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 For the purpose of Clause 29.1 (A) a Member: shall be deemed to have been "Finally Acquitted", where charges are withdrawn or where he is discharged following a preliminary inquiry; and shall be deemed not to have been "Finally Acquitted" where the member is given an absolute or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 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) 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.
(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 dutiesduties 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) 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 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 indemnificationhereunder. Paragraph 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 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 investigation. Notwithstanding paragraphs and the Board may refuse payment otherwise authorized under paragraph (a), or pleads guilty to, other charges arising out where the actions of the same incident member from which the charges or incidents.
29.2 investigation arose amounted to a gross dereliction of duty or deliberate abuse of powers as a member of the Service. 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 Service 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 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 and of the member as joint tortfeasors at the Board's ’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 Chief of Police the Board and the member in that action.
29.3 . 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 in the applicable insurance contracts. A member whose 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 duties, duties as a member of the member Service 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 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, 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 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 (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) 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. 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.
(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 The Employer shall include those costs of continue to contract with 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 insurance carrier 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) providing legal expense reimbursements similar to the present coverage provided by the American Home Assurance Company under Commercial General Liability Policy No. The Employer will provide each Employee with a Member: shall be deemed summary of the legal indemnification contained in the contract of insurance. In addition to have been "Finally Acquitted"the foregoing, where charges are withdrawn or where he is discharged following a preliminary inquiry; and shall be deemed not to have an Employee has been "Finally Acquitted" where the member is given charged with an absolute or conditional discharge or where, if offence under any Act (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 defined in the course Contract 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 Insurance 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:
(iEndorsement No. 9) the Chief of Police or may, on a written application from the Board does not Employee, supported by a letter from the Employee’s counsel, 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 funds to the Board through Employee for the Chiefpurpose of providing a retainer to such counsel of choice for legal fees and disbursements. The Board's approval Upon receipt of counsel shall not be withheld unreasonably.
29.5 The Board will not consider any a written 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 investigationfunds, the Chief of Police may arrange shall proceed as follows: The Chief of Police shall, in his discretion and on a reasonable basis, determine if the Employee is likely to be indemnified for the costs of legal counsel to provide counsel pursuant to the member Contract of Insurance referred to above, and, if he determines that coverage is reasonably foreseeable, then The Chief of Police shall provide funds to the Employee’s counsel in connection with an amount not greater than ten (10%) percent of the investigation estimated legal fees and disbursements, or five thousand ($5,000.00) dollars, whichever is the lesser amount. In the event of such terms as the Chief considers appropriate. As soon as practicablea dispute, the Chief amount shall bring his action and his recommendation be determined by the Board’s solicitor. In the event it is subsequently determined that the Employee is not entitled 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 Contract of Insurance by virtue of a conviction or otherwise, the Employee shall reimburse the Board for a retainer and/or all funds advanced. If an Employee is subsequently acquitted or exonerated of any alleged offence under any Act, while was acting in the lawful execution of their duty, the Employer shall pay any deductible contained in the Contract of Insurance. The Alliance agrees with the Employer that, subject to the terms and provisions of the Contract of Insurance referred to above and this paragraph, there is no legal obligation on the Employer to provide legal indemnification for interim payment the Employees 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 AgreementBargaining Unit.
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 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.
(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) 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 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.
(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.
(A) 41.01 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 t he defence of such charges;
(b) 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 be indemnified for up to five- thousand dollars ($5,000) of the necessary and reasonable legal costs incurred in the defence of such charges.;
(Bc) Members an employee who has been designated as a witness in an investigation undertaken by the Special Investigations Unit (SIU) shall not be indemnified for the necessary and reasonable legal costs arising from incurred during the actions or omissions of members acting in their capacity as private citizensinitial, on-site investigation by the SIU. For the purpose of Clause 29.1 (A) a Member: shall be deemed to have 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 witness with respect to an SIU investigation, necessary and reasonable legal costs will be indemnified for one counsel collectively for all witness employees;
(d) where an employee is subsequently found guilty of, or pleads guilty to, other charges arising out of the same incident or incidents.
29.2 When named a member is a respondent/defendant in a proceeding at the Ontario Human Rights Tribunal or in any other 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 arising from incurred in defending the protection of the member's interest at such inquiry, but only if:action.
(if) 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 Employees shall 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 entitled to legal indemnification under this clause article with respect to matters relating to the Mandatory Blood Testing Act, 2006 as set out in Police Orders.
41.02 Employees shall not be indemnified for legal costs arising from:
(a) grievances or complaints under the Collective Agreement between the Employer and the Association or under the Public Service of Ontario Act, 2006;
(b) the actions or omissions of employees acting in their capacity as private citizens; or
(c) investigations and complaints under the Respectful Workplace Policy.
41.03 For the purposes of 41.01(a) and 41.01(b), an employee: (a) shall be deemed to have been found not guilty where: he/she is entitled finally acquitted; the charges are withdrawn; or he/she is discharged following a preliminary inquiry; and (b) shall be deemed to receive funds 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 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 employee. The form and substance of the retainer, including the terms and conditions of the agreement, shall be subject to the approval of the Employer.
(d) For the purposes of this Article, “legal costs” shall be the actual costs disclosed on the accounts rendered by the legal counsel performing the work.
(e) Any account submitted by counsel retained by the employee is subject to the review and approval of the Employer. 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 Employer will reimburse the employee for the fee charged to the employee for filing a request for an assessment with a court assessment officer.
41.05 For the purposes of this Article:
(a) The legal costs shall be deemed to have been incurred by the employee notwithstanding that the employee may have received financial assistance from the Board for a retainer and/or for interim payment of legal costs as reasonably requested by Association in respect thereof or that the member’s counsel to a maximum of $5,000.00 provided Association paid or incurred 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: 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) 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.
(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 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 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 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.
(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) 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) 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) 41.01 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 his/her duties 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 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;
(d) where an employee is named a respondent/defendant in a proceeding at the Ontario Human Rights Tribunal or duties he 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 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 arising from incurred in defending the protection of the member's interest at such inquiry, but only if:action.
(if) 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 Employees shall 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 entitled to legal indemnification under this clause article with respect to matters relating to the Mandatory Blood Testing Act, 2006 as set out in Police Orders.
41.02 Employees shall not be indemnified for legal costs arising from:
(a) grievances or complaints under the Collective Agreement between the Employer and the Association or under the Public Service of Xxxxxxx Xxx, 0000;
(b) the actions or omissions of employees acting in their capacity as private citizens;or
(c) investigations and complaints under the Respectful Workplace Policy.
41.03 For the purposes of 41.01(a) and 41.01(b), an employee:
(a) shall be deemed to have been found not guilty where: he/she is entitled finally acquitted; the charges are withdrawn; or he/she is discharged following a preliminary inquiry; and
(b) shall be deemed to receive funds 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 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 employee. The form and substance of the retainer, including the terms and conditions of the agreement, shall be subject to the approval of the Employer.
(d) For the purposes of this Article, “legal costs” shall be the actual costs disclosed on the accounts rendered by the legal counsel performing the work.
(e) Any account submitted by counsel retained by the employee is subject to the review and approval of the Employer. 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 Employer will reimburse the employee for the fee charged to the employee for filing a request for an assessment with a court assessment officer.
41.05 For the purposes of this Article:
(a) The legal costs shall be deemed to have been incurred by the employee notwithstanding that the employee may have received financial assistance from the Board for a retainer and/or for interim payment of legal costs as reasonably requested by Association in respect thereof or that the member’s counsel to a maximum of $5,000.00 provided Association paid or incurred 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: 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 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.
(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, the Employee 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 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 BoardEmployer's sole expense;.
(ii) 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 to act for both the Board Employer and the member Employee in that action.
29.3 Where during (d) An Employee 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 an Employee shall be indemnified for any the necessary and reasonable legal costs directly arising from incurred in representing their interest 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 the Board Employer does not provide counsel to represent the York Regional Police, Employee at the Boardinquest at the Employer's expense; or
(ii) in Where the counsel provided by the Employer to represent either or both of them along with the Employee is of the opinion that it would be improper to act for both the Employer and the Employee in that action.
(e) Where an Employee intends to apply to the Employer for indemnification hereunder, the Employee shall, within ten (10) days of being charged or receiving notice of other legal proceedings covered herein, or receiving notice that the Employee will not be represented by counsel retained by the Chief of Police or Employer, apply in writing to the Board Employer to represent the York Regional Police, it would be improper deal with such applications for him approval to represent the member retain counsel 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 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:
(i) grievances or complaints under this Collective Agreement;
(ii) the actions or omissions of Employees acting in their capacity as private citizens unless exercising their professional training as a Good Samaritan;
(iii) 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 a result of charges laid, the Employee 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 and 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 solicitor doing the work and the Employer's solicitor, taxation on a solicitor and client basis by a Taxing Officer.
(j) The Employer agrees to indemnify all Employees of a member resulting the Fire Department and save them harmless from a discipline charge made under the Police Services Act, 1990, Regulations made under that Act any and all amendments theretocivil damages caused by them during the performance of their duties, excluding willful and malicious damages.
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) 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 costsDeerfield shall indemnify and hold harmless Employee from and against, it and Deerfield 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 reimburse Employee’s expenses incurred in the defence connection with, any losses, damages, fines, penalties, liabilities, costs and expenses (including attorneys’ fees and court costs) to which Employee may become subject that arise out of such charges.
(B) Members shall not be indemnified for legal costs arising from the actions or omissions of members acting Employee in their connection with Employee’s activities or alleged activities taken in good faith by Employee in Employee’s capacity as private citizens. For the purpose an employee of Clause 29.1 Deerfield (A) a Member: shall be deemed to have been "Finally Acquitted", where charges are withdrawn or where he is discharged following a preliminary inquiry“Losses”); 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:
provided that (i) where the Board Employee is not joined in the action as a party pursuant to s. 50 of the Police Services Actfull compliance with all terms, conditions, representations and the Board does not defend the action on behalf of itself and the member as joint tortfeasors at the Board's sole expense;
warranties set forth in this Agreement; (ii) where the Board is joined as a party Employee promptly notifies Deerfield of any claim made 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:
litigation filed against Employee; (iiii) the Chief of Police or the Board Employee does not provide counsel settle or compromise the claim or litigation as to represent the York Regional Police, at the Board's expenseEmployee without Deerfield’s prior written consent; or
and (iiiv) 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 Deerfield’s own legal 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 defend Employee in connection with a grievance or complaint made any such Losses unless otherwise agreed between the parties. Notwithstanding the foregoing, the duty of Deerfield to indemnify and hold harmless Employee and the obligation to reimburse Employee under this Section 8(n) will not extend beyond the provisions maximum protection permitted by the law of the Police Services Actstate of incorporation of Deerfield and shall in no event extend to actions or omissions constituting gross negligence, 1990 willful misconduct, fraud, misrepresentation, bad faith, criminal conduct or a basis for termination for Cause of this Collective Agreement or for Employee’s employment hereunder. To the legal defence of a member resulting from a discipline charge made under extent that Deerfield advances Employee any amounts with respect to such Losses, Employee shall repay Deerfield 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 amount 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 advance if it 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 canultimately determined that Employee is not 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 be indemnified against such Losses pursuant 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 AgreementSection 8(n).
Appears in 1 contract
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) 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.
(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) 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
