a grievance or complaint made under the provisions of the Police Services Act, 1990 of this Collective Agreement or for the legal defence of a member resulting from a discipline charge made under the Police Services Act, 1990, Regulations made under that Act and all amendments thereto.
29.6 Where an investigation is commenced under Part VII of the Police Services Act and it appears to the Chief of Police that a member requires legal counsel in responding to the investigation, the Chief of Police may arrange for legal counsel to provide counsel to the member in connection with the investigation of such terms as the Chief considers appropriate. As soon as practicable, the Chief shall bring his action and his recommendation to the attention of the Board who may approve or alter the terms of retention of such legal counsel or the Chief's recommendation Association in respect thereof. Neither the Board nor the Chief shall provide legal counsel after the completion of the investigation thereof or the laying of information(s), as Article 29 of the Civilian Collective Agreement is intended to govern such matters.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- negotiation by either the Board or that the Association when paid or incurred the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitration.
29.8 A member who becomes involved in a matter which may entitle him/her to legal indemnification under this clause is entitled to receive funds from the Board for a retainer and/or for interim payment of legal costs as reasonably requested by the member’s counsel to a maximum of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if the member is finally determined not to be eligible for indemnification in accordance with this Agreement.expenses directly; and
Appears in 1 contract
Samples: Uniform Memorandum of Understanding
LEGAL INDEMNIFICATION. For the purposes of legal costs, it shall include those costs of an Association approved para-legal service.
(A) 19.01 Subject to the other provisions of this Article, a member Sworn Member charged with and finally acquitted of a criminal or statutory offence offence, because of acts done in the performance or attempted performance in good faith of his employment or duties, duties as a police officer shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such charges.
(B) Members shall not be indemnified for 19.02 Notwithstanding clause 19.01, the Board may authorize payment of necessary and reasonable legal costs arising from of a Member pleading or being found guilty of an offence described in 19.01, where the court, instead of convicting the accused, grants an absolute discharge, provided that the Board accepts the recommendation of the Chief of Police, or an officer designated by him to make such a recommendation, that the Sworn Member's actions as a Police Officer in the course of performing the duties were motivated by an intent to do lawful duty, that such actions do not constitute any of the actions or omissions described in clause 19.03 hereof, and that such indemnification will not in the opinion of members acting the Board reduce respect for law enforcement in their capacity as private citizens. For the purpose City of Clause 29.1 (A) a Member: shall be deemed to have been "Finally Acquitted"North Bay.
19.03 Notwithstanding clause 19.01, where charges are withdrawn or where he is discharged following a preliminary inquiry; and shall be deemed not to have been "Finally Acquitted" the Board may refuse payment otherwise authorized under clause 19.01 where the member is given an absolute actions of the officer from which the charges arose amounted to a gross dereliction of duty or conditional discharge or where, if deliberate abuse of powers 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 incidentspolice officer.
29.2 When 19.04 Where a member Sworn Member is a defendant in a civil action for damages because of acts done in the course attempted performance in good faith of his employment or duties he as a police officer, shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such an action in the following circumstances only:
(ia) where Where the Board Chief of Police is not joined in the action as a party pursuant to s. 50 section 24(1) of the Police Services Act, and the Board Chief of Police does not defend the action on behalf of itself himself and the member Sworn Member as joint tortfeasors at the Board's sole expense;.
(iib) where Where the Board Chief of Police is joined as a party or elects to defend the action, but the Solicitor solicitor retained on behalf of the Board Chief of Police and the member Sworn Member is of the view that it would be improper for him to act for both the Board Chief of Police and the member Sworn Member in that action.
29.3 Where during an inquest under the Coroner's Act a member's 19.05 A Sworn Member whose conduct is called into question in the course of an inquiry under the Coroners Act because of acts done in the attempted performance in good faith of his duties, the member duties as a police officer shall be indemnified for any the necessary and reasonable legal costs directly arising from incurred in representing the protection of interest in any such inquest in the member's interest at such inquiry, but only iffollowing circumstances only:
(ia) Where the Chief of Police or and/or the Board does not provide counsel to represent the York Regional Police, Sworn Member at the inquest at the Board's expense; or
(iib) in Where the opinion of counsel retained provided by the Chief of Police or the Board to represent either or both of them along with the York Regional Police, Sworn Member is of the opinion that it would be improper to act for him to represent both the member Chief of Police or the Board and the Sworn Member in that action.
19.06 Where a Sworn Member intends to apply to the Board for indemnification hereunder, the Sworn Member s hall, within thirty (30) days of being charged or receiving notice of other legal proceedings covered herein, or receiving notice that the Sworn Member will not be represented by counsel retained by the Chief of Police and/or the Board before Board, apply in writing to the Chief of Police or to the officer designated by the Chief of Police to deal with such applications for approval to retain counsel and approval of the counsel to be so retained. In the event of any dispute concerning the counsel to be retained, the matter shall be resolved by the Chief and a Sworn Member of the Association Executive designated for that inquirypurpose.
29.4 To qualify for financial assistance under 29.119.07 Where the Chief of Police, 29.2 or 29.3pursuant to Board policy, elects to provide legal counsel to defend a Sworn Member in any legal proceeding covered by this provision, the member shall obtain cost of such counsel is the Board's approval responsibility irrespective of counsel to be retained by the member by application to outcome of the proceedings and neither the Sworn Member nor the Board through may rely upon the Chief. The Board's approval other provisions of counsel this policy.
19.08 For greater certainty, Sworn Members shall not be withheld unreasonably.indemnified for legal costs arising from:
29.5 The Board will not consider any application for financial assistance which relates to the legal representation of a member in connection with a grievance (1) grievances or complaint made complaints under the provisions of the Police Services Act, 1990 of this Collective Agreement between the Board and the Association or for the legal defence of a member resulting from a discipline charge made under the Police Services Act, 1990, Regulations made ;
(2) the actions or omissions of Sworn Members acting in their capacity as private citizens;
(3) discipline charges under that the Police Services Act and all amendments theretoregulations thereunder.
29.6 Where (4) Notwithstanding 19.08 (3), the Board may authorize payment of necessary and reasonable legal expenses for discipline charges, after the Board has heard the recommendation of the Chief of Police and the submissions of the Association, as to whether the discipline charges did or did not arise out of a gross and deliberate misstatement of the circumstances on which the charge was laid provided that such payment will not, in the opinion of the Board, reduce respect for law enforcement in the City of North Bay. (1996)
19.09 For the purposes of this provision, a Sworn Member shall not be deemed to be "finally acquitted" if, as a result of charges laid, he/she is subsequently found guilty of, or pleads guilty to, other charges arising out of the same incident or incidents, but nothing in this clause will disentitle the Sworn Member to consideration under clause 19.02 hereof.
19.10 For the purposes of this provision, "necessary and reasonable legal costs" shall be based on the account rendered by the solicitor performing the work, subject initially to the approval of the "Corporation" Solicitor and, in the case of dispute between the Solicitor doing the work and the "Corporation” Solicitor, taxation on a solicitor and client basis by a taxing officer.
19.11 Notwithstanding the provisions of Article 19 the Board recognizes the necessity of providing immediate legal advice to any officer who as a result of his/her duties may be directly involved in an investigation is commenced occurrence as referred to under the provisions of Part VII of the Police Services Act Act. The Board therefore agrees that legal counsel, as approved by the Association, for up to thre e (3) hours of time per officer, shall be provided at the Board’s expense immediately after said occurrence for the purpose of providing immediate legal advice and it appears guidance to all officers directly involved. (1996)
19.12 Notwithstanding Article 19.08 and subject to the other provisions of Article 19, the Board shall indemnify a member for the necessary and reasonable legal costs incurred where the member is the subject (not a witness) of a Hearing under Part V as a result of a decision by the Ontario Civilian Commission on Policing Services (OCCOPS) to overturn a finding of no misconduct by the Chief of Police that a member requires legal counsel in responding to the investigation, the Chief of Police may arrange for legal counsel to provide counsel to the member in connection with the investigation of such terms as the Chief considers appropriatePolice. As soon as practicable, the Chief shall bring his action and his recommendation to the attention of the Board who may approve or alter the terms of retention of such legal counsel or the Chief's recommendation in respect thereof. Neither the Board nor the Chief shall provide legal counsel after the completion of the investigation or the laying of information(s(2004), as Article 29 of the Civilian Collective Agreement is intended to govern such matters.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- negotiation by either the Board or the Association when the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitration.
29.8 A member who becomes involved in a matter which may entitle him/her to legal indemnification under this clause is entitled to receive funds from the Board for a retainer and/or for interim payment of legal costs as reasonably requested by the member’s counsel to a maximum of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if the member is finally determined not to be eligible for indemnification in accordance with this Agreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
LEGAL INDEMNIFICATION. For 25.1 The Board shall, in accordance with this ARTICLE 25, indemnify a member of the purposes Police Services for the necessary and reasonable costs incurred,
(a) in the defence of legal costsa civil action, it shall include those costs if the member is not found liable;
(b) in the defence of a criminal prosecution, if the member is found not guilty;
(c) in respect to any other proceedings in which the member’s manner of execution of the duties of his/her employment was an Association approved para-legal serviceissue, if the member is found to have acted in good faith.
(A) 25.2 Subject to the other provisions of this ArticleARTICLE 25, 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 dutieshis/her duties as a Police Officer, shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such charges. However, notwithstanding ARTICLE 25.1, the Board may refuse payment otherwise authorized under ARTICLE 25.1 where the actions of the manner from which the charges arose amounted to a gross dereliction of duty or deliberate abuse of his/her power as a Police Officer.
(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 25.3 Where a member is a defendant in a civil action for damages because of acts done in the course attempted performance in good faith of his employment or his/her duties he as a Police Officer, 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:
(ia) where the Board and/or Chief of Police is not joined in the action as a party pursuant to s. 50 of the Police Services Act, R. S. O. 1990, and the Board does not defend the action on behalf of itself the Board and/or Chief of Police and the member as joint tortfeasors tort feasor at the Board's ’s sole expense;expense or,
(iib) where the Board and/or Chief of Police and the member is joined as a party or elects to defend the actionactions, but the Solicitor solicitor retained on behalf of by the Board and the member is of the view opinion that it would be improper for him to act for both any of the Board and the member parties in that action.
29.3 Where during 25.4 A member whose conduct is called in to question in the course of an inquest inquiry under the Coroner's ’s Act a member's conduct is called into question because of acts done in the attempted performance of his duties, the member in good faith for his/her duties as a Police Officer shall be indemnified for any the necessary and reasonable legal costs directly arising from incurred in representing his/her interest in any such inquest in the protection of the member's interest at such inquiry, but only iffollowing circumstances only:
(ia) the Chief of Police or where the Board does not provide counsel to represent the York Regional Police, member at the inquest at the Board's expense; ’s expense or,
(iib) in where the opinion of counsel retained provided by the Chief of Police or the Board to represent the York Regional Police, Board and/or the Chief of Police along with the member is of the opinion that it would be improper for him him/her to represent act for both the Board or the Chief of Police and the member and the Chief and/or in that action.
25.5 Where a member intends to apply to the Board before that inquiry.
29.4 To qualify for financial assistance under 29.1, 29.2 or 29.3indemnification as provided for in ARTICLE 25, the member shall obtain shall, within thirty (30) calendar days of being charged or receiving notice of other legal proceedings covered herein, or receiving notice that he/she will not be represented by counsel retained by the Board's , apply in writing to the Board for approval to retain counsel and approval of the counsel to be retained. Such approval shall not be unreasonably denied. Counsel retained by the member must carry on a practice with a 150 kilometer range of the Town of Saugeen Shores as determined by application to the kilometric distance as set out in an official Ontario road map. With the approval of the Board through the Chief150 kilometric distance may be extended. The Board's approval In an emergency, for the purpose of immediate consultation and where the Board is unavailable, counsel may be retained from outside the 150 kilometer range.
25.6 For greater certainty, members shall not be withheld unreasonably.indemnified for legal costs arising from:
29.5 The Board will not consider any application for financial assistance which relates to the legal representation of a member in connection with a grievance (a) grievances or complaint made complaints under the provisions of Collective Agreements between the Police Services Act, 1990 of this Collective Agreement Board and Associations or for the legal defence of a member resulting from a discipline charge made under the Police Services Act, R.S.O., 1990,
(b) the actions or omissions of members acting in their capacity as private citizens;
(c) discipline charges, Regulations made under that Act and all amendments thereto.
29.6 Where an investigation is commenced under Part VII of the Police Services Act Act, R.S.O. 1990, and it appears to regulations thereunder.
25.7 For the Chief purpose of Police that this ARTICLE 25, a member requires legal counsel in responding shall not be deemed to the investigationbe “finally acquitted” if, the Chief as a result of Police may arrange for legal counsel charges laid, he/she is subsequently found guilty, or pleads guilty, to provide counsel to the member in connection with the investigation of such terms as the Chief considers appropriate. As soon as practicable, the Chief shall bring his action and his recommendation to the attention other charges arising out of the Board who may approve same incident or alter incidents.
25.8 For the terms of retention of such legal counsel or the Chief's recommendation in respect thereof. Neither the Board nor the Chief shall provide legal counsel after the completion purpose of the investigation or the laying of information(s), as Article 29 of the Civilian Collective Agreement is intended to govern such matters.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- negotiation by either the Board or the Association when the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitration.
29.8 A member who becomes involved in a matter which may entitle him/her to legal indemnification under this clause is entitled agreement “necessary and reasonable legal costs” shall be based on the account rendered by the counsel performing the work. The account shall be subject initially to receive funds the approval of the Board’s solicitor and, in the case of a dispute between the counsel rendering the account shall be paid after it has been assessed on a solicitor client basis by an assessment officer of the Ontario Court of Justice (General Division).
25.9 For the purpose of legal indemnification under the Agreement, the necessary and reasonable costs incurred by the member shall be deemed to have been incurred by the member, notwithstanding that the member may have received financial assistance in respects thereof from the Association.
25.10 The Board shall provide funds to a member who is eligible for legal indemnification under this Agreement for a retainer and/or and for interim payment of the legal costs as reasonably reasonable requested by the member’s counsel to a maximum of $5,000.00 provided counsel, upon application by the member,, which application may be made on the following basis:
(a) where it appears that the member undertakes is entitled to indemnification of the costs of legal counsel arising under this Agreement,
(b) where the funds applied for do not exceed the greater of two thousand dollars ($2,000.00) or 50% of reasonable legal costs, which, in the event of dispute, shall be determined by the Board’s solicitor. If the interim legal costs increase over time, the member may apply for additional funds in accordance with the terms of this ARTICLE 25.10 and
(c) the member shall undertake to indemnify the Board for such any funds advanced to him under this ARTICLE 25.10, if the member is finally determined not entitled to be eligible for indemnification in accordance with this Agreement.
Appears in 1 contract
Samples: Collective Agreement
LEGAL INDEMNIFICATION. For the purposes of legal costs, it shall include those costs of an Association approved para-legal service.
(A) 36.01 Subject to the other provisions of this Article, a member :
(a) an employee charged with and finally acquitted but found not guilty of a criminal or statutory offence other federal offence, because of acts done in good faith in the performance or attempted performance of his employment or dutieshis/her duties as an employee, shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such charges.;
(Bb) Members shall an employee charged with but found not be indemnified for legal costs arising from the actions or omissions guilty 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"provincial offence, 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 good faith in the course performance of his employment or his/her duties he as an employee, shall be indemnified for up to five-thousand dollars ($5,000) of the necessary and reasonable legal costs incurred in the defence of such charges;
(c) an employee who has been designated as a subject officer in an investigation undertaken by the Special Investigations Unit shall be indemnified for the necessary and reasonable legal costs incurred in seeking advice and representation with respect to the defence of such an action investigation so long as the employee was acting in good faith in the following circumstances onlyperformance of his/her duties. Where the employee is subsequently charged with a statutory offence the provisions of 36.01(a) or (b) shall apply, as applicable;
(d) an employee who has been designated as a witness in an investigation undertaken by the Special Investigations Unit shall be indemnified for the necessary and reasonable legal costs incurred during the initial, on-site investigation by the SIU. Where more than one employee has been designated as a witness with respect to an SIU investigation, necessary and reasonable legal costs will be indemnified for one counsel collectively for all witness employees ;
(e) where an employee is a defendant in a civil action for damages arising out of acts done in good faith in the performance of his/her duties, and a government lawyer (or in the case of an insured claim, counsel retained by the insurer) determines he/she is unable to act for the employee, the employee shall be indemnified for the necessary and reasonable legal costs incurred in defending the action, if the employee is not found to be liable. Any legal costs which are recovered by the employee in the action shall be deducted from the reimbursement; and
(f) where an employee’s conduct has been called into question in the course of a Public Inquiry or a Coroner’s Inquest and the employee was acting in good faith in the performance of his/her duties and counsel acting on behalf of the Employer determines he/she is unable to act for the employee, the employee shall be indemnified for the necessary and reasonable legal costs incurred in defending the action.
36.02 Employees shall not be indemnified for legal costs arising from:
(ia) where grievances or complaints under the Board is not joined Memorandum of Understanding between the Employer and the Association or under the Public Service Act;
(b) the actions or omissions of employees acting in the action their capacity as a party pursuant to s. 50 private citizens;
(c) proceedings under Part V 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
(iid) investigations and complaints under the Employer’s Workplace Discrimination and Harassment Prevention policy.
36.03 For the purposes of 36.01(a) and (b), an employee:
(a) shall be deemed to have been found not guilty where: he/she is finally acquitted; the charges are withdrawn; or he/she is discharged following a preliminary inquiry; and
(b) shall be deemed to have been found guilty where: he/she is given an absolute or conditional discharge; or he/she subsequently is found guilty of or pleads guilty to other charges arising out of the same incident(s).
(a) Applications for approval for legal indemnification shall be made in writing to the Commissioner or Commissioner’s designee, as soon as the employee is aware of a legal proceeding in which he/she requires legal representation.
(b) Legal costs incurred prior to approval for legal indemnification will only be reimbursed where the Employer is satisfied that it was not possible in the opinion of circumstances for the employee to obtain prior approval and that the application for approval was made at the earliest opportunity.
(c) The employee shall enter into a written retainer agreement with counsel retained by the Chief employee. The form and substance of Police or the Board retainer, including the terms and conditions of the agreement, shall be subject to represent the York Regional Police, it would be improper for him to represent approval of the member and the Chief and/or the Board before that inquiryEmployer.
29.4 To qualify for financial assistance under 29.1(d) For the purposes of this Article, 29.2 or 29.3, “legal costs” shall be the member shall obtain actual costs disclosed on the Board's approval of accounts rendered by the legal counsel to be performing the work.
(e) Any account submitted by counsel retained by the member by application employee is subject to the Board through review and approval of the ChiefEmployer. In the event the Employer does not approve the actual costs disclosed on the account, the employee may have the account assessed on a solicitor and client basis by a court assessment officer. The Board's approval of counsel shall not be withheld unreasonablyEmployer will reimburse the employee for the fee charged to the employee for filing a request for an assessment with a court assessment officer.
29.5 36.05 For the purposes of this Article:
(a) The Board will not consider any application for legal costs shall be deemed to have been incurred by the employee notwithstanding that the employee may have received financial assistance which relates to from the legal representation of a member in connection with a grievance or complaint made under the provisions of the Police Services Act, 1990 of this Collective Agreement or for the legal defence of a member resulting from a discipline charge made under the Police Services Act, 1990, Regulations made under that Act and all amendments thereto.
29.6 Where an investigation is commenced under Part VII of the Police Services Act and it appears to the Chief of Police that a member requires legal counsel in responding to the investigation, the Chief of Police may arrange for legal counsel to provide counsel to the member in connection with the investigation of such terms as the Chief considers appropriate. As soon as practicable, the Chief shall bring his action and his recommendation to the attention of the Board who may approve or alter the terms of retention of such legal counsel or the Chief's recommendation Association in respect thereof. Neither the Board nor the Chief shall provide legal counsel after the completion of the investigation thereof or the laying of information(s), as Article 29 of the Civilian Collective Agreement is intended to govern such matters.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- negotiation by either the Board or that the Association when paid or incurred the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitration.
29.8 A member who becomes involved in a matter which may entitle him/her to legal indemnification under this clause is entitled to receive funds from the Board for a retainer and/or for interim payment of legal costs as reasonably requested by the member’s counsel to a maximum of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if the member is finally determined not to be eligible for indemnification in accordance with this Agreement.expenses directly; and
Appears in 1 contract
Samples: Memorandum of Understanding
LEGAL INDEMNIFICATION. For the purposes of legal costs, it shall include those costs of an Association approved para-legal service.
(A) 24.01 Subject to the other provisions of this ArticleArticle and in accordance with the Police Services Act, a member charged with and finally acquitted of a criminal or statutory offence offence, because of acts done in the performance or attempted performance in good faith of his employment or the members duties, shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such chargescharge.
(B) Members shall not be indemnified for 24.02 Notwithstanding Clause 24.01, the Board may authorize payment necessary and reasonable legal costs arising from of a member pleading or being found guilty of an offence described in Clause 24.01, where the court, instead of convicting the accused, grants the member an absolute discharge, provided that the Board accepts the recommendation of the Chief of Police, or an officer designated by the Chief of Police to make such a recommendation, that the member's actions in the course of performing his or her duties were motivated by an intent to do lawful duty, that such actions do not constitute any of the actions or omissions described in Clause 24.03 hereof, and that such indemnification will not in the opinion of members acting the Board reduce respect for law enforcement in their capacity as private citizens. For Halton Region.
24.03 Notwithstanding clause 24.01, 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" Board may refuse payment otherwise authorized under clause 24.01 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 actions of the same incident member from which the charges arose amounted to a gross dereliction of duty or incidentsdeliberate abuse of the member's position.
29.2 When 24.04 Where a member is a defendant in a civil action for the damages because of acts done in the course attempted performance in good faith of his employment or duties he the member's duties, the member shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such an action in the following circumstances only:
(ia) where Where the Board Chief of Police is not joined in the action as a party pursuant to s. 50 of the Police Services Act, and the Board Chief of Police does not defend the action on behalf of itself the Chief and of the member as joint tortfeasors tortfeasers at the Board's sole expense;.
(iib) where Where the Board Chief of Police is joined as a party or elects to defend the action, but the Solicitor solicitor retained on behalf of the Board Chief of Police and the member is of the view that it would be improper for him the solicitor to act for both the Chief of Police and the member in that action.
24.05 A member whose conduct is called into question in the course of an inquiry under the Coroners Act 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 representing the member's interests in any such inquest in the following circumstances only:
(a) Where the Chief of Police and/or the Board does not provide counsel to represent the member at the inquest at the Board's expense; OR:
(b) Where the counsel provided by the Chief of Police or the Board to represent either or both of them along with the member is of the opinion that it would be improper for the counsel to act for both the Chief of Police or the Board and the member in that action.
29.3 Where during an inquest under 24.06 A member who is a police officer who is subject to a complaint pursuant to Part V of the Coroner's Police Services Act a member's conduct is called into question because of acts done in the attempted performance in good faith of his duties, the member shall member's duties as a police officer may be indemnified for any the necessary and reasonable legal costs directly arising from the protection incurred in respect of the member's interest at such inquiry, but that hearing only if:
(i) where the Chief of Police has decided to hold a hearing into the matter pursuant to section 64(7) of the Police Services Act or the Ontario Civilian Commission on Police Services holds an oral hearing pursuant to section 70 of the Police Services Act and the officer is found not guilty of misconduct or unsatisfactory work performance under the Act.
24.07 Where a member intends to apply to the Board does for indemnification hereunder, the member shall, within thirty days of being charged or receiving notice of other legal proceedings covered herein, or receiving notice that the member will not provide counsel to represent the York Regional Police, at the Board's expense; or
(ii) in the opinion of be represented by counsel retained by the Chief of Police and/or the Board, apply in writing to the Chief of Police or to the Board Officer designated by the Chief of Police to represent deal with such applications for approval to retain counsel and approval of the York Regional counsel to be so retained. In the event of any dispute concerning the counsel to be retained, the matter shall be resolved by an officer designated by the Chief of Police and a member of the Association Executive designated for that purpose.
24.08 Where the Chief of Police, it would be improper for him pursuant to represent the Board policy, elects to provide legal counsel to defend a member and the Chief and/or the Board before that inquiry.
29.4 To qualify for financial assistance under 29.1, 29.2 or 29.3in any legal proceeding covered by this provision, the member shall obtain cost of such counsel is the Board's approval responsibility irrespective of counsel to be retained by the outcome of the proceedings and neither the member by application to nor the Board through may rely upon the Chief. The Board's approval other provisions of counsel this policy.
24.09 For greater certainty, members shall not be withheld unreasonably.indemnified for legal costs arising from:
29.5 The Board will not consider any application for financial assistance which relates to the legal representation of a member in connection with a grievance (a) grievances or complaint made complaints under the provisions of collective agreement between the Police Services Act, 1990 of this Collective Agreement Board and the Association or for the legal defence of a member resulting from a discipline charge made under the Police Services Act, 1990, Regulations made under that Act and all amendments thereto; and
(b) the actions or omissions of members acting in their capacity as private citizens.
29.6 Where 24.10 For the purposes of this provision, a member shall not be deemed to be "finally acquitted" if as a result of charges laid the member is subsequently found guilty or, pleads guilty to, other charges arising out of the same incident or incidents, but nothing in this clause will disentitle the member to consideration under clause 24.02 hereof.
24.11 For the purposes of this provision, "necessary and reasonable legal costs" shall be based on the account rendered by the solicitor performing the work, subject initially to the approval of the Regional Solicitor and, in the case of dispute between the solicitor doing the work and the Regional Solicitor, Assessment on a solicitor and client basis by the Assessment Officer.
(a) Subject to the other provisions in this Article, when an investigation is commenced under pursuant to Part VII of the Police Services Act by the Special Investigations Unit ("SIU"), and it appears to the Chief of Police that a member who is a police officer requires the assistance of legal counsel in responding to the investigationrespond to inquiries from SIU Investigators, the Chief of Police may arrange for grant the member permission to retain legal counsel to provide counsel to the member in connection with legal advice and representation at the investigation expense of the Board on such terms as the Chief considers of Police deems appropriate. .
(b) Where the Chief of Police grants a member who is a police officer permission to retain legal counsel under the circumstances set out in Article 24.12 (a), the member shall be indemnified by the Board for all necessary and reasonable legal costs incurred until the completion of the SIU investigation, or the member is charged with a criminal or statutory offence, at which time Article
24.01 of this Agreement shall apply.
(c) As soon as practicableis practical, the Chief of Police shall bring his action and his recommendation actions under this Article to the attention of the Board who may approve or alter the terms of retention of such legal counsel or the Chief's recommendation in respect thereof. Neither the Board nor the Chief shall provide legal counsel after the completion of the investigation or the laying of information(s), as Article 29 of the Civilian Collective Agreement is intended to govern such mattersfor its information.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- negotiation by either the Board or the Association when the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitration.
29.8 A member who becomes involved in a matter which may entitle him/her to legal indemnification under this clause is entitled to receive funds from the Board for a retainer and/or for interim payment of legal costs as reasonably requested by the member’s counsel to a maximum of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if the member is finally determined not to be eligible for indemnification in accordance with this Agreement.
Appears in 1 contract
Samples: Collective Agreement
LEGAL INDEMNIFICATION. For the purposes of legal costs, it shall include those costs of an Association approved para-legal service.
(A) 34.1 Subject to the other provisions of this Article, a member charged with and finally acquitted of a criminal or statutory offence offence, because of acts done while on duty in the performance or attempted performance in good faith of his employment or duties, his/her duties as a Civilian member 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 $275.00 per hour effective August 8, 2013, increasing to $325.00 per hour effective April 11, 2017, increasing to $350.00 effective January 1, 2018 and $400.00 effective January 1, 2020. In respect of a lawyer performing the work, or $90.00 per hour in the event that a para-legal is performing the work.
(B) Members shall not be indemnified for legal costs arising from 34.2 Notwithstanding clause 34.1, the Board may refuse payment otherwise authorized under clause 34.1 where the actions of the Civilian member from which the charges arose mounted to a dereliction of duty or omissions abuse 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 his/her powers as a result of charges laid he is subsequently found guilty of, or pleads guilty to, other charges arising out Civilian member of the same incident or incidentsService.
29.2 When 34.3 Where a member is a defendant in a civil action for damages because of acts done in the course attempted performance in good faith of his employment his/her duties as a member of the Service (which for the purposes of this article include Human Rights Tribunal Applications), and the action is not defended by the insurance carrier of the Regional Municipality of Niagara or duties he 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 34.3.1 Where the Board Chief of Police is not joined in the action as a party pursuant to s. Section 50 of the The Police Services Act, and or the Board Chief of Police does not defend the action on behalf of itself himself/herself and of the member as joint tortfeasors tort-feasors at the Board's sole expense;
(ii) where 34.3.2 Where the Board Chief of Police is joined as a party or and the Board elects to defend the action, but the Solicitor solicitor retained on behalf of the Board and the member is of the view that it would be improper for him him/her to act for both the Board 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.
29.3 Where during 34.3.3 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.
34.4 A member of the Service who is requested or subpoenaed to appear before an inquest inquiry initiated under the Coroner's Act a member's 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 Inquiries Act or a Royal Commission, because of acts done in the attempted performance in good faith of his dutiesa member's duties as a Civilian member of the Service, shall be indemnified by the Niagara Police Board for the necessary and reasonable legal costs incurred in representing his/her interests in such an inquiry on the following conditions:
34.4.1 In a case where one or more than one member of the Association is subpoenaed or requested to appear and the Board does not retain counsel pursuant to section 34.4.3, there shall be only one counsel representing the members of the Association who shall be retained by the Association except in the course of an inquiry under the Coroner’s Act where the Police Services Board will be represented by the Board appointed lawyer and the members of the Association shall be represented by an Association appointed lawyer, and;
34.4.2 In inquires where the counsel representing the members of the Association pursuant to section 34.4.1 is of the opinion that it would be improper for him/her to act for multiple members of the Association, he/she shall notify the Board forthwith of such concerns and the Board shall consider the advice of the solicitor and decide, acting reasonably, whether to provide indemnification to the Association for the costs to retain additional counsel, and;
34.4.3 In cases other than in the course of an inquiry under the Coroner’s Act, where the Board has retained counsel in such proceedings to provide advice to, and represent, any member or members of the Association who are requested to appear, or who are subpoenaed, or whose conduct is called into question for the reasons set out in 34.4, such solicitor will provide such legal services to members of the Association unless the Board’s solicitor determines that a conflict of interest exists. If such conflict exists, the solicitor will notify the Board and the Association forthwith of such concerns and the Board shall consider the advice of their solicitor and decide, acting reasonably, whether to provide indemnification to the Association for the costs to retain additional counsel as may be necessary. In such case, the provisions of 34.4.1 and 34.4.2 shall apply.
34.4.4 A member or members of the Service shall not be indemnified unless they are found not guilty of misconduct in the criminal or statutory offence proceeding for which legal indemnification is sought.
34.4.5 A member or members of the Service shall not be indemnified for such legal costs if such indemnification, in the opinion of the Board, would reduce respect for law enforcement in the Regional Municipality of Niagara.
34.5 In the event that a member intends to apply to the Board for indemnification pursuant to the provisions of this Article, the following shall apply:
34.5.1 The member shall, within thirty (30) days of being charged or of receiving notice of other legal proceedings provided for in this article, apply in writing to the Chief of Police or his designee for approval to retain counsel or a paralegal and for the approval of the counsel or paralegal to be so retained.
34.5.2 In the event of any dispute concerning the counsel or paralegal to be retained, the matter shall be resolved by an officer designated by the Chief of Police and a member of the Association Executive designated for that purpose.
34.5.3 The application of the member for indemnification shall include:
i. a fee schedule provided by the lawyer or paralegal setting out his or her hourly rate, and confirming that the fees will be charged at the lesser of the lawyer or paralegal’s normal hourly rate, or the applicable fees set out in section 34.1 above;
ii. an estimate, where practicable, of the total charges that will be incurred in the matter, and
iii. the lawyer or paralegal's undertaking to submit monthly statements to the Board showing the time spent and the charges incurred on the file during the month. If the application is approved, the Board reserves the right to refuse payment of the lawyer or paralegal’s account if the counsel or paralegal fails to submit monthly statements in accordance with subparagraph (iii) above, provided that it has given 30 days written notice of its intention to do so to the lawyer or paralegal, with a copy to the Association, and the lawyer or paralegal has not remedied the situation prior to the expiry of the 30 days.
34.5.4 The Board has the right to negotiate fees with the lawyer or paralegal to be retained, and the affected member has the right to be present during the fee negotiations.
34.5.5 There shall be a cap on the legal fees in the amounts referenced in section 34.1 above. In addition, a lawyer may charge for travel time at the rate of $130.00 per hour to a maximum of four (4) hours per day.
34.6 For greater certainty, members shall not be indemnified for legal costs arising from:
34.6.1 Grievances or complaints under the Collective Agreement between the Board and the Association or under The Police Services Act;
34.6.2 The actions or omissions of members acting in their capacity as private citizens;
34.7 For the purpose of this provision, a member shall not be deemed to be "finally acquitted" if, as a result of charges laid, he/she is subsequently found guilty of, or pleads guilty to other charges arising out of the same incident or incidents.
34.8 For the purpose of this provision, "necessary and reasonable legal costs" shall be based on the account rendered by the solicitor or paralegal performing the work, subject to taxation by an assessment officer of the Supreme Court of Ontario. If the General Counsel for the Association attends at a S.I.U. call outside normal business hours in circumstances where outside counsel is unavailable or there is a conflict that requires more than one counsel, the Association will be reimbursed at the rate of $150.00 per hour.
34.9 In the case of aggravated assault, assault causing bodily harm or the included offence of ordinary assault, the indemnification referred to in clause 34.1 shall be limited to only those fees that would have reasonably been incurred if the matter was tried in Provincial Court unless the member first obtains permission to elect to be tried by any other court. To obtain the said approval of the Board, the member shall make an application in writing to the Chief of Police and the decision shall be at the discretion of the Niagara Regional Police Services Board.
34.10 Subject to other provisions of this Article, a member who is the Subject Officer in a Special Investigations Unit (S.I.U.) investigation may make application for legal indemnification subject to and upon the receipt of a final determination or recommendation by S.I.U. that criminal charges or other punitive actions will not be initiated or pursued.
34.11 A member who is required as a witness by the Special Investigations Unit (S.I.U.) in the course of an investigation into the conduct of another member shall be indemnified for any the necessary legal costs incurred by the member as a witness.
34.12 A member or members of the Service will be indemnified for the necessary and reasonable legal costs directly associated costs, including but not limited to, hotel, meals and airfare, which result from any criminal, statutory or civil matters arising from the protection out of the member's interest at such inquiry, but only if:
(i) deployment outside of the Chief of Region and/or to another Police Service 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 agency if the member and the Chief and/or the Board before that inquiry.
29.4 To qualify for financial assistance under 29.1, 29.2 or 29.3, the member shall obtain the Board's approval of counsel to be retained by the member by application to the Board through the Chief. The Board's approval of counsel shall not be withheld unreasonably.
29.5 The Board will not consider any application for financial assistance which relates to the legal representation of a member in connection with a grievance or complaint made under the provisions of the Police Services Act, 1990 of this Collective Agreement or for the legal defence of a member resulting from a discipline charge made under the Police Services Act, 1990, Regulations made under that Act and all amendments thereto.
29.6 Where an investigation is commenced under Part VII of the Police Services Act and it appears to the Chief of Police that a member requires legal counsel in responding to the investigation, the Chief of Police may arrange for legal counsel to provide counsel to the member in connection with the investigation of such terms as the Chief considers appropriate. As soon as practicable, the Chief shall bring his action and his recommendation to the attention of the Board who may approve or alter the terms of retention of such legal counsel or the Chief's recommendation in respect thereof. Neither the Board nor the Chief shall provide legal counsel after the completion of the investigation or the laying of information(s), as Article 29 of the Civilian Collective Agreement is intended to govern such matters.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- negotiation by either the Board or the Association when the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitration.
29.8 A member who becomes involved in a matter which may entitle him/her entitled to legal indemnification under this clause is entitled Agreement in relation to receive funds from the Board for a retainer and/or for interim payment of legal costs as reasonably requested by the member’s counsel to a maximum of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if the member is finally determined not to be eligible for indemnification in accordance with this Agreementsame matters.
Appears in 1 contract
Samples: Civilian Collective Agreement
LEGAL INDEMNIFICATION. For (1) Where the purposes Member intends to apply to the Board for indemnification under the following provisions, the Member shall, within thirty (30) days of being charged or receiving notice of other legal costsproceedings covered herein, it or upon receiving notice that he/she will not be represented by counsel retained by the Board, apply in writing to the Board for the approval to retain counsel and approval of the counsel to be so retained. In the event of any dispute concerning the counsel to be retained, the matter shall include those costs of an Association approved para-legal servicebe fully and finally resolved by the City Solicitor.
(A2) Subject to Provided that the other provisions of this Article, a member charged with and finally acquitted of a criminal or statutory offence because of acts done Member is engaged in the performance or attempted good faith performance of his employment or his/her duties, the Member shall be indemnified for the his/her necessary and reasonable legal costs incurred and expenses in the defence of such charges.
(B) Members shall not be indemnified for defending against any charges or other 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 proceedings arising out of the same incident performance of his/her duties as a Member of the Woodstock Police Service, except if found guilty of a criminal offence or incidentsstatutory offence.
29.2 When a member (3) Where the Member is a defendant in a civil action for damages because of acts done in the course performance in good faith of his employment or his/her duties he as a Member, 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:
(ia) where Where the Board is not joined in the action as a party pursuant to s. 50 section 50(1) of the Police Services Act, Act and the Board does not defend the action on behalf of itself and the member Member as joint tortfeasors at the Board's sole expense;; or
(iib) where Where the Board is joined as a party or elects to defend the action, but the Solicitor solicitor retained on behalf of the Board and the member Member is of the view that it would be improper for him him/her to act for both the Board Member and the member Board in that action.
29.3 (4) Where during an inquest under the Coroner's Act a member's Member’s conduct is called into question in the course of an inquiry under the Coroners Act because of acts done in the performance in good faith of his dutieshis/her duties as a Member, the member he/she shall be indemnified for any the necessary and reasonable legal costs directly arising from incurred in representing his/her interests in any such inquest in the protection of the member's interest at such inquiry, but only iffollowing circumstances only:
(ia) the Chief of Police or Where the Board does not provide counsel to represent the York Regional Police, Member at the inquest at the Board's expense; or
(iib) in Where the opinion of counsel retained provided by the Chief of Police or the Board to represent the York Regional Police, Member and the Board is of the opinion that it would be improper for him him/her to represent the member and the Chief and/or act for the Board before in that inquiryaction.
29.4 To qualify for financial assistance under 29.1, 29.2 or 29.3(5) For greater certainty, the member shall obtain the Board's approval of counsel to be retained by the member by application to the Board through the Chief. The Board's approval of counsel Members shall not be withheld unreasonably.indemnified for legal costs arising from:
29.5 The Board will not consider any application for financial assistance which relates to the legal representation of a member in connection with a grievance or complaint made under the provisions of the Police Services Act, 1990 of this Collective Agreement or for the legal defence of a member resulting from a discipline charge made (a) complaints under the Police Services Service Act,
(b) actions or omissions of acting in the Member’s capacity as a private citizen or in the course of, 1990or following, Regulations made attendance at social or ceremonial functions relating to or arising out of his/her capacity as a Member of the Senior Officers’ Association
(c) discipline charges under that Act and all amendments thereto.
29.6 Where an investigation is commenced under Part VII of the Police Services Act and it appears the Regulations there under, except if the Member is found not guilty; or
(d) any disputes arising from the interpretation, application, termination or renewal of this agreement.
(6) For the purpose of determining eligibility for legal indemnification the Member shall be deemed to have been "not found guilty" where he/she is finally acquitted, where the charges are withdrawn or where he/she is discharged following a preliminary inquiry. The Member shall be deemed to have been "found guilty" where he/she is given an absolute or conditional discharge or where, if as a result of charges laid he/she is subsequently found guilty of, or pleads guilty to, other charges arising out of the same incident or incidents.
(7) The assessment of "necessary and reasonable legal costs" shall be based on the account rendered by the solicitor performing the work, subject initially to the Chief approval of the solicitor for the Board and, in the case of dispute between the solicitor doing the work and such Board solicitor, upon a substantial indemnity scale assessed pursuant to a Notice of Appointment for such assessment.
(8) Notwithstanding the foregoing, the Board may refuse payment otherwise authorized under this provision where the actions of the Member from which the claims, charges or investigation arose amounted to a gross dereliction of duty or constitute a deliberate abuse of his/her powers as a Member of the Senior Officers’ Association.
(9) For the purposes of this Article, civil or other proceedings referred to in this Agreement shall include those actions commenced after the Members’ resignation or retirement. which refer to acts or omissions of the Member that commenced prior to that date.
(10) Should the S.I.U. investigate the Member of the Woodstock Police that a member requires Service, the Board will cover the legal counsel costs incurred for any on duty actions resulting in responding to the investigation, the Chief of Police may arrange for legal counsel to provide counsel to the member in connection with the investigation of such terms as the Chief considers appropriate. As soon as practicable, the Chief shall bring his action and his recommendation to the attention of the Board who may approve or alter the terms of retention of such legal counsel or the Chief's recommendation in respect thereof. Neither the Board nor the Chief shall provide legal counsel after the completion of the investigation or the laying of information(s), as Article 29 of the Civilian Collective Agreement is intended to govern such matters.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- negotiation by either the Board or the Association when the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitration.
29.8 A member who becomes involved in a matter which may entitle him/her to legal indemnification under this clause is entitled to receive funds from the Board for a retainer and/or for interim payment of legal costs as reasonably requested by the member’s counsel to a maximum of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if the member is finally determined not to be eligible for indemnification in accordance with this Agreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
LEGAL INDEMNIFICATION. For the purposes of legal costs, it shall include those costs of an Association approved para-legal service.
(A) 29:01 Subject to the other provisions of this Article, a member an employee charged with and finally acquitted of a criminal or statutory offence offence, because of acts done in the performance or attempted performance in good faith of his employment or duties, his/her duties as an employee shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such charges. See Letter of Understanding on page 59 regarding suspensions with pay.
(B) Members shall not be indemnified for 29:02 Notwithstanding Clause 29:01, the Board may authorize payment of necessary and reasonable legal costs arising from of an employee pleading or being found guilty of an offence described in Clause 29:01, where the court, instead of convicting the accused, grants him/her an absolute discharge, provided that the Board accepts the recommendation of the Chief of Police, or an officer designated by him/her to make such a recommendation, that the employee’s actions in the course of performing his/her duties were motivated by an intent to do his/her lawful duty, that such actions do not constitute any of the actions or omissions described in Clause 30:03 hereof, and that such indemnification will not in the opinion of members acting in their capacity as private citizens. For the purpose Board reduce respect for law enforcement to the City of Ottawa.
29:03 Notwithstanding Clause 29.1 (A) a Member: shall be deemed to have been "Finally Acquitted"29:01, where charges are withdrawn or where he is discharged following a preliminary inquiry; and shall be deemed not to have been "Finally Acquitted" the Board may refuse payment otherwise authorized under Clause 29:01 where the member is given an absolute actions of the employee from which the charges arose amounted to a gross dereliction of duty or conditional discharge or where, if deliberate abuse of his/her powers 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 incidentsemployee.
29.2 When a member 29:04 Where an employee is a defendant in a civil action for damages because of acts done in the course attempted performance in good faith of his employment or his/her duties he as an employee, 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:be
(ia) where Where the Board Chief of Police is not joined in the action as a party pursuant to s. 50 of as set out in the Police Services Act, and the Board Chief of Police does not defend the action on behalf of itself himself/herself and of the member employee as joint tortfeasors tortfeasers at the Board's ’s sole expense;
(iib) where Where the Board Chief of Police is joined as a party or elects to defend the action, but the Solicitor solicitor retained on behalf of the Board Chief of Police and the member employee is of the view that it would be improper for him him/her to act for both the Board Chief of Police and the member employee in that action.
29.3 Where during an inquest under the Coroner's Act a member's 29:05 An employee whose conduct is called into question in the course of an inquiry under the Coroner’s Act because of acts done in the attempted performance in good faith of his duties, the member his/her duties as an employee shall be indemnified for any the necessary and reasonable legal costs directly arising from incurred in representing his/her interests in any such inquest in the protection of the member's interest at such inquiry, but only iffollowing circumstances only:
(ia) Where the Chief of Police or and/or the Board does not provide counsel to represent the York Regional Police, employee at the inquest at the Board's ’s expense; or,
(iib) in Where the opinion of counsel retained provided by the Chief of Police or the Board to represent either or both of them along with the York Regional Police, employee is of the opinion that it would be improper for him him/her to represent act for both the member Chief of Police or the Board and the Chief and/or employee in that action.
29:06 Where an employee intends to apply to the Board before that inquiry.
29.4 To qualify for financial assistance under 29.1, 29.2 or 29.3indemnification hereunder, the member shall obtain the Board's approval employee shall, within thirty (30) days of being charged or receiving notice of other legal proceedings covered herein, or receiving notice that he/she will not be represented by counsel to be retained by the member by application to Chief of Police and/or the Board through the Chief. The Board's approval of counsel shall not be withheld unreasonably.
29.5 The Board will not consider any application for financial assistance which relates to the legal representation of a member , apply in connection with a grievance or complaint made under the provisions of the Police Services Act, 1990 of this Collective Agreement or for the legal defence of a member resulting from a discipline charge made under the Police Services Act, 1990, Regulations made under that Act and all amendments thereto.
29.6 Where an investigation is commenced under Part VII of the Police Services Act and it appears writing to the Chief of Police that a member requires legal counsel in responding or to the investigation, officer designated by the Chief of Police may arrange to deal with such applications for approval to retain counsel and approval of the counsel to be so retained. In the event of any dispute concerning the counsel to be retained, the matter shall be resolved by an officer designated by the Chief and an employee of the Association Executive designated for that purpose.
29:07 Where the Chief of Police, pursuant to Board policy, elects to provide legal counsel to provide counsel to defend an employee in any legal proceeding covered by this provision, the member in connection with the investigation cost of such terms as counsel is the Chief considers appropriate. As soon as practicable, the Chief shall bring his action and his recommendation to the attention Board’s responsibility irrespective of the Board who may approve or alter outcome of the terms of retention of such legal counsel or proceedings and neither the Chief's recommendation in respect thereof. Neither employee nor the Board nor may rely upon the Chief shall provide legal counsel after the completion of the investigation or the laying of information(s), as Article 29 of the Civilian Collective Agreement is intended to govern such matters.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- negotiation by either the Board or the Association when the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms other provisions of this Article to arbitrationpolicy.
29.8 A member who becomes involved in a matter which may entitle him/her to legal indemnification under this clause is entitled to receive funds from the Board for a retainer and/or for interim payment of legal costs as reasonably requested by the member’s counsel to a maximum of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if the member is finally determined not to be eligible for indemnification in accordance with this Agreement.
Appears in 1 contract
Samples: Collective Agreement
LEGAL INDEMNIFICATION. For the purposes of legal costs, it shall include those costs of an Association approved para-legal service.
(A) 34.01 Subject to the other provisions of this Article, a member :
(a) an employee charged with and finally acquitted but found not guilty of a criminal or statutory offence other federal offence, because of acts done in good faith in the performance or attempted performance of his employment or dutieshis/her duties as an employee, shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such charges.;
(Bb) Members shall an employee charged with but found not be indemnified for legal costs arising from the actions or omissions guilty 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"provincial offence, 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 good faith in the course performance of his employment or his/her duties he as an employee, shall be indemnified for up to five-thousand dollars ($5,000) of the necessary and reasonable legal costs incurred in the defence of such charges;
(c) an employee who has been designated as a subject officer in an investigation undertaken by the Special Investigations Unit shall be indemnified for the necessary and reasonable legal costs incurred in seeking advice and representation with respect to the defence of such an action investigation so long as the employee was acting in good faith in the following circumstances onlyperformance of his/her duties. Where the employee is subsequently charged with a statutory offence the provisions of 34.01(a) or (b) shall apply, as applicable;
(d) an employee who has been designated as a witness in an investigation undertaken by the Special Investigations Unit shall be indemnified for the necessary and reasonable legal costs incurred during the initial, on-site investigation by the SIU. Where more than one employee has been designated as a witness with respect to an SIU investigation, necessary and reasonable legal costs will be indemnified for one counsel collectively for all witness employees;
(e) where an employee is a defendant in a civil action for damages arising out of acts done in good faith in the performance of his/her duties, and a government lawyer (or in the case of an insured claim, counsel retained by the insurer) determines he/she is unable to act for the employee, the employee shall be indemnified for the necessary and reasonable legal costs incurred in defending the action, if the employee is not found to be liable. Any legal costs which are recovered by the employee in the action shall be deducted from the reimbursement; and
(f) where an employee's conduct has been called into question in the course of a Public Inquiry or a Coroner's Inquest and the employee was acting in good faith in the performance of his/her duties and counsel acting on behalf of the Employer determines he/she is unable to act for the employee, the employee shall be indemnified for the necessary and reasonable legal costs incurred in defending the action.
34.04 Employees shall not be indemnified for legal costs arising from:
(ia) where grievances or complaints under the Board is not joined Collective Agreement between the Employer and the Association or grievances as defined under Article 4.01(c);
(b) the actions or omissions of employees acting in the action their capacity as a party pursuant to s. 50 private citizens;
(c) proceedings under Part V 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
(iid) investigations and complaints under the Employer's Workplace Discrimination and Harassment Prevention (WDHP) policy. For the purposes of 34.01(a) and (b), an employee:
(a) shall be deemed to have been found not guilty where: he/she is finally acquitted; the charges are withdrawn; or he/she is discharged following a preliminary inquiry; and
(b) shall be deemed to have been found guilty where: he/she is given an absolute or conditional discharge; or he/she subsequently is found guilty of or pleads guilty to other charges arising out of the same incident(s).
(a) Applications for approval for legal indemnification shall be made in writing to the Commissioner or Commissioner's designee, as soon as the employee is aware of a legal proceeding in which he/she requires legal representation.
(b) Legal costs incurred prior to approval for legal indemnification will only be reimbursed where the Employer is satisfied that it was not possible in the opinion of circumstances for the employee to obtain prior approval and that the application for approval was made at the earliest opportunity.
(c) The employee shall enter into a written retainer agreement with counsel retained by the Chief employee. The form and substance of Police or the Board retainer, including the terms and conditions of the agreement, shall be subject to represent the York Regional Police, it would be improper for him to represent approval of the member and the Chief and/or the Board before that inquiryEmployer.
29.4 To qualify for financial assistance under 29.1(d) For the purposes of this Article, 29.2 or 29.3, "legal costs" shall be the member shall obtain actual costs disclosed on the Board's approval of accounts rendered by the legal counsel to be performing the work.
(e) Any account submitted by counsel retained by the member by application employee is subject to the Board through review and approval of the ChiefEmployer. In the event the Employer does not approve the actual costs disclosed on the account, the employee may have the account assessed on a solicitor and client basis by a court assessment officer. The Board's approval of counsel shall not be withheld unreasonablyEmployer will reimburse the employee for the fee charged to the employee for filing a request for an assessment with a court assessment officer.
29.5 34.05 For the purposes of this Article:
(a) The Board will not consider any application for legal costs shall be deemed to have been incurred by the employee notwithstanding that the employee may have received financial assistance which relates to from the legal representation of a member in connection with a grievance or complaint made under the provisions of the Police Services Act, 1990 of this Collective Agreement or for the legal defence of a member resulting from a discipline charge made under the Police Services Act, 1990, Regulations made under that Act and all amendments thereto.
29.6 Where an investigation is commenced under Part VII of the Police Services Act and it appears to the Chief of Police that a member requires legal counsel in responding to the investigation, the Chief of Police may arrange for legal counsel to provide counsel to the member in connection with the investigation of such terms as the Chief considers appropriate. As soon as practicable, the Chief shall bring his action and his recommendation to the attention of the Board who may approve or alter the terms of retention of such legal counsel or the Chief's recommendation Association in respect thereof. Neither the Board nor the Chief shall provide legal counsel after the completion of the investigation thereof or the laying of information(s), as Article 29 of the Civilian Collective Agreement is intended to govern such matters.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- negotiation by either the Board or that the Association when paid or incurred the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitration.
29.8 A member who becomes involved in a matter which may entitle him/her to legal indemnification under this clause is entitled to receive funds from the Board for a retainer and/or for interim payment of legal costs as reasonably requested by the member’s counsel to a maximum of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if the member is finally determined not to be eligible for indemnification in accordance with this Agreement.expenses directly; and
Appears in 1 contract
Samples: Uniform Collective Agreement
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 assistance under 29.1, 29.2 or 29.3, the member shall obtain the Board's approval of counsel to be retained by the member by application to the Board through the Chief. The Board's approval of counsel shall not be withheld unreasonably.
29.5 The Board will not consider any application for financial assistance which relates to the legal representation of a member in connection with a grievance or complaint made under the provisions of the Police Services Act, 1990 of this Collective Agreement or for the legal defence of a member resulting from a discipline charge made under the Police Services Act, 1990, Regulations made under that Act and all amendments thereto.
29.6 Where an investigation is commenced under Part VII of the Police Services Act and it appears to the Chief of Police that a member requires legal counsel in responding to the investigation, the Chief of Police may arrange for legal counsel to provide counsel to the member in connection with the investigation of such terms as the Chief considers appropriate. As soon as practicable, the Chief shall bring his action and his recommendation to the attention of the Board who may approve or alter the terms of retention of such legal counsel or the Chief's recommendation in respect thereof. Neither the Board nor the Chief shall provide legal counsel after the completion of the investigation or the laying of information(s), as Article 29 of the Civilian Collective Agreement is intended to govern such matters.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- negotiation by either the Board or the Association when the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitration.the
29.8 A member who becomes involved in a matter which may entitle him/her to legal indemnification under this clause is entitled to receive funds from the Board for a retainer and/or for interim payment of legal costs as reasonably requested by the member’s counsel to a maximum of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if the member is finally determined not to be eligible for indemnification in accordance with this Agreement.
Appears in 1 contract
Samples: Civilian Working Agreement
LEGAL INDEMNIFICATION. For the purposes of legal costs, it shall include those costs of an Association approved para-legal service.
(A) 15.01 Subject to the other provisions of this Articlearticle, a member an employee charged with and finally acquitted of a criminal or statutory offence because of acts done in the performance or attempted performance in good faith of his employment or duties, his/her duties shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such charges.
15.02 Notwithstanding Clause 15.01, the Employer may pay necessary and reasonable legal costs of an employee pleading or being found guilty of an offence described in Clause 15.01, where the court, instead of convicting the accused, grants him/her an absolute discharge, provided that the Employer considers that the member's actions in the course of performing his/her duties were motivated by an intent to do his/her lawful duty, and that such indemnification will not in the opinion of the Employer reduce respect for law enforcement to the community.
15.03 Where an employee intends to apply to the Employer for indemnification hereunder, the employee shall, within thirty (B30) Members days of being charged, apply in writing to the Employer for approval to retain counsel and approval of the counsel to be so retained.
15.04 For the purposes of this provision, a member 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 be "Finally Acquitted", where charges are withdrawn or where he is discharged following a preliminary inquiry; and shall be deemed not to have been "Finally Acquittedfinally acquitted" where the member is given an absolute or conditional discharge or where, if as a result of charges a charge laid he he/she is subsequently found guilty of, or pleads guilty to, other charges arising out of the same incident or incidents, but nothing in this clause will disentitle the member to consideration under Clause 15.02 hereof.
29.2 When a member 15.05 Where an employee is a defendant in a civil action for damages because of acts done in the course attempted performance in good faith of his employment or duties he his/her duties, as determined by the Employer, he/she shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such an action in and the following circumstances only:
(i) where the Board is not joined in the action as a party pursuant to s. 50 Employer at its sole discretion shall have carriage of the Police Services Actdefence. Where the employee intends to apply to the Employer for indemnification, 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 he/she shall do so within 15 days of the Board and the member is commencement 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 15.06 For the Coroner's Act a member's conduct is called into question because purposes of acts done in the performance of his dutiesthis provision, the member shall be indemnified for any "necessary and reasonable legal costs" shall be based on the account rendered by the solicitor performing the work, subject initially to the approval of the University Solicitor and, in the case of dispute between the solicitor doing the work and the University Solicitor, assessment of the account pursuant to the rules of civil procedure of Ontario.
15.07 For greater certainty, employees shall not be indemnified for legal costs directly arising from the protection actions or omissions 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) employees acting 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 inquirytheir capacity as private citizens.
29.4 To qualify for financial assistance under 29.1, 29.2 or 29.3, the member shall obtain the Board's approval of counsel to be retained by the member by application to the Board through the Chief. 15.08 The Board's approval of counsel shall not be withheld unreasonably.
29.5 The Board Employer will not consider any application for financial assistance which relates to the legal representation of a member exercise its rights in connection with a grievance or complaint made under the provisions of the Police Services Act, 1990 of this Collective Agreement or for the legal defence of a member resulting from a discipline charge made under the Police Services Act, 1990, Regulations made under that Act and all amendments thereto.
29.6 Where an investigation is commenced under Part VII of the Police Services Act and it appears to the Chief of Police that a member requires legal counsel in responding to the investigation, the Chief of Police may arrange for legal counsel to provide counsel to the member in connection with the investigation of such terms as the Chief considers appropriate. As soon as practicable, the Chief shall bring his action and his recommendation to the attention of the Board who may approve or alter the terms of retention of such legal counsel or the Chief's recommendation in respect thereof. Neither the Board nor the Chief shall provide legal counsel after the completion of the investigation or the laying of information(s), as Article 29 of the Civilian Collective Agreement is intended to govern such matters.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- negotiation by either the Board or the Association when the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitration.
29.8 A member who becomes involved 15.02 in a matter which may entitle him/her to legal indemnification under this clause is entitled to receive funds from the Board for a retainer and/or for interim payment of legal costs as reasonably requested by the member’s counsel to a maximum of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if the member is finally determined not to be eligible for indemnification in accordance with this Agreementdiscriminatory and arbitrary manner.
Appears in 1 contract
Samples: Collective Agreement
LEGAL INDEMNIFICATION. For the purposes of legal costs, it shall include those costs of an Association approved para-legal service.
(A) 49.1 Subject to the other provisions of this Article, a member charged with and finally acquitted of a criminal or statutory offence offence, because of acts done while on duty in the performance or attempted performance in good faith of his employment or duties, his/her duties as a police officer shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such chargescharges provided that such necessary and reasonable legal costs shall not exceed $260.00 per hour in respect of a lawyer performing the work, or $90.00 per hour in the event that a paralegal is performing the work.
(B) Members shall not be indemnified for legal costs arising from 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 omissions abuse 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 his/her powers 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 incidentspolice officer.
29.2 When 49.3 Where a member is a defendant in a civil action for damages because of acts done in the course attempted performance in good faith of his employment his/her duties as a police officer, and the action is not defended by the insurance carrier of the Regional Municipality of Niagara or duties he 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 i. Where the Board Chief of Police is not joined in the action as a party pursuant to s. section 50 of the Police Services Act, and or the Board Chief of Police does not defend the action on behalf of itself himself/herself and of the member as joint tortfeasors tort-feasors at the Board's sole expense;.
(ii) where . Where the Board Chief of Police is joined as a party or and the Board elects to defend the action, but the Solicitor solicitor retained on behalf of the Board and the member is of the view that it would be improper for him him/her to act for both the Board 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.
29.3 Where during 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 inquest inquiry initiated under Section 25 or Section 26 of the Coroner's Act a member's 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 Inquiries Act or a Royal Commission, because of acts done in the attempted performance in good faith of his dutiesa member's duties as a police officer, the member shall be indemnified by the Niagara Police Board for any the necessary and reasonable legal costs directly arising from incurred in representing his/her interests in such an inquiry on the protection following conditions:
49.4.1 Where one or more than one member of the member's Police Service is subpoenaed or requested to appear, other than the Chief of Police, in such a case there shall be only one counsel representing the members of the Police Service, excluding the Chief of Police, and;
49.4.2 Where the counsel representing the members of the Service, excluding the Chief of Police, is of the opinion that it would be improper for him/her to act for both the member and the other members of the Service, he/she shall notify the Board forthwith of such concerns. The Board shall decide if additional counsel shall be retained with respect to the indemnification provisions of this Article, and;
49.4.3 If the Board has retained counsel in such proceedings, the Board’s solicitor will provide advice to, and represent, any member or members who are requested to appear, or who are subpoenaed, or whose conduct is called into question for the reasons set out in 49.4 unless the Board’s solicitor determines that a conflict of interest at exists. If such inquiryconflict exists, but only ifthen the provisions of 49.4.1 and 49.4.2 apply. The Board shall decide, based on the advice of its solicitor, if additional counsel shall be retained with respect to the indemnification provisions of this article.
49.4.4 A member or members of the Service shall not be indemnified unless they are found not guilty of misconduct in the proceeding for which legal indemnification is sought.
49.4.5 A member or members of the Service shall not be indemnified for such legal costs if such indemnification, in the opinion of the Board, would reduce respect for law enforcement in the Regional Municipality of Niagara.
49.5 In the event that a member intends to apply to the Board for indemnification pursuant to the provisions of this Article, the following shall apply:
49.5.1 The member shall, within thirty (i30) days of being charged or of receiving notice of other legal proceedings provided for in this article, apply in writing to the Chief of Police or his designee for approval to retain counsel or a paralegal and for the Board does not provide approval of the counsel or paralegal to represent be so retained.
49.5.2 In the York Regional Policeevent of any dispute concerning the counsel or paralegal to be retained, at the Board's expense; or
(ii) in the opinion of counsel retained matter shall be resolved by an officer designated by the Chief of Police or and a member of the Board to represent the York Regional Police, it would be improper Association Executive designated for him to represent that purpose.
49.5.3 The application of the member and the Chief and/or the Board before that inquiry.for indemnification shall include:
29.4 To qualify for financial assistance under 29.1, 29.2 or 29.3, the member shall obtain the Board's approval of counsel to be retained i. a fee schedule provided by the member by application lawyer or paralegal setting out his or her hourly rate, and confirming that the fees will be charged at the lesser of the lawyer or paralegal’s normal hourly rate, or $260.00 for a lawyer or $90.00 for a paralegal;
ii. an estimate, where practicable, of the total charges that will be incurred in the matter, and
iii. the lawyer or xxxxxxxxx's undertaking to submit monthly statements to the Board through showing the Chieftime spent and the charges incurred on the file during the month. If the application is approved, the Board reserves the right to refuse payment of the lawyer or paralegal’s account if the counsel or paralegal fails to submit monthly statements in accordance with subparagraph (iii) above, provided that it has given 30 days written notice of its intention to do so to the lawyer or paralegal, with a copy to the Association, and the lawyer or paralegal has not remedied the situation prior to the expiry of the 30 days.
49.5.4 The Board's approval Board has the right to negotiate fees with the lawyer or paralegal to be retained, and the affected member has the right to be present during the fee negotiations.
49.5.5 There shall be a cap on the legal fees of counsel $260.00 per hour. In addition, a lawyer may charge for travel time at the rate of $130.00 per hour, to a maximum of four (4) hours per day.
49.6 For greater certainty, members shall not be withheld unreasonably.indemnified for legal costs arising from:
29.5 The Board will not consider any application for financial assistance which relates to the legal representation of a member in connection with a grievance 49.6.1 grievances or complaint made complaints under the provisions of the Police Services Act, 1990 of this Collective Agreement between the Board and the Association or for the legal defence of a member resulting from a discipline charge made under the Police Services Act, 1990, Regulations made ;
49.6.2 the actions or omissions of members acting in their capacity as private citizens;
49.6.3 discipline charges under that Act and all amendments thereto.
29.6 Where an investigation is commenced under Part VII of the Police Services Act and it appears Regulations.
49.7 For the purpose of this provision, a member shall not be deemed to be "finally acquitted" if, as a result of charges laid, he/she is subsequently found guilty of, or pleads guilty to, other charges arising out of the same incident or incidents.
49.8 For the purpose of this provision "necessary and reasonable legal costs" shall be based on the account rendered by the solicitor or paralegal performing the work, subject to taxation by an assessment officer of the Supreme Court of Ontario. If the General Counsel for the Association attends at a S.I.U. call outside normal business hours in circumstances where outside counsel is unavailable or there is a conflict that requires more than one counsel, the Association will be reimbursed at the rate of $150.00 per hour.
49.9 In the cases of aggravated assault, assault causing bodily harm or the included offence of ordinary assault, the indemnification referred to in clause 49.1 shall be limited to only those fees that would have reasonably been incurred if the matter was tried in Provincial Court unless the officer first obtains permission to elect to be tried by any other court. To obtain the said approval of the Board, the officer shall make an application in writing to the Chief of Police that and the decision shall be at the discretion of the Niagara Regional Police Services Board.
49.10 Subject to other provisions of this Article, a member requires legal counsel who is the Subject Officer in responding to the investigation, the Chief of Police a Special Investigations Unit (S.I.U.) investigation may arrange make application for legal counsel indemnification subject to provide counsel to and upon the member in connection with the investigation receipt of such terms as the Chief considers appropriate. As soon as practicable, the Chief shall bring his action and his a final determination or recommendation to the attention of the Board who may approve by S.I.U. that criminal charges or alter the terms of retention of such legal counsel other punitive actions will not be initiated or the Chief's recommendation in respect thereof. Neither the Board nor the Chief shall provide legal counsel after the completion of the investigation or the laying of information(s), as Article 29 of the Civilian Collective Agreement is intended to govern such matterspursued.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- negotiation by either the Board or the Association when the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitration.
29.8 49.11 A member who becomes involved is required as a witness by the Special Investigations Unit (S.I.U.) in the course of an investigation into the conduct of another member may make application for legal indemnification in respect of legal fees to be incurred by the member as a matter witness, and the payment of the legal indemnification shall be subject to the discretion of the Chief.
49.12 A member or members of the Service will be indemnified for the necessary and reasonable associated costs, including but not limited to, hotel, meals and airfare, which may entitle him/her result from any criminal, statutory or civil matters arising out of the member's deployment outside of the Region and/or to another Police Service or agency if the member is entitled to legal indemnification under this clause is entitled Agreement in relation to receive funds from the Board for a retainer and/or for interim payment of legal costs as reasonably requested by the member’s counsel to a maximum of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if the member is finally determined not to be eligible for indemnification in accordance with this Agreementsame matters.
Appears in 1 contract
Samples: Collective Agreement
LEGAL INDEMNIFICATION. For (1) The Board shall indemnify a Member of the purposes Police Service for reasonable legal costs incurred as a result of legal costsacts done while acting in good faith in the performance of his duties as a Police Officer with the former Woodstock Police Service, it shall include those costs Oxford Community Police Service, and /or current Woodstock Police Service:
(a) in the defence of an Association approved para-legal servicea civil action;
(b) in the defence of a criminal prosecution, excluding a criminal prosecution in which the Member is finally found guilty;
(c) in the defence of a statutory prosecution, in which the Member is not convicted of a statutory offence;
(d) in respect of any other proceedings in which the Member’s manner of execution of the duties of his or her employment was in issue.
(A2) Subject Notwithstanding clause (1) the Board may refuse payment otherwise authorized under clause (1) where the actions of the Member from which the charges arose amounted to the other provisions a dereliction of this Article, duty or abuse of his/her powers as a member charged with and finally acquitted of Police Officer.
(3) Where a criminal or statutory offence Member is a defendant in a civil action for damages because of acts done in the performance or attempted performance course of his employment or dutiesduties as a Police Officer with the former Woodstock Police Service, Oxford Community Police Service, and/or Woodstock Police Service shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such chargesan action 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.
(B4) Where a Member intends to apply to the Board for indemnification hereunder, the Member shall, within ten (10) days of being charged or receiving notice of other legal proceedings covered herein, apply in writing to the Chief of Police or to the officer designated by the Chief of Police to deal with such applications for approval to retain counsel and approval of the counsel to be so retained. In the event of any dispute concerning the counsel to be retained, the matter shall be resolved by an officer designated by the Chief and a Member of the Association Executive designated for that purpose.
(5) For greater certainty, Members shall not be indemnified for legal costs arising from from:
(a) grievances or complaints under the Collective Agreement between the Board and the Association or under the Police Services Act;
(b) the actions or omissions of members Members acting in their capacity as private citizens. ;
(c) proceedings and discipline charges under the Police Services Act and regulations.
(6) For the purpose purposes of Clause 29.1 (A) this provision, a Member: Member shall not be deemed to have been be "Finally Acquitted", where charges are withdrawn or where he is discharged following a preliminary inquiry; and shall be deemed not to have been "Finally Acquittedfinally 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 (7) For the purposes of acts done in the course of his employment or duties he shall be indemnified for the this provision, "necessary and reasonable legal costs" shall be based on the account rendered by the solicitor performing the work, subject to the approval of the Solicitor of the Board.
(8) Should the S.I.U. investigate the Members of the former Woodstock Police Service, Oxford Community Police Service, and/or current Woodstock Police Service the Board will cover the legal costs incurred for the first seventy-two (72) hours for any on duty actions resulting 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 actioninvestigation.
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 assistance under 29.1, 29.2 or 29.3, the member shall obtain the Board's approval of counsel to be retained by the member by application to the Board through the Chief. The Board's approval of counsel shall not be withheld unreasonably.
29.5 The Board will not consider any application for financial assistance which relates to the legal representation of a member in connection with a grievance or complaint made under the provisions of the Police Services Act, 1990 of this Collective Agreement or for the legal defence of a member resulting from a discipline charge made under the Police Services Act, 1990, Regulations made under that Act and all amendments thereto.
29.6 Where an investigation is commenced under Part VII of the Police Services Act and it appears to the Chief of Police that a member requires legal counsel in responding to the investigation, the Chief of Police may arrange for legal counsel to provide counsel to the member in connection with the investigation of such terms as the Chief considers appropriate. As soon as practicable, the Chief shall bring his action and his recommendation to the attention of the Board who may approve or alter the terms of retention of such legal counsel or the Chief's recommendation in respect thereof. Neither the Board nor the Chief shall provide legal counsel after the completion of the investigation or the laying of information(s), as Article 29 of the Civilian Collective Agreement is intended to govern such matters.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- negotiation by either the Board or the Association when the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitration.
29.8 A member who becomes involved in a matter which may entitle him/her to legal indemnification under this clause is entitled to receive funds from the Board for a retainer and/or for interim payment of legal costs as reasonably requested by the member’s counsel to a maximum of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if the member is finally determined not to be eligible for indemnification in accordance with this Agreement.
Appears in 1 contract
Samples: Uniform Contract
LEGAL INDEMNIFICATION. For the purposes of legal costs, it shall include those costs of an Association approved para-legal service.
(A) 49.1 Subject to the other provisions of this Article, a member charged with and finally acquitted of a criminal or statutory offence offence, because of acts done while on duty in the performance or attempted performance in good faith of his employment or duties, his/her duties as a police officer shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such chargescharges 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.
(B) Members shall not be indemnified for legal costs arising from 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 omissions abuse 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 his/her powers 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 incidentspolice officer.
29.2 When 49.3 Where a member is a defendant in a civil action for damages because of acts done in the course attempted performance in good faith of his employment his/her duties as a police officer, and the action is not defended by the insurance carrier of the Regional Municipality of Niagara or duties he 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 i. Where the Board Chief of Police is not joined in the action as a party pursuant to s. section 50 of the Police Services Act, and or the Board Chief of Police does not defend the action on behalf of itself himself/herself and of the member as joint tortfeasors tort-feasors at the Board's sole expense;.
(ii) where . Where the Board Chief of Police is joined as a party or and the Board elects to defend the action, but the Solicitor solicitor retained on behalf of the Board and the member is of the view that it would be improper for him him/her to act for both the Board 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.
29.3 Where during 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 inquest inquiry initiated under Section 25 or Section 26 of the Coroner's Act a member's 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 Inquiries Act or a Royal Commission, because of acts done in the attempted performance in good faith of his dutiesa member's duties as a police officer, shall be indemnified by the Niagara Police Board for the necessary and reasonable legal costs incurred in representing his/her interests in such an inquiry on the following conditions:
49.4.1 Where one or more than one member of the Police Service is subpoenaed or requested to appear, other than the Chief of Police, in such a case there shall be only one counsel representing the members of the Police Service, excluding the Chief of Police, and;
49.4.2 Where the counsel representing the members of the Service, excluding the Chief of Police, is of the opinion that it would be improper for him/her to act for both the member and the other members of the Service, he/she shall notify the Board forthwith of such concerns. The Board shall decide if additional counsel shall be retained with respect to the indemnification provisions of this Article, and;
49.4.3 If the Board has retained counsel in such proceedings, the Board’s solicitor will provide advice to, and represent, any member or members who are requested to appear, or who are subpoenaed, or whose conduct is called into question for the reasons set out in 49.4 unless the Board’s solicitor determines that a conflict of interest exists. If such conflict exists, then the provisions of 49.4.1 and 49.4.2 apply. The Board shall decide, based on the advice of its solicitor, if additional counsel shall be retained with respect to the indemnification provisions of this article.
49.4.4 A member or members of the Service shall not be indemnified unless they are found not guilty of misconduct in the proceeding for which legal indemnification is sought.
49.4.5 A member or members of the Service shall not be indemnified for such legal costs if such indemnification, in the opinion of the Board, would reduce respect for law enforcement in the Regional Municipality of Niagara.
49.5 In the event that a member intends to apply to the Board for indemnification pursuant to the provisions of this Article, the following shall apply:
49.5.1 The member shall, within thirty (30) days of being charged or of receiving notice of other legal proceedings provided for in this article, apply in writing to the Chief of Police or his designee for approval to retain counsel or a paralegal and for the approval of the counsel or paralegal to be so retained.
49.5.2 In the event of any dispute concerning the counsel or paralegal to be retained, the matter shall be resolved by an officer designated by the Chief of Police and a member of the Association Executive designated for that purpose.
49.5.3 The application of the member for indemnification shall include:
i. a fee schedule provided by the lawyer or paralegal setting out his or her hourly rate, and confirming that the fees will be charged at the lesser of the lawyer or paralegal’s normal hourly rate, or $260.00 for a lawyer, increasing to $275.00 per hour effective August 8, 2013 or $90.00 for a paralegal;
ii. an estimate, where practicable, of the total charges that will be incurred in the matter, and
iii. the lawyer or xxxxxxxxx's undertaking to submit monthly statements to the Board showing the time spent and the charges incurred on the file during the month. If the application is approved, the Board reserves the right to refuse payment of the lawyer or paralegal’s account if the counsel or paralegal fails to submit monthly statements in accordance with subparagraph (iii) above, provided that it has given 30 days written notice of its intention to do so to the lawyer or paralegal, with a copy to the Association, and the lawyer or paralegal has not remedied the situation prior to the expiry of the 30 days.
49.5.4 The Board has the right to negotiate fees with the lawyer or paralegal to be retained, and the affected member has the right to be present during the fee negotiations.
49.5.5 There shall be a cap on the legal fees of $260.00 per hour, increasing to $275.00 per hour effective August 8, 2013. In addition, a lawyer may charge for travel time at the rate of $130.00 per hour, to a maximum of four (4) hours per day.
49.6 For greater certainty, members shall not be indemnified for legal costs arising from:
49.6.1 grievances or complaints under the Collective Agreement between the Board and the Association or under the Police Services Act;
49.6.2 the actions or omissions of members acting in their capacity as private citizens;
49.6.3 discipline charges under the Police Services Act and Regulations.
49.7 For the purpose of this provision, a member shall not be deemed to be "finally acquitted" if, as a result of charges laid, he/she is subsequently found guilty of, or pleads guilty to, other charges arising out of the same incident or incidents.
49.8 For the purpose of this provision "necessary and reasonable legal costs" shall be based on the account rendered by the solicitor or paralegal performing the work, subject to taxation by an assessment officer of the Supreme Court of Ontario. If the General Counsel for the Association attends at a S.I.U. call outside normal business hours in circumstances where outside counsel is unavailable or there is a conflict that requires more than one counsel, the Association will be reimbursed at the rate of $150.00 per hour.
49.9 In the cases of aggravated assault, assault causing bodily harm or the included offence of ordinary assault, the indemnification referred to in clause 49.1 shall be limited to only those fees that would have reasonably been incurred if the matter was tried in Provincial Court unless the officer first obtains permission to elect to be tried by any other court. To obtain the said approval of the Board, the officer shall make an application in writing to the Chief of Police and the decision shall be at the discretion of the Niagara Regional Police Services Board.
49.10 Subject to other provisions of this Article, a member who is the Subject Officer in a Special Investigations Unit (S.I.U.) investigation may make application for legal indemnification subject to and upon the receipt of a final determination or recommendation by S.I.U. that criminal charges or other punitive actions will not be initiated or pursued.
49.11 A member who is required as a witness by the Special Investigations Unit (S.I.U.) in the course of an investigation into the conduct of another member shall be indemnified for any the necessary legal costs incurred by the member as a witness.
49.12 A member or members of the Service will be indemnified for the necessary and reasonable legal costs directly associated costs, including but not limited to, hotel, meals and airfare, which result from any criminal, statutory or civil matters arising from the protection out of the member's interest at such inquiry, but only if:
(i) deployment outside of the Chief of Region and/or to another Police Service 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 agency if the member and the Chief and/or the Board before that inquiry.
29.4 To qualify for financial assistance under 29.1, 29.2 or 29.3, the member shall obtain the Board's approval of counsel to be retained by the member by application to the Board through the Chief. The Board's approval of counsel shall not be withheld unreasonably.
29.5 The Board will not consider any application for financial assistance which relates to the legal representation of a member in connection with a grievance or complaint made under the provisions of the Police Services Act, 1990 of this Collective Agreement or for the legal defence of a member resulting from a discipline charge made under the Police Services Act, 1990, Regulations made under that Act and all amendments thereto.
29.6 Where an investigation is commenced under Part VII of the Police Services Act and it appears to the Chief of Police that a member requires legal counsel in responding to the investigation, the Chief of Police may arrange for legal counsel to provide counsel to the member in connection with the investigation of such terms as the Chief considers appropriate. As soon as practicable, the Chief shall bring his action and his recommendation to the attention of the Board who may approve or alter the terms of retention of such legal counsel or the Chief's recommendation in respect thereof. Neither the Board nor the Chief shall provide legal counsel after the completion of the investigation or the laying of information(s), as Article 29 of the Civilian Collective Agreement is intended to govern such matters.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- negotiation by either the Board or the Association when the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitration.
29.8 A member who becomes involved in a matter which may entitle him/her entitled to legal indemnification under this clause is entitled Agreement in relation to receive funds from the Board for a retainer and/or for interim payment of legal costs as reasonably requested by the member’s counsel to a maximum of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if the member is finally determined not to be eligible for indemnification in accordance with this Agreementsame matters.
Appears in 1 contract
Samples: Collective Agreement
LEGAL INDEMNIFICATION. For the purposes of legal costs, it shall include those costs of an Association approved para-legal service.
(A) 23.1 Subject to the other provisions of this Article, a civilian member of the Saugeen Shores Police Service charged with and finally acquitted of a criminal or statutory offence offence, because of acts done while working for the Saugeen Shores Police Service in the performance or attempted performance in good faith of his employment or duties, his/her roles and responsibilities as specifically enumerated within the policies and procedures of the Saugeen Shores Police Service 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 23.2 Where a member is a defendant in a civil action for damages because of acts done in the course attempted performance in good faith of his employment or duties he his/her roles and responsibilities as specifically enumerated within the policies and procedures of the Saugeen Shores Police Service, 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 Board is not joined in the action as a party pursuant to s. section 50 (1) of the Police Services ActXxx 0000, and the Board does not defend the action on behalf of itself the Board and of the member as joint tortfeasors tort feasors at the Board's sole expense;.
(ii) 23.3 Notwithstanding Articles 23.1 and 23.2, the Board may refuse payment otherwise authorized under Articles 23.1 and 23.2 where the Board is joined as a party or elects to defend the action, but the Solicitor retained on behalf actions of the Board member from which the charges/civil action arose amounted to a gross dereliction and/or abuse of his/her roles and responsibilities as specifically enumerated within the member is policies and procedures of the view that it would be improper for him to act for both the Board and the member in that actionSaugeen Shores Police Service.
29.3 23.4 a) Where during an inquest under the Coroner's Coroners Act a member's conduct is called into question because of acts done in the attempted performance of his dutieshis/her roles and responsibilities as specifically enumerated within the policies and procedures of the Saugeen Shores Police Service, the member shall be indemnified for any necessary and reasonable legal costs directly arising from the protection of the member's interest at such inquiryenquiry, but only if:
(i) the Chief of Police or the Board does not provide counsel to represent the York Regional PoliceService, 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 PoliceService, it would be improper for him him/her to represent the member and the Chief and/or the Board before that inquiry.
29.4 To qualify for financial assistance under 29.1, 29.2 or 29.3, the member shall obtain the Board's approval of counsel to be retained by the member by application to the Board through the Chief. The Board's approval of counsel shall not be withheld unreasonably.
29.5 The Board will not consider any application for financial assistance which relates to the legal representation of a member in connection with a grievance or complaint made under the provisions of the Police Services Act, 1990 of this Collective Agreement or for the legal defence of a member resulting from a discipline charge made under the Police Services Act, 1990, Regulations made under that Act and all amendments thereto.
29.6 Where an investigation is commenced under Part VII of the Police Services Act and it appears to the Chief of Police that a member requires legal counsel in responding to the investigation, the Chief of Police may arrange for legal counsel to provide counsel to the member in connection with the investigation of such terms as the Chief considers appropriate. As soon as practicable, the Chief shall bring his action and his recommendation to the attention of the Board who may approve or alter the terms of retention of such legal counsel or the Chief's recommendation in respect thereof. Neither the Board nor the Chief shall provide legal counsel after the completion of the investigation or the laying of information(s), as Article 29 of the Civilian Collective Agreement is intended to govern such matters.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- negotiation by either the Board or the Association when the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitration.
29.8 A member who becomes involved in a matter which may entitle him/her to legal indemnification under this clause is entitled to receive funds from the Board for a retainer and/or for interim payment of legal costs as reasonably requested by the member’s counsel to a maximum of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if the member is finally determined not to be eligible for indemnification in accordance with this Agreement.
Appears in 1 contract
Samples: Civilian Collective Agreement
LEGAL INDEMNIFICATION. For the purposes of legal costs, it shall include those costs of an Association approved para-legal service.
(A) 49.1 Subject to the other provisions of this Article, a member charged with and finally acquitted of a criminal or statutory offence offence, because of acts done while on duty in the performance or attempted performance in good faith of his employment or duties, his/her duties as a police officer shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such chargescharges provided that such necessary and reasonable legal costs shall not exceed $275.00 per hour effective August 8, 2013, increasing to $325.00 per hour effective April 11, 2017, and increasing to $350.00 effective January 1, 2018. In respect of a lawyer performing the work, or $90.00 per hour in the event that a paralegal is performing the work.
(B) Members shall not be indemnified for legal costs arising from 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 omissions abuse 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 his/her powers 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 incidentspolice officer.
29.2 When 49.3 Where a member is a defendant in a civil action for damages because of acts done in the course attempted performance in good faith of his employment his/her duties as a police officer (which for the purposes of this article include Human Rights Tribunal Applications), and the action is not defended by the insurance carrier of the Regional Municipality of Niagara or duties he 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 i. Where the Board Chief of Police is not joined in the action as a party pursuant to s. section 50 of the Police Services Act, and or the Board Chief of Police does not defend the action on behalf of itself himself/herself and of the member as joint tortfeasors tort-feasors at the Board's sole expense;.
(ii) where . Where the Board Chief of Police is joined as a party or and the Board elects to defend the action, but the Solicitor solicitor retained on behalf of the Board and the member is of the view that it would be improper for him him/her to act for both the Board 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.
29.3 Where during 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 inquest inquiry initiated under Section 25 or Section 26 of the Coroner's Act a member's 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 Inquiries Act or a Royal Commission, because of acts done in the attempted performance in good faith of his dutiesa member's duties as a police officer, shall be indemnified by the Niagara Police Board for the necessary and reasonable legal costs incurred in representing his/her interests in such an inquiry on the following conditions:
49.4.1 In a case where one or more than one member of the Association is subpoenaed or requested to appear and the Board does not retain counsel pursuant to section 49.4.3, there shall be only one counsel representing the members of the Association who shall be retained by the Association except in the course of an inquiry under the Coroner’s Act where the Police Services Board will be represented by the Board appointed lawyer and the members of the Association shall be represented by an Association appointed lawyer, and;
49.4.2 In inquires where the counsel representing the members of the Association pursuant to section 49.4.1 is of the opinion that it would be improper for him/her to act for multiple members of the Association, he/she shall notify the Board forthwith of such concerns and the Board shall consider the advice of the solicitor and decide, acting reasonably, whether to provide indemnification to the Association for the costs to retain additional counsel, and;
49.4.3 In cases other than in the course of an inquiry under the Coroner’s Act, where the Board has retained counsel in such proceedings to provide advice to, and represent, any member or members of the Association who are requested to appear, or who are subpoenaed, or whose conduct is called into question for the reasons set out in 49.4, such solicitor will provide such legal services to members of the Association unless the Board’s solicitor determines that a conflict of interest exists. If such conflict exists, the solicitor will notify the Board and the Association forthwith of such concerns and the Board shall consider the advice of their solicitor and decide, acting reasonably, whether to provide indemnification to the Association for the costs to retain additional counsel as may be necessary. In such case, the provisions of 49.4.1 and 49.4.2 shall apply.
49.4.4 A member or members of the Service shall not be indemnified unless they are found not guilty of misconduct in the criminal or statutory offence proceeding for which legal indemnification is sought.
49.4.5 A member or members of the Service shall not be indemnified for such legal costs if such indemnification, in the opinion of the Board, would reduce respect for law enforcement in the Regional Municipality of Niagara.
49.5 In the event that a member intends to apply to the Board for indemnification pursuant to the provisions of this Article, the following shall apply:
49.5.1 The member shall, within thirty (30) days of being charged or of receiving notice of other legal proceedings provided for in this article, apply in writing to the Chief of Police or his designee for approval to retain counsel or a paralegal and for the approval of the counsel or paralegal to be so retained.
49.5.2 In the event of any dispute concerning the counsel or paralegal to be retained, the matter shall be resolved by an officer designated by the Chief of Police and a member of the Association Executive designated for that purpose.
49.5.3 The application of the member for indemnification shall include:
i. a fee schedule provided by the lawyer or paralegal setting out his or her hourly rate, and confirming that the fees will be charged at the lesser of the lawyer or paralegal’s normal hourly rate, or the applicable fees set out in section 49.1 above;
ii. an estimate, where practicable, of the total charges that will be incurred in the matter, and
iii. the lawyer or paralegal's undertaking to submit monthly statements to the Board showing the time spent and the charges incurred on the file during the month. If the application is approved, the Board reserves the right to refuse payment of the lawyer or paralegal’s account if the counsel or paralegal fails to submit monthly statements in accordance with subparagraph (iii) above, provided that it has given 30 days written notice of its intention to do so to the lawyer or paralegal, with a copy to the Association, and the lawyer or paralegal has not remedied the situation prior to the expiry of the 30 days.
49.5.4 The Board has the right to negotiate fees with the lawyer or paralegal to be retained, and the affected member has the right to be present during the fee negotiations.
49.5.5 There shall be a cap on the legal fees in the amounts referenced in section 49.1 above. In addition, a lawyer may charge for travel time at the rate of $130.00 per hour, to a maximum of four (4) hours per day.
49.6 For greater certainty, members shall not be indemnified for legal costs arising from:
49.6.1 grievances or complaints under the Collective Agreement between the Board and the Association or under the Police Services Act;
49.6.2 the actions or omissions of members acting in their capacity as private citizens;
49.6.3 discipline charges under the Police Services Act and Regulations.
49.7 For the purpose of this provision, a member shall not be deemed to be "finally acquitted" if, as a result of charges laid, he/she is subsequently found guilty of, or pleads guilty to, other charges arising out of the same incident or incidents.
49.8 For the purpose of this provision "necessary and reasonable legal costs" shall be based on the account rendered by the solicitor or paralegal performing the work, subject to taxation by an assessment officer of the Supreme Court of Ontario. If the General Counsel for the Association attends at a S.I.U. call outside normal business hours in circumstances where outside counsel is unavailable or there is a conflict that requires more than one counsel, the Association will be reimbursed at the rate of $150.00 per hour.
49.9 In the cases of aggravated assault, assault causing bodily harm or the included offence of ordinary assault, the indemnification referred to in clause 49.1 shall be limited to only those fees that would have reasonably been incurred if the matter was tried in Provincial Court unless the officer first obtains permission to elect to be tried by any other court. To obtain the said approval of the Board, the officer shall make an application in writing to the Chief of Police and the decision shall be at the discretion of the Niagara Regional Police Services Board.
49.10 Subject to other provisions of this Article, a member who is the Subject Officer in a Special Investigations Unit (S.I.U.) investigation may make application for legal indemnification subject to and upon the receipt of a final determination or recommendation by S.I.U. that criminal charges or other punitive actions will not be initiated or pursued.
49.11 A member who is required as a witness by the Special Investigations Unit (S.I.U.) in the course of an investigation into the conduct of another member shall be indemnified for any the necessary legal costs incurred by the member as a witness.
49.12 A member or members of the Service will be indemnified for the necessary and reasonable legal costs directly associated costs, including but not limited to, hotel, meals and airfare, which result from any criminal, statutory or civil matters arising from the protection out of the member's interest at such inquiry, but only if:
(i) deployment outside of the Chief of Region and/or to another Police Service 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 agency if the member and the Chief and/or the Board before that inquiry.
29.4 To qualify for financial assistance under 29.1, 29.2 or 29.3, the member shall obtain the Board's approval of counsel to be retained by the member by application to the Board through the Chief. The Board's approval of counsel shall not be withheld unreasonably.
29.5 The Board will not consider any application for financial assistance which relates to the legal representation of a member in connection with a grievance or complaint made under the provisions of the Police Services Act, 1990 of this Collective Agreement or for the legal defence of a member resulting from a discipline charge made under the Police Services Act, 1990, Regulations made under that Act and all amendments thereto.
29.6 Where an investigation is commenced under Part VII of the Police Services Act and it appears to the Chief of Police that a member requires legal counsel in responding to the investigation, the Chief of Police may arrange for legal counsel to provide counsel to the member in connection with the investigation of such terms as the Chief considers appropriate. As soon as practicable, the Chief shall bring his action and his recommendation to the attention of the Board who may approve or alter the terms of retention of such legal counsel or the Chief's recommendation in respect thereof. Neither the Board nor the Chief shall provide legal counsel after the completion of the investigation or the laying of information(s), as Article 29 of the Civilian Collective Agreement is intended to govern such matters.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- negotiation by either the Board or the Association when the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitration.
29.8 A member who becomes involved in a matter which may entitle him/her entitled to legal indemnification under this clause is entitled Agreement in relation to receive funds from the Board for a retainer and/or for interim payment of legal costs as reasonably requested by the member’s counsel to a maximum of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if the member is finally determined not to be eligible for indemnification in accordance with this Agreementsame matters.
Appears in 1 contract
Samples: Collective Agreement
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 offence, of acts done in the performance or attempted performance i n good faith of his employment or the member's police duties, shall be indemnified for the necessary and reasonable legal costs incurred in i n the defence defense of such charges.
(B) Members shall not be indemnified for . Notwithstanding clause the Board may authorize payment of necessary and reasonable legal costs arising from of a member pleading or being found guilty of an offence described i n where court, instead of convicting the accused, grants the member an absolute provided that the Board accepts the of the Chief of or design the :actions- course of e duties were-motivated by an to do that such actions do not constitute any of the actions or omissions i n hereof, and that such indemnification w i l l not i n the opinion of members acting the Board reduce respect for law enforcement in their capacity as private citizensRegion. For Notwithstanding clause 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" Board may refuse payment otherwise authorized under clause 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 actions of the same incident member from which the charges arose amounted to a gross dereliction of duty or incidents.
29.2 When deliberate abuse of the member's position. Where a member is i s a defendant in i n a civil action for damages because of acts done in i n the course attempted performance i n good faith of his employment or duties he the member's police duties, the member shall be indemnified for the necessary and reasonable legal costs incurred in the defence defense of such an action in i n the following circumstances only:
(i) where : Where the Board is Chief of Police i s not joined in the action as a party pursuant to s. 50 of section the Police Services Act, and the Board Chief of Police does not defend the action on their behalf and of itself and the member as joint tortfeasors at the Board's sole expense;
(ii) where . Where the Board is Chief of Police i s joined as a party or elects to defend the action, but the Solicitor solicitor retained on behalf of the Board Chief of Police and the member is i s of the view that it would be improper for him the solicitor to act for both the Board Chief of Police 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 assistance under 29.1, 29.2 or 29.3, the member shall obtain the Board's approval of counsel to be retained by the member by application to the Board through the Chief. The Board's approval of counsel shall not be withheld unreasonably.
29.5 The Board will not consider any application for financial assistance which relates to the legal representation of a member in connection with a grievance or complaint made under the provisions of the Police Services Act, 1990 of this Collective Agreement or for the legal defence of a member resulting from a discipline charge made under the Police Services Act, 1990, Regulations made under that Act and all amendments thereto.
29.6 Where an investigation is commenced under Part VII of the Police Services Act and it appears to the Chief of Police that a member requires legal counsel in responding to the investigation, the Chief of Police may arrange for legal counsel to provide counsel to the member in connection with the investigation of such terms as the Chief considers appropriate. As soon as practicable, the Chief shall bring his action and his recommendation to the attention of the Board who may approve or alter the terms of retention of such legal counsel or the Chief's recommendation in respect thereof. Neither the Board nor the Chief shall provide legal counsel after the completion of the investigation or the laying of information(s), as Article 29 of the Civilian Collective Agreement is intended to govern such matters.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- negotiation by either the Board or the Association when the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitration.
29.8 A member who becomes involved in a matter which may entitle him/her to legal indemnification under this clause is entitled to receive funds from the Board for a retainer and/or for interim payment of legal costs as reasonably requested by the member’s counsel to a maximum of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if the member is finally determined not to be eligible for indemnification in accordance with this Agreement.
Appears in 1 contract
Samples: Civilian Collective Agreement
LEGAL INDEMNIFICATION. For the purposes of legal costs, it shall include those costs of an Association approved para-legal service.
(A) 49.1 Subject to the other provisions of this Article, a member charged with and finally acquitted of a criminal or statutory offence offence, because of acts done while on duty in the performance or attempted performance in good faith of his employment or duties, his/her duties as a police officer shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such chargescharges provided that such necessary and reasonable legal costs shall not exceed $260.00 per hour in respect of a lawyer performing the work, or $90.00 per hour in the event that a paralegal is performing the work.
(B) Members shall not be indemnified for legal costs arising from 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 omissions abuse 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 his/her powers 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 incidentspolice officer.
29.2 When 49.3 Where a member is a defendant in a civil action for damages because of acts done in the course attempted performance in good faith of his employment his/her duties as a police officer, and the action is not defended by the insurance carrier of the Regional Municipality of Niagara or duties he 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 i. Where the Board Chief of Police is not joined in the action as a party pursuant to s. section 50 of the Police Services Act, and or the Board Chief of Police does not defend the action on behalf of itself himself/herself and of the member as joint tortfeasors tort-feasors at the Board's sole expense;.
(ii) where . Where the Board Chief of Police is joined as a party or and the Board elects to defend the action, but the Solicitor solicitor retained on behalf of the Board and the member is of the view that it would be improper for him him/her to act for both the Board 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.
29.3 Where during 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 inquest inquiry initiated under Section 25 or Section 26 of the Coroner's Act a member's 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 Inquiries Act or a Royal Commission, because of acts done in the attempted performance in good faith of his dutiesa member's duties as a police officer, the member shall be indemnified by the Niagara Police Board for any the necessary and reasonable legal costs directly arising from incurred in representing his/her interests in such an inquiry on the protection following conditions:
49.4.1 Where one or more than one member of the member's Police Service is subpoenaed or requested to appear, other than the Chief of Police, in such a case there shall be only one counsel representing the members of the Police Service, excluding the Chief of Police, and;
49.4.2 Where the counsel representing the members of the Service, excluding the Chief of Police, is of the opinion that it would be improper for him/her to act for both the member and the other members of the Service, he/she shall notify the Board forthwith of such concerns. The Board shall decide if additional counsel shall be retained with respect to the indemnification provisions of this Article, and;
49.4.3 If the Board has retained counsel in such proceedings, the Board’s solicitor will provide advice to, and represent, any member or members who are requested to appear, or who are subpoenaed, or whose conduct is called into question for the reasons set out in 49.4 unless the Board’s solicitor determines that a conflict of interest at exists. If such inquiryconflict exists, but only ifthen the provisions of 49.4.1 and 49.4.2 apply. The Board shall decide, based on the advice of its solicitor, if additional counsel shall be retained with respect to the indemnification provisions of this article.
49.4.4 A member or members of the Service shall not be indemnified unless they are found not guilty of misconduct in the proceeding for which legal indemnification is sought.
49.4.5 A member or members of the Service shall not be indemnified for such legal costs if such indemnification, in the opinion of the Board, would reduce respect for law enforcement in the Regional Municipality of Niagara.
49.5 In the event that a member intends to apply to the Board for indemnification pursuant to the provisions of this Article, the following shall apply:
49.5.1 The member shall, within thirty (i30) days of being charged or of receiving notice of other legal proceedings provided for in this article, apply in writing to the Chief of Police or his designee for approval to retain counsel or a paralegal and for the Board does not provide approval of the counsel or paralegal to represent be so retained.
49.5.2 In the York Regional Policeevent of any dispute concerning the counsel or paralegal to be retained, at the Board's expense; or
(ii) in the opinion of counsel retained matter shall be resolved by an officer designated by the Chief of Police or and a member of the Board to represent the York Regional Police, it would be improper Association Executive designated for him to represent that purpose.
49.5.3 The application of the member and the Chief and/or the Board before that inquiry.for indemnification shall include:
29.4 To qualify for financial assistance under 29.1, 29.2 or 29.3, the member shall obtain the Board's approval of counsel to be retained i. a fee schedule provided by the member by application lawyer or paralegal setting out his or her hourly rate, and confirming that the fees will be charged at the lesser of the lawyer or paralegal’s normal hourly rate, or $260.00 for a lawyer or $90.00 for a paralegal;
ii. an estimate, where practicable, of the total charges that will be incurred in the matter, and
iii. the lawyer or paralegal's undertaking to submit monthly statements to the Board through showing the Chieftime spent and the charges incurred on the file during the month. If the application is approved, the Board reserves the right to refuse payment of the lawyer or paralegal’s account if the counsel or paralegal fails to submit monthly statements in accordance with subparagraph (iii) above, provided that it has given 30 days written notice of its intention to do so to the lawyer or paralegal, with a copy to the Association, and the lawyer or paralegal has not remedied the situation prior to the expiry of the 30 days.
49.5.4 The Board's approval Board has the right to negotiate fees with the lawyer or paralegal to be retained, and the affected member has the right to be present during the fee negotiations.
49.5.5 There shall be a cap on the legal fees of counsel $260.00 per hour. In addition, a lawyer may charge for travel time at the rate of $130.00 per hour, to a maximum of four (4) hours per day.
49.6 For greater certainty, members shall not be withheld unreasonably.indemnified for legal costs arising from:
29.5 The Board will not consider any application for financial assistance which relates to the legal representation of a member in connection with a grievance 49.6.1 grievances or complaint made complaints under the provisions of the Police Services Act, 1990 of this Collective Agreement between the Board and the Association or for the legal defence of a member resulting from a discipline charge made under the Police Services Act, 1990, Regulations made ;
49.6.2 the actions or omissions of members acting in their capacity as private citizens;
49.6.3 discipline charges under that Act and all amendments thereto.
29.6 Where an investigation is commenced under Part VII of the Police Services Act and it appears Regulations.
49.7 For the purpose of this provision, a member shall not be deemed to be "finally acquitted" if, as a result of charges laid, he/she is subsequently found guilty of, or pleads guilty to, other charges arising out of the same incident or incidents.
49.8 For the purpose of this provision "necessary and reasonable legal costs" shall be based on the account rendered by the solicitor or paralegal performing the work, subject to taxation by an assessment officer of the Supreme Court of Ontario. If the General Counsel for the Association attends at a S.I.U. call outside normal business hours in circumstances where outside counsel is unavailable or there is a conflict that requires more than one counsel, the Association will be reimbursed at the rate of $150.00 per hour.
49.9 In the cases of aggravated assault, assault causing bodily harm or the included offence of ordinary assault, the indemnification referred to in clause 49.1 shall be limited to only those fees that would have reasonably been incurred if the matter was tried in Provincial Court unless the officer first obtains permission to elect to be tried by any other court. To obtain the said approval of the Board, the officer shall make an application in writing to the Chief of Police that and the decision shall be at the discretion of the Niagara Regional Police Services Board.
49.10 Subject to other provisions of this Article, a member requires legal counsel who is the Subject Officer in responding to the investigation, the Chief of Police a Special Investigations Unit (S.I.U.) investigation may arrange make application for legal counsel indemnification subject to provide counsel to and upon the member in connection with the investigation receipt of such terms as the Chief considers appropriate. As soon as practicable, the Chief shall bring his action and his a final determination or recommendation to the attention of the Board who may approve by S.I.U. that criminal charges or alter the terms of retention of such legal counsel other punitive actions will not be initiated or the Chief's recommendation in respect thereof. Neither the Board nor the Chief shall provide legal counsel after the completion of the investigation or the laying of information(s), as Article 29 of the Civilian Collective Agreement is intended to govern such matterspursued.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- negotiation by either the Board or the Association when the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitration.
29.8 49.11 A member who becomes involved is required as a witness by the Special Investigations Unit (S.I.U.) in the course of an investigation into the conduct of another member may make application for legal indemnification in respect of legal fees to be incurred by the member as a matter witness, and the payment of the legal indemnification shall be subject to the discretion of the Chief.
49.12 A member or members of the Service will be indemnified for the necessary and reasonable associated costs, including but not limited to, hotel, meals and airfare, which may entitle him/her result from any criminal, statutory or civil matters arising out of the member's deployment outside of the Region and/or to another Police Service or agency if the member is entitled to legal indemnification under this clause is entitled Agreement in relation to receive funds from the Board for a retainer and/or for interim payment of legal costs as reasonably requested by the member’s counsel to a maximum of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if the member is finally determined not to be eligible for indemnification in accordance with this Agreementsame matters.
Appears in 1 contract
Samples: Collective Agreement
LEGAL INDEMNIFICATION. For
25.1 The Board shall, in accordance with this ARTICLE 25, indemnify a member of the purposes Police Services for the necessary and reasonable costs incurred,
a. in the defense of legal costsa civil action, it shall include those costs if the member is not found liable;
b. in the defense of a criminal prosecution, if the member is found not guilty;
c. in respect to any other proceedings in which the member’s manner of execution of the duties of his/her employment was an Association approved para-legal serviceissue, if the member is found to have acted in good faith.
(A) 25.2 Subject to the other provisions of this ArticleARTICLE 25, 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 dutieshis/her duties as a Police Officer, shall be indemnified for the necessary and reasonable legal costs incurred in the defence defense of such charges. However, notwithstanding ARTICLE 25.1, the Board may refuse payment otherwise authorized under ARTICLE 25.1 where the actions of the manner from which the charges arose amounted to a gross dereliction of duty or deliberate abuse of his/her power as a Police Officer.
(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 25.3 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, he/she shall be indemnified for the necessary and reasonable costs incurred in the defense of such an action in the following circumstances only:
a. where the Board and/or Chief of Police is not joined in the action as party pursuant to the Police Services Act, R. S. O. 1990, and the Board does not defend the action on behalf of the Board and/or Chief of Police and the member as joint tort feasor at the Board’s sole expense or,
b. where the Board and/or Chief of Police and the member is joined as a party or elects to defend the actions, but the solicitor retained by the Board is of the opinion that it would be improper to act for any of the parties in that action.
25.4 A member whose conduct is called in to question in the course of his employment or an inquiry under the Coroner’s Act because of acts done in the attempted performance in good faith for his/her duties he as a Police Officer shall be indemnified for the necessary and reasonable legal costs incurred in the defence of representing his/her interest in any such an action inquest in the following circumstances only:
(i) a. 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, member at the inquest at the Board's expense; ’s expense or,
(ii) in b. where the opinion of counsel retained provided by the Chief of Police or the Board to represent the York Regional Police, Board and/or the Chief of Police along with the member is of the opinion that it would be improper for him him/her to represent act for both the Board or the Chief of Police and the member and the Chief and/or in that action.
25.5 Where a member intends to apply to the Board before that inquiry.
29.4 To qualify for financial assistance under 29.1, 29.2 or 29.3indemnification as provided for in ARTICLE 25, the member shall obtain shall, within thirty (30) calendar days of being charged or receiving notice of other legal proceedings covered herein, or receiving notice that he/she will not be represented by counsel retained by the Board's , apply in writing to the Board for approval to retain counsel and approval of the counsel to be retained. Such approval shall not be unreasonably denied. Counsel retained by the member must carry on a practice with a 150 kilometer range of the Town of Saugeen Shores as determined by application to the kilometric distance as set out in an official Ontario road map. With the approval of the Board through the Chief150 kilometric distance may be extended. The Board's approval In an emergency, for the purpose of immediate consultation and where the Board is unavailable, counsel may be retained from outside the 150 kilometer range.
25.6 For greater certainty, members shall not be withheld unreasonably.indemnified for legal costs arising from:
29.5 The Board will not consider any application for financial assistance which relates to the legal representation of a member in connection with a grievance i. grievances or complaint made complaints under the provisions of Collective Agreements between the Police Services Act, 1990 of this Collective Agreement Board and Associations or for the legal defence of a member resulting from a discipline charge made under the Police Services Act, R.S.O., 1990, Regulations made ii. the actions or omissions of members acting in their capacity as private citizens; iii. discipline charges, under that Act and all amendments thereto.
29.6 Where an investigation is commenced under Part VII of the Police Services Act Act, R.S.O. 1990, and it appears to regulations thereunder.
25.7 For the Chief purpose of Police that this ARTICLE 25, a member requires legal counsel in responding shall not be deemed to the investigationbe “finally acquitted” if, the Chief as a result of Police may arrange for legal counsel charges laid, he/she is subsequently found guilty, or pleads guilty, to provide counsel to the member in connection with the investigation of such terms as the Chief considers appropriate. As soon as practicable, the Chief shall bring his action and his recommendation to the attention other charges arising out of the Board who may approve same incident or alter incidents.
25.8 For the terms of retention of such legal counsel or the Chief's recommendation in respect thereof. Neither the Board nor the Chief shall provide legal counsel after the completion purpose of the investigation or the laying of information(s), as Article 29 of the Civilian Collective Agreement is intended to govern such matters.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- negotiation by either the Board or the Association when the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitration.
29.8 A member who becomes involved in a matter which may entitle him/her to legal indemnification under this clause is entitled agreement “necessary and reasonable legal costs” shall be based on the account rendered by the counsel performing the work. The account shall be subject initially to receive funds the approval of the Board’s solicitor and, in the case of a dispute between the counsel rendering the account shall be paid after it has been assessed on a solicitor client basis by an assessment officer of the Ontario Court of Justice (General Division).
25.9 For the purpose of legal indemnification under the Agreement, the necessary and reasonable costs incurred by the member shall be deemed to have been incurred by the member, notwithstanding that the member may have received financial assistance in respects thereof from the Association.
25.10 The Board shall provide funds to a member who is eligible for legal indemnification under this Agreement for a retainer and/or and for interim payment of the legal costs as reasonably requested by the member’s counsel to a maximum of $5,000.00 provided counsel, upon application by the member, which application may be made on the following basis:
a. where it appears that the member undertakes is entitled to indemnification of the costs of legal counsel arising under this Agreement,
b. where the funds applied for do not exceed the greater of two thousand dollars ($2,000.00) or 50% of reasonable legal costs, which, in the event of dispute, shall be determined by the Board’s solicitor. If the interim legal costs increase over time, the member may apply for additional funds in accordance with the terms of this ARTICLE 25.10 and
c. the member shall undertake to indemnify the Board for such any funds advanced to him under this ARTICLE 25.10, if the member is finally determined not entitled to be eligible for indemnification in accordance with this Agreement.
Appears in 1 contract
Samples: Collective Agreement
LEGAL INDEMNIFICATION. For the purposes of legal costs, it shall include those costs of an Association approved para-legal service.
(A) 49.1 Subject to the other provisions of this Article, a member charged with and finally acquitted of a criminal or statutory offence offence, because of acts done while on duty in the performance or attempted performance in good faith of his employment or duties, his/her duties as a police officer shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such chargescharges provided that such necessary and reasonable legal costs shall not exceed $275.00 per hour effective August 8, 2013, increasing to $325.00 per hour effective April 11, 2017, increasing to $350.00 effective January 1, 2018 and increasing to $400.00 effective January 1, 2020. In respect of a lawyer performing the work, or $90.00 per hour in the event that a paralegal is performing the work.
(B) Members shall not be indemnified for legal costs arising from 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 omissions abuse 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 his/her powers 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 incidentspolice officer.
29.2 When 49.3 Where a member is a defendant in a civil action for damages because of acts done in the course attempted performance in good faith of his employment his/her duties as a police officer (which for the purposes of this article include Human Rights Tribunal Applications), and the action is not defended by the insurance carrier of the Regional Municipality of Niagara or duties he 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 i. Where the Board Chief of Police is not joined in the action as a party pursuant to s. section 50 of the Police Services Act, and or the Board Chief of Police does not defend the action on behalf of itself himself/herself and of the member as joint tortfeasors tort- feasors at the Board's sole expense;.
(ii) where . Where the Board Chief of Police is joined as a party or and the Board elects to defend the action, but the Solicitor solicitor retained on behalf of the Board and the member is of the view that it would be improper for him him/her to act for both the Board 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.
29.3 Where during 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 inquest inquiry initiated under Section 25 or Section 26 of the Coroner's Act a member's 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 Inquiries Act or a Royal Commission, because of acts done in the attempted performance in good faith of his dutiesa member's duties as a police officer, shall be indemnified by the Niagara Police Board for the necessary and reasonable legal costs incurred in representing his/her interests in such an inquiry on the following conditions:
49.4.1 In a case where one or more than one member of the Association is subpoenaed or requested to appear and the Board does not retain counsel pursuant to section 49.4.3, there shall be only one counsel representing the members of the Association who shall be retained by the Association except in the course of an inquiry under the Coroner’s Act where the Police Services Board will be represented by the Board appointed lawyer and the members of the Association shall be represented by an Association appointed lawyer, and;
49.4.2 In inquires where the counsel representing the members of the Association pursuant to section 49.4.1 is of the opinion that it would be improper for him/her to act for multiple members of the Association, he/she shall notify the Board forthwith of such concerns and the Board shall consider the advice of the solicitor and decide, acting reasonably, whether to provide indemnification to the Association for the costs to retain additional counsel, and;
49.4.3 In cases other than in the course of an inquiry under the Coroner’s Act, where the Board has retained counsel in such proceedings to provide advice to, and represent, any member or members of the Association who are requested to appear, or who are subpoenaed, or whose conduct is called into question for the reasons set out in 49.4, such solicitor will provide such legal services to members of the Association unless the Board’s solicitor determines that a conflict of interest exists. If such conflict exists, the solicitor will notify the Board and the Association forthwith of such concerns and the Board shall consider the advice of their solicitor and decide, acting reasonably, whether to provide indemnification to the Association for the costs to retain additional counsel as may be necessary. In such case, the provisions of 49.4.1 and 49.4.2 shall apply.
49.4.4 A member or members of the Service shall not be indemnified unless they are found not guilty of misconduct in the criminal or statutory offence proceeding for which legal indemnification is sought.
49.4.5 A member or members of the Service shall not be indemnified for such legal costs if such indemnification, in the opinion of the Board, would reduce respect for law enforcement in the Regional Municipality of Niagara.
49.5 In the event that a member intends to apply to the Board for indemnification pursuant to the provisions of this Article, the following shall apply:
49.5.1 The member shall, within thirty (30) days of being charged or of receiving notice of other legal proceedings provided for in this article, apply in writing to the Chief of Police or his designee for approval to retain counsel or a paralegal and for the approval of the counsel or paralegal to be so retained.
49.5.2 In the event of any dispute concerning the counsel or paralegal to be retained, the matter shall be resolved by an officer designated by the Chief of Police and a member of the Association Executive designated for that purpose.
49.5.3 The application of the member for indemnification shall include:
i. a fee schedule provided by the lawyer or paralegal setting out his or her hourly rate, and confirming that the fees will be charged at the lesser of the lawyer or paralegal’s normal hourly rate, or the applicable fees set out in section 49.1 above;
ii. an estimate, where practicable, of the total charges that will be incurred in the matter, and
iii. the lawyer or paralegal's undertaking to submit monthly statements to the Board showing the time spent and the charges incurred on the file during the month. If the application is approved, the Board reserves the right to refuse payment of the lawyer or paralegal’s account if the counsel or paralegal fails to submit monthly statements in accordance with subparagraph (iii) above, provided that it has given 30 days written notice of its intention to do so to the lawyer or paralegal, with a copy to the Association, and the lawyer or paralegal has not remedied the situation prior to the expiry of the 30 days.
49.5.4 The Board has the right to negotiate fees with the lawyer or paralegal to be retained, and the affected member has the right to be present during the fee negotiations.
49.5.5 There shall be a cap on the legal fees in the amounts referenced in section 49.1 above. In addition, a lawyer may charge for travel time at the rate of $130.00 per hour, to a maximum of four (4) hours per day.
49.6 For greater certainty, members shall not be indemnified for legal costs arising from:
49.6.1 grievances or complaints under the Collective Agreement between the Board and the Association or under the Police Services Act;
49.6.2 the actions or omissions of members acting in their capacity as private citizens;
49.6.3 discipline charges under the Police Services Act and Regulations.
49.7 For the purpose of this provision, a member shall not be deemed to be "finally acquitted" if, as a result of charges laid, he/she is subsequently found guilty of, or pleads guilty to, other charges arising out of the same incident or incidents.
49.8 For the purpose of this provision "necessary and reasonable legal costs" shall be based on the account rendered by the solicitor or paralegal performing the work, subject to taxation by an assessment officer of the Supreme Court of Ontario. If the General Counsel for the Association attends at a S.I.U. call outside normal business hours in circumstances where outside counsel is unavailable or there is a conflict that requires more than one counsel, the Association will be reimbursed at the rate of $150.00 per hour.
49.9 In the cases of aggravated assault, assault causing bodily harm or the included offence of ordinary assault, the indemnification referred to in clause 49.1 shall be limited to only those fees that would have reasonably been incurred if the matter was tried in Provincial Court unless the officer first obtains permission to elect to be tried by any other court. To obtain the said approval of the Board, the officer shall make an application in writing to the Chief of Police and the decision shall be at the discretion of the Niagara Regional Police Services Board.
49.10 Subject to other provisions of this Article, a member who is the Subject Officer in a Special Investigations Unit (S.I.U.) investigation may make application for legal indemnification subject to and upon the receipt of a final determination or recommendation by S.I.U. that criminal charges or other punitive actions will not be initiated or pursued.
49.11 A member who is required as a witness by the Special Investigations Unit (S.I.U.) in the course of an investigation into the conduct of another member shall be indemnified for any the necessary legal costs incurred by the member as a witness.
49.12 A member or members of the Service will be indemnified for the necessary and reasonable legal costs directly associated costs, including but not limited to, hotel, meals and airfare, which result from any criminal, statutory or civil matters arising from the protection out of the member's interest at such inquiry, but only if:
(i) deployment outside of the Chief of Region and/or to another Police Service 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 agency if the member and the Chief and/or the Board before that inquiry.
29.4 To qualify for financial assistance under 29.1, 29.2 or 29.3, the member shall obtain the Board's approval of counsel to be retained by the member by application to the Board through the Chief. The Board's approval of counsel shall not be withheld unreasonably.
29.5 The Board will not consider any application for financial assistance which relates to the legal representation of a member in connection with a grievance or complaint made under the provisions of the Police Services Act, 1990 of this Collective Agreement or for the legal defence of a member resulting from a discipline charge made under the Police Services Act, 1990, Regulations made under that Act and all amendments thereto.
29.6 Where an investigation is commenced under Part VII of the Police Services Act and it appears to the Chief of Police that a member requires legal counsel in responding to the investigation, the Chief of Police may arrange for legal counsel to provide counsel to the member in connection with the investigation of such terms as the Chief considers appropriate. As soon as practicable, the Chief shall bring his action and his recommendation to the attention of the Board who may approve or alter the terms of retention of such legal counsel or the Chief's recommendation in respect thereof. Neither the Board nor the Chief shall provide legal counsel after the completion of the investigation or the laying of information(s), as Article 29 of the Civilian Collective Agreement is intended to govern such matters.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- negotiation by either the Board or the Association when the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitration.
29.8 A member who becomes involved in a matter which may entitle him/her entitled to legal indemnification under this clause is entitled Agreement in relation to receive funds from the Board for a retainer and/or for interim payment of legal costs as reasonably requested by the member’s counsel to a maximum of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if the member is finally determined not to be eligible for indemnification in accordance with this Agreementsame matters.
Appears in 1 contract
Samples: Collective Agreement
LEGAL INDEMNIFICATION. For the purposes of legal costs, it shall include those costs of an Association approved para-legal service.
(A) 49.1 Subject to the other provisions of this Article, a member charged with and finally acquitted of a criminal or statutory offence offence, because of acts done while on duty in the performance or attempted performance in good faith of his employment or duties, his/her duties as a police officer shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such chargescharges provided that such necessary and reasonable legal costs shall not exceed $260.00 per hour in respect of a lawyer performing the work, or $90.00 per hour in the event that a paralegal is performing the work.
(B) Members shall not be indemnified for legal costs arising from 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 omissions abuse 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 his/her powers 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 incidentspolice officer.
29.2 When 49.3 Where a member is a defendant in a civil action for damages because of acts done in the course attempted performance in good faith of his employment his/her duties as a police officer, and the action is not defended by the insurance carrier of the Regional Municipality of Niagara or duties he 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 i. Where the Board Chief of Police is not joined in the action as a party pursuant to s. section 50 of the Police Services Act, and or the Board Chief of Police does not defend the action on behalf of itself himself/herself and of the member as joint tortfeasors tort-feasors at the Board's sole expense;.
(ii) where . Where the Board Chief of Police is joined as a party or and the Board elects to defend the action, but the Solicitor solicitor retained on behalf of the Board and the member is of the view that it would be improper for him him/her to act for both the Board 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.
29.3 Where during 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 inquest inquiry initiated under Section 25 or Section 26 of the Coroner's Act a member's 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 Inquiries Act or a Royal Commission, because of acts done in the attempted performance in good faith of his dutiesa member's duties as a police officer, shall be indemnified by the Niagara Police Board for the necessary and reasonable legal costs incurred in representing his/her interests in such an inquiry on the following conditions:
49.4.1 Where one or more than one member of the Police Service is subpoenaed or requested to appear, other than the Chief of Police, in such a case there shall be only one counsel representing the members of the Police Service, excluding the Chief of Police, and;
49.4.2 Where the counsel representing the members of the Service, excluding the Chief of Police, is of the opinion that it would be improper for him/her to act for both the member and the other members of the Service, he/she shall notify the Board forthwith of such concerns. The Board shall decide if additional counsel shall be retained with respect to the indemnification provisions of this Article, and;
49.4.3 If the Board has retained counsel in such proceedings, the Board’s solicitor will provide advice to, and represent, any member or members who are requested to appear, or who are subpoenaed, or whose conduct is called into question for the reasons set out in 49.4 unless the Board’s solicitor determines that a conflict of interest exists. If such conflict exists, then the provisions of 49.4.1 and 49.4.2 apply. The Board shall decide, based on the advice of its solicitor, if additional counsel shall be retained with respect to the indemnification provisions of this article.
49.4.4 A member or members of the Service shall not be indemnified unless they are found not guilty of misconduct in the proceeding for which legal indemnification is sought.
49.4.5 A member or members of the Service shall not be indemnified for such legal costs if such indemnification, in the opinion of the Board, would reduce respect for law enforcement in the Regional Municipality of Niagara.
49.5 In the event that a member intends to apply to the Board for indemnification pursuant to the provisions of this Article, the following shall apply:
49.5.1 The member shall, within thirty (30) days of being charged or of receiving notice of other legal proceedings provided for in this article, apply in writing to the Chief of Police or his designee for approval to retain counsel or a paralegal and for the approval of the counsel or paralegal to be so retained.
49.5.2 In the event of any dispute concerning the counsel or paralegal to be retained, the matter shall be resolved by an officer designated by the Chief of Police and a member of the Association Executive designated for that purpose.
49.5.3 The application of the member for indemnification shall include:
i. a fee schedule provided by the lawyer or paralegal setting out his or her hourly rate, and confirming that the fees will be charged at the lesser of the lawyer or paralegal’s normal hourly rate, or $260.00 for a lawyer or $90.00 for a paralegal;
ii. an estimate, where practicable, of the total charges that will be incurred in the matter, and
iii. the lawyer or paralegal's undertaking to submit monthly statements to the Board showing the time spent and the charges incurred on the file during the month. If the application is approved, the Board reserves the right to refuse payment of the lawyer or paralegal’s account if the counsel or paralegal fails to submit monthly statements in accordance with subparagraph (iii) above, provided that it has given 30 days written notice of its intention to do so to the lawyer or paralegal, with a copy to the Association, and the lawyer or paralegal has not remedied the situation prior to the expiry of the 30 days.
49.5.4 The Board has the right to negotiate fees with the lawyer or paralegal to be retained, and the affected member has the right to be present during the fee negotiations.
49.5.5 There shall be a cap on the legal fees of $260.00 per hour. In addition, a lawyer may charge for travel time at the rate of $130.00 per hour, to a maximum of four (4) hours per day.
49.6 For greater certainty, members shall not be indemnified for legal costs arising from:
49.6.1 grievances or complaints under the Collective Agreement between the Board and the Association or under the Police Services Act;
49.6.2 the actions or omissions of members acting in their capacity as private citizens;
49.6.3 discipline charges under the Police Services Act and Regulations.
49.7 For the purpose of this provision, a member shall not be deemed to be "finally acquitted" if, as a result of charges laid, he/she is subsequently found guilty of, or pleads guilty to, other charges arising out of the same incident or incidents.
49.8 For the purpose of this provision "necessary and reasonable legal costs" shall be based on the account rendered by the solicitor or paralegal performing the work, subject to taxation by an assessment officer of the Supreme Court of Ontario. If the General Counsel for the Association attends at a S.I.U. call outside normal business hours in circumstances where outside counsel is unavailable or there is a conflict that requires more than one counsel, the Association will be reimbursed at the rate of $150.00 per hour.
49.9 In the cases of aggravated assault, assault causing bodily harm or the included offence of ordinary assault, the indemnification referred to in clause 49.1 shall be limited to only those fees that would have reasonably been incurred if the matter was tried in Provincial Court unless the officer first obtains permission to elect to be tried by any other court. To obtain the said approval of the Board, the officer shall make an application in writing to the Chief of Police and the decision shall be at the discretion of the Niagara Regional Police Services Board.
49.10 Subject to other provisions of this Article, a member who is the Subject Officer in a Special Investigations Unit (S.I.U.) investigation may make application for legal indemnification subject to and upon the receipt of a final determination or recommendation by S.I.U. that criminal charges or other punitive actions will not be initiated or pursued.
49.11 A member who is required as a witness by the Special Investigations Unit (S.I.U.) in the course of an investigation into the conduct of another member shall be indemnified for any the necessary legal costs incurred by the member as a witness.
49.12 A member or members of the Service will be indemnified for the necessary and reasonable legal costs directly associated costs, including but not limited to, hotel, meals and airfare, which result from any criminal, statutory or civil matters arising from the protection out of the member's interest at such inquiry, but only if:
(i) deployment outside of the Chief of Region and/or to another Police Service 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 agency if the member and the Chief and/or the Board before that inquiry.
29.4 To qualify for financial assistance under 29.1, 29.2 or 29.3, the member shall obtain the Board's approval of counsel to be retained by the member by application to the Board through the Chief. The Board's approval of counsel shall not be withheld unreasonably.
29.5 The Board will not consider any application for financial assistance which relates to the legal representation of a member in connection with a grievance or complaint made under the provisions of the Police Services Act, 1990 of this Collective Agreement or for the legal defence of a member resulting from a discipline charge made under the Police Services Act, 1990, Regulations made under that Act and all amendments thereto.
29.6 Where an investigation is commenced under Part VII of the Police Services Act and it appears to the Chief of Police that a member requires legal counsel in responding to the investigation, the Chief of Police may arrange for legal counsel to provide counsel to the member in connection with the investigation of such terms as the Chief considers appropriate. As soon as practicable, the Chief shall bring his action and his recommendation to the attention of the Board who may approve or alter the terms of retention of such legal counsel or the Chief's recommendation in respect thereof. Neither the Board nor the Chief shall provide legal counsel after the completion of the investigation or the laying of information(s), as Article 29 of the Civilian Collective Agreement is intended to govern such matters.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- negotiation by either the Board or the Association when the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitration.
29.8 A member who becomes involved in a matter which may entitle him/her entitled to legal indemnification under this clause is entitled Agreement in relation to receive funds from the Board for a retainer and/or for interim payment of legal costs as reasonably requested by the member’s counsel to a maximum of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if the member is finally determined not to be eligible for indemnification in accordance with this Agreementsame matters.
Appears in 1 contract
Samples: Collective Agreement
LEGAL INDEMNIFICATION. For the purposes of legal costs, it shall include those costs of an Association approved para-legal service.
(A) 27.01 Subject to the other provisions of this Articlearticle, a member charged with and finally acquitted of a criminal or statutory offence offense, because of acts done in the performance or attempted performance in good faith of his employment or duties, duties as a police officer shall be indemnified for the necessary and reasonable legal costs incurred in the defence defense of such charges.
(B27.02 Notwithstanding article 27.01, the Board may refuse payment otherwise authorized under article 27.01 where the actions of the officer from which the charges arose amounted to a dereliction of duty or abuse of his powers as a police officer.
27.03 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 duties as a police officer, he shall be indemnified for the necessary and reasonable legal costs incurred in the defense of such action where the Chief of Police is not joined in the action as a party pursuant to the section 24(1) Members of the Police Services Act, and the Chief of Police does not defend the action on behalf of himself and of the member as a joint tortfeasors at the Board’s sole expense.
27.04 Where a member intends to apply to the Board for indemnification hereunder, the member shall, within ten days of being charged or receiving notice of legal proceedings covered herein, apply in writing to the Chief of Police or to the officer designated by the Chief of Police to deal with such applications for approval to retain counsel and approval of the counsel to be so retained. In the event of any dispute concerning the counsel to be retained, the matter shall be resolved by an officer designated by the Chief of Police and a member of the Association Executive designated for that purpose.
27.05 For greater certainty, members shall not be indemnified for legal costs arising from from:
(A) Grievances or complaints under the Collective Agreement between the Board and the Association or under the Police Services Act;
(B) The actions or omissions of members acting in their capacity as private citizens. ;
(C) Proceeding and discipline charges under the Police Services Act and Regulations.
27.06 For the purpose of Clause 29.1 (A) this provision, a Member: member shall not 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, “finally acquitted” 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 27.07 For the purposes of acts done in the course of his employment or duties he shall be indemnified for the this provision, “necessary and reasonable legal costs incurred in costs” shall be based on the defence account rendered by the Solicitor performing the work, subject to the approval 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 Solicitor for the Police Services ActBoard, 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 actionor, 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 case of his dutiesdisagreement, 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 assistance under 29.1, 29.2 or 29.3, the member shall obtain the Board's approval of counsel to be retained by the member by application to the Board through the Chief. The Board's approval of counsel shall not be withheld unreasonably.
29.5 The Board will not consider any application for financial assistance which relates to the legal representation of a member in connection with a grievance or complaint made under the provisions of the Police Services Act, 1990 of this Collective Agreement or for the legal defence of a member resulting from a discipline charge made under the Police Services Act, 1990, Regulations made under that Act and all amendments thereto.
29.6 Where an investigation is commenced under Part VII of the Police Services Act and it appears to the Chief of Police that a member requires legal counsel in responding to the investigation, the Chief of Police may arrange for legal counsel to provide counsel to the member in connection with the investigation of such terms as the Chief considers appropriate. As soon as practicable, the Chief shall bring his action and his recommendation to the attention of the Board who may approve or alter the terms of retention of such legal counsel or the Chief's recommendation in respect thereof. Neither the Board nor the Chief shall provide legal counsel after the completion of the investigation or the laying of information(s), as Article 29 of the Civilian Collective Agreement is intended to govern such matters.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- negotiation an assessment by either an Assessment officer whose decision shall bind the Board or the Association when the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitrationparties.
29.8 A member who becomes involved in a matter which may entitle him/her to legal indemnification under this clause is entitled to receive funds from the Board for a retainer and/or for interim payment of legal costs as reasonably requested by the member’s counsel to a maximum of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if the member is finally determined not to be eligible for indemnification in accordance with this Agreement.
Appears in 1 contract
Samples: Collective Agreement
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 7.01 Except if found guilty of a criminal offence, if a member is charged with a criminal or other statutory offence offence, because of acts any act done, or any omission, or any alleged act or omission done in good faith in the performance execution, or attempted performance intended execution of his employment or duties, he/she shall be indemnified by the Board for the necessary and reasonable legal costs fees and disbursements 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. 7.02 For the purpose purposes of Clause 29.1 article 7.01, a member:
(Aa) a Member: shall be deemed to have been "Finally Acquitted"“not found guilty” where he/she is finally acquitted, where the charges are withdrawn withdrawn, or where he he/she is discharged following a preliminary inquiry; and and
(b) shall be deemed not to have been "Finally Acquitted" “found guilty” where the member is given an absolute or conditional discharge or where, if as a result of charges laid he he/she is subsequently found guilty of, or pleads guilty to, other charges arising out of the same incident or incidents.
29.2 When 7.03 Where civil or other proceedings are brought against a member, or he/she otherwise becomes a party to such proceedings by or before the Board, the Ontario Civilian Commission on Police Services, the Police Complaints Commissioner, a Board of Inquiry or any other tribunal, board or agency established pursuant to the Police Services Act, or any other Provincial or Federal Act, or a member is becomes a defendant subject of an investigation, the Board shall assume the defence of such proceedings and shall pay any and all damages, penalties, interests and costs awarded, including punitive or aggravated damages against a member in a civil action for damages because such proceedings. When the Board assumes the defence of acts done in any proceedings pursuant to this Article, the course Board agrees to keep the member informed of his employment or duties he shall be indemnified for the necessary status of such proceedings and reasonable legal costs incurred to obtain his/her consent prior to entering into any settlement, provided that the member co-operates fully in the defence of such an action proceedings.
7.04 Where civil or other proceedings, as described in the following circumstances only:
(i) where preceding paragraph, are brought against a Member for any neglect or default in the execution of his/her duties and legal counsel to the Board concludes that he/she is not joined in unable to represent both the action as a party pursuant to s. 50 of the Police Services Act, member 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 incurred in his/her defence of the member's interest at such inquiryaction or proceedings, but only ifincluding preliminary advice.
7.05 Members shall not be indemnified for damages, penalties or costs arising from:
(ia) neglect or fault of the Chief member in his/her personal capacity as a private citizen, unless the act is the fault or neglect in any civil or any other proceedings resulting there from directly, or indirectly attributable to their status as a member of Police or the Board does not provide counsel to represent the York Regional Police, at the Board's expense; orSenior Officers‟ Association;
(iib) 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 assistance misconduct proceedings under 29.1, 29.2 or 29.3, the member shall obtain the Board's approval of counsel to be retained by the member by application to the Board through the Chief. The Board's approval of counsel shall not be withheld unreasonably.
29.5 The Board will not consider any application for financial assistance which relates to the legal representation of a member in connection with a grievance or complaint made under the provisions of the Police Services Act, 1990 of this Collective Agreement or for the legal defence of a member resulting from a discipline charge made under the Police Services Act, 1990, Regulations made under that Act and all amendments thereto.
29.6 Where an investigation is commenced under Part VII of the Police Services Act and it appears Regulations there-under, where such proceedings result in a finding of misconduct and a penalty of dismissal or reduction in rank is imposed;
(c) grievances or complaints under this Agreement between the Board and the Senior Officers‟ Association or pursuant to section 50 of The Police Services Act; and
(d) conduct, acts or omissions that constitute a gross dereliction of duty which bring police services into disrepute, as determined by a properly constituted tribunal pursuant to provincial or federal legislation.
7.06 For the purpose of the indemnification items there shall be a presumption that all acts or omissions of the member were undertaken in good faith unless the contrary is proven. This indemnification shall continue after the cessation of a member‟s employment for all matters related to his/her employment.
7.07 For the purpose of the indemnification items, “reasonable legal costs” means the amount of fees and disbursements charged by the solicitor retained by a member provided that the Board may require that the legal account be assessed, by an assessment officer pursuant to the Chief provisions of Police that a member requires the Solicitor’s Act, c. S.15.
7.08 A Joint committee will examine legal counsel in responding indemnification and report back to the investigationBargaining Committees by July 1, the Chief of Police may arrange 2011 with a proposal for legal counsel to provide counsel to the member in connection with the investigation of such terms as the Chief considers appropriate. As soon as practicable, the Chief shall bring his action and his recommendation to the attention of the Board who may approve or alter the terms of retention of such legal counsel or the Chief's recommendation in respect thereof. Neither the Board nor the Chief shall provide legal counsel after the completion of the investigation or the laying of information(s), as Article 29 of the Civilian Collective Agreement is intended to govern such mattersamendments.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- negotiation by either the Board or the Association when the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitration.
29.8 A member who becomes involved in a matter which may entitle him/her to legal indemnification under this clause is entitled to receive funds from the Board for a retainer and/or for interim payment of legal costs as reasonably requested by the member’s counsel to a maximum of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if the member is finally determined not to be eligible for indemnification in accordance with this Agreement.
Appears in 1 contract
Samples: Collective Agreement
LEGAL INDEMNIFICATION. For the purposes of legal costs, it shall include those costs of an Association approved para-legal service.
(A) 34.1 Subject to the other provisions of this Article, a member charged with and finally acquitted of a criminal or statutory offence offence, because of acts done while on duty in the performance or attempted performance in good faith of his employment or duties, his/her duties as a Civilian member 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 $275.00 per hour effective August 8, 2013, increasing to $325.00 per hour effective April 11, 2017, and increasing to $350.00 effective January 1, 2018. In respect of a lawyer performing the work, or $90.00 per hour in the event that a para- legal is performing the work.
(B) Members shall not be indemnified for legal costs arising from 34.2 Notwithstanding clause 34.1, the Board may refuse payment otherwise authorized under clause 34.1 where the actions of the Civilian member from which the charges arose mounted to a dereliction of duty or omissions abuse 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 his/her powers as a result of charges laid he is subsequently found guilty of, or pleads guilty to, other charges arising out Civilian member of the same incident or incidentsService.
29.2 When 34.3 Where a member is a defendant in a civil action for damages because of acts done in the course attempted performance in good faith of his employment his/her duties as a member of the Service (which for the purposes of this article include Human Rights Tribunal Applications), and the action is not defended by the insurance carrier of the Regional Municipality of Niagara or duties he 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 34.3.1 Where the Board Chief of Police is not joined in the action as a party pursuant to s. Section 50 of the The Police Services Act, and or the Board Chief of Police does not defend the action on behalf of itself himself/herself and of the member as joint tortfeasors tort-feasors at the Board's sole expense;
(ii) where 34.3.2 Where the Board Chief of Police is joined as a party or and the Board elects to defend the action, but the Solicitor solicitor retained on behalf of the Board and the member is of the view that it would be improper for him him/her to act for both the Board 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.
29.3 Where during 34.3.3 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.
34.4 A member of the Service who is requested or subpoenaed to appear before an inquest inquiry initiated under the Coroner's Act a member's 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 Inquiries Act or a Royal Commission, because of acts done in the attempted performance in good faith of his dutiesa member's duties as a Civilian member of the Service, shall be indemnified by the Niagara Police Board for the necessary and reasonable legal costs incurred in representing his/her interests in such an inquiry on the following conditions:
34.4.1 In a case where one or more than one member of the Association is subpoenaed or requested to appear and the Board does not retain counsel pursuant to section 34.4.3, there shall be only one counsel representing the members of the Association who shall be retained by the Association except in the course of an inquiry under the Coroner’s Act where the Police Services Board will be represented by the Board appointed lawyer and the members of the Association shall be represented by an Association appointed lawyer, and;
34.4.2 In inquires where the counsel representing the members of the Association pursuant to section 34.4.1 is of the opinion that it would be improper for him/her to act for multiple members of the Association, he/she shall notify the Board forthwith of such concerns and the Board shall consider the advice of the solicitor and decide, acting reasonably, whether to provide indemnification to the Association for the costs to retain additional counsel, and;
34.4.3 In cases other than in the course of an inquiry under the Coroner’s Act, where the Board has retained counsel in such proceedings to provide advice to, and represent, any member or members of the Association who are requested to appear, or who are subpoenaed, or whose conduct is called into question for the reasons set out in 34.4, such solicitor will provide such legal services to members of the Association unless the Board’s solicitor determines that a conflict of interest exists. If such conflict exists, the solicitor will notify the Board and the Association forthwith of such concerns and the Board shall consider the advice of their solicitor and decide, acting reasonably, whether to provide indemnification to the Association for the costs to retain additional counsel as may be necessary. In such case, the provisions of 34.4.1 and 34.4.2 shall apply.
34.4.4 A member or members of the Service shall not be indemnified unless they are found not guilty of misconduct in the criminal or statutory offence proceeding for which legal indemnification is sought.
34.4.5 A member or members of the Service shall not be indemnified for such legal costs if such indemnification, in the opinion of the Board, would reduce respect for law enforcement in the Regional Municipality of Niagara.
34.5 In the event that a member intends to apply to the Board for indemnification pursuant to the provisions of this Article, the following shall apply:
34.5.1 The member shall, within thirty (30) days of being charged or of receiving notice of other legal proceedings provided for in this article, apply in writing to the Chief of Police or his designee for approval to retain counsel or a paralegal and for the approval of the counsel or paralegal to be so retained.
34.5.2 In the event of any dispute concerning the counsel or paralegal to be retained, the matter shall be resolved by an officer designated by the Chief of Police and a member of the Association Executive designated for that purpose.
34.5.3 The application of the member for indemnification shall include:
i. a fee schedule provided by the lawyer or paralegal setting out his or her hourly rate, and confirming that the fees will be charged at the lesser of the lawyer or paralegal’s normal hourly rate, or the applicable fees set out in section 34.1 above;
ii. an estimate, where practicable, of the total charges that will be incurred in the matter, and
iii. the lawyer or xxxxxxxxx's undertaking to submit monthly statements to the Board showing the time spent and the charges incurred on the file during the month. If the application is approved, the Board reserves the right to refuse payment of the lawyer or paralegal’s account if the counsel or paralegal fails to submit monthly statements in accordance with subparagraph (iii) above, provided that it has given 30 days written notice of its intention to do so to the lawyer or paralegal, with a copy to the Association, and the lawyer or paralegal has not remedied the situation prior to the expiry of the 30 days.
34.5.4 The Board has the right to negotiate fees with the lawyer or paralegal to be retained, and the affected member has the right to be present during the fee negotiations.
34.5.5 There shall be a cap on the legal fees in the amounts referenced in section 34.1 above. In addition, a lawyer may charge for travel time at the rate of $130.00 per hour to a maximum of four (4) hours per day.
34.6 For greater certainty, members shall not be indemnified for legal costs arising from:
34.6.1 Grievances or complaints under the Collective Agreement between the Board and the Association or under The Police Services Act;
34.6.2 The actions or omissions of members acting in their capacity as private citizens;
34.7 For the purpose of this provision, a member shall not be deemed to be "finally acquitted" if, as a result of charges laid, he/she is subsequently found guilty of, or pleads guilty to other charges arising out of the same incident or incidents.
34.8 For the purpose of this provision, "necessary and reasonable legal costs" shall be based on the account rendered by the solicitor or paralegal performing the work, subject to taxation by an assessment officer of the Supreme Court of Ontario. If the General Counsel for the Association attends at a S.I.U. call outside normal business hours in circumstances where outside counsel is unavailable or there is a conflict that requires more than one counsel, the Association will be reimbursed at the rate of $150.00 per hour.
34.9 In the case of aggravated assault, assault causing bodily harm or the included offence of ordinary assault, the indemnification referred to in clause 34.1 shall be limited to only those fees that would have reasonably been incurred if the matter was tried in Provincial Court unless the member first obtains permission to elect to be tried by any other court. To obtain the said approval of the Board, the member shall make an application in writing to the Chief of Police and the decision shall be at the discretion of the Niagara Regional Police Services Board.
34.10 Subject to other provisions of this Article, a member who is the Subject Officer in a Special Investigations Unit (S.I.U.) investigation may make application for legal indemnification subject to and upon the receipt of a final determination or recommendation by S.I.U. that criminal charges or other punitive actions will not be initiated or pursued.
34.11 A member who is required as a witness by the Special Investigations Unit (S.I.U.) in the course of an investigation into the conduct of another member shall be indemnified for any the necessary legal costs incurred by the member as a witness.
34.12 A member or members of the Service will be indemnified for the necessary and reasonable legal costs directly associated costs, including but not limited to, hotel, meals and airfare, which result from any criminal, statutory or civil matters arising from the protection out of the member's interest at such inquiry, but only if:
(i) deployment outside of the Chief of Region and/or to another Police Service 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 agency if the member and the Chief and/or the Board before that inquiry.
29.4 To qualify for financial assistance under 29.1, 29.2 or 29.3, the member shall obtain the Board's approval of counsel to be retained by the member by application to the Board through the Chief. The Board's approval of counsel shall not be withheld unreasonably.
29.5 The Board will not consider any application for financial assistance which relates to the legal representation of a member in connection with a grievance or complaint made under the provisions of the Police Services Act, 1990 of this Collective Agreement or for the legal defence of a member resulting from a discipline charge made under the Police Services Act, 1990, Regulations made under that Act and all amendments thereto.
29.6 Where an investigation is commenced under Part VII of the Police Services Act and it appears to the Chief of Police that a member requires legal counsel in responding to the investigation, the Chief of Police may arrange for legal counsel to provide counsel to the member in connection with the investigation of such terms as the Chief considers appropriate. As soon as practicable, the Chief shall bring his action and his recommendation to the attention of the Board who may approve or alter the terms of retention of such legal counsel or the Chief's recommendation in respect thereof. Neither the Board nor the Chief shall provide legal counsel after the completion of the investigation or the laying of information(s), as Article 29 of the Civilian Collective Agreement is intended to govern such matters.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- negotiation by either the Board or the Association when the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitration.
29.8 A member who becomes involved in a matter which may entitle him/her entitled to legal indemnification under this clause is entitled Agreement in relation to receive funds from the Board for a retainer and/or for interim payment of legal costs as reasonably requested by the member’s counsel to a maximum of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if the member is finally determined not to be eligible for indemnification in accordance with this Agreementsame matters.
Appears in 1 contract
Samples: Collective Agreement
LEGAL INDEMNIFICATION. For the purposes of legal costs, it shall include those costs of an Association approved para-legal service.
(A) 25.1 Subject to the other provisions of this Article, a member of the Saugeen Shores Police Service charged with and finally acquitted of a criminal or statutory offence offence, because of acts done while on duty in the performance or attempted performance in good faith of his employment or duties, duties as a police officer 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 25.2 Where a member is a defendant in a civil action for damages because of acts done in the course attempted performance in good faith of his employment or duties as a police officer, 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. section 50 (1) of the Police Services ActXxx 0000, and the Board does not defend the action on behalf of itself the Board and of the member as joint tortfeasors tort feasors at the Board's sole expense;.
(ii) 25.3 Notwithstanding Articles 25. 1 and 25. 2, the Board may refuse payment otherwise authorized under Articles 25. 1 and 25. 2 where the Board is joined actions of the officer from which the charges/civil action arose amounted to a gross dereliction of duty or abuse of his powers as a party or elects to defend police officer.
25.4 a) Where a member is the action, but the Solicitor retained on behalf subject of a hearing before a tribunal established under Part V of the Board Police Services Act, 1990, as a result of a decision by the Office of the Independent Police Review Director and the member is decision of the view tribunal is 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 dutiesmisconduct was not proven, the member shall be indemnified for any necessary and reasonable legal costs directly arising from having to defend the protection of the member's interest at such inquiry, but only if:
(i) the Chief of Police or the Board allegations against him. This provision 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 assistance under 29.1, 29.2 or 29.3, the member shall obtain the Board's approval of counsel to be retained by the member by application to the Board through the Chief. The Board's approval of counsel shall not be withheld unreasonably.
29.5 The Board will not consider any application for financial assistance which relates to the legal representation of a member in connection with a grievance or complaint made under the provisions of the Police Services Act, 1990 of this Collective Agreement or for the legal defence of a member resulting from a discipline charge made under the Police Services Act, 1990, Regulations made under that Act and all amendments thereto.
29.6 Where an investigation is commenced under Part VII of the Police Services Act and it appears to the Chief of Police that a member requires legal counsel in responding to the investigation, the Chief of Police may arrange for legal counsel to provide counsel to the member in connection with the investigation of such terms as the Chief considers appropriate. As soon as practicable, the Chief shall bring his action and his recommendation to the attention of the Board who may approve or alter the terms of retention of such legal counsel or the Chief's recommendation in respect thereof. Neither the Board nor the Chief shall provide legal counsel after the completion of the investigation or the laying of information(s), as Article 29 of the Civilian Collective Agreement is intended to govern such matters.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- negotiation by either the Board or the Association when the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitration.
29.8 A member who becomes involved in a matter which may entitle him/her to legal indemnification under this clause is entitled to receive funds from the Board for a retainer and/or for interim payment of legal costs as reasonably requested by the member’s counsel apply to a maximum finding of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if the member is finally determined not to be eligible for indemnification in accordance with this Agreementguilty or not proven subsequently reversed on appeal.
Appears in 1 contract
Samples: Collective Agreement
LEGAL INDEMNIFICATION. For the purposes of legal costs, it shall include those costs of an Association approved para-legal service.
(A) 23.01 Subject to the other provisions of this Articlearticle, a member member, past or present, charged with and finally acquitted of a criminal or statutory offence offense, because of acts done in the performance or attempted performance in good faith of his employment or duties, duties as a police officer shall be indemnified for the necessary and reasonable legal costs incurred in the defence defense of such charges.
(B23.02 Notwithstanding article 23.01, the Board may refuse payment otherwise authorized under article 23.01 where the actions of the officer from which the charges arose amounted to a dereliction of duty or abuse of his powers as a police officer.
23.03 Where a member, past or present, is a defendant in a civil action for damages because of acts done in the attempted performance in good faith of his duties as a police officer, he shall be indemnified for the necessary and reasonable legal costs incurred in the defense of such action where the Chief of Police is not joined in the action as a party pursuant to the section 24(1) Members of the Police Services Act, and the Chief of Police does not defend the action on behalf of himself and of the member as a joint tortfeasors at the Board’s sole expense.
23.04 Where a member, past or present, intends to apply to the Board for indemnification hereunder, the member shall, within ten days of being charged or receiving notice of legal proceedings covered herein, apply in writing to the Chief of Police or to the officer designated by the Chief of Police to deal with such applications for approval to retain counsel and approval of the counsel to be so retained. In the event of any dispute concerning the counsel to be retained, the matter shall be resolved by an officer designated by the Chief of Police and a member of the Association Executive designated for that purpose.
23.05 For greater certainty, members, past or present, shall not be indemnified for legal costs arising from from:
(a) Grievances or complaints under the Collective Agreement between the Board and the Association or under the Police Services Act;
(b) The actions or omissions of members acting in their capacity as private citizens. ;
(c) Proceeding and discipline charges under the Police Services Act and Regulations.
23.06 For the purpose of Clause 29.1 (A) this provision, a Member: member, past or present, shall not 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, “finally acquitted” 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 23.07 For the purposes of this provision, “necessary and reasonable legal costs” shall be based on the account rendered by the Solicitor performing the work, subject to the approval of the Solicitor for damages because of acts done the Police Services Board, or, in the course case of his employment disagreement, subject to an assessment by an Assessment officer whose decision shall bind the parties.
23.08 Where a member, past or duties present, has been identified as a subject or witness officer during an investigation by the Special Investigations Unit, he shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such an action in the following circumstances onlyfor:
(ia) where up to a total of three (3) hours of his solicitor’s time for consultation including the Board is not joined in initial interview with 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;Special Investigations Unit.
(iib) where the Board is joined as a party or elects to defend solicitor’s time during any subsequent interviews with the action, but Special Investigations Unit conditional upon the Solicitor retained on behalf approval 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 and/or his designate. Such approval shall not be unreasonably withheld.
23.09 A member, past or the Board does not provide counsel present, may apply to represent the York Regional Police, at the Board's expense; or
(ii) in , for legal indemnification for investigations and/or hearing under the opinion of counsel retained by Coroners Act. The Board shall have the Chief of Police or right to choose the Board to represent the York Regional Police, it would be improper for him solicitor to represent the member and the Chief and/or the Board before that inquiry.
29.4 To qualify for financial assistance under 29.1, 29.2 or 29.3, the member shall obtain the Board's approval of counsel to be retained by the member by application to the Board through the Chief. The Board's approval of counsel shall not be withheld unreasonably.
29.5 The Board will not consider any application for financial assistance which relates to the legal representation of a member in connection with a grievance or complaint made under the provisions of the Police Services Act, 1990 of this Collective Agreement or for the legal defence of a member resulting from a discipline charge made under the Police Services Act, 1990, Regulations made under that Act and all amendments thereto.
29.6 Where an investigation is commenced under Part VII of the Police Services Act and it appears to the Chief of Police that a member requires legal counsel in responding to the investigation, the Chief of Police may arrange for legal counsel to provide counsel to the member in connection with the investigation of such terms as the Chief considers appropriate. As soon as practicable, the Chief shall bring his action and his recommendation to the attention of the Board who may approve or alter the terms of retention of such legal counsel or the Chief's recommendation in respect thereof. Neither the Board nor the Chief shall provide legal counsel after the completion of the investigation or the laying of information(s), as Article 29 of the Civilian Collective Agreement is intended to govern such these matters.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- negotiation by either the Board or the Association when the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitration.
29.8 A member who becomes involved in a matter which may entitle him/her to legal indemnification under this clause is entitled to receive funds from the Board for a retainer and/or for interim payment of legal costs as reasonably requested by the member’s counsel to a maximum of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if the member is finally determined not to be eligible for indemnification in accordance with this Agreement.
Appears in 1 contract
Samples: Collective Agreement
LEGAL INDEMNIFICATION. For the purposes of legal costs, it shall include those costs of an Association approved para-legal service.
(A) I Subject to the other provisions of this Article, a member charged with and finally acquitted of a criminal or statutory offence offence, because of acts done while on duty in the performance or attempted performance in good faith of his employment or duties, duties as a Civilian member shall be indemnified for indemnifiedfor the necessary and reasonable legal costs incurred in the defence of such charges.
(B) Members , provided that such necessary and reasonable legal costs shall not be indemnified exceed per hour in respect of a lawyer performingthe work, or per hour in the event that a is performing the work, and shall not include any allowance for legal costs arising from travel time. Notwithstandingclause the Board may refuse payment otherwise authorized under clause where the actions of the Civilian member from which the charges arose mounted to a dereliction of duty or omissions abuse 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 powers as a result of charges laid he is subsequently found guilty of, or pleads guilty to, other charges arising out Civilian member of the same incident or incidents.
29.2 When Service. Where a member is a defendant in a civil action for damages because of acts done in the course attempted performance in good faith of his employment duties as a member of the Service, and the action is not defended by the insurance carrier of the Regional Municipality of or duties he otherwise, shall be indemnified for indemnifiedfor the necessary and reasonable legal costs incurred in the defence of such an action in the following circumstances only:
(i) where : Where the Board Chief of Police is not joined notjoined in the action as a party pursuant to s. 50 pursuantto Section of the The Police Services Act, and or the Board Chief of Police does not defend the action on behalf of itself and of the member as joint tortfeasors at the Board's ’s sole expense;
(ii) where ; Where the Board Chief of Police is joined as a party or and the Board elects to defend the action, but the Solicitor 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 Chief of Policeand the member in that action.
29.3 Where during . The Board shall decide if additional counsel shall be retained with respect to the indemnification provisions of this Article and such decision is not reviewable by an inquest Arbitrator. 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 investigationwhere a caution is to be given to the member. A member of the Service who is requested or subpoenaed to appear before an inquiry initiated under the Coroner's Act a member's Section or Section of 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 Act or a Royal Commission, because of acts done in the attempted performance in good faith of his dutiesa member’s duties as a Civilian member of the Service, the member shall be indemnified by the Police Board for any the necessary and reasonable legal costs directly arising from incurred in representing interests in such an inquiry on the protection following conditions: Where one or morethan one member of the member's Service is subpoenaedto appear, other than the Chief of Police, in such a case there shall be only one counsel representing the members of the Service, excluding the Chief of Police, and; Where the counsel representing the members of the Service, excluding the Chief of Police, is of the opinion that it would be improper for to act for both the member and the other members of the Service, shall notify the Board forthwith of such concerns. The Board shall decide if additional counsel shall be retained with respect to the indemnifications provisions of this Article and such decision is not reviewable by an Arbitrator, and; If the Board has retained counsel in such proceedings, the Board’s solicitor will provide advice to, and represent, any member or members who are requested to appear, or who are subpoenaed, or whose conduct is called into question for the reasons set out in unless the Board‘s solicitor determines that a conflict of interest at exists. If such inquiryconflict exists, but only if:
then the provisions of and apply. The Board shall decide, based on the advice of its solicitor, if additional counselshall be retained with respect to the indemnification provisions of this article and such decision is not reviewable by an arbitrator. A member or members of the Service shall not be indemnifiedfor such legal costs if such indemnification, in the opinion of the Board, would reduce respect for law enforcement in the Regional Municipality of Inthe event that a member intendsto apply to the Boardfor indemnificationpursuant to the provisions of this Article, the following shall apply: The member shall, within thirty (i30) days of being charged or of receiving notice of other legal proceedings provided for in this article, apply in writing to the Chief of Police or his designee for approval to retain counsel or a paralegal and for the Board does not provide approval of the counsel or paralegal to represent be so retained. In the York Regional Policeevent of any dispute concerning the counsel or paralegal to be retained, at the Board's expense; or
(ii) in the opinion of counsel retained matter shall be resolved by an officer designated by the Chief of Police or and a member of the Board to represent the York Regional Police, it would be improper for him to represent Association Executive designatedfor that purpose. The application of the member and the Chief and/or the Board before that inquiry.
29.4 To qualify for financial assistance under 29.1, 29.2 or 29.3, the member shall obtain the Board's approval of counsel to be retained by the member by application to the Board through the Chief. The Board's approval of counsel shall not be withheld unreasonably.
29.5 The Board will not consider any application for financial assistance which relates to the legal representation of a member in connection with a grievance or complaint made under the provisions of the Police Services Act, 1990 of this Collective Agreement or for the legal defence of a member resulting from a discipline charge made under the Police Services Act, 1990, Regulations made under that Act and all amendments thereto.
29.6 Where an investigation is commenced under Part VII of the Police Services Act and it appears to the Chief of Police that a member requires legal counsel in responding to the investigation, the Chief of Police may arrange for legal counsel to provide counsel to the member in connection with the investigation of such terms as the Chief considers appropriate. As soon as practicable, the Chief shall bring his action and his recommendation to the attention of the Board who may approve or alter the terms of retention of such legal counsel or the Chief's recommendation in respect thereof. Neither the Board nor the Chief shall provide legal counsel after the completion of the investigation or the laying of information(s), as Article 29 of the Civilian Collective Agreement is intended to govern such matters.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- negotiation by either the Board or the Association when the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitration.
29.8 A member who becomes involved in a matter which may entitle him/her to legal indemnification under this clause is entitled to receive funds from the Board for a retainer and/or for interim payment of legal costs as reasonably requested by the member’s counsel to a maximum of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if the member is finally determined not to be eligible for indemnification in accordance with this Agreement.indemnificationshall include:
Appears in 1 contract
Samples: Civilian Collective Agreement
LEGAL INDEMNIFICATION. For the purposes of legal costs, it shall include those costs of an Association approved para
29-legal service.
(A) 01 Subject to the other provisions of this Article, a member charged with and finally acquitted but not found guilty of a any criminal or statutory offence offence, because of acts done in the performance or an attempted performance in good faith of his employment or dutieshis/her duties as a peace officer/special constable, shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such charges. (revised 2006)
29-02 Notwithstanding clause 29-01, the Board may authorize payment of necessary and reasonable legal costs of a member pleading or being found guilty of an offence described in clause 29-01, where the court, instead of convicting the accused, grants him/her absolute discharge, provided that the Board accepts the recommendation of the Chief of Police, or an officer designated by him/her to make such a recommendation, that the member’s actions as a peace officer/special constable in the course of performing his/her duties were motivated by an intent to do his/her lawful duty, that such actions do not constitute any of the actions described in clause 29-01 hereof, and that such indemnification will not, in the opinion of the Board, reduce respect for law enforcement in the City of Windsor.
(B) Members shall not be indemnified for legal costs arising from 29-03 Notwithstanding clause 29-01, the Board may refuse payment otherwise authorized under clause 29-01 where 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 from which the charges arose amounted to a gross dereliction of duty or conditional discharge or where, if deliberate abuse of his/her powers 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 incidentspeace officer/special constable.
29.2 When 29-04 Where a member is a defendant in a civil action for damages because of acts done in the course an attempted performance in good faith of his employment or his/her duties he as a peace officer/special constable, 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:
(ia) where Where the Board is not joined in the action as a party pursuant to s. 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 tortfeasors tortfeasers at the Board's ’s sole expense;
(iib) where Where the Board and/or Chief of Police is joined as a party or elects to defend the action, but the Solicitor solicitor retained on behalf of the Board and/or Chief of Police and the member is of the view that it would be improper for him him/her to act for both the Board and/or Chief of Police and the member in that action.
29-05 A member whose conduct is called into question in the course of an inquiry under the Coroner’s Act because of actions done in the attempted performance in good faith of his/her duties as peace officer/special constable, he/she shall be indemnified for the necessary and reasonable legal costs incurred in representing his/her interest in any such inquest in the following circumstances only:
a) Where the Chief of Police and/or the Board does not provide counsel to represent the member at the inquest at the Board’s expense; or,
b) Where the counsel provided by the Chief of Police or the Board to represent either or both of them along with the member is of the opinion that it would be improper for him/her to act for both the Chief of Police or the Board and the member in that action.
29.3 29-06 Where during an inquest under a member is the Coroner's subject of a hearing before the Ontario Civilian Commission on Police Services as a result of a hearing held pursuant to section 70 (1) (2) (3) or (4) of the Police Services Act a member's conduct R.S.O. 1990 and the decision of the Commission is called into question because of acts done in the performance of his dutiesmisconduct was not proved, the member shall be indemnified for any necessary and reasonable legal costs arising directly arising from the protection defence of the member's interest at such inquiry, but only ifcomplaint being heard by the Commission. (revised 1999)
29-07 Members shall be indemnified for the legal costs incurred in relation to Special Investigations Unit investigations subject to the conditions set out below:
a) This provision shall apply to all members who are or appear to be considered subject officers in relation to the S.I.U. investigation.
b) Where more than one member appears to be or is deemed to be the subject officer in relation to the same incident, one counsel shall represent each member so involved. Witness officers shall not use same counsel as subject officers. (iRevised 2013 Xxxxxx Arbitration)
c) In the event that members of the S.I.U. intend to interview members, the President of the Association and the Chief of Police Police, or their designates, shall be notified and they shall make any determination required in respect to the number of counsel as outlined in sub-section (b).
d) The member or members shall be indemnified for all legal costs incurred until the member is finally cleared of any wrongdoing or until such time as the member(s) is charged with a criminal or statutory offence at which time Section 32 and the provisions therein outlined will apply. (new and renumbered 1999)
29-08 Where a member intends to apply to the Board does for indemnification hereunder, the member shall, within thirty (30) days of being charged or receiving notice of other legal proceedings covered herein, or receiving notice that he/she will not provide counsel to represent the York Regional Police, at the Board's expense; or
(ii) in the opinion of be represented by counsel retained by the Chief of Police or and/or the Board Board, apply in writing to represent the York Regional Police, it would be improper for him to represent the member and the Chief and/or of Police or to the Board before that inquiry.
29.4 To qualify officer designated by the Chief of Police to deal with such applications for financial assistance under 29.1, 29.2 or 29.3, the member shall obtain the Board's approval to retain counsel and approval of the counsel to be retained so retained. In the event of any dispute concerning the counsel to be retained, the matter shall be resolved by an officer designated by the Chief and a member of the Association Executive designated for that purpose. The term counsel herein shall be restricted to counsel whose practice is located in the County of Essex. (renumbered 1999)
29-09 Where the Chief of Police, pursuant to Board policy, elects to provide legal counsel to defend a member in any legal proceeding covered by application to this provision, the cost of such counsel is the Board’s responsibility irrespective of the outcome of the proceedings and neither the member nor the Board through may rely upon the Chiefother provisions of this policy. The Board's approval of counsel This subsection shall not be withheld unreasonably.deemed to apply to criminal prosecutions. (renumbered 1999)
29.5 The Board will 29-10 Members shall not consider any application be indemnified for financial assistance which relates to the legal representation of a member in connection with a costs arising from:
1. grievance or complaint made complaints under the provisions of collective agreement between the Police Services Act, 1990 of this Collective Agreement Board and the Association or for the legal defence of a member resulting from a discipline charge made under the Police Services Act, 1990, Regulations made ;
2. the actions or omissions of members acting in their capacity as private citizens;
3. discipline charges under that Act and all amendments thereto.
29.6 Where an investigation is commenced under Part VII of the Police Services Act and it appears regulations thereunder, except as set out in Section 29-06. (revised & renumbered 1999)
29-11 For the purpose of this provision, a member shall not be deemed to be “finally acquitted” if as a result of charges laid, he/she is subsequently found guilty of, or pleads guilty to, other charges arising out of the same incident or incidents, but nothing in this clause will disentitle the member to consideration under clause 29-02 hereof. (renumbered 1999)
29-12 For the purposes of this provision, “necessary and reasonable legal costs” shall be based on the account rendered by the solicitor performing the work, subject initially to the Chief of Police that a member requires legal counsel in responding to the investigation, the Chief of Police may arrange for legal counsel to provide counsel to the member in connection with the investigation of such terms as the Chief considers appropriate. As soon as practicable, the Chief shall bring his action and his recommendation to the attention approval of the Board who may approve or alter and, in the terms case of retention dispute between the solicitor doing the work and the Board, assessment on a solicitor and client basis by the Assessment Officer. (renumbered 1999) 29-13 In the cases of such legal counsel aggravated assault, assault causing bodily harm, or the Chief's recommendation included offence of ordinary assault, the indemnification referred to in respect thereofclause 29-01 shall be limited to only those fees that would have reasonably been incurred if the matter was tried in Provincial Judges’ Court unless the member first obtains permission to elect to be tried by any other court. Neither To obtain said permission, the Board nor member shall make an application, in writing, to the Chief shall provide legal counsel after the completion President of the investigation or Windsor Police Association. The decision to give said permission shall be made by the laying of information(s), as Article 29 President of the Civilian Collective Agreement is intended Windsor Police Association and the Chair of the Windsor Police Services Board. (renumbered 1999) 29-14 In the event that a dispute arises with regards to govern such matters.
29.7 All sections under Article 29 the interpretation or application of Section 29, the matter may be referred to an arbitrator as hereinafter named. Notice, in writing, shall be given to the other party and the arbitrator within ten (Legal Indemnification10) are calendar days of the decision of matter complained of. The arbitrator’s decision shall be final and binding on the parties. The arbitrator shall be selected on a rotational basis, subject to review and re- negotiation availability from the panel of arbitrators: To be named by either the Board or the Association when the Regulations agreement of the Police Services Act are proclaimed in forceparties. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitration.
29.8 A member who becomes involved in a matter which may entitle him/her to legal indemnification under this clause is entitled to receive funds from the Board for a retainer and/or for interim payment of legal costs as reasonably requested by the member’s counsel to a maximum of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if the member is finally determined not to be eligible for indemnification in accordance with this Agreement.(renumbered 1999)
Appears in 1 contract
Samples: Collective Agreement
LEGAL INDEMNIFICATION. For the purposes of legal costs, it shall include those costs of an Association approved para
29-legal service.
(A) 01 Subject to the other provisions of this Article, a member charged with and finally acquitted but not found guilty of a any criminal or statutory offence offence, because of acts done in the performance or an attempted performance in good faith of his employment or dutieshis/her duties as a peace officer/special constable, shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such charges. (revised 2006)
29-02 Notwithstanding clause 29-01, the Board may authorize payment of necessary and reasonable legal costs of a member pleading or being found guilty of an offence described in clause 29-01, where the court, instead of convicting the accused, grants him/her absolute discharge, provided that the Board accepts the recommendation of the Chief of Police, or an officer designated by him/her to make such a recommendation, that the member’s actions as a peace officer/special constable in the course of performing his/her duties were motivated by an intent to do his/her lawful duty, that such actions do not constitute any of the actions described in clause 29-01 hereof, and that such indemnification will not, in the opinion of the Board, reduce respect for law enforcement in the City of Windsor.
(B) Members shall not be indemnified for legal costs arising from 29-03 Notwithstanding clause 29-01, the Board may refuse payment otherwise authorized under clause 29-01 where 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 from which the charges arose amounted to a gross dereliction of duty or conditional discharge or where, if deliberate abuse of his/her powers 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 incidentspeace officer/special constable.
29.2 When 29-04 Where a member is a defendant in a civil action for damages because of acts done in the course an attempted performance in good faith of his employment or his/her duties he as a peace officer/special constable, 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:
(ia) where Where the Board is not joined in the action as a party pursuant to s. 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 tortfeasors tortfeasers at the Board's ’s sole expense;
(iib) where Where the Board and/or Chief of Police is joined as a party or elects to defend the action, but the Solicitor solicitor retained on behalf of the Board and/or Chief of Police and the member is of the view that it would be improper for him him/her to act for both the Board and/or Chief of Police and the member in that action.
29-05 A member whose conduct is called into question in the course of an inquiry under the Coroner’s Act because of actions done in the attempted performance in good faith of his/her duties as peace officer/special constable, he/she shall be indemnified for the necessary and reasonable legal costs incurred in representing his/her interest in any such inquest in the following circumstances only:
a) Where the Chief of Police and/or the Board does not provide counsel to represent the member at the inquest at the Board’s expense; or,
b) Where the counsel provided by the Chief of Police or the Board to represent either or both of them along with the member is of the opinion that it would be improper for him/her to act for both the Chief of Police or the Board and the member in that action.
29.3 29-06 Where during an inquest under a member is the Coroner's subject of a hearing before the Ontario Civilian Commission on Police Services as a result of a hearing held pursuant to section 70 (1) (2) (3) or (4) of the Police Services Act a member's conduct R.S.O. 1990 and the decision of the Commission is called into question because of acts done in the performance of his dutiesmisconduct was not proved, the member shall be indemnified for any necessary and reasonable legal costs arising directly arising from the protection defence of the member's interest at such inquiry, but only ifcomplaint being heard by the Commission. (revised 1999)
29-07 Members shall be indemnified for the legal costs incurred in relation to Special Investigations Unit investigations subject to the conditions set out below:
a) This provision shall apply to all members who are or appear to be considered subject officers in relation to the S.I.U. investigation.
b) Where more than one member appears to be or is deemed to be the subject officer in relation to the same incident, one counsel shall represent each member so involved. Witness officers shall not use same counsel as subject officers. (iRevised 2013 Xxxxxx Arbitration)
c) In the event that members of the S.I.U. intend to interview members, the President of the Association and the Chief of Police Police, or their designates, shall be notified and they shall make any determination required in respect to the number of counsel as outlined in sub-section (b).
d) The member or members shall be indemnified for all legal costs incurred until the member is finally cleared of any wrongdoing or until such time as the member(s) is charged with a criminal or statutory offence at which time Section 32 and the provisions therein outlined will apply. (new and renumbered 1999)
29-08 Where a member intends to apply to the Board does for indemnification hereunder, the member shall, within thirty (30) days of being charged or receiving notice of other legal proceedings covered herein, or receiving notice that he/she will not provide counsel to represent the York Regional Police, at the Board's expense; or
(ii) in the opinion of be represented by counsel retained by the Chief of Police or and/or the Board Board, apply in writing to represent the York Regional Police, it would be improper for him to represent the member and the Chief and/or of Police or to the Board before that inquiry.
29.4 To qualify officer designated by the Chief of Police to deal with such applications for financial assistance under 29.1, 29.2 or 29.3, the member shall obtain the Board's approval to retain counsel and approval of the counsel to be retained so retained. In the event of any dispute concerning the counsel to be retained, the matter shall be resolved by an officer designated by the Chief and a member of the Association Executive designated for that purpose. The term counsel herein shall be restricted to counsel whose practice is located in the County of Essex. (renumbered 1999)
29-09 Where the Chief of Police, pursuant to Board policy, elects to provide legal counsel to defend a member in any legal proceeding covered by application to this provision, the cost of such counsel is the Board’s responsibility irrespective of the outcome of the proceedings and neither the member nor the Board through may rely upon the Chiefother provisions of this policy. The Board's approval of counsel This subsection shall not be withheld unreasonably.
29.5 The Board will not consider any application for financial assistance which relates deemed to the legal representation of a member in connection with a apply to criminal prosecutions. (renumbered 1999) 1. grievance or complaint made complaints under the provisions of collective agreement between the Police Services Act, 1990 of this Collective Agreement Board and the Association or for the legal defence of a member resulting from a discipline charge made under the Police Services Act, 1990, Regulations made under that Act and all amendments thereto.
29.6 Where an investigation is commenced under Part VII of the Police Services Act and it appears to the Chief of Police that a member requires legal counsel in responding to the investigation, the Chief of Police may arrange for legal counsel to provide counsel to the member in connection with the investigation of such terms as the Chief considers appropriate. As soon as practicable, the Chief shall bring his action and his recommendation to the attention of the Board who may approve or alter the terms of retention of such legal counsel or the Chief's recommendation in respect thereof. Neither the Board nor the Chief shall provide legal counsel after the completion of the investigation or the laying of information(s), as Article 29 of the Civilian Collective Agreement is intended to govern such matters.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- negotiation by either the Board or the Association when the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitration.
29.8 A member who becomes involved in a matter which may entitle him/her to legal indemnification under this clause is entitled to receive funds from the Board for a retainer and/or for interim payment of legal costs as reasonably requested by the member’s counsel to a maximum of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if the member is finally determined not to be eligible for indemnification in accordance with this Agreement.;
Appears in 1 contract
Samples: Collective Agreement
LEGAL INDEMNIFICATION. For the purposes of legal costs, it shall include those costs of an Association approved para-legal service.
(Aa) Subject to the other provisions of this Articlearticle, a member member, past or present, charged with and finally acquitted of a criminal or statutory offence offense, because of acts done in the performance or attempted performance in good faith of his employment or duties, duties as a police officer shall be indemnified for the necessary and reasonable legal costs incurred in the defence defense of such charges.
(Bb) Members shall not Subject to other provisions of this article, a member, past or present, charged with a criminal or statutory offence, because of acts done in the attempted performance in good faith of his duties as a police officer may, as decided in the sole discretion of the Board, be indemnified for the necessary and reasonable legal costs arising from incurred in the defense of such charges where such charges are disposed of by administrative or judicial procedure without conviction or acquittal.
23.02 Notwithstanding article 23 or any municipal by-law, the Board may refuse payment otherwise authorized under article 23 where the actions of the officer from which the charges arose amounted to a gross dereliction of duty or omissions deliberate abuse 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 his powers 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 incidentspolice officer.
29.2 When 23.03 Where a member member, past or present, is a defendant in a civil action for damages because of acts done in the course attempted performance in good faith of his employment or duties as a police officer, he shall be indemnified for the necessary and reasonable legal costs incurred in the defence defense of such an action in the following circumstances only:
(i) where the Board and/or Chief of Police is not joined in the action as a party pursuant to s. 50 the section 50(1) of the Police Services Act, and the Board and/or Chief of Police does not defend the action on behalf of itself himself and of the member as a joint tortfeasors at the Board's ’s sole expense;.
(iia) where Where a member, past or present, intends to apply to the Board for indemnification hereunder, the member shall, within thirty (30) days of being charged or receiving notice of legal proceedings covered herein, apply in writing to the Chief of Police or to the officer designated by the Chief of Police to deal with such applications for approval to retain counsel and approval of the counsel to be so retained. In the event of any dispute concerning the counsel to be retained, the matter shall be resolved by an officer designated by the Chief of Police and a member of the Association Executive designated for that purpose.
(b) Where the Board is joined notified of a legal action against a member, the Board shall notify the Association as a party soon as is practicable.
23.05 For greater certainty, members, past or elects to defend present, shall not be indemnified for legal costs arising from:
(a) Grievances or complaints under the action, but the Solicitor retained on behalf of Collective Agreement between the Board and the member Association or under the Police Services Act;
(b) The actions or omissions of members acting in their capacity as private citizens; and
(c) Proceeding and discipline charges under the Police Services Act and Regulations.
(a) Where a member, past or present, is personally the subject (not a witness) of an inquiry before the Ontario Human Rights Tribunal, the member, past or present may, at the sole discretion of the view Board, be indemnified for the necessary and reasonable costs arising directly from being names in the inquiry, for any acts that it would be improper for him occurred while on duty in the attempted performance in good faiths his duties as a police officer.
(b) The Board retains the right to act for both resolve any complaint. If the Board agrees to resolve the complaint and the member in that actiondoes not agree, the member shall be responsible for any costs associated with continuing with the complaint.
29.3 23.07 Where a member, past or present, is personally the subject of an inquiry (not a witness) before the Ontario Civilian Police Commission on Police Services pursuant to Section 22(1)(e) of the Police Services Act, the member, past or present, may, at the sole discretion of the Board, be indemnified for the necessary and reasonable costs arising directly from being named in the inquiry, for any acts that occurred while on duty in the attempted performance in good faith of his duties as a police officer.
23.08 Where a member, past or present, has been identified as a subject or witness officer during an inquest under investigation by the Coroner's Act a member's conduct is called into question Special Investigations Unit, because of acts done in the attempted performance in good faith of his duties, the member duties as a police officer he shall be indemnified for any the necessary and reasonable legal costs directly arising from the protection of the member's interest at such inquiry, but only iffor:
(ia) up to a total of three (3) hours of his solicitor’s time for consultation including the initial interview with the Special Investigations Unit; and
(b) the solicitor’s time during any subsequent interviews with the Special Investigations Unit conditional upon the approval of 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 assistance under 29.1, 29.2 or 29.3, the member shall obtain the Board's his designate. Such approval of counsel to be retained by the member by application to the Board through the Chief. The Board's approval of counsel shall not be withheld unreasonablyunreasonably withheld.
29.5 The Board will not consider any application for financial assistance which relates to 23.09 Where a member, past or present, has been identified as a subject or witness officer during an investigation directed by the legal representation Ontario Independent Police Review Directorate, because of acts done in the attempted performance in good faith of his duties as a member in connection with a grievance or complaint made under the provisions of the Police Services Act, 1990 of this Collective Agreement or police officer he shall be indemnified for the necessary and reasonable legal defence costs for:
(a) up to a total of a member resulting from a discipline charge made under two (2) hours of his solicitor’s time for consultation including the Police Services Act, 1990, Regulations made under that Act and all amendments thereto.
29.6 Where an investigation is commenced under Part VII of the Police Services Act and it appears to the Chief of Police that a member requires legal counsel in responding to the investigation, the Chief of Police may arrange for legal counsel to provide counsel to the member in connection initial interview with the investigation of such terms as the Chief considers appropriate. As soon as practicable, the Chief shall bring his action and his recommendation to the attention of the Board who may approve or alter the terms of retention of such legal counsel or the Chief's recommendation in respect thereof. Neither the Board nor the Chief shall provide legal counsel after the completion of the investigation or the laying of information(s), as Article 29 of the Civilian Collective Agreement is intended to govern such matters.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- negotiation by either the Board or the Association when the Regulations of the Ontario Independent Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitration.
29.8 A member who becomes involved in a matter which may entitle him/her to legal indemnification under this clause is entitled to receive funds from the Board for a retainer and/or for interim payment of legal costs as reasonably requested by the member’s counsel to a maximum of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if the member is finally determined not to be eligible for indemnification in accordance with this Agreement.Review Directorate; and
Appears in 1 contract
Samples: Collective Agreement
LEGAL INDEMNIFICATION. For the purposes of legal costs, it shall include those costs of an Association approved para-legal service.
(A) 49.1 Subject to the other provisions of this Article, a member charged with and finally acquitted of a criminal or statutory offence offence, because of acts done while on duty in the performance or attempted performance in good faith of his employment or duties, his/her duties as a police officer shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such chargescharges provided that such necessary and reasonable legal costs shall not exceed $260.00 per hour in respect of a lawyer performing the work, or $90.00 per hour in the event that a paralegal is performing the work.
(B) Members shall not be indemnified for legal costs arising from 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 omissions abuse 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 his/her powers 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 incidentspolice officer.
29.2 When 49.3 Where a member is a defendant in a civil action for damages because of acts done in the course attempted performance in good faith of his employment his/her duties as a police officer, and the action is not defended by the insurance carrier of the Regional Municipality of Niagara or duties he 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 i. Where the Board Chief of Police is not joined in the action as a party pursuant to s. section 50 of the Police Services Act, and or the Board Chief of Police does not defend the action on behalf of itself himself/herself and of the member as joint tortfeasors tort-feasors at the Board's sole expense;.
(ii) where . Where the Board Chief of Police is joined as a party or and the Board elects to defend the action, but the Solicitor solicitor retained on behalf of the Board and the member is of the view that it would be improper for him him/her to act for both the Board 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.
29.3 Where during 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 inquest inquiry initiated under Section 25 or Section 26 of the Coroner's Act a member's 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 Inquiries Act or a Royal Commission, because of acts done in the attempted performance in good faith of his dutiesa member's duties as a police officer, shall be indemnified by the Niagara Police Board for the necessary and reasonable legal costs incurred in representing his/her interests in such an inquiry on the following conditions:
49.4.1 Where one or more than one member of the Police Service is subpoenaed or requested to appear, other than the Chief of Police, in such a case there shall be only one counsel representing the members of the Police Service, excluding the Chief of Police, and;
49.4.2 Where the counsel representing the members of the Service, excluding the Chief of Police, is of the opinion that it would be improper for him/her to act for both the member and the other members of the Service, he/she shall notify the Board forthwith of such concerns. The Board shall decide if additional counsel shall be retained with respect to the indemnification provisions of this Article, and;
49.4.3 If the Board has retained counsel in such proceedings, the Board’s solicitor will provide advice to, and represent, any member or members who are requested to appear, or who are subpoenaed, or whose conduct is called into question for the reasons set out in 49.4 unless the Board’s solicitor determines that a conflict of interest exists. If such conflict exists, then the provisions of 49.4.1 and 49.4.2 apply. The Board shall decide, based on the advice of its solicitor, if additional counsel shall be retained with respect to the indemnification provisions of this article.
49.4.4 A member or members of the Service shall not be indemnified unless they are found not guilty of misconduct in the proceeding for which legal indemnification is sought.
49.4.5 A member or members of the Service shall not be indemnified for such legal costs if such indemnification, in the opinion of the Board, would reduce respect for law enforcement in the Regional Municipality of Niagara.
49.5 In the event that a member intends to apply to the Board for indemnification pursuant to the provisions of this Article, the following shall apply:
49.5.1 The member shall, within thirty (30) days of being charged or of receiving notice of other legal proceedings provided for in this article, apply in writing to the Chief of Police or his designee for approval to retain counsel or a paralegal and for the approval of the counsel or paralegal to be so retained.
49.5.2 In the event of any dispute concerning the counsel or paralegal to be retained, the matter shall be resolved by an officer designated by the Chief of Police and a member of the Association Executive designated for that purpose.
49.5.3 The application of the member for indemnification shall include:
i. a fee schedule provided by the lawyer or paralegal setting out his or her hourly rate, and confirming that the fees will be charged at the lesser of the lawyer or paralegal’s normal hourly rate, or $260.00 for a lawyer or $90.00 for a paralegal;
ii. an estimate, where practicable, of the total charges that will be incurred in the matter, and
iii. the lawyer or xxxxxxxxx's undertaking to submit monthly statements to the Board showing the time spent and the charges incurred on the file during the month. If the application is approved, the Board reserves the right to refuse payment of the lawyer or paralegal’s account if the counsel or paralegal fails to submit monthly statements in accordance with subparagraph (iii) above, provided that it has given 30 days written notice of its intention to do so to the lawyer or paralegal, with a copy to the Association, and the lawyer or paralegal has not remedied the situation prior to the expiry of the 30 days.
49.5.4 The Board has the right to negotiate fees with the lawyer or paralegal to be retained, and the affected member has the right to be present during the fee negotiations.
49.5.5 There shall be a cap on the legal fees of $260.00 per hour. In addition, a lawyer may charge for travel time at the rate of $130.00 per hour, to a maximum of four (4) hours per day.
49.6 For greater certainty, members shall not be indemnified for legal costs arising from:
49.6.1 grievances or complaints under the Collective Agreement between the Board and the Association or under the Police Services Act;
49.6.2 the actions or omissions of members acting in their capacity as private citizens;
49.6.3 discipline charges under the Police Services Act and Regulations.
49.7 For the purpose of this provision, a member shall not be deemed to be "finally acquitted" if, as a result of charges laid, he/she is subsequently found guilty of, or pleads guilty to, other charges arising out of the same incident or incidents.
49.8 For the purpose of this provision "necessary and reasonable legal costs" shall be based on the account rendered by the solicitor or paralegal performing the work, subject to taxation by an assessment officer of the Supreme Court of Ontario. If the General Counsel for the Association attends at a S.I.U. call outside normal business hours in circumstances where outside counsel is unavailable or there is a conflict that requires more than one counsel, the Association will be reimbursed at the rate of $150.00 per hour.
49.9 In the cases of aggravated assault, assault causing bodily harm or the included offence of ordinary assault, the indemnification referred to in clause 49.1 shall be limited to only those fees that would have reasonably been incurred if the matter was tried in Provincial Court unless the officer first obtains permission to elect to be tried by any other court. To obtain the said approval of the Board, the officer shall make an application in writing to the Chief of Police and the decision shall be at the discretion of the Niagara Regional Police Services Board.
49.10 Subject to other provisions of this Article, a member who is the Subject Officer in a Special Investigations Unit (S.I.U.) investigation may make application for legal indemnification subject to and upon the receipt of a final determination or recommendation by S.I.U. that criminal charges or other punitive actions will not be initiated or pursued.
49.11 A member who is required as a witness by the Special Investigations Unit (S.I.U.) in the course of an investigation into the conduct of another member shall be indemnified for any the necessary legal costs incurred by the member as a witness.
49.12 A member or members of the Service will be indemnified for the necessary and reasonable legal costs directly associated costs, including but not limited to, hotel, meals and airfare, which result from any criminal, statutory or civil matters arising from the protection out of the member's interest at such inquiry, but only if:
(i) deployment outside of the Chief of Region and/or to another Police Service 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 agency if the member and the Chief and/or the Board before that inquiry.
29.4 To qualify for financial assistance under 29.1, 29.2 or 29.3, the member shall obtain the Board's approval of counsel to be retained by the member by application to the Board through the Chief. The Board's approval of counsel shall not be withheld unreasonably.
29.5 The Board will not consider any application for financial assistance which relates to the legal representation of a member in connection with a grievance or complaint made under the provisions of the Police Services Act, 1990 of this Collective Agreement or for the legal defence of a member resulting from a discipline charge made under the Police Services Act, 1990, Regulations made under that Act and all amendments thereto.
29.6 Where an investigation is commenced under Part VII of the Police Services Act and it appears to the Chief of Police that a member requires legal counsel in responding to the investigation, the Chief of Police may arrange for legal counsel to provide counsel to the member in connection with the investigation of such terms as the Chief considers appropriate. As soon as practicable, the Chief shall bring his action and his recommendation to the attention of the Board who may approve or alter the terms of retention of such legal counsel or the Chief's recommendation in respect thereof. Neither the Board nor the Chief shall provide legal counsel after the completion of the investigation or the laying of information(s), as Article 29 of the Civilian Collective Agreement is intended to govern such matters.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- negotiation by either the Board or the Association when the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitration.
29.8 A member who becomes involved in a matter which may entitle him/her entitled to legal indemnification under this clause is entitled Agreement in relation to receive funds from the Board for a retainer and/or for interim payment of legal costs as reasonably requested by the member’s counsel to a maximum of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if the member is finally determined not to be eligible for indemnification in accordance with this Agreementsame matters.
Appears in 1 contract
Samples: Collective Agreement
LEGAL INDEMNIFICATION. For the purposes of legal costs, it shall include those costs of an Association approved para-legal service.
(A) 28.01 Subject to the other provisions of this Articlearticle, a member charged with and finally acquitted of a criminal or statutory offence offense, because of acts done in the performance or attempted performance in good faith of his employment or duties, duties as a police officer shall be indemnified for the necessary and reasonable legal costs incurred in the defence defense of such charges.
(B28.02 Notwithstanding article 28.01, the Board may refuse payment otherwise authorized under article 28.01 where the actions of the officer from which the charges arose amounted to a dereliction of duty or abuse of his powers as a police officer.
28.03 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 duties as a police officer, he shall be indemnified for the necessary and reasonable legal costs incurred in the defense of such action where the Chief of Police is not joined in the action as a party pursuant to the section 50(1) Members of the Police Services Act, and the Chief of Police does not defend the action on behalf of himself and of the member as a joint tortfeasors at the Board’s sole expense.
28.04 Where a member intends to apply to the Board for indemnification hereunder, the member shall, within ten days of being charged or receiving notice of legal proceedings covered herein, apply in writing to the Chief of Police or to the officer designated by the Chief of Police to deal with such applications for approval to retain counsel and approval of the counsel to be so retained. In the event of any dispute concerning the counsel to be retained, the matter shall be resolved by an officer designated by the Chief of Police and a member of the Association Executive designated for that purpose.
28.05 For greater certainty, members shall not be indemnified for legal costs arising from from:
(a) Grievances or complaints under the Collective Agreement between the Board and the Association or under the Police Services Act;
(b) The actions or omissions of members acting in their capacity as private citizens. ;
(c) Proceeding and discipline charges under the Police Services Act and Regulations.
28.06 For the purpose of Clause 29.1 (A) this provision, a Member: member shall not 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, “finally acquitted” 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 28.07 For the purposes of this provision, “necessary and reasonable legal costs” shall be based on the account rendered by the Solicitor performing the work, subject to the approval of the Solicitor for the Police Services Board, or, in the case of disagreement, subject to an assessment by an Assessment officer whose decision shall bind the parties.
28.08 Where a member is has been identified as a defendant in a civil action for damages because of acts done in subject or witness officer during an investigation by the course of his employment or duties Special Investigations Unit, he shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such an action in the following circumstances onlyfor:
(ia) where up to a total of three (3) hours of his solicitor’s time for consultation including the Board is not joined in initial interview with 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;Special Investigations Unit
(iib) where the Board is joined as a party or elects to defend solicitor’s time during any subsequent interviews with the action, but Special Investigations Unit conditional upon the Solicitor retained on behalf approval 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 assistance under 29.1, 29.2 or 29.3, the member shall obtain the Board's his designate. Such approval of counsel to be retained by the member by application to the Board through the Chief. The Board's approval of counsel shall not be withheld unreasonablyunreasonably withheld.
29.5 The Board will not consider any application for financial assistance which relates to the legal representation of a member in connection with a grievance or complaint made under the provisions of the Police Services Act, 1990 of this Collective Agreement or for the legal defence of a member resulting from a discipline charge made under the Police Services Act, 1990, Regulations made under that Act and all amendments thereto.
29.6 Where an investigation is commenced under Part VII of the Police Services Act and it appears to the Chief of Police that a member requires legal counsel in responding to the investigation, the Chief of Police may arrange for legal counsel to provide counsel to the member in connection with the investigation of such terms as the Chief considers appropriate. As soon as practicable, the Chief shall bring his action and his recommendation to the attention of the Board who may approve or alter the terms of retention of such legal counsel or the Chief's recommendation in respect thereof. Neither the Board nor the Chief shall provide legal counsel after the completion of the investigation or the laying of information(s), as Article 29 of the Civilian Collective Agreement is intended to govern such matters.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- negotiation by either the Board or the Association when the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitration.
29.8 A member who becomes involved in a matter which may entitle him/her to legal indemnification under this clause is entitled to receive funds from the Board for a retainer and/or for interim payment of legal costs as reasonably requested by the member’s counsel to a maximum of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if the member is finally determined not to be eligible for indemnification in accordance with this Agreement.
Appears in 1 contract
Samples: Collective Agreement
LEGAL INDEMNIFICATION. For the purposes of legal costs, it shall include those costs of an Association approved para-legal service.
(A) 34.1 Subject to the other provisions of this Article, a member charged with and finally acquitted of a criminal or statutory offence offence, because of acts done while on duty in the performance or attempted performance in good faith of his employment or duties, his/her duties as a Civilian member 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 $245.00 per hour in respect of a lawyer performing the work, or $90.00 per hour in the event that a para-legal is performing the work, and shall not include any allowance for travel time.
(B) Members shall not be indemnified for legal costs arising from 34.2 Notwithstanding clause 34.1, the Board may refuse payment otherwise authorized under clause 34.1 where the actions of the Civilian member from which the charges arose mounted to a dereliction of duty or omissions abuse 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 his/her powers as a result of charges laid he is subsequently found guilty of, or pleads guilty to, other charges arising out Civilian member of the same incident or incidentsService.
29.2 When 34.3 Where a member is a defendant in a civil action for damages because of acts done in the course attempted performance in good faith of his employment his/her duties as a member of the Service, and the action is not defended by the insurance carrier of the Regional Municipality of Niagara or duties he 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 34.3.1 Where the Board Chief of Police is not joined in the action as a party pursuant to s. Section 50 of the The Police Services Act, and or the Board Chief of Police does not defend the action on behalf of itself himself/herself and of the member as joint tortfeasors tort-feasors at the Board's sole expense;
(ii) where 34.3.2 Where the Board Chief of Police is joined as a party or and the Board elects to defend the action, but the Solicitor solicitor retained on behalf of the Board and the member is of the view that it would be improper for him him/her to act for both the Board 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 and such decision is not reviewable by an Arbitrator.
29.3 Where during 34.3.3 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.
34.4 A member of the Service who is requested or subpoenaed to appear before an inquest inquiry initiated under the Coroner's Act a member's 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 Inquiries Act or a Royal Commission, because of acts done in the attempted performance in good faith of his dutiesa member's duties as a Civilian member of the Service, the member shall be indemnified by the Niagara Police Board for any the necessary and reasonable legal costs directly arising from incurred in representing his/her interests in such an inquiry on the protection following conditions:
34.4.1 Where one or more than one member of the member's Service is subpoenaed to appear, other than the Chief of Police, in such a case there shall be only one counsel representing the members of the Service, excluding the Chief of Police, and;
34.4.2 Where the counsel representing the members of the Service, excluding the Chief of Police, is of the opinion that it would be improper for him/her to act for both the member and the other members of the Service, he/she shall notify the Board forthwith of such concerns. The Board shall decide if additional counsel shall be retained with respect to the indemnifications provisions of this Article and such decision is not reviewable by an Arbitrator, and;
34.4.3 If the Board has retained counsel in such proceedings, the Board’s solicitor will provide advice to, and represent, any member or members who are requested to appear, or who are subpoenaed, or whose conduct is called into question for the reasons set out in 34.4 unless the Board’s solicitor determines that a conflict of interest at exists. If such inquiryconflict exists, but only ifthen the provisions of 34.5.1 and 34.5.2 apply. The Board shall decide, based on the advice of its solicitor, if additional counsel shall be retained with respect to the indemnification provisions of this article and such decision is not reviewable by an arbitrator.
34.4.4 A member or members of the Service shall not be indemnified unless they are found not guilty of misconduct in the proceeding for which legal indemnification is sought.
34.4.5 A member or members of the Service shall not be indemnified for such legal costs if such indemnification, in the opinion of the Board, would reduce respect for law enforcement in the Regional Municipality of Niagara.
34.5 In the event that a member intends to apply to the Board for indemnification pursuant to the provisions of this Article, the following shall apply:
34.5.1 The member shall, within thirty (i30) days of being charged or of receiving notice of other legal proceedings provided for in this article, apply in writing to the Chief of Police or his designee for approval to retain counsel or a paralegal and for the Board does not provide approval of the counsel or paralegal to represent be so retained.
34.5.2 In the York Regional Policeevent of any dispute concerning the counsel or paralegal to be retained, at the Board's expense; or
(ii) in the opinion of counsel retained matter shall be resolved by an officer designated by the Chief of Police and a member of the Association Executive designated for that purpose.
34.5.3 The application of the member for indemnification shall include:
i. a fee schedule provided by the lawyer or paralegal setting out his or her hourly rate, and confirming that the fees will be charged at the lesser of the lawyer or paralegal’s normal hourly rate, or $245.00 for a lawyer or $90.00 for a paralegal;
ii. an estimate, where practicable, of the total charges that will be incurred in the matter, and
iii. the lawyer or paralegal's undertaking to submit monthly statements to the Board showing the time spent and the charges incurred on the file during the month. If the application is approved, the Board reserves the right to refuse payment of the lawyer or paralegal’s account if the counsel or paralegal fails to submit monthly statements in accordance with subparagraph (iii) above, provided that it has given 30 days written notice of its intention to do so to the lawyer or paralegal, with a copy to the Association, and the lawyer or paralegal has not remedied the situation prior to the expiry of the 30 days.
34.5.4 The Board has the right to negotiate fees with the lawyer or paralegal to be retained, and the affected member has the right to be present during the fee negotiations.
34.5.5 There shall be a cap on the legal fees of $245.00 per hour with no allowance for travelling time.
34.6 For greater certainty, members shall not be indemnified for legal costs arising from:
34.6.1 Grievances or complaints under the Collective Agreement between the Board and the Association or under The Police Services Act;
34.6.2 The actions or omissions of members acting in their capacity as private citizens;
34.7 For the purpose of this provision, a member shall not be deemed to be "finally acquitted" if, as a result of charges laid, he/she is subsequently found guilty of, or pleads guilty to other charges arising out of the same incident or incidents.
34.8 For the purpose of this provision, "necessary and reasonable legal costs" shall be based on the account rendered by the solicitor or paralegal performing the work, subject to taxation by an assessment officer of the Supreme Court of Ontario. If the General Counsel for the Association attends at a S.I.U. call outside normal business hours in circumstances where outside counsel is unavailable or there is a conflict that requires more than one counsel, the Association will be reimbursed at the rate of $150.00 per hour.
34.9 In the case of aggravated assault, assault causing bodily harm or the Board included offence of ordinary assault, the indemnification referred to represent in clause 34.1 shall be limited to only those fees that would have reasonably been incurred if the York Regional Police, it would be improper for him to represent matter was tried in Provincial Court unless the member and first obtains permission to elect to be tried by any other court. To obtain the Chief and/or said approval of the Board before that inquiry.
29.4 To qualify for financial assistance under 29.1, 29.2 or 29.3Board, the member shall obtain the Board's approval of counsel to be retained by the member by make an application to the Board through the Chief. The Board's approval of counsel shall not be withheld unreasonably.
29.5 The Board will not consider any application for financial assistance which relates to the legal representation of a member in connection with a grievance or complaint made under the provisions of the Police Services Act, 1990 of this Collective Agreement or for the legal defence of a member resulting from a discipline charge made under the Police Services Act, 1990, Regulations made under that Act and all amendments thereto.
29.6 Where an investigation is commenced under Part VII of the Police Services Act and it appears writing to the Chief of Police that and the decision shall be at the discretion of the Niagara Regional Police Services Board.
34.10 Subject to other provisions of this Article, a member requires legal counsel who is the Subject Officer in responding to the investigation, the Chief of Police a Special Investigations Unit (S.I.U.) investigation may arrange make application for legal counsel indemnification subject to provide counsel to and upon the member in connection with the investigation receipt of such terms as the Chief considers appropriate. As soon as practicable, the Chief shall bring his action and his a final determination or recommendation to the attention of the Board who may approve by S.I.U. that criminal charges or alter the terms of retention of such legal counsel other punitive actions will not be initiated or the Chief's recommendation in respect thereof. Neither the Board nor the Chief shall provide legal counsel after the completion of the investigation or the laying of information(s), as Article 29 of the Civilian Collective Agreement is intended to govern such matterspursued.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- negotiation by either the Board or the Association when the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitration.
29.8 34.11 A member who becomes involved is required as a witness by the Special Investigations Unit (S.I.U.) in a matter which the course of an investigation into the conduct of any member of this Police Service may entitle him/her to make application for legal indemnification under this clause is entitled in respect of legal fees to receive funds from be incurred by the Board for member as a retainer and/or for interim witness, and the payment of the legal costs as reasonably requested by indemnification shall be subject to the member’s counsel to a maximum discretion of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if the member is finally determined not to be eligible for indemnification in accordance with this AgreementChief.
Appears in 1 contract
Samples: Collective Agreement
LEGAL INDEMNIFICATION. For 25.1 The Board’s Legal Indemnification policy is established in accordance with the purposes provision of legal costs, it shall include those costs Section 31(1)(h) of an Association approved para-legal servicethe Police Services Act.
(A) Subject to the other provisions of this Article, 25.2 The Board shall indemnify 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 all 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 by 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 that 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 carried out 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 ifhis/her duties in good faith as follows:
(a) In the defense of a civil action where:
i) the The Chief of Police or the Board does not provide counsel to represent the York Regional PoliceService, at the Board's ’s expense; or
(ii) in In the opinion of counsel retained by the Chief of Police or the Board to represent the York Regional PoliceService, it would be improper for him counsel to represent the member and both the Chief of Police and/or the Board before that inquiryand the member;
iii) And the member is not found to be liable.
29.4 To qualify b) In the defense of a criminal prosecution, if the member is found not guilty;
c) In respect of any other legal proceedings concerning acts done in the performance of the member’s duties, if the member is not found guilty of an offense arising out of these proceeding and if the proceeding finds that the member acted in good faith;
d) There shall be a presumption that acts or omissions of the subject officer were undertaken in good faith unless the contrary is demonstrated in the course of the proceeding.
25.3 The indemnification of legal costs incurred by members shall be based upon the following principles:
a) The Board shall only be responsible for financial assistance under 29.1necessary and reasonable costs incurred by the member;
b) The legal costs incurred by a member may be subject to assessment by the Board, 29.2 or 29.3before they are paid to a member;
c) Notwithstanding, the member Board may authorize payment of necessary and reasonable legal costs of a Member pleading or being found guilty of an offence described in 25.2(b), where the court, instead of convicting the accused, grants an absolute discharge, provided that the Board accepts the recommendation of the Chief of Police or an officer designated by the Chief, to do so.
d) Indemnification in civil proceedings shall obtain only apply in circumstances where the Board's approval of counsel to be retained Board is not vicariously liable for the actions committed by the member by application of the service;
e) Indemnification for legal costs will not occur until the conclusion of the proceedings to which the member is a party and the final result is ascertained. Indemnification for legal costs in any appellate proceeding are also conditional on the Board through approving indemnification for legal costs, in such proceeding, prior to its commencement.
f) Indemnification for legal costs shall only be available to members of the Chief. The Board's approval of counsel Service who are parties to any legal proceedings.
25.4 A member shall not be withheld unreasonably.indemnified under this article for legal costs arising from:
29.5 The Board will not consider any application for financial assistance which relates to the legal representation of a member in connection with a grievance a) Grievance or complaint made under the provisions collective agreement between the Board and the Association;
b) An act or omission of the Police Services Act, 1990 of this Collective Agreement or for the legal defence of member acting in their capacity as a member resulting from a private citizen;
c) An internal discipline charge made under the Police Services Act, R.S.O. 1990, Regulations made under that Act c. P. 15, and all amendments thereto.Regulations; or
29.6 Where an investigation is commenced under Part VII d) The evidence demonstrates a gross dereliction of duty or deliberate abuse of the Police Services Act and it appears to the Chief powers of Police that a member requires legal counsel in responding to the investigationpolice officer, the Chief of Police may arrange for legal counsel to provide counsel to the member in connection with the investigation of such terms as the Chief considers appropriate. As soon as practicable, the Chief shall bring his action and his recommendation to the attention of the Board who may approve or alter the terms of retention of such legal counsel or the Chief's recommendation in respect thereof. Neither the Board nor the Chief shall provide legal counsel after the completion of the investigation or the laying of information(s), as Article 29 of the Civilian Collective Agreement is intended to govern such matters.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- negotiation by either the Board or the Association when the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitration.
29.8 A member who becomes involved in a matter which may entitle him/her to legal indemnification under this clause is entitled to receive funds from the Board for a retainer and/or for interim payment of legal costs as reasonably requested by the member’s counsel to a maximum of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if the member is finally determined not to be eligible for indemnification in accordance with this Agreement.
25.5 S.I.U.
Appears in 1 contract
Samples: Collective Agreement
LEGAL INDEMNIFICATION. For the purposes of legal costs, it shall include those costs of an Association approved para-legal service.
(Aa) Subject to the other provisions of this Article, a member charged with and finally acquitted but not found guilty of a criminal or statutory offence offence, because of acts done in the performance or attempted performance in good faith of his employment or dutieshis/her duties as a police officer, 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.
(Bb) Members Subject to the other provisions of this Article, a member who is not charged with a criminal or statutory offence but who has been the subject of a criminal investigation because of acts done in the attempted performance in good faith of his/her duties as a police officer shall not be indemnified for the necessary and reasonable legal costs incurred by the member during that investigation unless, 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 such investigation, the member becomes the subject of a hearing under the Police Services Act and his or her conduct is subsequently found guilty ofto constitute misconduct or unsatisfactory work performance, in which event the member shall not be eligible for indemnification hereunder.
(c) Paragraph (b) hereof also applies to officers who, although not the subject of a criminal investigation, have incurred legal costs during the initial, on-site investigation by SIU. It is understood that the legal costs of one counsel for each officer identified as a subject officer will be indemnified and that the legal costs of one counsel collectively for all officers identified as witness officers will be indemnified with respect to that SIU investigation.
23:02 Notwithstanding paragraphs 23:01(a), (b) and (c), the Board may refuse payment otherwise authorized under paragraph 23:01(a), (b) or pleads guilty to, other charges arising out (c) where the actions of the same incident member from which the charges or incidentsinvestigation arose amounted to a gross dereliction of duty or deliberate abuse of his/her powers as a police officer.
29.2 When 23:03 Where a member is a defendant in a civil action for damages because of acts done in the course attempted performance in good faith of his employment or his/her duties he as a police officer 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:
(ia) where Where neither the Chief of Police nor the Board is not joined in the action as a party pursuant to s. 50 section 50(1) of the Police Services Act, and neither the Chief of Police or the Board does not defend defends the action on behalf of itself himself/herself and of the member as joint tortfeasors at the Board's sole expense;.
(iib) where Where the Chief of Police and/or the Board is are joined as a party or elects elect(s) to defend the action, but the Solicitor solicitor retained on behalf of the Chief of Police and/or the Board and the member is of the view that it would be improper for him him/her to act for both the Chief of Police and/or the Board and the member in that action.
29.3 (c) Where during an inquest under the Coroner's Act a member's Board’s or the City of Toronto’s insurer denies legal representation based upon any exclusion(s) in the applicable insurance contracts.
23:04 A member whose conduct is called into question in the course of an inquiry under the Coroners Act because of acts done in the attempted performance in good faith of his duties, the member his/her duties as a police officer shall be indemnified for any the necessary and reasonable legal costs directly arising from incurred in representing his/her interests in any such inquest in the protection of the member's interest at such inquiry, but only iffollowing circumstances only:
(ia) Where the Chief of Police or and/or the Board does not provide counsel to represent the York Regional Police, member at the inquest at the Board's expense; or
(iib) in Where the opinion of counsel retained provided by the Chief of Police or the Board to represent either or both of them along with the York Regional Police, member is of the opinion that it would be improper for him him/her to represent act for both the Chief of Police or the Board and the member and the Chief and/or the Board before in that inquiryaction.
29.4 To qualify (a) Where a complaint made by a member of the public against a member results because of the member’s conduct as a police officer in the member’s exoneration, but is then referred to the Ontario Civilian Commission on Police Services (“OCCPS”) under s. 72 of the Police Services Act for financial assistance under 29.1, 29.2 or 29.3review, the member shall obtain be indemnified for his/her necessary and reasonable legal costs incurred in respect of the review by OCCPS (and/or such other service other than the Toronto Police Service to which OCCPS may assign the review or investigation of the complaint) (the “review”) and, if the matter does proceed to a hearing, incurred in respect of the review and the hearing (whether the hearing is conducted by the Toronto Police Service or any other police force) provided the complaint is in respect of acts done in the attempted performance in good faith of the member’s duties as a police officer and, in the case of a review and hearing, provided the officer is not found guilty of misconduct or unsatisfactory work performance.
(b) A member who is the subject of a review, or of a review and a hearing under clause 23:05(a), in relation to acts done in his/her capacity as a private citizen shall be entitled to indemnification, in the case of a review, where the matter does not proceed to a hearing and, in the case of a review and a hearing, where he/she is not found guilty of misconduct or unsatisfactory work performance.
(c) A member’s necessary and reasonable legal costs incurred in respect of a hearing under clause 23:05(a) and (b), above, include legal costs incurred in respect of all related appeals provided the member is ultimately not found guilty of misconduct or unsatisfactory work performance.
(a) Where a member intends to apply to the Board for indemnification hereunder, the member shall, within thirty days of being charged or receiving notice of other legal proceedings covered herein, or receiving notice that he/she will not be represented by counsel retained by the Chief of Police and/or the Board, apply in writing to the Chief of Police or to the officer designated by the Chief of Police to deal with such applications for approval to retain counsel and approval of the counsel to be so retained. In the event of any dispute concerning the counsel to be retained, the matter shall be resolved by an officer designated by the Chief and a member of the Association Executive designated for that purpose.
(b) When a member advises his/her Unit Commander, in accordance with the Regulations of the Service, that he/she has been charged, or has received notice of other proceedings, the Unit Commander will advise the member in writing of the requirement to apply for indemnification within 30 days.
23:07 Where the Chief of Police, pursuant to Board policy, elects to provide legal counsel to defend a member in any legal proceeding covered by this provision, the cost of such counsel is the Board's approval responsibility irrespective of counsel to be retained by the outcome of the proceedings and neither the member by application to nor the Board through may rely upon the Chief. The Board's approval other provisions of counsel this policy.
23:08 For greater certainty, members shall not be withheld unreasonably.indemnified for legal costs arising from:
29.5 The Board will not consider any application for financial assistance which relates to the legal representation of a member in connection with a grievance (a) grievances or complaint made complaints under the provisions of the Police Services Act, 1990 of this Collective Agreement between the Board and the Association or for the legal defence of a member resulting from a discipline charge made under the Police Services Act, 1990, Regulations made under that Act and all amendments thereto;
(b) the actions or omissions of members acting in their capacity as private citizens.
29.6 Where an investigation is commenced (c) Subject to clause 23:05 discipline charges under Part VII of the Police Services Act and it appears to regulations thereunder.
23:09 For the Chief purpose of Police that a member requires legal counsel in responding to the investigation, the Chief of Police may arrange for legal counsel to provide counsel to the member in connection with the investigation of such terms as the Chief considers appropriate. As soon as practicable, the Chief shall bring his action and his recommendation to the attention of the Board who may approve or alter the terms of retention of such legal counsel or the Chief's recommendation in respect thereof. Neither the Board nor the Chief shall provide legal counsel after the completion of the investigation or the laying of information(sclause 23:01 (a), as Article 29 of a member
(a) shall be deemed to have been "not found guilty" where he/she is finally acquitted, where the Civilian Collective Agreement charges are withdrawn or where he/she is intended discharged following a preliminary inquiry; and
(b) shall be deemed to govern such matters.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- negotiation by either the Board or the Association when the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitration.
29.8 A member who becomes involved in a matter which may entitle him/her to legal indemnification under this clause is entitled to receive funds from the Board for a retainer and/or for interim payment of legal costs as reasonably requested by the member’s counsel to a maximum of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if have been "found guilty" where the member is finally determined not given an absolute or conditional discharge or where, if as a result of charges laid he/she is subsequently found guilty of, or pleads guilty to, other charges arising out of the same incident or incidents.
23:10 For the purposes of this provision, "necessary and reasonable legal costs" shall be based on the account rendered by the solicitor performing the work, subject initially to the approval of the City of Toronto Solicitor and, in the case of dispute between the solicitor doing the work and the City of Toronto Solicitor, taxation on a solicitor and client basis by the taxing officer.
23:11 For the purposes of this Article, a reference to any Act shall be eligible deemed to include any Act that in the future is enacted in place of the Act referred to in this Article.
23:12 For the purposes of this Article;
(a) The necessary and reasonable legal costs incurred by a member for which provision of legal indemnification is made shall be deemed to have been incurred by the member himself/herself notwithstanding that the member may have received financial assistance in accordance with this Agreementrespect thereof from the Association; and
(b) A member shall include a former member where the charges arose out of a situation that occurred while the former member was still an active member of the Service.
Appears in 1 contract
Samples: Collective Agreement
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 assistance under 29.1, 29.2 or 29.3, the member shall obtain the Board's approval of counsel to be retained by the member by application to the Board through the Chief. The Board's approval of counsel shall not be withheld unreasonably.
29.5 The Board will not consider any application for financial assistance which relates to the legal representation of a member in connection with a grievance or complaint made under the provisions of the Police Services Act, 1990 of this Collective Agreement or for the legal defence of a member resulting from a discipline charge made under the Police Services Act, 1990, Regulations made under that Act and all amendments thereto.
29.6 Where an investigation is commenced under Part VII of the Police Services Act and it appears to the Chief of Police that a member requires legal counsel in responding to the investigation, the Chief of Police may arrange for legal counsel to provide counsel to the member in connection with the investigation of such terms as the Chief considers appropriate. As soon as practicable, the Chief shall bring his action and his recommendation to the attention of the Board who may approve or alter the terms of retention of such legal counsel or the Chief's recommendation in respect thereof. Neither the Board nor the Chief shall provide legal counsel after the completion of the investigation or the laying of information(s), as Article 29 of the Civilian Collective Agreement is intended to govern such matters.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- re-negotiation by either the Board or the Association when the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitration.
29.8 A member who becomes involved in a matter which may entitle him/her to legal indemnification under this clause is entitled to receive funds from the Board for a retainer and/or for interim payment of legal costs as reasonably requested by the member’s counsel to a maximum of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if the member is finally determined not to be eligible for indemnification in accordance with this Agreement.
Appears in 1 contract
Samples: Civilian Working Agreement
LEGAL INDEMNIFICATION. For the purposes of legal costs, it shall include those costs of an Association approved para-legal service.
(A) 43.01 Subject to the other provisions of this Article, a member :
(a) an employee charged with and finally acquitted but found not guilty of a criminal or statutory offence other federal offence, because of acts done in good faith in the performance or attempted performance of his employment or dutieshis/her duties as an employee, shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such charges.;
(Bb) Members an employee charged with but found not guilty of a provincial offence, because of acts done in good faith in the performance of his/her duties as an employee, shall not be indemnified for up to five thousand dollars ($5,000) of the necessary and reasonable legal costs arising from incurred in the actions or omissions defence of members acting such charges;
(c) an employee who has been designated as a witness in their capacity as private citizens. For an investigation undertaken by the purpose of Clause 29.1 (A) a Member: Special Investigations Unit shall be deemed to have indemnified for the necessary and reasonable legal costs incurred during the initial, on-site investigation by the SIU. Where more than one employee has 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 designated as a result of charges laid he is subsequently found guilty ofwitness with respect to an SIU investigation, or pleads guilty to, other charges arising out of the same incident or incidents.necessary and reasonable legal costs will be indemnified for one counsel collectively for all witness employees;
29.2 When a member (d) where an employee is a defendant in a civil action for damages because arising out of acts done in good faith in the course performance of his employment his/her duties, and a government lawyer (or duties he in the case of an insured claim, counsel retained by the insurer) determines he/she is unable to act for the employee, the employee shall be indemnified for the necessary and reasonable legal costs incurred in defending the defence of such an action in action, if the following circumstances only:
(i) where the Board employee is not joined found to be liable. Any legal costs which are recovered by the employee in the action as shall be deducted from the reimbursement; and
(e) where an employee’s conduct has been called into question in the course of a party pursuant to s. 50 of the Police Services Act, Public Inquiry or a Coroner’s Inquest and the Board does not defend employee was acting in good faith in the action on behalf performance of itself his/her duties 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 counsel acting on behalf of the Board and the member Employer determines he/she is of the view that it would be improper for him unable 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 dutiesemployee, the member employee shall be indemnified for any the necessary and reasonable legal costs directly incurred in defending the action.
43.02 Employees shall not be indemnified for legal costs arising from the protection of the member's interest at such inquiry, but only iffrom:
(ia) grievances or complaints under the Memorandum of Understanding between the Employer and the Association or under the Public Service Act;
(b) the Chief actions or omissions of Police or the Board does not provide counsel to represent the York Regional Police, at the Board's expenseemployees acting in their capacity as private citizens; or
(iic) investigations and complaints under the Employer’s Workplace Discrimination and Harassment Prevention Policy.
43.03 For the purposes of 43.01(a) and 43.01(b), an employee:
(a) shall be deemed to have been found not guilty where: he/she is finally acquitted; the charges are withdrawn; or he/she is discharged following a preliminary inquiry; and
(b) shall be deemed to have been found guilty where: he/she is given an absolute or conditional discharge; or he/she subsequently is found guilty of or pleads guilty to other charges arising out of the same incident(s).
(a) Applications for approval for legal indemnification shall be made in writing to the Commissioner or Assistant Deputy Minister, as applicable, as soon as the employee is aware of a legal proceeding in which he/she requires legal representation.
(b) Legal costs incurred prior to approval for legal indemnification will only be reimbursed where the Employer is satisfied that it was not possible in the opinion of circumstances for the employee to obtain prior approval and that the application for approval was made at the earliest opportunity.
(c) The employee shall enter into a written retainer agreement with counsel retained by the Chief employee. The form and substance of Police or the Board retainer, including the terms and conditions of the agreement, shall be subject to represent the York Regional Police, it would be improper for him to represent approval of the member and the Chief and/or the Board before that inquiryEmployer.
29.4 To qualify for financial assistance under 29.1(d) For the purposes of this Article, 29.2 or 29.3, “legal costs” shall be the member shall obtain actual costs disclosed on the Board's approval of accounts rendered by the legal counsel to be performing the work.
(e) Any account submitted by counsel retained by the member by application employee is subject to the Board through review and approval of the ChiefEmployer. In the event the Employer does not approve the actual costs disclosed on the account, the employee may have the account assessed on a solicitor and client basis by a court assessment officer. The Board's approval of counsel shall not be withheld unreasonablyEmployer will reimburse the employee for the fee charged to the employee for filing a request for an assessment with a court assessment officer.
29.5 43.05 For the purposes of this Article:
(a) The Board will not consider any application for legal costs shall be deemed to have been incurred by the employee notwithstanding that the employee may have received financial assistance which relates to from the legal representation of a member in connection with a grievance or complaint made under the provisions of the Police Services Act, 1990 of this Collective Agreement or for the legal defence of a member resulting from a discipline charge made under the Police Services Act, 1990, Regulations made under that Act and all amendments thereto.
29.6 Where an investigation is commenced under Part VII of the Police Services Act and it appears to the Chief of Police that a member requires legal counsel in responding to the investigation, the Chief of Police may arrange for legal counsel to provide counsel to the member in connection with the investigation of such terms as the Chief considers appropriate. As soon as practicable, the Chief shall bring his action and his recommendation to the attention of the Board who may approve or alter the terms of retention of such legal counsel or the Chief's recommendation Association in respect thereof. Neither the Board nor the Chief shall provide legal counsel after the completion of the investigation thereof or the laying of information(s), as Article 29 of the Civilian Collective Agreement is intended to govern such matters.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- negotiation by either the Board or that the Association when paid or incurred the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitration.
29.8 A member who becomes involved in a matter which may entitle him/her to legal indemnification under this clause is entitled to receive funds from the Board for a retainer and/or for interim payment of legal costs as reasonably requested by the member’s counsel to a maximum of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if the member is finally determined not to be eligible for indemnification in accordance with this Agreement.expenses directly; and
Appears in 1 contract
Samples: Civilian Memorandum of Understanding
LEGAL INDEMNIFICATION. For the purposes of legal costs, it shall include those costs of an Association approved para-legal service.
(A) 19.01 Subject to the other provisions of this Article, a member Sworn Member charged with and finally acquitted of a criminal or statutory offence offence, because of acts done in the performance or attempted performance in good faith of his employment or duties, duties as a police officer shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such charges.
(B) Members shall not be indemnified for 19.02 Notwithstanding clause 19.01, the Board may authorize payment of necessary and reasonable legal costs arising from of a Member pleading or being found guilty of an offence described in 19.01, where the court, instead of convicting the accused, grants an absolute discharge, provided that the Board accepts the recommendation of the Chief of Police, or an officer designated by him to make such a recommendation, that the Sworn Member's actions as a Police Officer in the course of performing the duties were motivated by an intent to do lawful duty, that such actions do not constitute any of the actions or omissions described in clause 19.03 hereof, and that such indemnification will not in the opinion of members acting the Board reduce respect for law enforcement in their capacity as private citizens. For the purpose City of Clause 29.1 (A) a Member: shall be deemed to have been "Finally Acquitted"North Bay.
19.03 Notwithstanding clause 19.01, where charges are withdrawn or where he is discharged following a preliminary inquiry; and shall be deemed not to have been "Finally Acquitted" the Board may refuse payment otherwise authorized under clause 19.01 where the member is given an absolute actions of the officer from which the charges arose amounted to a gross dereliction of duty or conditional discharge or where, if deliberate abuse of powers 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 incidentspolice officer.
29.2 When 19.04 Where a member Sworn Member is a defendant in a civil action for damages because of acts done in the course attempted performance in good faith of his employment or duties he as a police officer, shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such an action in the following circumstances only:
(ia) where Where the Board Chief of Police is not joined in the action as a party pursuant to s. 50 section 24(1) of the Police Services Act, and the Board Chief of Police does not defend the action on behalf of itself himself and the member Sworn Member as joint tortfeasors at the Board's sole expense;.
(iib) where Where the Board Chief of Police is joined as a party or elects to defend the action, but the Solicitor solicitor retained on behalf of the Board Chief of Police and the member Sworn Member is of the view that it would be improper for him to act for both the Board Chief of Police and the member Sworn Member in that action.
29.3 Where during an inquest under the Coroner's Act a member's 19.05 A Sworn Member whose conduct is called into question in the course of an inquiry under the Coroners Act because of acts done in the attempted performance in good faith of his duties, the member duties as a police officer shall be indemnified for any the necessary and reasonable legal costs directly arising from incurred in representing the protection of interest in any such inquest in the member's interest at such inquiry, but only iffollowing circumstances only:
(ia) Where the Chief of Police or and/or the Board does not provide counsel to represent the York Regional Police, Sworn Member at the inquest at the Board's expense; or
(iib) in Where the opinion of counsel retained provided by the Chief of Police or the Board to represent either or both of them along with the York Regional Police, Sworn Member is of the opinion that it would be improper to act for him to represent both the member Chief of Police or the Board and the Sworn Member in that action.
19.06 Where a Sworn Member intends to apply to the Board for indemnification hereunder, the Sworn Member shall, within thirty (30) days of being charged or receiving notice of other legal proceedings covered herein, or receiving notice that the Sworn Member will not be represented by counsel retained by the Chief of Police and/or the Board before Board, apply in writing to the Chief of Police or to the officer designated by the Chief of Police to deal with such applications for approval to retain counsel and approval of the counsel to be so retained. In the event of any dispute concerning the counsel to be retained, the matter shall be resolved by the Chief and a Sworn Member of the Association Executive designated for that inquirypurpose.
29.4 To qualify for financial assistance under 29.119.07 Where the Chief of Police, 29.2 or 29.3pursuant to Board policy, elects to provide legal counsel to defend a Sworn Member in any legal proceeding covered by this provision, the member shall obtain cost of such counsel is the Board's approval responsibility irrespective of counsel to be retained by the member by application to outcome of the proceedings and neither the Sworn Member nor the Board through may rely upon the Chief. The Board's approval other provisions of counsel this policy.
19.08 For greater certainty, Sworn Members shall not be withheld unreasonably.indemnified for legal costs arising from:
29.5 The Board will not consider any application for financial assistance which relates to the legal representation of a member in connection with a grievance (1) grievances or complaint made complaints under the provisions of the Police Services Act, 1990 of this Collective Agreement between the Board and the Association or for the legal defence of a member resulting from a discipline charge made under the Police Services Act, 1990, Regulations made ;
(2) the actions or omissions of Sworn Members acting in their capacity as private citizens;
(3) discipline charges under that the Police Services Act and all amendments theretoregulations thereunder.
29.6 Where (4) Notwithstanding 19.08 (3), the Board may authorize payment of necessary and reasonable legal expenses for discipline charges, after the Board has heard the recommendation of the Chief of Police and the submissions of the Association, as to whether the discipline charges did or did not arise out of a gross and deliberate misstatement of the circumstances on which the charge was laid provided that such payment will not, in the opinion of the Board, reduce respect for law enforcement in the City of North Bay. (1996)
19.09 For the purposes of this provision, a Sworn Member shall not be deemed to be "finally acquitted" if, as a result of charges laid, he/she is subsequently found guilty of, or pleads guilty to, other charges arising out of the same incident or incidents, but nothing in this clause will disentitle the Sworn Member to consideration under clause 19.02 hereof.
19.10 For the purposes of this provision, "necessary and reasonable legal costs" shall be based on the account rendered by the solicitor performing the work, subject initially to the approval of the "Corporation" Solicitor and, in the case of dispute between the Solicitor doing the work and the "Corporation” Solicitor, taxation on a solicitor and client basis by a taxing officer.
19.11 Notwithstanding the provisions of Article 19 the Board recognizes the necessity of providing immediate legal advice to any officer who as a result of his/her duties may be directly involved in an investigation is commenced occurrence as referred to under the provisions of Part VII of the Police Services Act and it appears to the Chief of Police Act. The Board therefore agrees that a member requires legal counsel in responding to the investigation, the Chief of Police may arrange for legal counsel to provide counsel to the member in connection with the investigation of such terms as the Chief considers appropriate. As soon as practicable, the Chief shall bring his action and his recommendation to the attention of the Board who may approve or alter the terms of retention of such legal counsel or the Chief's recommendation in respect thereof. Neither the Board nor the Chief shall provide legal counsel after the completion of the investigation or the laying of information(s)counsel, as Article 29 of the Civilian Collective Agreement is intended to govern such matters.
29.7 All sections under Article 29 (Legal Indemnification) are subject to review and re- negotiation by either the Board or the Association when the Regulations of the Police Services Act are proclaimed in force. If changes cannot be negotiated then either party reserves the right to submit the terms of this Article to arbitration.
29.8 A member who becomes involved in a matter which may entitle him/her to legal indemnification under this clause is entitled to receive funds from the Board for a retainer and/or for interim payment of legal costs as reasonably requested approved by the memberAssociation, for up to three (3) hours of time per officer, shall be provided at the Board’s counsel expense immediately after said occurrence for the purpose of providing immediate legal advice and guidance to a maximum of $5,000.00 provided the member undertakes to indemnify the Board for such funds advanced to him if the member is finally determined not to be eligible for indemnification in accordance with this Agreement.all officers directly involved. (1996)
Appears in 1 contract
Samples: Collective Bargaining Agreement
