LEGAL INDEMNIFICATION. Subject to the other provisions of this Article, a member charged with but not found guilty of a criminal or statutory offence, because of acts done in the attempted performance in good faith of 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. 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 indemnified for 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 completion of any grievance and arbitration process that may be initiated, disciplined in which event the member shall not be eligible for indemnification hereunder. 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 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 counsel collectively for all members identified as witnesses will be indemnified with respect to that investigation. Notwithstandingparagraphs and the Board may refuse payment otherwise authorized under paragraph or where the actions of the member from which the charges or investigation arose amounted to a gross dereliction of duty or deliberate abuse of 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 attempted performance in good faith of duties 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 followingcircumstances only:
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
LEGAL INDEMNIFICATION.
35.01 (a) Subject to the other provisions of this Article, a member an employee charged with but not found guilty and finally acquitted of a criminal or statutory offence, because of acts done in the attempted performance in good faith of their duties as a member of the Service, an employee 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 defense of such charges. 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 indemnified for necessary and reasonable legal costs incurred by the member during that investigation unless, arising from or as a result of such investigation.
(b) Notwithstanding clause (a), the member is, after completion of any grievance and arbitration process that may be initiated, disciplined in which event the member shall not be eligible for indemnification hereunder. 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 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 counsel collectively for all members identified as witnesses will be indemnified with respect to that investigation. Notwithstandingparagraphs and the Board Employer may refuse payment otherwise authorized under paragraph or clause (a) where the actions of the member employee from which the charges or investigation arose amounted to a gross dereliction of duty or deliberate abuse of their powers as a member of the Service. When a member an employee.
(c) Where an employee is a defendant in a civil action for damages because of acts done during tour of duty in the attempted performance in good faith of their duties as a member of the Service an employee, they shall be indemnified for the necessary and reasonable legal costs incurred in the defence defense of such an action in the followingcircumstances following circumstances only:
(1) Where the Employer is not joined in the action as a party and the Employer does not defend the action on behalf of it and the employee as joint tortfeasors at the Employer’s sole expense.
(2) Where the Employer is joined as a party or elects to defend the action, but the solicitor retained on behalf of the Employer and the employee is of the view that it would be improper for them to act for both the Employer and the employee in that action.
(d) An employee whose conduct is called into question in the course of an inquiry under the Coroner’s Act because of acts done in the attempted performance in good faith of their duties as an employee shall be indemnified for the necessary reasonable legal costs incurred in representing his interest in any such inquest in the following circumstances only:
(1) Where the Employer does not provide counsel to represent the employee at the inquest at the Employer’s expense; or
(2) 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 for them 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, with ten (10) days of being charged or receiving notice of other legal proceedings covered herein, or receiving notice that they will not be represented by counsel retained by the Employer, apply in writing to the Employer or to the officer designated by the Employer to deal with such applications for approval to retain counsel and approval of the counsel to be so retained.
(f) Where the Employer elects to provide legal counsel to defend an employee in any legal proceeding covered by this provision, the cost of such counsel is the Employer’s responsibility irrespective of the outcome of the proceedings.
(g) For greater certainty, employees shall not be indemnified for legal costs arising from:
(1) grievances or complaints under this Collective Agreement;
(2) the actions or omissions of employees acting in their capacity asprivate citizens;
(3) discipline proceedings by the Employer.
(h) For the purposes of this provision, an employee shall not be deemed to be “finally acquitted” if, as the result of charges laid, he is subsequently found guilty of, or pleads guilty to, other charges out of the same incident or incidents.
(i) For the purposes of this provision, “necessary reasonable legal costs” shall be based on the account rendered by the solicitor performing the work, subject initially to the approval of the Employer’s solicitor, and, in the case of dispute between the solicitor doing the work and the Employer’s solicitor, taxation on a solicitor and client basis by a Taxing Officer.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
LEGAL INDEMNIFICATION. 49.1 Subject to the other provisions of this Article, a member charged with but not found guilty and finally acquitted of a criminal or statutory offence, because of acts done while on duty in the attempted performance in good faith of his/her duties as a member of the Service, police officer shall be indemnified for the necessary and reasonable legal costs incurred by in the member during the investigation defence of the incident such charges provided that resulted in those charges being laid and for the such necessary and reasonable legal costs incurred by shall not exceed $260.00 per hour, increasing to $275.00 per hour effective August 8, 2013 in respect of a lawyer performing the member work, or $90.00 per hour in the defence of such charges. Subject to event that a paralegal is performing the other provisions of this Articlework.
49.2 Notwithstanding clause 49.1, 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 indemnified for 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 completion of any grievance and arbitration process that may be initiated, disciplined in which event the member shall not be eligible for indemnification hereunder. 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 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 counsel collectively for all members identified as witnesses will be indemnified with respect to that investigation. Notwithstandingparagraphs and the Board may refuse payment otherwise authorized under paragraph or clause 49.1 where the actions of the member officer 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. When police officer.
49.3 Where a member is a defendant in a civil action for damages because of acts done during tour of duty in the attempted performance in good faith of his/her duties as a member police officer, and the action is not defended by the insurance carrier of the Service Regional Municipality of Niagara or otherwise, he/she shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such an action in the followingcircumstances following circumstances only:
i. Where the Chief of Police is not joined in the action as a party pursuant to section 50 of the Police Services Act, or the Chief of Police does not defend the action on behalf of himself/herself and of the member as joint tort-feasors at the Board's sole expense.
ii. Where the Chief of Police is joined as a party and the Board elects to defend the action, but the solicitor retained on behalf of the Board is of the view that it would be improper for him/her to act for both the Chief of Police and the member in that action. The Board shall decide if additional counsel shall be retained with respect to the indemnification provisions of this Article.
49.3.1 A member who is a suspect in a criminal investigation shall be granted legal indemnification on the terms set out in this article beginning at the point in the criminal investigation where a caution is to be given to the member.
49.4 A member of the Police Service who is requested or subpoenaed to appear before an inquiry initiated under Section 25 or Section 26 of the Police Services Act, or whose conduct is called into question as a result of a citizen's complaint or in the course of an inquiry under the Coroner's Act, the Public Inquiries Act or a Royal Commission, because of acts done in the attempted performance in good faith of a member's duties as a police officer, shall be indemnified by the Niagara Police Board for the necessary and reasonable legal costs incurred in representing his/her interests in such an inquiry on the following conditions:
49.4.1 Where one or more than one member of the Police Service is subpoenaed or requested to appear, other than the Chief of Police, in such a case there shall be only one counsel representing the members of the Police Service, excluding the Chief of Police, and;
49.4.2 Where the counsel representing the members of the Service, excluding the Chief of Police, is of the opinion that it would be improper for him/her to act for both the member and the other members of the Service, he/she shall notify the Board forthwith of such concerns. The Board shall decide if additional counsel shall be retained with respect to the indemnification provisions of this Article, and;
49.4.3 If the Board has retained counsel in such proceedings, the Board’s solicitor will provide advice to, and represent, any member or members who are requested to appear, or who are subpoenaed, or whose conduct is called into question for the reasons set out in 49.4 unless the Board’s solicitor determines that a conflict of interest exists. If such conflict exists, then the provisions of 49.4.1 and 49.4.2 apply. The Board shall decide, based on the advice of its solicitor, if additional counsel shall be retained with respect to the indemnification provisions of this article.
49.4.4 A member or members of the Service shall not be indemnified unless they are found not guilty of misconduct in the proceeding for which legal indemnification is sought.
49.4.5 A member or members of the Service shall not be indemnified for such legal costs if such indemnification, in the opinion of the Board, would reduce respect for law enforcement in the Regional Municipality of Niagara.
49.5 In the event that a member intends to apply to the Board for indemnification pursuant to the provisions of this Article, the following shall apply:
49.5.1 The member shall, within thirty (30) days of being charged or of receiving notice of other legal proceedings provided for in this article, apply in writing to the Chief of Police or his designee for approval to retain counsel or a paralegal and for the approval of the counsel or paralegal to be so retained.
49.5.2 In the event of any dispute concerning the counsel or paralegal to be retained, the matter shall be resolved by an officer designated by the Chief of Police and a member of the Association Executive designated for that purpose.
49.5.3 The application of the member for indemnification shall include:
i. a fee schedule provided by the lawyer or paralegal setting out his or her hourly rate, and confirming that the fees will be charged at the lesser of the lawyer or paralegal’s normal hourly rate, or $260.00 for a lawyer, increasing to $275.00 per hour effective August 8, 2013 or $90.00 for a paralegal;
ii. an estimate, where practicable, of the total charges that will be incurred in the matter, and
iii. the lawyer or paralegal's undertaking to submit monthly statements to the Board showing the time spent and the charges incurred on the file during the month. If the application is approved, the Board reserves the right to refuse payment of the lawyer or paralegal’s account if the counsel or paralegal fails to submit monthly statements in accordance with subparagraph (iii) above, provided that it has given 30 days written notice of its intention to do so to the lawyer or paralegal, with a copy to the Association, and the lawyer or paralegal has not remedied the situation prior to the expiry of the 30 days.
49.5.4 The Board has the right to negotiate fees with the lawyer or paralegal to be retained, and the affected member has the right to be present during the fee negotiations.
49.5.5 There shall be a cap on the legal fees of $260.00 per hour, increasing to $275.00 per hour effective August 8, 2013. In addition, a lawyer may charge for travel time at the rate of $130.00 per hour, to a maximum of four (4) hours per day.
49.6 For greater certainty, members shall not be indemnified for legal costs arising from:
49.6.1 grievances or complaints under the Collective Agreement between the Board and the Association or under the Police Services Act;
49.6.2 the actions or omissions of members acting in their capacity as private citizens;
49.6.3 discipline charges under the Police Services Act and Regulations.
49.7 For the purpose of this provision, a member shall not be deemed to be "finally acquitted" if, as a result of charges laid, he/she is subsequently found guilty of, or pleads guilty to, other charges arising out of the same incident or incidents.
49.8 For the purpose of this provision "necessary and reasonable legal costs" shall be based on the account rendered by the solicitor or paralegal performing the work, subject to taxation by an assessment officer of the Supreme Court of Ontario. If the General Counsel for the Association attends at a S.I.U. call outside normal business hours in circumstances where outside counsel is unavailable or there is a conflict that requires more than one counsel, the Association will be reimbursed at the rate of $150.00 per hour.
49.9 In the cases of aggravated assault, assault causing bodily harm or the included offence of ordinary assault, the indemnification referred to in clause 49.1 shall be limited to only those fees that would have reasonably been incurred if the matter was tried in Provincial Court unless the officer first obtains permission to elect to be tried by any other court. To obtain the said approval of the Board, the officer shall make an application in writing to the Chief of Police and the decision shall be at the discretion of the Niagara Regional Police Services Board.
49.10 Subject to other provisions of this Article, a member who is the Subject Officer in a Special Investigations Unit (S.I.U.) investigation may make application for legal indemnification subject to and upon the receipt of a final determination or recommendation by S.I.U. that criminal charges or other punitive actions will not be initiated or pursued.
49.11 A member who is required as a witness by the Special Investigations Unit (S.I.U.) in the course of an investigation into the conduct of another member shall be indemnified for the necessary legal costs incurred by the member as a witness.
49.12 A member or members of the Service will be indemnified for the necessary and reasonable associated costs, including but not limited to, hotel, meals and airfare, which result from any criminal, statutory or civil matters arising out of the member's deployment outside of the Region and/or to another Police Service or agency if the member is entitled to legal indemnification under this Agreement in relation to the same matters.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
LEGAL INDEMNIFICATION. (a) Subject to the other provisions of this Article, a member members charged with but not found guilty and finally acquitted of a criminal or statutory offence, because of acts done in the attempted performance in good faith of duties their duties, as police officers whether or not they were on a member tour of duty at the Servicetime, 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. Subject .
(b) Notwithstanding clause (a), the Board shall authorize payment of necessary and reasonable legal costs of members pleading or being found guilty of an offence described in clause (a), where the court, instead of convicting the accused, grants an absolute discharge, provided that the Board accepts the recommendation of the Chief of Police, or an officer designated by the Chief to make such a recommendation, that the other provisions members' actions as police officers in the course of this Articleperforming their duties were motivated by an intent to do their lawful duty, that such actions do not constitute any of the actions described in clause (c) hereof.
(c) Notwithstanding clause (a), the Board may refuse payment otherwise authorized under clause (a) where the actions of officers from which charges arose amounted to a member who is not charged with gross dereliction of duty or deliberate abuse of their powers as police officers.
(d) Where members are defendants in a criminal or statutory offence but who has been the subject of a criminal investigation civil action for damages because of acts done in the attempted performance in good faith of their duties as a member of the Service shall indemnified for 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 completion of any grievance and arbitration process that may be initiated, disciplined in which event the member shall not be eligible for indemnification hereunder. 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 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 counsel collectively for all members identified as witnesses will be indemnified with respect to that investigation. Notwithstandingparagraphs and the Board may refuse payment otherwise authorized under paragraph or where the actions of the member from which the charges or investigation arose amounted to a gross dereliction of duty or deliberate abuse of 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 attempted performance in good faith of duties as a member of the Service they shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such an action in the followingcircumstances following circumstances only:
(i) Where the Chief of Police is not joined in the action as a party pursuant to the Police Services Act, and the Chief of Police does not defend the action on behalf of himself/herself and of the member as joint tortfeasers at the Board's sole expenses.
(ii) 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 to act for both the Chief of Police and the member in that action.
(e) Members whose conduct is called into question in the course of an inquiry under the Coroners Act because of acts done in the attempted performance in good faith of their duties shall be indemnified for the necessary and reasonable legal costs incurred in representing their interests in any such inquest in the following circumstances only:
(i) 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
(ii) 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 to act for both the Chief of Police or the Board and the member in that action.
(f) Where members intend to apply to the Board for indemnification hereunder, the member shall, within thirty (30) days of being charged or receiving notice of other legal proceedings covered herein, or receiving notice that they will not be represented by counsel retained by the Chief of Police and/or the Board, apply in writing to the Chief of Police or to the officer designated by the Chief of Police to deal with such applications for approval to retain counsel and approval of the counsel to be so retained. In the event of any dispute concerning the counsel to be retained, the matter shall be resolved by an officer designated by the Chief and a member of the Association Executive designated for that purpose.
(g) Where the Chief of Police, pursuant to Board policy, elects to provide legal counsel to defend members in any legal proceeding covered by this provision, the cost of such counsel is the Board's responsibility irrespective of the outcome of the proceedings and neither the member nor the Board may rely upon the other provisions of this policy.
(h) For greater certainty, members shall not be indemnified for legal costs arising from:
(i) grievances or complaints under the collective agreement between the Board and the Association or under the Police Services Act;
(ii) the actions or omissions of members acting in their capacity as private citizens;
(iii) subject to clause (f) discipline charges under the Police Services Act and regulations thereunder.
(i) For the purposes of this provision, members shall not be deemed to be "finally acquitted" if as a result of charges laid they are subsequently found guilty of, or pleads guilty to, other charges arising out of the same incident or incidents, but nothing in this clause will disentitle the member to consideration under clause (b) hereof.
(j) For the purposes of this provision, "necessary and reasonable legal costs" shall be based on the account rendered by the solicitor performing the work, subject initially to the approval of the solicitor acting on behalf of the Peterborough Lakefield Police Services Board and, in the case of dispute between the solicitor doing the work and the Board’s solicitor, then the amount fixed by the assessment officer following an assessment of the account rendered by the solicitor performing the work under the Solicitors Act, R.S.O. 1990, c.S.15 as amended.
(k) Members who become a subject officer in a Special Investigations Unit investigation are entitled to, up to five thousand dollars ($5,000.00) for the purposes of legal indemnification. Where the status of a member is in doubt, the Member may nonetheless apply to the Chief for indemnification up to the amount noted above. Where such an application is made, the Chief’s discretion in the matter shall be final and not subject to review through any process. Notwithstanding the above, where a Member received indemnification, and is subsequently found guilty of a criminal offence, all monies provided under this clause may be recovered by the Police Services Board.
(l) Members who become a respondent officer in an Office of the Independent Police Review Director (OIPRD) ordered hearing may request reimbursement for up to five thousand ($5,000) dollars for the purposes of legal indemnification. Where such application is made, the Chief’s discretion in the matter shall be final and not subject to review through any process. Notwithstanding the above, where a member is found guilty of a Police Services Act charge, no such reimbursement shall be provided.
Appears in 1 contract
Samples: Collective Bargaining Agreement
LEGAL INDEMNIFICATION. 49.1 Subject to the other provisions of this Article, a member charged with but not found guilty and finally acquitted of a criminal or statutory offence, because of acts done while on duty in the attempted performance in good faith of his/her duties as a member of the Service, police officer shall be indemnified for the necessary and reasonable legal costs incurred by in the member during the investigation defence of the incident such charges provided that resulted in those charges being laid and for the such necessary and reasonable legal costs incurred by shall not exceed $260.00 per hour in respect of a lawyer performing the member work, or $90.00 per hour in the defence of such charges. Subject to event that a paralegal is performing the other provisions of this Articlework.
49.2 Notwithstanding clause 49.1, 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 indemnified for 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 completion of any grievance and arbitration process that may be initiated, disciplined in which event the member shall not be eligible for indemnification hereunder. 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 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 counsel collectively for all members identified as witnesses will be indemnified with respect to that investigation. Notwithstandingparagraphs and the Board may refuse payment otherwise authorized under paragraph or clause 49.1 where the actions of the member officer 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. When police officer.
49.3 Where a member is a defendant in a civil action for damages because of acts done during tour of duty in the attempted performance in good faith of his/her duties as a member police officer, and the action is not defended by the insurance carrier of the Service Regional Municipality of Niagara or otherwise, he/she shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such an action in the followingcircumstances following circumstances only:
i. Where the Chief of Police is not joined in the action as a party pursuant to section 50 of the Police Services Act, or the Chief of Police does not defend the action on behalf of himself/herself and of the member as joint tort-feasors at the Board's sole expense.
ii. Where the Chief of Police is joined as a party and the Board elects to defend the action, but the solicitor retained on behalf of the Board is of the view that it would be improper for him/her to act for both the Chief of Police and the member in that action. The Board shall decide if additional counsel shall be retained with respect to the indemnification provisions of this Article.
49.3.1 A member who is a suspect in a criminal investigation shall be granted legal indemnification on the terms set out in this article beginning at the point in the criminal investigation where a caution is to be given to the member.
49.4 A member of the police service who is requested or subpoenaed to appear before an inquiry initiated under Section 25 or Section 26 of the Police Services Act, or whose conduct is called into question as a result of a citizen's complaint or in the course of an inquiry under the Coroner's Act, the Public Inquiries Act or a Royal Commission, because of acts done in the attempted performance in good faith of a member's duties as a police officer, shall be indemnified by the Niagara Police Board for the necessary and reasonable legal costs incurred in representing his/her interests in such an inquiry on the following conditions:
49.4.1 Where one or more than one member of the Police Service is subpoenaed or requested to appear, other than the Chief of Police, in such a case there shall be only one counsel representing the members of the Police Service, excluding the Chief of Police, and;
49.4.2 Where the counsel representing the members of the Service, excluding the Chief of Police, is of the opinion that it would be improper for him/her to act for both the member and the other members of the Service, he/she shall notify the Board forthwith of such concerns. The Board shall decide if additional counsel shall be retained with respect to the indemnification provisions of this Article, and;
49.4.3 If the Board has retained counsel in such proceedings, the Board’s solicitor will provide advice to, and represent, any member or members who are requested to appear, or who are subpoenaed, or whose conduct is called into question for the reasons set out in 49.4 unless the Board’s solicitor determines that a conflict of interest exists. If such conflict exists, then the provisions of 49.4.1 and 49.4.2 apply. The Board shall decide, based on the advice of its solicitor, if additional counsel shall be retained with respect to the indemnification provisions of this article.
49.4.4 A member or members of the Service shall not be indemnified unless they are found not guilty of misconduct in the proceeding for which legal indemnification is sought.
49.4.5 A member or members of the Service shall not be indemnified for such legal costs if such indemnification, in the opinion of the Board, would reduce respect for law enforcement in the Regional Municipality of Niagara.
49.5 In the event that a member intends to apply to the Board for indemnification pursuant to the provisions of this Article, the following shall apply:
49.5.1 The member shall, within thirty (30) days of being charged or of receiving notice of other legal proceedings provided for in this article, apply in writing to the Chief of Police or his designee for approval to retain counsel or a paralegal and for the approval of the counsel or paralegal to be so retained.
49.5.2 In the event of any dispute concerning the counsel or paralegal to be retained, the matter shall be resolved by an officer designated by the Chief of Police and a member of the Association Executive designated for that purpose.
49.5.3 The application of the member for indemnification shall include:
i. a fee schedule provided by the lawyer or paralegal setting out his or her hourly rate, and confirming that the fees will be charged at the lesser of the lawyer or paralegal’s normal hourly rate, or $260.00 for a lawyer or $90.00 for a paralegal;
ii. an estimate, where practicable, of the total charges that will be incurred in the matter, and
iii. the lawyer or paralegal's undertaking to submit monthly statements to the Board showing the time spent and the charges incurred on the file during the month. If the application is approved, the Board reserves the right to refuse payment of the lawyer or paralegal’s account if the counsel or paralegal fails to submit monthly statements in accordance with subparagraph (iii) above, provided that it has given 30 days written notice of its intention to do so to the lawyer or paralegal, with a copy to the Association, and the lawyer or paralegal has not remedied the situation prior to the expiry of the 30 days.
49.5.4 The Board has the right to negotiate fees with the lawyer or paralegal to be retained, and the affected member has the right to be present during the fee negotiations.
49.5.5 There shall be a cap on the legal fees of $260.00 per hour. In addition, a lawyer may charge for travel time at the rate of $130.00 per hour, to a maximum of four (4) hours per day.
49.6 For greater certainty, members shall not be indemnified for legal costs arising from:
49.6.1 grievances or complaints under the Collective Agreement between the Board and the Association or under the Police Services Act;
49.6.2 the actions or omissions of members acting in their capacity as private citizens;
49.6.3 discipline charges under the Police Services Act and Regulations.
49.7 For the purpose of this provision, a member shall not be deemed to be "finally acquitted" if, as a result of charges laid, he/she is subsequently found guilty of, or pleads guilty to, other charges arising out of the same incident or incidents.
49.8 For the purpose of this provision "necessary and reasonable legal costs" shall be based on the account rendered by the solicitor or paralegal performing the work, subject to taxation by an assessment officer of the Supreme Court of Ontario. If the General Counsel for the Association attends at a S.I.U. call outside normal business hours in circumstances where outside counsel is unavailable or there is a conflict that requires more than one counsel, the Association will be reimbursed at the rate of $150.00 per hour.
49.9 In the cases of aggravated assault, assault causing bodily harm or the included offence of ordinary assault, the indemnification referred to in clause 49.1 shall be limited to only those fees that would have reasonably been incurred if the matter was tried in Provincial Court unless the officer first obtains permission to elect to be tried by any other court. To obtain the said approval of the Board, the officer shall make an application in writing to the Chief of Police and the decision shall be at the discretion of the Niagara Regional Police Services Board.
49.10 Subject to other provisions of this Article, a member who is the Subject Officer in a Special Investigations Unit (S.I.U.) investigation may make application for legal indemnification subject to and upon the receipt of a final determination or recommendation by S.I.U. that criminal charges or other punitive actions will not be initiated or pursued.
49.11 A member who is required as a witness by the Special Investigations Unit (S.I.U.) in the course of an investigation into the conduct of another member may make application for legal indemnification in respect of legal fees to be incurred by the member as a witness, and the payment of the legal indemnification shall be subject to the discretion of the Chief.
49.12 A member or members of the Service will be indemnified for the necessary and reasonable associated costs, including but not limited to, hotel, meals and airfare, which result from any criminal, statutory or civil matters arising out of the member's deployment outside of the Region and/or to another Police Service or agency if the member is entitled to legal indemnification under this Agreement in relation to the same matters.
Appears in 1 contract
Samples: Collective Agreement
LEGAL INDEMNIFICATION. 49.1 Subject to the other provisions of this Article, a member charged with but not found guilty and finally acquitted of a criminal or statutory offence, because of acts done while on duty in the attempted performance in good faith of his/her duties as a member of the Service, police officer shall be indemnified for the necessary and reasonable legal costs incurred by in the member during the investigation defence of the incident such charges provided that resulted in those charges being laid and for the such necessary and reasonable legal costs incurred by shall not exceed $260.00 per hour in respect of a lawyer performing the member work, or $90.00 per hour in the defence of such charges. Subject to event that a paralegal is performing the other provisions of this Articlework.
49.2 Notwithstanding clause 49.1, 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 indemnified for 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 completion of any grievance and arbitration process that may be initiated, disciplined in which event the member shall not be eligible for indemnification hereunder. 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 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 counsel collectively for all members identified as witnesses will be indemnified with respect to that investigation. Notwithstandingparagraphs and the Board may refuse payment otherwise authorized under paragraph or clause 49.1 where the actions of the member officer 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. When police officer.
49.3 Where a member is a defendant in a civil action for damages because of acts done during tour of duty in the attempted performance in good faith of his/her duties as a member police officer, and the action is not defended by the insurance carrier of the Service Regional Municipality of Niagara or otherwise, he/she shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such an action in the followingcircumstances following circumstances only:
i. Where the Chief of Police is not joined in the action as a party pursuant to section 50 of the Police Services Act, or the Chief of Police does not defend the action on behalf of himself/herself and of the member as joint tort-feasors at the Board's sole expense.
ii. Where the Chief of Police is joined as a party and the Board elects to defend the action, but the solicitor retained on behalf of the Board is of the view that it would be improper for him/her to act for both the Chief of Police and the member in that action. The Board shall decide if additional counsel shall be retained with respect to the indemnification provisions of this Article.
49.3.1 A member who is a suspect in a criminal investigation shall be granted legal indemnification on the terms set out in this article beginning at the point in the criminal investigation where a caution is to be given to the member.
49.4 A member of the police service who is requested or subpoenaed to appear before an inquiry initiated under Section 25 or Section 26 of the Police Services Act, or whose conduct is called into question as a result of a citizen's complaint or in the course of an inquiry under the Coroner's Act, the Public Inquiries Act or a Royal Commission, because of acts done in the attempted performance in good faith of a member's duties as a police officer, shall be indemnified by the Niagara Police Board for the necessary and reasonable legal costs incurred in representing his/her interests in such an inquiry on the following conditions:
49.4.1 Where one or more than one member of the Police Service is subpoenaed or requested to appear, other than the Chief of Police, in such a case there shall be only one counsel representing the members of the Police Service, excluding the Chief of Police, and;
49.4.2 Where the counsel representing the members of the Service, excluding the Chief of Police, is of the opinion that it would be improper for him/her to act for both the member and the other members of the Service, he/she shall notify the Board forthwith of such concerns. The Board shall decide if additional counsel shall be retained with respect to the indemnification provisions of this Article, and;
49.4.3 If the Board has retained counsel in such proceedings, the Board’s solicitor will provide advice to, and represent, any member or members who are requested to appear, or who are subpoenaed, or whose conduct is called into question for the reasons set out in 49.4 unless the Board’s solicitor determines that a conflict of interest exists. If such conflict exists, then the provisions of 49.4.1 and 49.4.2 apply. The Board shall decide, based on the advice of its solicitor, if additional counsel shall be retained with respect to the indemnification provisions of this article.
49.4.4 A member or members of the Service shall not be indemnified unless they are found not guilty of misconduct in the proceeding for which legal indemnification is sought.
49.4.5 A member or members of the Service shall not be indemnified for such legal costs if such indemnification, in the opinion of the Board, would reduce respect for law enforcement in the Regional Municipality of Niagara.
49.5 In the event that a member intends to apply to the Board for indemnification pursuant to the provisions of this Article, the following shall apply:
49.5.1 The member shall, within thirty (30) days of being charged or of receiving notice of other legal proceedings provided for in this article, apply in writing to the Chief of Police or his designee for approval to retain counsel or a paralegal and for the approval of the counsel or paralegal to be so retained.
49.5.2 In the event of any dispute concerning the counsel or paralegal to be retained, the matter shall be resolved by an officer designated by the Chief of Police and a member of the Association Executive designated for that purpose.
49.5.3 The application of the member for indemnification shall include:
i. a fee schedule provided by the lawyer or paralegal setting out his or her hourly rate, and confirming that the fees will be charged at the lesser of the lawyer or paralegal’s normal hourly rate, or $260.00 for a lawyer or $90.00 for a paralegal;
ii. an estimate, where practicable, of the total charges that will be incurred in the matter, and
iii. the lawyer or paralegal's undertaking to submit monthly statements to the Board showing the time spent and the charges incurred on the file during the month. If the application is approved, the Board reserves the right to refuse payment of the lawyer or paralegal’s account if the counsel or paralegal fails to submit monthly statements in accordance with subparagraph (iii) above, provided that it has given 30 days written notice of its intention to do so to the lawyer or paralegal, with a copy to the Association, and the lawyer or paralegal has not remedied the situation prior to the expiry of the 30 days.
49.5.4 The Board has the right to negotiate fees with the lawyer or paralegal to be retained, and the affected member has the right to be present during the fee negotiations.
49.5.5 There shall be a cap on the legal fees of $260.00 per hour. In addition, a lawyer may charge for travel time at the rate of $130.00 per hour, to a maximum of four (4) hours per day.
49.6 For greater certainty, members shall not be indemnified for legal costs arising from:
49.6.1 grievances or complaints under the Collective Agreement between the Board and the Association or under the Police Services Act;
49.6.2 the actions or omissions of members acting in their capacity as private citizens;
49.6.3 discipline charges under the Police Services Act and Regulations.
49.7 For the purpose of this provision, a member shall not be deemed to be "finally acquitted" if, as a result of charges laid, he/she is subsequently found guilty of, or pleads guilty to, other charges arising out of the same incident or incidents.
49.8 For the purpose of this provision "necessary and reasonable legal costs" shall be based on the account rendered by the solicitor or paralegal performing the work, subject to taxation by an assessment officer of the Supreme Court of Ontario. If the General Counsel for the Association attends at a S.I.U. call outside normal business hours in circumstances where outside counsel is unavailable or there is a conflict that requires more than one counsel, the Association will be reimbursed at the rate of $150.00 per hour.
49.9 In the cases of aggravated assault, assault causing bodily harm or the included offence of ordinary assault, the indemnification referred to in clause 49.1 shall be limited to only those fees that would have reasonably been incurred if the matter was tried in Provincial Court unless the officer first obtains permission to elect to be tried by any other court. To obtain the said approval of the Board, the officer shall make an application in writing to the Chief of Police and the decision shall be at the discretion of the Niagara Regional Police Services Board.
49.10 Subject to other provisions of this Article, a member who is the Subject Officer in a Special Investigations Unit (S.I.U.) investigation may make application for legal indemnification subject to and upon the receipt of a final determination or recommendation by S.I.U. that criminal charges or other punitive actions will not be initiated or pursued.
49.11 A member who is required as a witness by the Special Investigations Unit (S.I.U.) in the course of an investigation into the conduct of another member shall be indemnified for the necessary legal costs incurred by the member as a witness.
49.12 A member or members of the Service will be indemnified for the necessary and reasonable associated costs, including but not limited to, hotel, meals and airfare, which result from any criminal, statutory or civil matters arising out of the member's deployment outside of the Region and/or to another Police Service or agency if the member is entitled to legal indemnification under this Agreement in relation to the same matters.
Appears in 1 contract
Samples: Collective Agreement
LEGAL INDEMNIFICATION. 49.1 Subject to the other provisions of this Article, a member charged with but not found guilty and finally acquitted of a criminal or statutory offence, because of acts done while on duty in the attempted performance in good faith of his/her duties as a member of the Service, police officer shall be indemnified for the necessary and reasonable legal costs incurred by in the member during the investigation defence of the incident such charges provided that resulted in those charges being laid and for the such necessary and reasonable legal costs incurred by shall not exceed $260.00 per hour in respect of a lawyer performing the member work, or $90.00 per hour in the defence of such charges. Subject to event that a paralegal is performing the other provisions of this Articlework.
49.2 Notwithstanding clause 49.1, 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 indemnified for 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 completion of any grievance and arbitration process that may be initiated, disciplined in which event the member shall not be eligible for indemnification hereunder. 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 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 counsel collectively for all members identified as witnesses will be indemnified with respect to that investigation. Notwithstandingparagraphs and the Board may refuse payment otherwise authorized under paragraph or clause 49.1 where the actions of the member officer 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. When police officer.
49.3 Where a member is a defendant in a civil action for damages because of acts done during tour of duty in the attempted performance in good faith of his/her duties as a member police officer, and the action is not defended by the insurance carrier of the Service Regional Municipality of Niagara or otherwise, he/she shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such an action in the followingcircumstances following circumstances only:
i. Where the Chief of Police is not joined in the action as a party pursuant to section 50 of the Police Services Act, or the Chief of Police does not defend the action on behalf of himself/herself and of the member as joint tort-feasors at the Board's sole expense.
ii. Where the Chief of Police is joined as a party and the Board elects to defend the action, but the solicitor retained on behalf of the Board is of the view that it would be improper for him/her to act for both the Chief of Police and the member in that action. The Board shall decide if additional counsel shall be retained with respect to the indemnification provisions of this Article.
49.3.1 A member who is a suspect in a criminal investigation shall be granted legal indemnification on the terms set out in this article beginning at the point in the criminal investigation where a caution is to be given to the member.
49.4 A member of the police service who is requested or subpoenaed to appear before an inquiry initiated under Section 25 or Section 26 of the Police Services Act, or whose conduct is called into question as a result of a citizen's complaint or in the course of an inquiry under the Coroner's Act, the Public Inquiries Act or a Royal Commission, because of acts done in the attempted performance in good faith of a member's duties as a police officer, shall be indemnified by the Niagara Police Board for the necessary and reasonable legal costs incurred in representing his/her interests in such an inquiry on the following conditions:
49.4.1 Where one or more than one member of the Police Service is subpoenaed or requested to appear, other than the Chief of Police, in such a case there shall be only one counsel representing the members of the Police Service, excluding the Chief of Police, and;
49.4.2 Where the counsel representing the members of the Service, excluding the Chief of Police, is of the opinion that it would be improper for him/her to act for both the member and the other members of the Service, he/she shall notify the Board forthwith of such concerns. The Board shall decide if additional counsel shall be retained with respect to the indemnification provisions of this Article, and;
49.4.3 If the Board has retained counsel in such proceedings, the Board’s solicitor will provide advice to, and represent, any member or members who are requested to appear, or who are subpoenaed, or whose conduct is called into question for the reasons set out in 49.4 unless the Board’s solicitor determines that a conflict of interest exists. If such conflict exists, then the provisions of 49.4.1 and 49.4.2 apply. The Board shall decide, based on the advice of its solicitor, if additional counsel shall be retained with respect to the indemnification provisions of this article.
49.4.4 A member or members of the Service shall not be indemnified unless they are found not guilty of misconduct in the proceeding for which legal indemnification is sought.
49.4.5 A member or members of the Service shall not be indemnified for such legal costs if such indemnification, in the opinion of the Board, would reduce respect for law enforcement in the Regional Municipality of Niagara.
49.5 In the event that a member intends to apply to the Board for indemnification pursuant to the provisions of this Article, the following shall apply:
49.5.1 The member shall, within thirty (30) days of being charged or of receiving notice of other legal proceedings provided for in this article, apply in writing to the Chief of Police or his designee for approval to retain counsel or a paralegal and for the approval of the counsel or paralegal to be so retained.
49.5.2 In the event of any dispute concerning the counsel or paralegal to be retained, the matter shall be resolved by an officer designated by the Chief of Police and a member of the Association Executive designated for that purpose.
49.5.3 The application of the member for indemnification shall include:
i. a fee schedule provided by the lawyer or paralegal setting out his or her hourly rate, and confirming that the fees will be charged at the lesser of the lawyer or paralegal’s normal hourly rate, or $260.00 for a lawyer or $90.00 for a paralegal;
ii. an estimate, where practicable, of the total charges that will be incurred in the matter, and
iii. the lawyer or xxxxxxxxx's undertaking to submit monthly statements to the Board showing the time spent and the charges incurred on the file during the month. If the application is approved, the Board reserves the right to refuse payment of the lawyer or paralegal’s account if the counsel or paralegal fails to submit monthly statements in accordance with subparagraph (iii) above, provided that it has given 30 days written notice of its intention to do so to the lawyer or paralegal, with a copy to the Association, and the lawyer or paralegal has not remedied the situation prior to the expiry of the 30 days.
49.5.4 The Board has the right to negotiate fees with the lawyer or paralegal to be retained, and the affected member has the right to be present during the fee negotiations.
49.5.5 There shall be a cap on the legal fees of $260.00 per hour. In addition, a lawyer may charge for travel time at the rate of $130.00 per hour, to a maximum of four (4) hours per day.
49.6 For greater certainty, members shall not be indemnified for legal costs arising from:
49.6.1 grievances or complaints under the Collective Agreement between the Board and the Association or under the Police Services Act;
49.6.2 the actions or omissions of members acting in their capacity as private citizens;
49.6.3 discipline charges under the Police Services Act and Regulations.
49.7 For the purpose of this provision, a member shall not be deemed to be "finally acquitted" if, as a result of charges laid, he/she is subsequently found guilty of, or pleads guilty to, other charges arising out of the same incident or incidents.
49.8 For the purpose of this provision "necessary and reasonable legal costs" shall be based on the account rendered by the solicitor or paralegal performing the work, subject to taxation by an assessment officer of the Supreme Court of Ontario. If the General Counsel for the Association attends at a S.I.U. call outside normal business hours in circumstances where outside counsel is unavailable or there is a conflict that requires more than one counsel, the Association will be reimbursed at the rate of $150.00 per hour.
49.9 In the cases of aggravated assault, assault causing bodily harm or the included offence of ordinary assault, the indemnification referred to in clause 49.1 shall be limited to only those fees that would have reasonably been incurred if the matter was tried in Provincial Court unless the officer first obtains permission to elect to be tried by any other court. To obtain the said approval of the Board, the officer shall make an application in writing to the Chief of Police and the decision shall be at the discretion of the Niagara Regional Police Services Board.
49.10 Subject to other provisions of this Article, a member who is the Subject Officer in a Special Investigations Unit (S.I.U.) investigation may make application for legal indemnification subject to and upon the receipt of a final determination or recommendation by S.I.U. that criminal charges or other punitive actions will not be initiated or pursued.
49.11 A member who is required as a witness by the Special Investigations Unit (S.I.U.) in the course of an investigation into the conduct of another member may make application for legal indemnification in respect of legal fees to be incurred by the member as a witness, and the payment of the legal indemnification shall be subject to the discretion of the Chief.
49.12 A member or members of the Service will be indemnified for the necessary and reasonable associated costs, including but not limited to, hotel, meals and airfare, which result from any criminal, statutory or civil matters arising out of the member's deployment outside of the Region and/or to another Police Service or agency if the member is entitled to legal indemnification under this Agreement in relation to the same matters.
Appears in 1 contract
Samples: Collective Agreement
LEGAL INDEMNIFICATION. 34.1 Subject to the other provisions of this Article, a member charged with but not found guilty and finally acquitted of a criminal or statutory offence, because of acts done while on duty in the attempted performance in good faith of his/her duties as a Civilian 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. 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 indemnified for provided that such 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 completion of any grievance and arbitration process that may be initiated, disciplined in which event the member shall not be eligible for indemnification hereunder. Paragraph hereof also applies to members who, although not the subject exceed $245.00 per hour in respect of a criminal investigationlawyer performing the work, have incurred or $90.00 per hour in the event that a para-legal costs during is performing the initialwork, on-site investigation by It is understood that the legal costs of one counsel and shall not include any allowance for each member identified as a subject member will be indemnified and that the legal costs of counsel collectively for all members identified as witnesses will be indemnified with respect to that investigation. Notwithstandingparagraphs and travel time.
34.2 Notwithstanding clause 34.1, the Board may refuse payment otherwise authorized under paragraph or clause 34.1 where the actions of the Civilian member from which the charges or investigation arose amounted mounted to a gross dereliction of duty or deliberate abuse of his/her powers as a Civilian member of the Service. When .
34.3 Where a member is a defendant in a civil action for damages because of acts done during tour of duty in the attempted performance in good faith of his/her duties as a member of the Service Service, and the action is not defended by the insurance carrier of the Regional Municipality of Niagara or otherwise, he/she shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such an action in the followingcircumstances following circumstances only:
34.3.1 Where the Chief of Police is not joined in the action as a party pursuant to Section 50 of The Police Services Act, or the Chief of Police does not defend the action on behalf of himself/herself and of the member as joint tort-feasors at the Board's sole expense;
34.3.2 Where the Chief of Police is joined as a party and the Board elects to defend the action, but the solicitor retained on behalf of the Board is of the view that it would be improper for him/her to act for both the Chief of Police and the member in that action. The Board shall decide if additional counsel shall be retained with respect to the indemnification provisions of this Article and such decision is not reviewable by an Arbitrator.
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 inquiry initiated under Section 25 or Section 26 of The Police Services Act, or whose conduct is called into question as a result of a citizen's complaint or in the course of an inquiry under the Coroner's Act, the Public Inquiries Act or a Royal Commission, because of acts done in the attempted performance in good faith of a 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 such decision is not reviewable by an Arbitrator, and;
34.4.3 If the Board has retained counsel in such proceedings, the Board’s solicitor will provide advice to, and represent, any member or members who are requested to appear, or who are subpoenaed, or whose conduct is called into question for the reasons set out in 34.4 unless the Board’s solicitor determines that a conflict of interest 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 and such decision is not reviewable by an arbitrator.
34.4.4 A member or members of the Service shall not be indemnified unless they are found not guilty of misconduct in the proceeding for which legal indemnification is sought.
34.4.5 A member or members of the Service shall not be indemnified for such legal costs if such indemnification, in the opinion of the Board, would reduce respect for law enforcement in the Regional Municipality of Niagara.
34.5 In the event that a member intends to apply to the Board for indemnification pursuant to the provisions of this Article, the following shall apply:
34.5.1 The member shall, within thirty (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 $245.00 for a lawyer or $90.00 for a paralegal;
ii. an estimate, where practicable, of the total charges that will be incurred in the matter, and
iii. the lawyer or paralegal's undertaking to submit monthly statements to the Board showing the time spent and the charges incurred on the file during the month. If the application is approved, the Board reserves the right to refuse payment of the lawyer or paralegal’s account if the counsel or paralegal fails to submit monthly statements in accordance with subparagraph (iii) above, provided that it has given 30 days written notice of its intention to do so to the lawyer or paralegal, with a copy to the Association, and the lawyer or paralegal has not remedied the situation prior to the expiry of the 30 days.
34.5.4 The Board has the right to negotiate fees with the lawyer or paralegal to be retained, and the affected member has the right to be present during the fee negotiations.
34.5.5 There shall be a cap on the legal fees of $245.00 per hour with no allowance for travelling time.
34.6 For greater certainty, members shall not be indemnified for legal costs arising from:
34.6.1 Grievances or complaints under the Collective Agreement between the Board and the Association or under The Police Services Act;
34.6.2 The actions or omissions of members acting in their capacity as private citizens;
34.7 For the purpose of this provision, a member shall not be deemed to be "finally acquitted" if, as a result of charges laid, he/she is subsequently found guilty of, or pleads guilty to other charges arising out of the same incident or incidents.
34.8 For the purpose of this provision, "necessary and reasonable legal costs" shall be based on the account rendered by the solicitor or paralegal performing the work, subject to taxation by an assessment officer of the Supreme Court of Ontario. If the General Counsel for the Association attends at a S.I.U. call outside normal business hours in circumstances where outside counsel is unavailable or there is a conflict that requires more than one counsel, the Association will be reimbursed at the rate of $150.00 per hour.
34.9 In the case of aggravated assault, assault causing bodily harm or the 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 any member of this Police Service may make application for legal indemnification in respect of legal fees to be incurred by the member as a witness, and the payment of the legal indemnification shall be subject to the discretion of the Chief.
Appears in 1 contract
Samples: Collective Agreement
LEGAL INDEMNIFICATION. Subject to the other provisions of this Article, 33.01 If a member is charged with but an offence under the Criminal Code of Canada or any statute of the Province of Ontario, excluding the Police Services Act, arising out of their execution of their police duties, if at the conclusion of all proceedings the member is found not found guilty of such offences or a criminal reduced charge or statutory offenceif the charge is dismissed or withdrawn, because of acts done in the attempted performance in good faith of duties as a member of the Service, shall be indemnified reimbursed for the necessary and reasonable legal costs a taxed solicitor=s account 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. 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 indemnified for necessary and reasonable legal costs incurred by the member during that investigation unless, arising from or as a result of such investigationcharges. Approval for retaining legal counsel must first be obtained from the Board through the Chief of Police.
33.02 If a civil action is brought against a member arising out of their execution of their police duties, the member is, after completion of any grievance and arbitration process that may shall be initiated, disciplined in which event the member shall not be eligible reimbursed for indemnification hereunder. Paragraph hereof also applies to members who, although not the subject of a criminal investigation, have taxed solicitor=s account incurred legal costs during the initial, on-site investigation by It is understood that the legal costs of one counsel for each member identified as a subject member will be indemnified and result of such action, provided that such action resulted from the legal costs of counsel collectively for all members identified as witnesses will be indemnified with respect to that investigation. Notwithstandingparagraphs and the Board may refuse payment otherwise authorized under paragraph performance or where the actions attempted performance of the member from which the charges or investigation arose amounted to member=s duties and was not a gross dereliction of duty or deliberate abuse duty. Approval for retaining legal counsel must first be obtained from the Board through the Chief of as a member Police. This clause shall not apply to civil action which is covered under the insurance policy held by The Corporation of the Service. When a Town of Smiths Falls and for which the insurer provides legal representation for the member.
33.03 Upon payment of such legal costs, The Corporation of the Town of Smiths Falls shall be subrogated to any right of recovery which the member is a defendant in a civil may have arising out of any such proceeding including any right of action for damages because for malicious prosecution and any right to recover costs from any other party and The Corporation of acts done during tour the Town of duty Smiths Falls may in the attempted performance in good faith of duties as a member member=s name and on his/her own behalf but at the expense of the Service Town take action against any such person and may compromise any such action as it sees fit. The member shall be indemnified for receive any damages awarded to the necessary and reasonable legal member exclusive of costs incurred in by The Corporation of the defence Town of such an action in Smiths Falls incurred on the followingcircumstances only:member=s behalf.
Appears in 1 contract
Samples: Police Uniform Agreement
LEGAL INDEMNIFICATION. I Subject to the other provisions of this Article, a member charged with but not found guilty and finally acquitted of a criminal or statutory offence, because of acts done while on duty in the attempted performance in good faith of duties as a Civilian member shall be indemnifiedfor the necessary and reasonable legal costs incurred in the defence of such charges, provided that such necessary and reasonable legal costs shall not exceed per hour in respect of a lawyer performingthe work, or per hour in the event that a is performing the work, and shall not include any allowance for travel time. Notwithstandingclause the Board may refuse payment otherwise authorized under clause where the actions of the Civilian member from which the charges arose mounted to a dereliction of duty or abuse of powers as a Civilian member of the Service. Where a member is a defendant in a civil action for damages because of acts done in the attempted performance in good faith of duties as a member of the Service, and the action is not defended by the insurance carrier of the Regional Municipality of or otherwise, 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. 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 indemnified for 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 completion of any grievance and arbitration process that may be initiated, disciplined in which event the member shall not be eligible for indemnification hereunder. 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 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 counsel collectively for all members identified as witnesses will be indemnified with respect to that investigation. Notwithstandingparagraphs and the Board may refuse payment otherwise authorized under paragraph or where the actions of the member from which the charges or investigation arose amounted to a gross dereliction of duty or deliberate abuse of 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 attempted performance in good faith of duties as a member of the Service shall be indemnified for indemnifiedfor the necessary and reasonable legal costs incurred in the defence of such an action in the followingcircumstances following circumstances only: Where the Chief of Police is notjoined in the action as a party pursuantto Section of The Police Services or the Chief of Police does not defend the action on behalf of and of the member as joint at the Board’s sole expense; Where the Chief of Police is joined as a party and the Board elects to defend the action, but the solicitor retained on behalf of the Board is of the view that it would be improper for to act for both the Chief of Policeand the member in that action. The Board shall decide if additional counsel shall be retained with respect to the indemnification provisions of this Article and such decision is not reviewable by an Arbitrator. A member who is a suspect in a criminal investigation shall be granted legal indemnification on the terms set out in this article beginning at the point in the criminal investigationwhere a caution is to be given to the member. A member of the Service who is requested or subpoenaed to appear before an inquiry initiated under Section or Section of Police Services Act, or whose conduct is called into question as a result of a citizen’s complaint or in the course of an inquiry under the Coroner‘s Act, the Public Act or a Royal Commission, because of acts done in the attempted performance in good faith of a member’s duties as a Civilian member of the Service, shall be indemnified by the Police Board for the necessary and reasonable legal costs incurred in representing interests in such an inquiry on the following conditions: Where one or morethan one member of the Service is subpoenaedto appear, other than the Chief of Police, in such a case there shall be only one counsel representing the members of the Service, excluding the Chief of Police, and; Where the counsel representing the members of the Service, excluding the Chief of Police, is of the opinion that it would be improper for to act for both the member and the other members of the Service, shall notify the Board forthwith of such concerns. The Board shall decide if additional counsel shall be retained with respect to the indemnifications provisions of this Article and such decision is not reviewable by an Arbitrator, and; If the Board has retained counsel in such proceedings, the Board’s solicitor will provide advice to, and represent, any member or members who are requested to appear, or who are subpoenaed, or whose conduct is called into question for the reasons set out in unless the Board‘s solicitor determines that a conflict of interest exists. If such conflict exists, then the provisions of and apply. The Board shall decide, based on the advice of its solicitor, if additional counselshall be retained with respect to the indemnification provisions of this article and such decision is not reviewable by an arbitrator. A member or members of the Service shall not be indemnifiedfor such legal costs if such indemnification, in the opinion of the Board, would reduce respect for law enforcement in the Regional Municipality of Inthe event that a member intendsto apply to the Boardfor indemnificationpursuant to the provisions of this Article, the following shall apply: The member shall, within thirty (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. 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 designatedfor that purpose. The application of the member for indemnificationshall include:
Appears in 1 contract
Samples: Civilian Collective Agreement
LEGAL INDEMNIFICATION. 34.1 Subject to the other provisions of this Article, a member charged with but not found guilty and finally acquitted of a criminal or statutory offence, because of acts done while on duty in the attempted performance in good faith of his/her duties as a Civilian 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. 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 indemnified for provided that such 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 completion of any grievance and arbitration process that may be initiated, disciplined in which event the member shall not be eligible for indemnification hereunder. Paragraph hereof also applies exceed $260.00, increasing to members who$275.00 per hour effective August 8, although not the subject 2013 in respect of a criminal investigationlawyer performing the work, have incurred or $90.00 per hour in the event that a para-legal costs during is performing the initialwork.
34.2 Notwithstanding clause 34.1, on-site investigation by 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 counsel collectively for all members identified as witnesses will be indemnified with respect to that investigation. Notwithstandingparagraphs and the Board may refuse payment otherwise authorized under paragraph or clause 34.1 where the actions of the Civilian member from which the charges or investigation arose amounted mounted to a gross dereliction of duty or deliberate abuse of his/her powers as a Civilian member of the Service. When .
34.3 Where a member is a defendant in a civil action for damages because of acts done during tour of duty in the attempted performance in good faith of his/her duties as a member of the Service Service, and the action is not defended by the insurance carrier of the Regional Municipality of Niagara or otherwise, he/she shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such an action in the followingcircumstances following circumstances only:
34.3.1 Where the Chief of Police is not joined in the action as a party pursuant to Section 50 of The Police Services Act, or the Chief of Police does not defend the action on behalf of himself/herself and of the member as joint tort-feasors at the Board's sole expense;
34.3.2 Where the Chief of Police is joined as a party and the Board elects to defend the action, but the solicitor retained on behalf of the Board is of the view that it would be improper for him/her to act for both the Chief of Police and the member in that action. The Board shall decide if additional counsel shall be retained with respect to the indemnification provisions of this Article.
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 inquiry initiated under Section 25 or Section 26 of The Police Services Act, or whose conduct is called into question as a result of a citizen's complaint or in the course of an inquiry under the Coroner's Act, the Public Inquiries Act or a Royal Commission, because of acts done in the attempted performance in good faith of a member's duties as a Civilian member of the Service, shall be indemnified by the Niagara Police Board for the necessary and reasonable legal costs incurred in representing his/her interests in such an inquiry on the following conditions:
34.4.1 Where one or more than one member of the Service is subpoenaed to appear, other than the Chief of Police, in such a case there shall be only one counsel representing the members of the Service, excluding the Chief of Police, and;
34.4.2 Where the counsel representing the members of the Service, excluding the Chief of Police, is of the opinion that it would be improper for him/her to act for both the member and the other members of the Service, he/she shall notify the Board forthwith of such concerns. The Board shall decide if additional counsel shall be retained with respect to the indemnifications provisions of this Article, and;
34.4.3 If the Board has retained counsel in such proceedings, the Board’s solicitor will provide advice to, and represent, any member or members who are requested to appear, or who are subpoenaed, or whose conduct is called into question for the reasons set out in 34.4 unless the Board’s solicitor determines that a conflict of interest exists. If such conflict exists, then the provisions of 34.5.1 and 34.5.2 apply. The Board shall decide, based on the advice of its solicitor, if additional counsel shall be retained with respect to the indemnification provisions of this article.
34.4.4 A member or members of the Service shall not be indemnified unless they are found not guilty of misconduct in the proceeding for which legal indemnification is sought.
34.4.5 A member or members of the Service shall not be indemnified for such legal costs if such indemnification, in the opinion of the Board, would reduce respect for law enforcement in the Regional Municipality of Niagara.
34.5 In the event that a member intends to apply to the Board for indemnification pursuant to the provisions of this Article, the following shall apply:
34.5.1 The member shall, within thirty (30) days of being charged or of receiving notice of other legal proceedings provided for in this article, apply in writing to the Chief of Police or his designee for approval to retain counsel or a paralegal and for the approval of the counsel or paralegal to be so retained.
34.5.2 In the event of any dispute concerning the counsel or paralegal to be retained, the matter shall be resolved by an officer designated by the Chief of Police and a member of the Association Executive designated for that purpose.
34.5.3 The application of the member for indemnification shall include:
i. a fee schedule provided by the lawyer or paralegal setting out his or her hourly rate, and confirming that the fees will be charged at the lesser of the lawyer or paralegal’s normal hourly rate, or $260.00 for a lawyer, increasing to $275.00 per hour effective August 8, 2013 or $90.00 for a paralegal;
ii. an estimate, where practicable, of the total charges that will be incurred in the matter, and
iii. the lawyer or paralegal's undertaking to submit monthly statements to the Board showing the time spent and the charges incurred on the file during the month. If the application is approved, the Board reserves the right to refuse payment of the lawyer or paralegal’s account if the counsel or paralegal fails to submit monthly statements in accordance with subparagraph (iii) above, provided that it has given 30 days written notice of its intention to do so to the lawyer or paralegal, with a copy to the Association, and the lawyer or paralegal has not remedied the situation prior to the expiry of the 30 days.
34.5.4 The Board has the right to negotiate fees with the lawyer or paralegal to be retained, and the affected member has the right to be present during the fee negotiations.
34.5.5 There shall be a cap on the legal fees of $260.00 per hour, increasing to $275.00 per hour effective August 8, 2013. In addition, a lawyer may charge for travel time at the rate of $130.00 per hour to a maximum of four (4) hours per day.
34.6 For greater certainty, members shall not be indemnified for legal costs arising from:
34.6.1 Grievances or complaints under the Collective Agreement between the Board and the Association or under The Police Services Act;
34.6.2 The actions or omissions of members acting in their capacity as private citizens;
34.7 For the purpose of this provision, a member shall not be deemed to be "finally acquitted" if, as a result of charges laid, he/she is subsequently found guilty of, or pleads guilty to other charges arising out of the same incident or incidents.
34.8 For the purpose of this provision, "necessary and reasonable legal costs" shall be based on the account rendered by the solicitor or paralegal performing the work, subject to taxation by an assessment officer of the Supreme Court of Ontario. If the General Counsel for the Association attends at a S.I.U. call outside normal business hours in circumstances where outside counsel is unavailable or there is a conflict that requires more than one counsel, the Association will be reimbursed at the rate of $150.00 per hour.
34.9 In the case of aggravated assault, assault causing bodily harm or the included offence of ordinary assault, the indemnification referred to in clause 34.1 shall be limited to only those fees that would have reasonably been incurred if the matter was tried in Provincial Court unless the member first obtains permission to elect to be tried by any other court. To obtain the said approval of the Board, the member shall make an application in writing to the Chief of Police and the decision shall be at the discretion of the Niagara Regional Police Services Board.
34.10 Subject to other provisions of this Article, a member who is the Subject Officer in a Special Investigations Unit (S.I.U.) investigation may make application for legal indemnification subject to and upon the receipt of a final determination or recommendation by S.I.U. that criminal charges or other punitive actions will not be initiated or pursued.
34.11 A member who is required as a witness by the Special Investigations Unit (S.I.U.) in the course of an investigation into the conduct of another member shall be indemnified for 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 associated costs, including but not limited to, hotel, meals and airfare, which result from any criminal, statutory or civil matters arising out of the member's deployment outside of the Region and/or to another Police Service or agency if the member is entitled to legal indemnification under this Agreement in relation to the same matters.
Appears in 1 contract
Samples: Collective Agreement
LEGAL INDEMNIFICATION. 49.1 Subject to the other provisions of this Article, a member charged with but not found guilty and finally acquitted of a criminal or statutory offence, because of acts done while on duty in the attempted performance in good faith of his/her duties as a member of the Service, police officer shall be indemnified for the necessary and reasonable legal costs incurred by in the member during the investigation defence of the incident such charges provided that resulted in those charges being laid and for the such necessary and reasonable legal costs incurred by shall not exceed $260.00 per hour in respect of a lawyer performing the member work, or $90.00 per hour in the defence of such charges. Subject to event that a paralegal is performing the other provisions of this Articlework.
49.2 Notwithstanding clause 49.1, 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 indemnified for 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 completion of any grievance and arbitration process that may be initiated, disciplined in which event the member shall not be eligible for indemnification hereunder. 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 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 counsel collectively for all members identified as witnesses will be indemnified with respect to that investigation. Notwithstandingparagraphs and the Board may refuse payment otherwise authorized under paragraph or clause 49.1 where the actions of the member officer 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. When police officer.
49.3 Where a member is a defendant in a civil action for damages because of acts done during tour of duty in the attempted performance in good faith of his/her duties as a member police officer, and the action is not defended by the insurance carrier of the Service Regional Municipality of Niagara or otherwise, he/she shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such an action in the followingcircumstances following circumstances only:
i. Where the Chief of Police is not joined in the action as a party pursuant to section 50 of the Police Services Act, or the Chief of Police does not defend the action on behalf of himself/herself and of the member as joint tort-feasors at the Board's sole expense.
ii. Where the Chief of Police is joined as a party and the Board elects to defend the action, but the solicitor retained on behalf of the Board is of the view that it would be improper for him/her to act for both the Chief of Police and the member in that action. The Board shall decide if additional counsel shall be retained with respect to the indemnification provisions of this Article.
49.3.1 A member who is a suspect in a criminal investigation shall be granted legal indemnification on the terms set out in this article beginning at the point in the criminal investigation where a caution is to be given to the member.
49.4 A member of the police service who is requested or subpoenaed to appear before an inquiry initiated under Section 25 or Section 26 of the Police Services Act, or whose conduct is called into question as a result of a citizen's complaint or in the course of an inquiry under the Coroner's Act, the Public Inquiries Act or a Royal Commission, because of acts done in the attempted performance in good faith of a member's duties as a police officer, shall be indemnified by the Niagara Police Board for the necessary and reasonable legal costs incurred in representing his/her interests in such an inquiry on the following conditions:
49.4.1 Where one or more than one member of the Police Service is subpoenaed or requested to appear, other than the Chief of Police, in such a case there shall be only one counsel representing the members of the Police Service, excluding the Chief of Police, and;
49.4.2 Where the counsel representing the members of the Service, excluding the Chief of Police, is of the opinion that it would be improper for him/her to act for both the member and the other members of the Service, he/she shall notify the Board forthwith of such concerns. The Board shall decide if additional counsel shall be retained with respect to the indemnification provisions of this Article, and;
49.4.3 If the Board has retained counsel in such proceedings, the Board’s solicitor will provide advice to, and represent, any member or members who are requested to appear, or who are subpoenaed, or whose conduct is called into question for the reasons set out in 49.4 unless the Board’s solicitor determines that a conflict of interest exists. If such conflict exists, then the provisions of 49.4.1 and 49.4.2 apply. The Board shall decide, based on the advice of its solicitor, if additional counsel shall be retained with respect to the indemnification provisions of this article.
49.4.4 A member or members of the Service shall not be indemnified unless they are found not guilty of misconduct in the proceeding for which legal indemnification is sought.
49.4.5 A member or members of the Service shall not be indemnified for such legal costs if such indemnification, in the opinion of the Board, would reduce respect for law enforcement in the Regional Municipality of Niagara.
49.5 In the event that a member intends to apply to the Board for indemnification pursuant to the provisions of this Article, the following shall apply:
49.5.1 The member shall, within thirty (30) days of being charged or of receiving notice of other legal proceedings provided for in this article, apply in writing to the Chief of Police or his designee for approval to retain counsel or a paralegal and for the approval of the counsel or paralegal to be so retained.
49.5.2 In the event of any dispute concerning the counsel or paralegal to be retained, the matter shall be resolved by an officer designated by the Chief of Police and a member of the Association Executive designated for that purpose.
49.5.3 The application of the member for indemnification shall include:
i. a fee schedule provided by the lawyer or paralegal setting out his or her hourly rate, and confirming that the fees will be charged at the lesser of the lawyer or paralegal’s normal hourly rate, or $260.00 for a lawyer or $90.00 for a paralegal;
ii. an estimate, where practicable, of the total charges that will be incurred in the matter, and
iii. the lawyer or xxxxxxxxx's undertaking to submit monthly statements to the Board showing the time spent and the charges incurred on the file during the month. If the application is approved, the Board reserves the right to refuse payment of the lawyer or paralegal’s account if the counsel or paralegal fails to submit monthly statements in accordance with subparagraph (iii) above, provided that it has given 30 days written notice of its intention to do so to the lawyer or paralegal, with a copy to the Association, and the lawyer or paralegal has not remedied the situation prior to the expiry of the 30 days.
49.5.4 The Board has the right to negotiate fees with the lawyer or paralegal to be retained, and the affected member has the right to be present during the fee negotiations.
49.5.5 There shall be a cap on the legal fees of $260.00 per hour. In addition, a lawyer may charge for travel time at the rate of $130.00 per hour, to a maximum of four (4) hours per day.
49.6 For greater certainty, members shall not be indemnified for legal costs arising from:
49.6.1 grievances or complaints under the Collective Agreement between the Board and the Association or under the Police Services Act;
49.6.2 the actions or omissions of members acting in their capacity as private citizens;
49.6.3 discipline charges under the Police Services Act and Regulations.
49.7 For the purpose of this provision, a member shall not be deemed to be "finally acquitted" if, as a result of charges laid, he/she is subsequently found guilty of, or pleads guilty to, other charges arising out of the same incident or incidents.
49.8 For the purpose of this provision "necessary and reasonable legal costs" shall be based on the account rendered by the solicitor or paralegal performing the work, subject to taxation by an assessment officer of the Supreme Court of Ontario. If the General Counsel for the Association attends at a S.I.U. call outside normal business hours in circumstances where outside counsel is unavailable or there is a conflict that requires more than one counsel, the Association will be reimbursed at the rate of $150.00 per hour.
49.9 In the cases of aggravated assault, assault causing bodily harm or the included offence of ordinary assault, the indemnification referred to in clause 49.1 shall be limited to only those fees that would have reasonably been incurred if the matter was tried in Provincial Court unless the officer first obtains permission to elect to be tried by any other court. To obtain the said approval of the Board, the officer shall make an application in writing to the Chief of Police and the decision shall be at the discretion of the Niagara Regional Police Services Board.
49.10 Subject to other provisions of this Article, a member who is the Subject Officer in a Special Investigations Unit (S.I.U.) investigation may make application for legal indemnification subject to and upon the receipt of a final determination or recommendation by S.I.U. that criminal charges or other punitive actions will not be initiated or pursued.
49.11 A member who is required as a witness by the Special Investigations Unit (S.I.U.) in the course of an investigation into the conduct of another member shall be indemnified for the necessary legal costs incurred by the member as a witness.
49.12 A member or members of the Service will be indemnified for the necessary and reasonable associated costs, including but not limited to, hotel, meals and airfare, which result from any criminal, statutory or civil matters arising out of the member's deployment outside of the Region and/or to another Police Service or agency if the member is entitled to legal indemnification under this Agreement in relation to the same matters.
Appears in 1 contract
Samples: Collective Agreement
LEGAL INDEMNIFICATION. Subject to 'the other provisions of this Article, a member charged with but not found guilty and finally acquitted of a criminal or statutory offence, because of acts done in the attempted performance in i n good faith of duties as a member of the Servicemember's police duties, shall be indemnified for the necessary and reasonable legal costs incurred by i n the member during defense of such charges. Notwithstanding clause the investigation Board may authorize payment of the incident that resulted in those charges being laid and for the necessary and reasonable legal costs incurred by of a member pleading or being found guilty of an offence described i n where court, instead of convicting the accused, grants the member in an absolute provided that the defence of such charges. Subject to Board accepts 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 indemnified for necessary and reasonable legal costs incurred Chief of or design the :actions- course of e duties were-motivated by an to do that such actions do not constitute any of the member during that investigation unlessactions i n hereof, arising from or as a result of such investigation, the member is, after completion of any grievance and arbitration process that may be initiated, disciplined in which event the member shall not be eligible for indemnification hereunder. 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 understood that the legal costs of one counsel for each member identified as a subject member will be indemnified and that such indemnification w i l l not i n the legal costs opinion of counsel collectively the Board reduce respect for all members identified as witnesses will be indemnified with respect to that investigationlaw enforcement in Region. Notwithstandingparagraphs and Notwithstanding clause the Board may refuse payment otherwise authorized under paragraph or clause where the actions of the member from which the charges or investigation arose amounted to a gross dereliction of duty or deliberate abuse of as the member's position. Where a member of the Service. When a member is i s a defendant in i n a civil action for damages because of acts done during tour of duty in i n the attempted performance in i n good faith of duties as a the member's police duties, the member of the Service shall be indemnified for the necessary and reasonable legal costs incurred in the defence defense of such an action i n the following circumstances only: Where the Chief of Police i s not joined in the followingcircumstances only:action as a party pursuant to section the Police Act, and the Chief of Police does not defend the action on their behalf and of the member as joint at the Board's sole expense. Where the Chief of Police i s joined as a party or elects to defend the action, but the solicitor retained on behalf of the Chief of Police and the member i s 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.
Appears in 1 contract
Samples: Civilian Collective Agreement
LEGAL INDEMNIFICATION. 29:01 Subject to the other provisions of this Article, a member an employee charged with but not found guilty and finally acquitted of a criminal or statutory offence, because of acts done in the attempted performance in good faith of his/her duties as a member of the Service, shall be indemnified for the necessary and reasonable legal costs incurred by the member during the investigation of the incident that resulted in those charges being laid and for the necessary and reasonable legal costs incurred by the member in the defence of such charges. 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 indemnified for 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 completion of any grievance and arbitration process that may be initiated, disciplined in which event the member shall not be eligible for indemnification hereunder. 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 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 counsel collectively for all members identified as witnesses will be indemnified with respect to that investigation. Notwithstandingparagraphs and the Board may refuse payment otherwise authorized under paragraph or where the actions of the member from which the charges or investigation arose amounted to a gross dereliction of duty or deliberate abuse of 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 attempted performance in good faith of duties as a member of the Service an employee shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such charges. See Letter of Understanding on page 59 regarding suspensions with pay.
29:02 Notwithstanding Clause 29:01, the Board may authorize payment of necessary and reasonable legal costs of an action employee pleading or being found guilty of an offence described in Clause 29:01, where the court, instead of convicting the accused, grants him/her an absolute discharge, provided that the Board accepts the recommendation of the Chief of Police, or an officer designated by him/her to make such a recommendation, that the employee’s actions in the followingcircumstances course of performing his/her duties were motivated by an intent to do his/her lawful duty, that such actions do not constitute any of the actions described in Clause 30:03 hereof, and that such indemnification will not in the opinion of the Board reduce respect for law enforcement to the City of Ottawa.
29:03 Notwithstanding Clause 29:01, the Board may refuse payment otherwise authorized under Clause 29:01 where the actions of the employee from which the charges arose amounted to a gross dereliction of duty or deliberate abuse of his/her powers as a employee.
29:04 Where an employee is a defendant in a civil action for damages because of acts done in the attempted performance in good faith of his/her duties as an employee, he/she shall be
(a) Where the Chief of Police is not joined in the action as a party as set out in the Police Services Act, and the Chief of Police does not defend the action on behalf of himself/herself and of the employee as joint tortfeasers at the Board’s sole expense;
(b) 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 employee is of the view that it would be improper for him/her to act for both the Chief of Police and the employee in that action.
29:05 An employee whose conduct is called into question in the course of an inquiry under the Coroner’s Act because of acts done in the attempted performance in good faith of his/her duties as an employee 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 employee 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 employee 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 employee in that action.
29:06 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 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 an employee of the Association Executive designated for that purpose.
29:07 Where the Chief of Police, pursuant to Board policy, elects to provide legal counsel to defend an employee 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 employee nor the Board may rely upon the other provisions of this policy.
Appears in 1 contract
Samples: Collective Agreement
LEGAL INDEMNIFICATION. (a) Subject to the other provisions of this Article, a member members charged with but not found guilty and finally acquitted of a criminal or statutory offence, because of acts done in the attempted performance in good faith of duties their duties, as police officers whether or not they were on a member tour of duty at the Servicetime, 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. Subject .
(b) Notwithstanding clause (a), the Board may refuse payment otherwise authorized under clause (a) where the actions of officers from which charges arose amounted to the other provisions a gross dereliction of this Article, duty or deliberate abuse of their powers as police officers.
(c) Where members are defendants in a member who is not charged with a criminal or statutory offence but who has been the subject of a criminal investigation civil action for damages because of acts done in the attempted performance in good faith of their duties as a member of the Service shall indemnified for 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 completion of any grievance and arbitration process that may be initiated, disciplined in which event the member shall not be eligible for indemnification hereunder. 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 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 counsel collectively for all members identified as witnesses will be indemnified with respect to that investigation. Notwithstandingparagraphs and the Board may refuse payment otherwise authorized under paragraph or where the actions of the member from which the charges or investigation arose amounted to a gross dereliction of duty or deliberate abuse of 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 attempted performance in good faith of duties as a member of the Service police officers they shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such an action in the followingcircumstances following circumstances only:
(i) Where the Chief of Police is not joined in the action as a party pursuant to section 24(1) of the Police Services Act, and the Chief of Police does not defend the action on behalf of himself/herself and of the member as joint tortfeasers at the Board's sole expenses.
(ii) 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 to act for both the Chief of Police and the member in that action.
(d) Members whose conduct is called into question in the course of an inquiry under the Coroners Act because of acts done in the attempted performance in good faith of their duties as police officers shall be indemnified for the necessary and reasonable legal costs incurred in representing their interests in any such inquest in the following circumstances only:
(i) 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
(ii) 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 to act for both the Chief of Police or the Board and the member in that action.
(e) Where members intend to apply to the Board for indemnification hereunder, the member shall, within thirty (30) days of being charged or receiving notice of other legal proceedings covered herein, or receiving notice that they will not be represented by counsel retained by the Chief of Police and/or the Board, apply in writing, setting out the clause under which indemnification is sought and setting out the members position in relation to the attempted performance in good faith of their duties as police officers whether or not they were on a tour of duty at the time, 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.
(f) Where the Chief of Police, pursuant to Board policy, elects to provide legal counsel to defend members in any legal proceeding covered by this provision, the cost of such counsel is the Board's responsibility irrespective of the outcome of the proceedings and neither the member nor the Board may rely upon the other provisions of this policy.
(g) For greater certainty, members shall not be indemnified for legal costs arising from:
(i) grievances or complaints under the collective agreement between the Board and the Association or under the Police Services Act;
(ii) the actions or omissions of members acting in their capacity as private citizens;
(iii) subject to clause (f) discipline charges under the Police Services Act and regulations thereunder.
(h) For the purposes of this provision, members shall not be deemed to be "finally acquitted" if as a result of charges laid they are subsequently found guilty of, or pleads guilty to, other charges arising out of the same incident or incidents, but nothing in this clause will disentitle the member to consideration under clause (b) hereof.
(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 solicitor acting on behalf of the Peterborough Lakefield Police Services Board and, in the case of dispute between the solicitor doing the work and the Board’s solicitor, then the amount fixed by the assessment officer following an assessment of the account rendered by the solicitor performing the work under the Solicitors Act, R.S.O. 1990, c.S.15 as amended.
(j) Members who become a subject officer in a Special Investigations Unit investigation are entitled to, up to five thousand dollars ($5,000.00) for the purposes of legal indemnification. Where the status of a member is in doubt, the Member may nonetheless apply to the Chief for indemnification up to the amount noted above. Where such an application is made, the Chief’s discretion in the matter shall be final and not subject to review through any process. Notwithstanding the above, where a Member received indemnification, and is subsequently found guilty of a criminal offence, all monies provided under this clause may be recovered by the Police Services Board.
(k) Members who become a respondent officer in an Office of the Independent Police Review Director (OIPRD) ordered hearing may request reimbursement for up to five thousand ($5,000) dollars for the purposes of legal indemnification. Where such application is made, the Chief’s discretion in the matter shall be final and not subject to review through any process. Notwithstanding the above, where a member is found guilty of a Police Services Act charge, no such reimbursement shall be provided.
ARTICLE 20.1 Within six (6) months of the ratification of this Agreement, the Board agrees to meet with the Association to discuss the Service’s present document retention policies and practices with a view to addressing the concerns arising out of X. x. XxXxxx, 2009 SCC 3.
Appears in 1 contract
Samples: Collective Bargaining Agreement
LEGAL INDEMNIFICATION. Subject to the other provisions of this Article, 23.01 If a member is charged with but an offence under the Criminal Code of Canada or any statute of the Province of Ontario, excluding the Police Services Act, arising out of their execution of their police duties, if at the conclusion of all proceedings the member is found not found guilty of such offences or a criminal reduced charge or statutory offenceif the charge is dismissed or withdrawn, because of acts done in the attempted performance in good faith of duties as a member of the Service, shall be indemnified reimbursed for the necessary and reasonable legal costs a taxed solicitor=s account 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. 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 indemnified for necessary and reasonable legal costs incurred by the member during that investigation unless, arising from or as a result of such investigationcharges. Approval for retaining legal counsel must first be obtained from the Board through the Chief of Police.
23.02 If a civil action is brought against a member arising out of their execution of their police duties, the member is, after completion of any grievance and arbitration process that may shall be initiated, disciplined in which event the member shall not be eligible reimbursed for indemnification hereunder. Paragraph hereof also applies to members who, although not the subject of a criminal investigation, have taxed solicitor=s account incurred legal costs during the initial, on-site investigation by It is understood that the legal costs of one counsel for each member identified as a subject member will be indemnified and result of such action, provided that such action resulted from the legal costs of counsel collectively for all members identified as witnesses will be indemnified with respect to that investigation. Notwithstandingparagraphs and the Board may refuse payment otherwise authorized under paragraph performance or where the actions attempted performance of the member from which the charges or investigation arose amounted to member=s duties and was not a gross dereliction of duty or deliberate abuse duty. Approval for retaining legal counsel must first be obtained from the Board through the Chief of as a member Police. This clause shall not apply to civil action which is covered under any insurance policy held by The Corporation of the Service. When a Town of Smiths Falls and for which the insurer provides legal representation for the member.
23.03 Upon payment of such legal costs, The Corporation of the Town of Smiths Falls shall be subrogated to any right of recovery which the member is a defendant in a civil may have arising out of any such proceeding including any right of action for damages because for malicious prosecution and any right to recover costs from any other party and The Corporation of acts done during tour the Town of duty Smiths Falls may in the attempted performance in good faith of duties as a member member=s name and on his behalf but at the expense of the Service Town take action against any such person and may compromise any such action as it sees fit. The member shall be indemnified for receive any damages awarded to the necessary and reasonable legal member exclusive of costs incurred in by The Corporation of the defence Town of such an action in Smiths Falls incurred on the followingcircumstances only:member=s behalf.
Appears in 1 contract
Samples: Police Civilian Agreement
LEGAL INDEMNIFICATION. 25.1 The Board shall, in accordance with this ARTICLE 25, indemnify a member of the Police Services for the necessary and reasonable costs incurred,
(a) in the defence of a civil action, if the member is not found liable;
(b) in the defence of a criminal prosecution, if the member is found not guilty;
(c) in respect to any other proceedings in which the member’s manner of execution of the duties of his/her employment was an issue, if the member is found to have acted in good faith.
25.2 Subject to the other provisions of this ArticleARTICLE 25, a member charged with but not found guilty and finally acquitted of a criminal or statutory offence, offence because of acts done in the attempted performance in good faith of his/her duties as a member of the ServicePolice 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. Subject to the other provisions of this ArticleHowever, 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 indemnified for necessary and reasonable legal costs incurred by the member during that investigation unlessnotwithstanding ARTICLE 25.1, arising from or as a result of such investigation, the member is, after completion of any grievance and arbitration process that may be initiated, disciplined in which event the member shall not be eligible for indemnification hereunder. 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 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 counsel collectively for all members identified as witnesses will be indemnified with respect to that investigation. Notwithstandingparagraphs and the Board may refuse payment otherwise authorized under paragraph or ARTICLE 25.1 where the actions of the member manner from which the charges or investigation arose amounted to a gross dereliction of duty or deliberate abuse of his/her power as a member of the Service. When Police Officer.
25.3 Where a member is a defendant in a civil action for damages because of acts done during tour of duty in the attempted performance in good faith of his/her duties as a member Police Officer, he/she shall be indemnified for the necessary and reasonable costs incurred in the defence of such an action in the following circumstances only:
(a) where the Board and/or Chief of Police is not joined in the action as party pursuant to the Police Services Act, R. S. O. 1990, and the Board does not defend the action on behalf of the Service Board and/or Chief of Police and the member as joint tort feasor at the Board’s sole expense or,
(b) where the Board and/or Chief of Police and the member is joined as a party or elects to defend the actions, but the solicitor retained by the Board is of the opinion that it would be improper to act for any of the parties in that action.
25.4 A member whose conduct is called in to question in the course of an inquiry under the Coroner’s Act because of acts done in the attempted performance in good faith for his/her duties as a Police Officer shall be indemnified for the necessary and reasonable legal costs incurred in the defence of representing his/her interest in any such an action inquest in the followingcircumstances following circumstances only:
(a) where 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 Board to represent the Board and/or the Chief of Police along with the member is of the opinion that it would be improper for him/her to act for both the Board or the Chief of Police and the member in that action.
25.5 Where a member intends to apply to the Board for indemnification as provided for in ARTICLE 25, the member shall, within thirty (30) calendar days of being charged or receiving notice of other legal proceedings covered herein, or receiving notice that he/she will not be represented by counsel retained by the Board, apply in writing to the Board for approval to retain counsel and approval of the counsel to be retained. Such approval shall not be unreasonably denied. Counsel retained by the member must carry on a practice with a 150 kilometer range of the Town of Saugeen Shores as determined by the kilometric distance as set out in an official Ontario road map. With the approval of the Board the 150 kilometric distance may be extended. In an emergency, for the purpose of immediate consultation and where the Board is unavailable, counsel may be retained from outside the 150 kilometer range.
25.6 For greater certainty, members shall not be indemnified for legal costs arising from:
(a) grievances or complaints under the Collective Agreements between the Board and Associations or under the Police Services Act, R.S.O., 1990,
(b) the actions or omissions of members acting in their capacity as private citizens;
(c) discipline charges, under the Police Services Act, R.S.O. 1990, and regulations thereunder.
25.7 For the purpose of this ARTICLE 25, a member shall not be deemed to be “finally acquitted” if, as a result of charges laid, he/she is subsequently found guilty, or pleads guilty, to other charges arising out of the same incident or incidents.
25.8 For the purpose of the legal indemnification under this agreement “necessary and reasonable legal costs” shall be based on the account rendered by the counsel performing the work. The account shall be subject initially to the approval of the Board’s solicitor and, in the case of a dispute between the counsel rendering the account shall be paid after it has been assessed on a solicitor client basis by an assessment officer of the Ontario Court of Justice (General Division).
25.9 For the purpose of legal indemnification under the Agreement, the necessary and reasonable costs incurred by the member shall be deemed to have been incurred by the member, notwithstanding that the member may have received financial assistance in respects thereof from the Association.
25.10 The Board shall provide funds to a member who is eligible for legal indemnification under this Agreement for a retainer and for interim payment of the legal costs as reasonable requested by the member’s counsel, upon application by the member,, which application may be made on the following basis:
(a) where it appears that the member is entitled to indemnification of the costs of legal counsel arising under this Agreement,
(b) where the funds applied for do not exceed the greater of two thousand dollars ($2,000.00) or 50% of reasonable legal costs, which, in the event of dispute, shall be determined by the Board’s solicitor. If the interim legal costs increase over time, the member may apply for additional funds in accordance with the terms of this ARTICLE 25.10 and
(c) the member shall undertake to indemnify the Board for any funds advanced under this ARTICLE 25.10, if the member is not entitled to indemnification in accordance with this Agreement.
Appears in 1 contract
Samples: Collective Agreement
LEGAL INDEMNIFICATION. 34.1 Subject to the other provisions of this Article, a member charged with but not found guilty and finally acquitted of a criminal or statutory offence, because of acts done while on duty in the attempted performance in good faith of his/her duties as a Civilian 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. 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 indemnified for provided that such 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 completion of any grievance and arbitration process that may be initiated, disciplined in which event the member shall not be eligible for indemnification hereunderexceed $275.00 per hour effective August 8, 2013, increasing to $325.00 per hour effective April 11, 2017, and increasing to $350.00 effective January 1, 2018. Paragraph hereof also applies to members who, although not the subject In respect of a criminal investigationlawyer performing the work, have incurred or $90.00 per hour in the event that a para- legal costs during is performing the initialwork.
34.2 Notwithstanding clause 34.1, on-site investigation by 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 counsel collectively for all members identified as witnesses will be indemnified with respect to that investigation. Notwithstandingparagraphs and the Board may refuse payment otherwise authorized under paragraph or clause 34.1 where the actions of the Civilian member from which the charges or investigation arose amounted mounted to a gross dereliction of duty or deliberate abuse of his/her powers as a Civilian member of the Service. When .
34.3 Where a member is a defendant in a civil action for damages because of acts done during tour of duty in the attempted performance in good faith of his/her duties as a member of the Service (which for the purposes of this article include Human Rights Tribunal Applications), and the action is not defended by the insurance carrier of the Regional Municipality of Niagara or otherwise, he/she shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such an action in the followingcircumstances following circumstances only:
34.3.1 Where the Chief of Police is not joined in the action as a party pursuant to Section 50 of The Police Services Act, or the Chief of Police does not defend the action on behalf of himself/herself and of the member as joint tort-feasors at the Board's sole expense;
34.3.2 Where the Chief of Police is joined as a party and the Board elects to defend the action, but the solicitor retained on behalf of the Board is of the view that it would be improper for him/her to act for both the Chief of Police and the member in that action. The Board shall decide if additional counsel shall be retained with respect to the indemnification provisions of this Article.
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 inquiry initiated under Section 25 or Section 26 of The Police Services Act, or whose conduct is called into question as a result of a citizen's complaint or in the course of an inquiry under the Coroner's Act, the Public Inquiries Act or a Royal Commission, because of acts done in the attempted performance in good faith of a member's duties as a Civilian member of the Service, shall be indemnified by the Niagara Police Board for the necessary and reasonable legal costs incurred in representing his/her interests in such an inquiry on the following conditions:
34.4.1 In a case where one or more than one member of the Association is subpoenaed or requested to appear and the Board does not retain counsel pursuant to section 34.4.3, there shall be only one counsel representing the members of the Association who shall be retained by the Association except in the course of an inquiry under the Coroner’s Act where the Police Services Board will be represented by the Board appointed lawyer and the members of the Association shall be represented by an Association appointed lawyer, and;
34.4.2 In inquires where the counsel representing the members of the Association pursuant to section 34.4.1 is of the opinion that it would be improper for him/her to act for multiple members of the Association, he/she shall notify the Board forthwith of such concerns and the Board shall consider the advice of the solicitor and decide, acting reasonably, whether to provide indemnification to the Association for the costs to retain additional counsel, and;
34.4.3 In cases other than in the course of an inquiry under the Coroner’s Act, where the Board has retained counsel in such proceedings to provide advice to, and represent, any member or members of the Association who are requested to appear, or who are subpoenaed, or whose conduct is called into question for the reasons set out in 34.4, such solicitor will provide such legal services to members of the Association unless the Board’s solicitor determines that a conflict of interest exists. If such conflict exists, the solicitor will notify the Board and the Association forthwith of such concerns and the Board shall consider the advice of their solicitor and decide, acting reasonably, whether to provide indemnification to the Association for the costs to retain additional counsel as may be necessary. In such case, the provisions of 34.4.1 and 34.4.2 shall apply.
34.4.4 A member or members of the Service shall not be indemnified unless they are found not guilty of misconduct in the criminal or statutory offence proceeding for which legal indemnification is sought.
34.4.5 A member or members of the Service shall not be indemnified for such legal costs if such indemnification, in the opinion of the Board, would reduce respect for law enforcement in the Regional Municipality of Niagara.
34.5 In the event that a member intends to apply to the Board for indemnification pursuant to the provisions of this Article, the following shall apply:
34.5.1 The member shall, within thirty (30) days of being charged or of receiving notice of other legal proceedings provided for in this article, apply in writing to the Chief of Police or his designee for approval to retain counsel or a paralegal and for the approval of the counsel or paralegal to be so retained.
34.5.2 In the event of any dispute concerning the counsel or paralegal to be retained, the matter shall be resolved by an officer designated by the Chief of Police and a member of the Association Executive designated for that purpose.
34.5.3 The application of the member for indemnification shall include:
i. a fee schedule provided by the lawyer or paralegal setting out his or her hourly rate, and confirming that the fees will be charged at the lesser of the lawyer or paralegal’s normal hourly rate, or the applicable fees set out in section 34.1 above;
ii. an estimate, where practicable, of the total charges that will be incurred in the matter, and
iii. the lawyer or xxxxxxxxx's undertaking to submit monthly statements to the Board showing the time spent and the charges incurred on the file during the month. If the application is approved, the Board reserves the right to refuse payment of the lawyer or paralegal’s account if the counsel or paralegal fails to submit monthly statements in accordance with subparagraph (iii) above, provided that it has given 30 days written notice of its intention to do so to the lawyer or paralegal, with a copy to the Association, and the lawyer or paralegal has not remedied the situation prior to the expiry of the 30 days.
34.5.4 The Board has the right to negotiate fees with the lawyer or paralegal to be retained, and the affected member has the right to be present during the fee negotiations.
34.5.5 There shall be a cap on the legal fees in the amounts referenced in section 34.1 above. In addition, a lawyer may charge for travel time at the rate of $130.00 per hour to a maximum of four (4) hours per day.
34.6 For greater certainty, members shall not be indemnified for legal costs arising from:
34.6.1 Grievances or complaints under the Collective Agreement between the Board and the Association or under The Police Services Act;
34.6.2 The actions or omissions of members acting in their capacity as private citizens;
34.7 For the purpose of this provision, a member shall not be deemed to be "finally acquitted" if, as a result of charges laid, he/she is subsequently found guilty of, or pleads guilty to other charges arising out of the same incident or incidents.
34.8 For the purpose of this provision, "necessary and reasonable legal costs" shall be based on the account rendered by the solicitor or paralegal performing the work, subject to taxation by an assessment officer of the Supreme Court of Ontario. If the General Counsel for the Association attends at a S.I.U. call outside normal business hours in circumstances where outside counsel is unavailable or there is a conflict that requires more than one counsel, the Association will be reimbursed at the rate of $150.00 per hour.
34.9 In the case of aggravated assault, assault causing bodily harm or the included offence of ordinary assault, the indemnification referred to in clause 34.1 shall be limited to only those fees that would have reasonably been incurred if the matter was tried in Provincial Court unless the member first obtains permission to elect to be tried by any other court. To obtain the said approval of the Board, the member shall make an application in writing to the Chief of Police and the decision shall be at the discretion of the Niagara Regional Police Services Board.
34.10 Subject to other provisions of this Article, a member who is the Subject Officer in a Special Investigations Unit (S.I.U.) investigation may make application for legal indemnification subject to and upon the receipt of a final determination or recommendation by S.I.U. that criminal charges or other punitive actions will not be initiated or pursued.
34.11 A member who is required as a witness by the Special Investigations Unit (S.I.U.) in the course of an investigation into the conduct of another member shall be indemnified for 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 associated costs, including but not limited to, hotel, meals and airfare, which result from any criminal, statutory or civil matters arising out of the member's deployment outside of the Region and/or to another Police Service or agency if the member is entitled to legal indemnification under this Agreement in relation to the same matters.
Appears in 1 contract
Samples: Collective Agreement
LEGAL INDEMNIFICATION. (a) Subject to the other provisions of this Article, a member members charged with but not found guilty and finally acquitted of a criminal or statutory offence, because of acts done in the attempted performance in good faith of duties their duties, as police officers whether or not they were on a member tour of duty at the Servicetime, 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. Subject .
(b) Notwithstanding clause (a), the Board may refuse payment otherwise authorized under clause (a) where the actions of officers from which charges arose amounted to a gross dereliction of duty or deliberate abuse of their powers as police officers.
(c) Consistent with Section 50(2)(a) of the other provisions of this ArticlePolice Services Act, where members are defendants in a member who is not charged with a criminal or statutory offence but who has been the subject of a criminal investigation civil action for damages because of acts done in the attempted performance in good faith of their duties as a member of the Service shall indemnified for 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 completion of any grievance and arbitration process that may be initiated, disciplined in which event the member shall not be eligible for indemnification hereunder. 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 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 counsel collectively for all members identified as witnesses will be indemnified with respect to that investigation. Notwithstandingparagraphs and the Board may refuse payment otherwise authorized under paragraph or where the actions of the member from which the charges or investigation arose amounted to a gross dereliction of duty or deliberate abuse of 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 attempted performance in good faith of duties as a member of the Service police officers they shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such an action in the followingcircumstances following circumstances only:
(i) Where the Board is not joined as a party to the action, and the Board does not defend the action on behalf of itself or,
(ii) The Board is joined as a party or it elects to defend on behalf of itself and the member, but the solicitor retained by the Board to act on behalf of it and the member, is of the opinion that it would not be prudent to act for both the Board and the member.
(d) Members whose conduct is called into question in the course of an inquiry under the Coroners Act because of acts done in the attempted performance in good faith of their duties as police officers shall be indemnified for the necessary and reasonable legal costs incurred in representing their interests in any such inquest in the following circumstances only:
(i) 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
(ii) 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 to act for both the Chief of Police or the Board and the member in that action.
(e) Where members intend to apply to the Board for indemnification hereunder, the member shall, within thirty (30) days of being charged or receiving notice of other legal proceedings covered herein, or receiving notice that they will not be represented by counsel retained by the Chief of Police and/or the Board, apply in writing, setting out the clause under which indemnification is sought and setting out the members position in relation to the attempted performance in good faith of their duties as police officers whether or not they were on a tour of duty at the time, 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.
(f) Where the Chief of Police, pursuant to Board policy, elects to provide legal counsel to defend members in any legal proceeding covered by this provision, the cost of such counsel is the Board's responsibility irrespective of the outcome of the proceedings and neither the member nor the Board may rely upon the other provisions of this policy.
(g) For greater certainty, members shall not be indemnified for legal costs arising from:
(i) grievances or complaints under the collective agreement between the Board and the Association or under the Police Services Act;
(ii) the actions or omissions of members acting in their capacity as private citizens;
(iii) subject to clause (f) discipline charges under the Police Services Act and regulations thereunder.
(h) For the purposes of this provision, members shall not be deemed to be "finally acquitted" if as a result of charges laid they are subsequently found guilty of, or pleads guilty to, other charges arising out of the same incident or incidents, but nothing in this clause will disentitle the member to consideration under clause (b) hereof.
(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 solicitor acting on behalf of the Peterborough Police Services Board and, in the case of dispute between the solicitor doing the work and the Board’s solicitor, then the amount fixed by the assessment officer following an assessment of the account rendered by the solicitor performing the work under the Solicitors Act, R.S.O. 1990, c.S.15 as amended.
(j) Members who become a subject officer in a Special Investigations Unit investigation are entitled to, up to five thousand dollars ($5,000.00) for the purposes of necessary and reasonable legal costs as set out in article 20 (i). Notwithstanding the above, where a Member received indemnification, and is subsequently found guilty of a criminal offence, all monies provided under this clause may be recovered by the Police Services Board.
(k) Members who become a respondent officer in an Office of the Independent Police Review Director (OIPRD) ordered hearing may request reimbursement for up to five thousand ($5,000) dollars for the purposes of necessary and reasonable legal costs as set out in article 20 (i). Notwithstanding the above, where a member is found guilty of a Police Services Act charge, no such reimbursement shall be provided.
ARTICLE 20.1 Within six (6) months of the ratification of this Agreement, the Board agrees to meet with the Association to discuss the Service’s present document retention policies and practices with a view to addressing the concerns arising out of X. x. XxXxxx, 2009 SCC 3.
Appears in 1 contract
Samples: Collective Bargaining Agreement
LEGAL INDEMNIFICATION. 24.01 Subject to the other provisions of this Article, a member charged with but not found guilty and finally acquitted of a criminal or statutory offence, because of acts done in the attempted performance performance, in good faith faith, of their duties, shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such charges.
24.02 Notwithstanding clause 24.01, the Board may authorize payment of necessary and reasonable legal costs of a member pleading or being found guilty of an offence described in clause 24.01 where the court, instead of convicting the accused, grants the member an absolute discharge, provided that the Board accepts the recommendation of the Chief of Police or designee to make such a recommendation, that the member's actions in the course of performing their duties were motivated by an intent to do their lawful duty, that such actions do not constitute any of the actions described in clause 24.04 hereof, and that such indemnification will not in the opinion of the Board reduce respect for law enforcement in the City of Xxxx Sound.
24.03 Members retiring after January 1, 2009 who are charged with and finally acquitted of a criminal or statutory offence because of acts done in the attempted performance, in good faith, of their duties as a member of with the Xxxx Sound Police 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. Subject to the other provisions of this Article.
24.04 Notwithstanding clause 24.01, 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 indemnified for 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 completion of any grievance and arbitration process that may be initiated, disciplined in which event the member shall not be eligible for indemnification hereunder. 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 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 counsel collectively for all members identified as witnesses will be indemnified with respect to that investigation. Notwithstandingparagraphs and the Board may refuse payment otherwise authorized under paragraph or clause 24.01 where the actions of the member officer from which the charges or investigation arose amounted to a gross dereliction of duty or deliberate abuse of their powers as a member of the Service. When police officer.
24.05 Where a member is a defendant in a civil action for damages because of acts done during tour of duty in the attempted performance in good faith of duties as a member of the Service their duties, they shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such an action in the followingcircumstances following circumstances only:
(i) Where the Chief of Police and/or the Xxxx Sound Police Services Board is not joined in the action as a party pursuant to the Police Services Act, and the Chief of Police and/or the Xxxx Sound Police Services Board does not defend the action on behalf of himself/herself and/or themselves and of the member as joint tortfeasors at the Board's sole expense; or
(ii) 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 this member is of the view that it would be improper for them to act for both the Chief of Police and the member in that action.
24.06 A member 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 their duties as a police officer shall be indemnified for the necessary and reasonable legal costs incurred in representing their interests in any such inquest in the following circumstances only:
(i) 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
(ii) 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 them to act for both the Chief of Police or the Board and the member in that action.
24.07 Where a member intends to apply to the Board for indemnification hereunder, the member shall, within thirty (30) days of being charged or receiving notice of other legal proceedings covered herein, or receiving notice that they will not be represented by counsel retained by the Chief of Police and/or the Board, apply in writing to the Chief of Police or to the officer designated by the Chief of Police to deal with such applications for approval to retain counsel and approval of the counsel to be so retained. In the event of any dispute concerning the counsel to be retained, the matter shall be resolved by an officer designated by the Chief and a member of the Association Executive designated for that purpose. If these two people are unable to agree on the counsel to be retained, they will refer the matter either to a third-party chosen by them, or to an arbitrator selected by the Ontario Police Arbitration Commission.
24.08 Where the Chief of Police, pursuant to Board policy, elects to provide legal counsel to defend a member in any legal proceeding covered by this Article, the cost of such counsel is the Board's responsibility irrespective of the outcome of the proceedings and neither the member nor the Board may rely upon the other Articles of this Agreement.
24.09 For greater certainty, members shall not be indemnified for legal cost arising from:
(i) grievances or complaints under the Collective Agreement between the Board and the Association or under the Police Services Act;
(ii) the actions or omissions of members acting in their capacity as private citizens; or
(iii) discipline charges under the Police Services Act and Regulations thereunder.
24.10 Members of the Service who are deemed to be subject officers in an investigation being conducted by the Special Investigations Unit (S.I.U.) shall be entitled to legal counsel from the outset of such designation by the S.I.U. for the length of such investigation. In cases where a member is charged with a criminal offence clauses 24.01 and 24.02 of this Article will be in effect. Where a member is deemed to be a witness officer in an investigation being conducted by the S.I.U. they shall be entitled to legal counsel paid by the Board to a maximum of four hours to seek advice and/or legal representation at any subsequent interviews. Nothing in this clause shall negate a member's duty as per the Police Services Act with regard to the S.I.U.'s mandate.
24.11 The Board agrees to indemnify the Xxxx Sound Police Association for reasonable legal costs incurred on behalf of the members who are required to attend and give evidence at a Public Inquiry constituted under the provisions of the Police Services Act, the Public Inquiries Act or otherwise, provided that the Association is not the focus of the inquiry.
24.12 The Board retains the right at its sole discretion to provide legal counsel to any member at its expense in any other situation where the Board deems it to be in their interest to have member(s) represented.
Appears in 1 contract
Samples: Collective Bargaining Agreement
LEGAL INDEMNIFICATION.
29-01 Subject to the other provisions of this Article, a member charged with but not found guilty of a any criminal or statutory offence, because of acts done in the an attempted performance in good faith of his/her duties as a member of the Servicepeace officer/special constable, 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. Subject to (revised 2006)
29-02 Notwithstanding clause 29-01, the other provisions Board may authorize payment 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 indemnified for necessary and reasonable legal costs incurred of a member pleading or being found guilty of an offence described in clause 29-01, where the court, instead of convicting the accused, grants him/her absolute discharge, provided that the Board accepts the recommendation of the Chief of Police, or an officer designated by him/her to make such a recommendation, that the member during that investigation unless, arising from or member’s actions as a result peace officer/special constable in the course of performing his/her duties were motivated by an intent to do his/her lawful duty, that such investigationactions do not constitute any of the actions described in clause 29-01 hereof, the member is, after completion of any grievance and arbitration process that may be initiated, disciplined in which event the member shall not be eligible for indemnification hereunder. 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 understood that the legal costs of one counsel for each member identified as a subject member will be indemnified and that such indemnification will not, in the legal costs opinion of counsel collectively the Board, reduce respect for all members identified as witnesses will be indemnified with respect to that investigation. Notwithstandingparagraphs and law enforcement in the City of Windsor.
29-03 Notwithstanding clause 29-01, the Board may refuse payment otherwise authorized under paragraph or clause 29-01 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. When peace officer/special constable.
29-04 Where a member is a defendant in a civil action for damages because of acts done during tour of duty in the an attempted performance in good faith of his/her duties as a member of the Service peace officer/special constable, he/she shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such an action in the followingcircumstances following circumstances only:
a) Where the Board is not joined in the action as a party pursuant to Section 50 (1) of the Police Services Act, and the Board does not defend the action on behalf of itself and of the member as joint tortfeasers at the Board’s sole expense;
b) Where the Board and/or Chief of Police is joined as a party or elects to defend the action, but the solicitor retained on behalf of the Board and/or Chief of Police and the member is of the view that it would be improper for him/her to act for both the Board and/or Chief of Police and the member in that action.
29-05 A member whose conduct is called into question in the course of an inquiry under the Coroner’s Act because of actions done in the attempted performance in good faith of his/her duties as peace officer/special constable, he/she shall be indemnified for the necessary and reasonable legal costs incurred in representing his/her interest in any such inquest in the following circumstances only:
a) Where the Chief of Police and/or the Board does not provide counsel to represent the member at the inquest at the Board’s expense; or,
b) Where the counsel provided by the Chief of Police or the Board to represent either or both of them along with the member is of the opinion that it would be improper for him/her to act for both the Chief of Police or the Board and the member in that action.
29-06 Where a member is the subject of a hearing before the Ontario Civilian Commission on Police Services as a result of a hearing held pursuant to section 70 (1) (2) (3) or (4) of the Police Services Act R.S.O. 1990 and the decision of the Commission is the misconduct was not proved, the member shall be indemnified for any necessary and reasonable legal costs arising directly from the defence of the complaint being heard by the Commission. (revised 1999)
29-07 Members shall be indemnified for the legal costs incurred in relation to Special Investigations Unit investigations subject to the conditions set out below:
a) This provision shall apply to all members who are or appear to be considered subject officers in relation to the S.I.U. investigation.
b) Where more than one member appears to be or is deemed to be the subject officer in relation to the same incident, one counsel shall represent each member so involved. Witness officers shall not use same counsel as subject officers. (Revised 2013 Xxxxxx Arbitration)
c) In the event that members of the S.I.U. intend to interview members, the President of the Association and the Chief of Police, or their designates, shall be notified and they shall make any determination required in respect to the number of counsel as outlined in sub-section (b).
d) The member or members shall be indemnified for all legal costs incurred until the member is finally cleared of any wrongdoing or until such time as the member(s) is charged with a criminal or statutory offence at which time Section 32 and the provisions therein outlined will apply. (new and renumbered 1999)
29-08 Where a member intends to apply to the Board for indemnification hereunder, the member shall, within thirty (30) days of being charged or receiving notice of other legal proceedings covered herein, or receiving notice that he/she will not 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. The term counsel herein shall be restricted to counsel whose practice is located in the County of Essex. (renumbered 1999)
29-09 Where the Chief of Police, pursuant to Board policy, elects to provide legal counsel to defend a member in any legal proceeding covered by 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. This subsection shall not be deemed to apply to criminal prosecutions. (renumbered 1999) 1. grievance or complaints under the collective agreement between the Board and the Association or under the Police Services Act;
Appears in 1 contract
Samples: Collective Agreement
LEGAL INDEMNIFICATION. Subject (1) Where the Member intends to apply to the Board for indemnification under the following provisions, the Member shall, within thirty (30) days of being charged or receiving notice of other provisions legal proceedings covered herein, or upon receiving notice that he/she will not be represented by counsel retained by the Board, apply in writing to the Board for the approval to retain counsel and approval of this Articlethe counsel to be so retained. In the event of any dispute concerning the counsel to be retained, the matter shall be fully and finally resolved by the City Solicitor.
(2) Provided that the Member is engaged in the good faith performance of his/her duties, the Member shall be indemnified for his/her necessary and reasonable legal costs and expenses in defending against any charges or other legal proceedings arising out of the performance of his/her duties as a member charged with but not Member of the Woodstock Police Service, except if found guilty of a criminal offence or statutory offence, because of acts done in .
(3) Where the attempted performance in good faith of 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. 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 indemnified for 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 completion of any grievance and arbitration process that may be initiated, disciplined in which event the member shall not be eligible for indemnification hereunder. 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 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 counsel collectively for all members identified as witnesses will be indemnified with respect to that investigation. Notwithstandingparagraphs and the Board may refuse payment otherwise authorized under paragraph or where the actions of the member from which the charges or investigation arose amounted to a gross dereliction of duty or deliberate abuse of as a member of the Service. When a member Member is a defendant in a civil action for damages because of acts done during tour of duty in the attempted performance in good faith of his/her duties as a member of the Service Member, he/she shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such an action in the followingcircumstances following circumstances only:
(a) Where the Board is not joined in the action as a party pursuant to section 50(1) of the Police Services Act and does not defend the action on behalf of the Member as joint tortfeasors at the Board's sole expense; or
(b) Where the Board is joined as a party or elects to defend the action, but the solicitor retained on behalf of the Board and the Member is of the view that it would be improper for him/her to act for both the Member and the Board in that action.
(4) Where the Member’s conduct is called into question in the course of an inquiry under the Coroners Act because of acts done in the performance in good faith of his/her duties as a Member, he/she 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 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 Board to represent the Member and the Board is of the opinion that it would be improper for him/her to act for the Board in that action.
(5) For greater certainty, the Members shall not be indemnified for legal costs arising from:
(a) complaints under the Police Service Act,
(b) actions or omissions of acting in the Member’s capacity as a private citizen or in the course of, or following, attendance at social or ceremonial functions relating to or arising out of his/her capacity as a Member of the Senior Officers’ Association
(c) discipline charges under the Police Services Act and the Regulations there under, except if the Member is found not guilty; or
(d) any disputes arising from the interpretation, application, termination or renewal of this agreement.
(6) For the purpose of determining eligibility for legal indemnification the Member shall be deemed to have been "not found guilty" where he/she is finally acquitted, where the charges are withdrawn or where he/she is discharged following a preliminary inquiry. The Member shall be deemed to have been "found guilty" where he/she is given an absolute or conditional discharge or where, if as a result of charges laid he/she is subsequently found guilty of, or pleads guilty to, other charges arising out of the same incident or incidents.
(7) The assessment of "necessary and reasonable legal costs" shall be based on the account rendered by the solicitor performing the work, subject initially to the approval of the solicitor for the Board and, in the case of dispute between the solicitor doing the work and such Board solicitor, upon a substantial indemnity scale assessed pursuant to a Notice of Appointment for such assessment.
(8) Notwithstanding the foregoing, the Board may refuse payment otherwise authorized under this provision where the actions of the Member from which the claims, charges or investigation arose amounted to a gross dereliction of duty or constitute a deliberate abuse of his/her powers as a Member of the Senior Officers’ Association.
(9) For the purposes of this Article, civil or other proceedings referred to in this Agreement shall include those actions commenced after the Members’ resignation or retirement. which refer to acts or omissions of the Member that commenced prior to that date.
(10) Should the S.I.U. investigate the Member of the Woodstock Police Service, the Board will cover the legal costs incurred for any on duty actions resulting in the investigation.
Appears in 1 contract
Samples: Collective Bargaining Agreement
LEGAL INDEMNIFICATION. 24.01 Subject to the other provisions of this ArticleArticle and in accordance with the Police Services Act, a member charged with but not found guilty and finally acquitted of a criminal or statutory offence, because of acts done in the attempted performance in good faith of duties as a member of the Servicemembers duties, shall be indemnified for the necessary and reasonable legal costs incurred by in the member during defence of such charge.
24.02 Notwithstanding Clause 24.01, the investigation of the incident that resulted in those charges being laid and for the Board may authorize payment necessary and reasonable legal costs incurred 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 member Chief of Police to make such a recommendation, that the member's actions in the defence course of performing his or her duties were motivated by an intent to do lawful duty, that such charges. Subject actions do not constitute any of the actions described in Clause 24.03 hereof, and that such indemnification will not in the opinion of the Board reduce respect for law enforcement in Halton Region.
24.03 Notwithstanding clause 24.01, the Board may refuse payment otherwise authorized under clause 24.01 where the actions of the member from which the charges arose amounted to a gross dereliction of duty or deliberate abuse of the other provisions of this Article, member's position.
24.04 Where a member who is not charged with a criminal or statutory offence but who has been defendant in a civil action for the subject of a criminal investigation damages because of acts done in the attempted performance in good faith of duties as a member of the Service shall indemnified for necessary and reasonable legal costs incurred by the member during that investigation unless, arising from or as a result of such investigationmember's duties, the member is, after completion of any grievance and arbitration process that may be initiated, disciplined in which event the member shall not be eligible for indemnification hereunder. 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 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 counsel collectively for all members identified as witnesses will be indemnified with respect to that investigation. Notwithstandingparagraphs and the Board may refuse payment otherwise authorized under paragraph or where the actions of the member from which the charges or investigation arose amounted to a gross dereliction of duty or deliberate abuse of 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 attempted performance in good faith of duties 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 followingcircumstances 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.
(b) 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.
24.05 A member whose conduct is called into question in the course of an inquiry under the Coroners Act because of acts done in the attempted performance in good faith of the member's duties shall be indemnified for the necessary and reasonable legal costs incurred in representing the member's interests in any such inquest in the following circumstances only:
(a) Where the Chief of Police and/or the Board does not provide counsel to represent the member at the inquest at the Board's expense; OR:
(b) Where the counsel provided by the Chief of Police or the Board to represent either or both of them along with the member is of the opinion that it would be improper for the counsel to act for both the Chief of Police or the Board and the member in that action.
24.06 A member who is a police officer 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.
24.07 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.
24.08 Where the Chief of Police, pursuant to Board policy, elects to provide legal counsel to defend a member in any legal proceeding covered by this 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.
24.09 For greater certainty, members shall not be indemnified 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; and
(b) the actions or omissions of members acting in their capacity as private citizens.
24.10 For the purposes of this provision, a member shall not be deemed to be "finally acquitted" if as a result of charges laid the member is subsequently found guilty or, pleads guilty to, other charges arising out of the same incident or incidents, but nothing in this clause will disentitle the member to consideration under clause 24.02 hereof.
24.11 For the purposes of this provision, "necessary and reasonable legal costs" shall be based on the account rendered by the solicitor performing the work, subject initially to the approval of the Regional Solicitor and, in the case of dispute between the solicitor doing the work and the Regional Solicitor, Assessment on a solicitor and client basis by the Assessment Officer.
(a) Subject to the other provisions in this Article, when an investigation is commenced 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 to respond to inquiries from SIU Investigators, the Chief of Police may grant the member permission to retain legal counsel to provide the member with legal advice and representation at the expense of the Board on such terms as the Chief 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 is practical, the Chief of Police shall bring his actions under this Article to the attention of the Board for its information.
Appears in 1 contract
Samples: Collective Agreement
LEGAL INDEMNIFICATION. 27.01 Subject to the other provisions of this Articlearticle, a member charged with but not found guilty and finally acquitted of a criminal or statutory offenceoffense, because of acts done in the attempted performance in good faith of his duties as a member of the Service, 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 defense of such charges. Subject to the other provisions of this Article.
27.02 Notwithstanding article 27.01, 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 indemnified for 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 completion of any grievance and arbitration process that may be initiated, disciplined in which event the member shall not be eligible for indemnification hereunder. 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 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 counsel collectively for all members identified as witnesses will be indemnified with respect to that investigation. Notwithstandingparagraphs and the Board may refuse payment otherwise authorized under paragraph or article 27.01 where the actions of the member officer from which the charges or investigation arose amounted to a gross dereliction of duty or deliberate abuse of his powers as a member of the Service. When police officer.
27.03 Where a member is a defendant in a civil action for damages because of acts done during tour of duty in the attempted performance in good faith of his duties as a member of the Service police officer, he shall be indemnified for the necessary and reasonable legal costs incurred in the defence defense of such an action where the Chief of Police is not joined in the followingcircumstances onlyaction as a party pursuant to the section 24(1) of the Police Services Act, and the Chief of Police does not defend the action on behalf of himself and of the member as a joint tortfeasors at the Board’s sole expense.
27.04 Where a member intends to apply to the Board for indemnification hereunder, the member shall, within ten days of being charged or receiving notice of legal proceedings covered herein, apply in writing to the Chief of Police or to the officer designated by the Chief of Police to deal with such applications for approval to retain counsel and approval of the counsel to be so retained. In the event of any dispute concerning the counsel to be retained, the matter shall be resolved by an officer designated by the Chief of Police and a member of the Association Executive designated for that purpose.
27.05 For greater certainty, members shall not be indemnified for legal costs arising from:
(A) Grievances or complaints under the Collective Agreement between the Board and the Association or under the Police Services Act;
(B) The actions or omissions of members acting in their capacity as private citizens;
(C) Proceeding and discipline charges under the Police Services Act and Regulations.
27.06 For the purpose of this provision, a member shall not be deemed to be “finally acquitted” if as a result of charges laid he is subsequently found guilty of, or pleads guilty to, other charges arising out of the same incident or incidents.
27.07 For the purposes of this provision, “necessary and reasonable legal costs” shall be based on the account rendered by the Solicitor performing the work, subject to the approval of the Solicitor for the Police Services Board, or, in the case of disagreement, subject to an assessment by an Assessment officer whose decision shall bind the parties.
Appears in 1 contract
Samples: Collective Agreement
LEGAL INDEMNIFICATION. 34.1 Subject to the other provisions of this Article, a member charged with but not found guilty and finally acquitted of a criminal or statutory offence, because of acts done while on duty in the attempted performance in good faith of his/her duties as a Civilian 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. 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 indemnified for provided that such 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 completion of any grievance and arbitration process that may be initiated, disciplined in which event the member shall not be eligible for indemnification hereunder. Paragraph hereof also applies to members who, although not the subject exceed $260.00 per hour in respect of a criminal investigationlawyer performing the work, have incurred or $90.00 per hour in the event that a para-legal costs during is performing the initialwork.
34.2 Notwithstanding clause 34.1, on-site investigation by 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 counsel collectively for all members identified as witnesses will be indemnified with respect to that investigation. Notwithstandingparagraphs and the Board may refuse payment otherwise authorized under paragraph or clause 34.1 where the actions of the Civilian member from which the charges or investigation arose amounted mounted to a gross dereliction of duty or deliberate abuse of his/her powers as a Civilian member of the Service. When .
34.3 Where a member is a defendant in a civil action for damages because of acts done during tour of duty in the attempted performance in good faith of his/her duties as a member of the Service Service, and the action is not defended by the insurance carrier of the Regional Municipality of Niagara or otherwise, he/she shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such an action in the followingcircumstances following circumstances only:
34.3.1 Where the Chief of Police is not joined in the action as a party pursuant to Section 50 of The Police Services Act, or the Chief of Police does not defend the action on behalf of himself/herself and of the member as joint tort-feasors at the Board's sole expense;
34.3.2 Where the Chief of Police is joined as a party and the Board elects to defend the action, but the solicitor retained on behalf of the Board is of the view that it would be improper for him/her to act for both the Chief of Police and the member in that action. The Board shall decide if additional counsel shall be retained with respect to the indemnification provisions of this Article.
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 inquiry initiated under Section 25 or Section 26 of The Police Services Act, or whose conduct is called into question as a result of a citizen's complaint or in the course of an inquiry under the Coroner's Act, the Public Inquiries Act or a Royal Commission, because of acts done in the attempted performance in good faith of a 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 any member of this Police Service may make application for legal indemnification in respect of legal fees to be incurred by the member as a witness, and the payment of the legal indemnification shall be subject to the discretion of the Chief.
34.12 A member or members of the Service will be indemnified for the necessary and reasonable associated costs, including but not limited to, hotel, meals and airfare, which result from any criminal, statutory or civil matters arising out of the member's deployment outside of the Region and/or to another Police Service or agency if the member is entitled to legal indemnification under this Agreement in relation to the same matters.
Appears in 1 contract
Samples: Collective Agreement
LEGAL INDEMNIFICATION. 49.1 Subject to the other provisions of this Article, a member charged with but not found guilty and finally acquitted of a criminal or statutory offence, because of acts done while on duty in the attempted performance in good faith of his/her duties as a member of the Service, police officer shall be indemnified for the necessary and reasonable legal costs incurred by in the member during the investigation defence of the incident such charges provided that resulted in those charges being laid and for the such necessary and reasonable legal costs incurred by shall not exceed $275.00 per hour effective August 8, 2013, increasing to $325.00 per hour effective April 11, 2017, and increasing to $350.00 effective January 1, 2018. In respect of a lawyer performing the member work, or $90.00 per hour in the defence of such charges. Subject to event that a paralegal is performing the other provisions of this Articlework.
49.2 Notwithstanding clause 49.1, 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 indemnified for 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 completion of any grievance and arbitration process that may be initiated, disciplined in which event the member shall not be eligible for indemnification hereunder. 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 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 counsel collectively for all members identified as witnesses will be indemnified with respect to that investigation. Notwithstandingparagraphs and the Board may refuse payment otherwise authorized under paragraph or clause 49.1 where the actions of the member officer 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. When police officer.
49.3 Where a member is a defendant in a civil action for damages because of acts done during tour of duty in the attempted performance in good faith of his/her duties as a member police officer (which for the purposes of this article include Human Rights Tribunal Applications), and the action is not defended by the insurance carrier of the Service Regional Municipality of Niagara or otherwise, he/she shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such an action in the followingcircumstances following circumstances only:
i. Where the Chief of Police is not joined in the action as a party pursuant to section 50 of the Police Services Act, or the Chief of Police does not defend the action on behalf of himself/herself and of the member as joint tort-feasors at the Board's sole expense.
ii. Where the Chief of Police is joined as a party and the Board elects to defend the action, but the solicitor retained on behalf of the Board is of the view that it would be improper for him/her to act for both the Chief of Police and the member in that action. The Board shall decide if additional counsel shall be retained with respect to the indemnification provisions of this Article.
49.3.1 A member who is a suspect in a criminal investigation shall be granted legal indemnification on the terms set out in this article beginning at the point in the criminal investigation where a caution is to be given to the member.
49.4 A member of the Police Service who is requested or subpoenaed to appear before an inquiry initiated under Section 25 or Section 26 of the Police Services Act, or whose conduct is called into question as a result of a citizen's complaint or in the course of an inquiry under the Coroner's Act, the Public Inquiries Act or a Royal Commission, because of acts done in the attempted performance in good faith of a member's duties as a police officer, shall be indemnified by the Niagara Police Board for the necessary and reasonable legal costs incurred in representing his/her interests in such an inquiry on the following conditions:
49.4.1 In a case where one or more than one member of the Association is subpoenaed or requested to appear and the Board does not retain counsel pursuant to section 49.4.3, there shall be only one counsel representing the members of the Association who shall be retained by the Association except in the course of an inquiry under the Coroner’s Act where the Police Services Board will be represented by the Board appointed lawyer and the members of the Association shall be represented by an Association appointed lawyer, and;
49.4.2 In inquires where the counsel representing the members of the Association pursuant to section 49.4.1 is of the opinion that it would be improper for him/her to act for multiple members of the Association, he/she shall notify the Board forthwith of such concerns and the Board shall consider the advice of the solicitor and decide, acting reasonably, whether to provide indemnification to the Association for the costs to retain additional counsel, and;
49.4.3 In cases other than in the course of an inquiry under the Coroner’s Act, where the Board has retained counsel in such proceedings to provide advice to, and represent, any member or members of the Association who are requested to appear, or who are subpoenaed, or whose conduct is called into question for the reasons set out in 49.4, such solicitor will provide such legal services to members of the Association unless the Board’s solicitor determines that a conflict of interest exists. If such conflict exists, the solicitor will notify the Board and the Association forthwith of such concerns and the Board shall consider the advice of their solicitor and decide, acting reasonably, whether to provide indemnification to the Association for the costs to retain additional counsel as may be necessary. In such case, the provisions of 49.4.1 and 49.4.2 shall apply.
49.4.4 A member or members of the Service shall not be indemnified unless they are found not guilty of misconduct in the criminal or statutory offence proceeding for which legal indemnification is sought.
49.4.5 A member or members of the Service shall not be indemnified for such legal costs if such indemnification, in the opinion of the Board, would reduce respect for law enforcement in the Regional Municipality of Niagara.
49.5 In the event that a member intends to apply to the Board for indemnification pursuant to the provisions of this Article, the following shall apply:
49.5.1 The member shall, within thirty (30) days of being charged or of receiving notice of other legal proceedings provided for in this article, apply in writing to the Chief of Police or his designee for approval to retain counsel or a paralegal and for the approval of the counsel or paralegal to be so retained.
49.5.2 In the event of any dispute concerning the counsel or paralegal to be retained, the matter shall be resolved by an officer designated by the Chief of Police and a member of the Association Executive designated for that purpose.
49.5.3 The application of the member for indemnification shall include:
i. a fee schedule provided by the lawyer or paralegal setting out his or her hourly rate, and confirming that the fees will be charged at the lesser of the lawyer or paralegal’s normal hourly rate, or the applicable fees set out in section 49.1 above;
ii. an estimate, where practicable, of the total charges that will be incurred in the matter, and
iii. the lawyer or paralegal's undertaking to submit monthly statements to the Board showing the time spent and the charges incurred on the file during the month. If the application is approved, the Board reserves the right to refuse payment of the lawyer or paralegal’s account if the counsel or paralegal fails to submit monthly statements in accordance with subparagraph (iii) above, provided that it has given 30 days written notice of its intention to do so to the lawyer or paralegal, with a copy to the Association, and the lawyer or paralegal has not remedied the situation prior to the expiry of the 30 days.
49.5.4 The Board has the right to negotiate fees with the lawyer or paralegal to be retained, and the affected member has the right to be present during the fee negotiations.
49.5.5 There shall be a cap on the legal fees in the amounts referenced in section 49.1 above. In addition, a lawyer may charge for travel time at the rate of $130.00 per hour, to a maximum of four (4) hours per day.
49.6 For greater certainty, members shall not be indemnified for legal costs arising from:
49.6.1 grievances or complaints under the Collective Agreement between the Board and the Association or under the Police Services Act;
49.6.2 the actions or omissions of members acting in their capacity as private citizens;
49.6.3 discipline charges under the Police Services Act and Regulations.
49.7 For the purpose of this provision, a member shall not be deemed to be "finally acquitted" if, as a result of charges laid, he/she is subsequently found guilty of, or pleads guilty to, other charges arising out of the same incident or incidents.
49.8 For the purpose of this provision "necessary and reasonable legal costs" shall be based on the account rendered by the solicitor or paralegal performing the work, subject to taxation by an assessment officer of the Supreme Court of Ontario. If the General Counsel for the Association attends at a S.I.U. call outside normal business hours in circumstances where outside counsel is unavailable or there is a conflict that requires more than one counsel, the Association will be reimbursed at the rate of $150.00 per hour.
49.9 In the cases of aggravated assault, assault causing bodily harm or the included offence of ordinary assault, the indemnification referred to in clause 49.1 shall be limited to only those fees that would have reasonably been incurred if the matter was tried in Provincial Court unless the officer first obtains permission to elect to be tried by any other court. To obtain the said approval of the Board, the officer shall make an application in writing to the Chief of Police and the decision shall be at the discretion of the Niagara Regional Police Services Board.
49.10 Subject to other provisions of this Article, a member who is the Subject Officer in a Special Investigations Unit (S.I.U.) investigation may make application for legal indemnification subject to and upon the receipt of a final determination or recommendation by S.I.U. that criminal charges or other punitive actions will not be initiated or pursued.
49.11 A member who is required as a witness by the Special Investigations Unit (S.I.U.) in the course of an investigation into the conduct of another member shall be indemnified for the necessary legal costs incurred by the member as a witness.
49.12 A member or members of the Service will be indemnified for the necessary and reasonable associated costs, including but not limited to, hotel, meals and airfare, which result from any criminal, statutory or civil matters arising out of the member's deployment outside of the Region and/or to another Police Service or agency if the member is entitled to legal indemnification under this Agreement in relation to the same matters.
Appears in 1 contract
Samples: Collective Agreement
LEGAL INDEMNIFICATION. 34.1 Subject to the other provisions of this Article, a member charged with but not found guilty and finally acquitted of a criminal or statutory offence, because of acts done while on duty in the attempted performance in good faith of his/her duties as a Civilian 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. 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 indemnified for provided that such 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 completion of any grievance and arbitration process that may be initiated, disciplined in which event the member shall not be eligible for indemnification hereunderexceed $275.00 per hour effective August 8, 2013, increasing to $325.00 per hour effective April 11, 2017, increasing to $350.00 effective January 1, 2018 and $400.00 effective January 1, 2020. Paragraph hereof also applies to members who, although not the subject In respect of a criminal investigationlawyer performing the work, have incurred or $90.00 per hour in the event that a para-legal costs during is performing the initialwork.
34.2 Notwithstanding clause 34.1, on-site investigation by 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 counsel collectively for all members identified as witnesses will be indemnified with respect to that investigation. Notwithstandingparagraphs and the Board may refuse payment otherwise authorized under paragraph or clause 34.1 where the actions of the Civilian member from which the charges or investigation arose amounted mounted to a gross dereliction of duty or deliberate abuse of his/her powers as a Civilian member of the Service. When .
34.3 Where a member is a defendant in a civil action for damages because of acts done during tour of duty in the attempted performance in good faith of his/her duties as a member of the Service (which for the purposes of this article include Human Rights Tribunal Applications), and the action is not defended by the insurance carrier of the Regional Municipality of Niagara or otherwise, he/she shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such an action in the followingcircumstances following circumstances only:
34.3.1 Where the Chief of Police is not joined in the action as a party pursuant to Section 50 of The Police Services Act, or the Chief of Police does not defend the action on behalf of himself/herself and of the member as joint tort-feasors at the Board's sole expense;
34.3.2 Where the Chief of Police is joined as a party and the Board elects to defend the action, but the solicitor retained on behalf of the Board is of the view that it would be improper for him/her to act for both the Chief of Police and the member in that action. The Board shall decide if additional counsel shall be retained with respect to the indemnification provisions of this Article.
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 inquiry initiated under Section 25 or Section 26 of The Police Services Act, or whose conduct is called into question as a result of a citizen's complaint or in the course of an inquiry under the Coroner's Act, the Public Inquiries Act or a Royal Commission, because of acts done in the attempted performance in good faith of a member's duties as a Civilian member of the Service, shall be indemnified by the Niagara Police Board for the necessary and reasonable legal costs incurred in representing his/her interests in such an inquiry on the following conditions:
34.4.1 In a case where one or more than one member of the Association is subpoenaed or requested to appear and the Board does not retain counsel pursuant to section 34.4.3, there shall be only one counsel representing the members of the Association who shall be retained by the Association except in the course of an inquiry under the Coroner’s Act where the Police Services Board will be represented by the Board appointed lawyer and the members of the Association shall be represented by an Association appointed lawyer, and;
34.4.2 In inquires where the counsel representing the members of the Association pursuant to section 34.4.1 is of the opinion that it would be improper for him/her to act for multiple members of the Association, he/she shall notify the Board forthwith of such concerns and the Board shall consider the advice of the solicitor and decide, acting reasonably, whether to provide indemnification to the Association for the costs to retain additional counsel, and;
34.4.3 In cases other than in the course of an inquiry under the Coroner’s Act, where the Board has retained counsel in such proceedings to provide advice to, and represent, any member or members of the Association who are requested to appear, or who are subpoenaed, or whose conduct is called into question for the reasons set out in 34.4, such solicitor will provide such legal services to members of the Association unless the Board’s solicitor determines that a conflict of interest exists. If such conflict exists, the solicitor will notify the Board and the Association forthwith of such concerns and the Board shall consider the advice of their solicitor and decide, acting reasonably, whether to provide indemnification to the Association for the costs to retain additional counsel as may be necessary. In such case, the provisions of 34.4.1 and 34.4.2 shall apply.
34.4.4 A member or members of the Service shall not be indemnified unless they are found not guilty of misconduct in the criminal or statutory offence proceeding for which legal indemnification is sought.
34.4.5 A member or members of the Service shall not be indemnified for such legal costs if such indemnification, in the opinion of the Board, would reduce respect for law enforcement in the Regional Municipality of Niagara.
34.5 In the event that a member intends to apply to the Board for indemnification pursuant to the provisions of this Article, the following shall apply:
34.5.1 The member shall, within thirty (30) days of being charged or of receiving notice of other legal proceedings provided for in this article, apply in writing to the Chief of Police or his designee for approval to retain counsel or a paralegal and for the approval of the counsel or paralegal to be so retained.
34.5.2 In the event of any dispute concerning the counsel or paralegal to be retained, the matter shall be resolved by an officer designated by the Chief of Police and a member of the Association Executive designated for that purpose.
34.5.3 The application of the member for indemnification shall include:
i. a fee schedule provided by the lawyer or paralegal setting out his or her hourly rate, and confirming that the fees will be charged at the lesser of the lawyer or paralegal’s normal hourly rate, or the applicable fees set out in section 34.1 above;
ii. an estimate, where practicable, of the total charges that will be incurred in the matter, and
iii. the lawyer or paralegal's undertaking to submit monthly statements to the Board showing the time spent and the charges incurred on the file during the month. If the application is approved, the Board reserves the right to refuse payment of the lawyer or paralegal’s account if the counsel or paralegal fails to submit monthly statements in accordance with subparagraph (iii) above, provided that it has given 30 days written notice of its intention to do so to the lawyer or paralegal, with a copy to the Association, and the lawyer or paralegal has not remedied the situation prior to the expiry of the 30 days.
34.5.4 The Board has the right to negotiate fees with the lawyer or paralegal to be retained, and the affected member has the right to be present during the fee negotiations.
34.5.5 There shall be a cap on the legal fees in the amounts referenced in section 34.1 above. In addition, a lawyer may charge for travel time at the rate of $130.00 per hour to a maximum of four (4) hours per day.
34.6 For greater certainty, members shall not be indemnified for legal costs arising from:
34.6.1 Grievances or complaints under the Collective Agreement between the Board and the Association or under The Police Services Act;
34.6.2 The actions or omissions of members acting in their capacity as private citizens;
34.7 For the purpose of this provision, a member shall not be deemed to be "finally acquitted" if, as a result of charges laid, he/she is subsequently found guilty of, or pleads guilty to other charges arising out of the same incident or incidents.
34.8 For the purpose of this provision, "necessary and reasonable legal costs" shall be based on the account rendered by the solicitor or paralegal performing the work, subject to taxation by an assessment officer of the Supreme Court of Ontario. If the General Counsel for the Association attends at a S.I.U. call outside normal business hours in circumstances where outside counsel is unavailable or there is a conflict that requires more than one counsel, the Association will be reimbursed at the rate of $150.00 per hour.
34.9 In the case of aggravated assault, assault causing bodily harm or the included offence of ordinary assault, the indemnification referred to in clause 34.1 shall be limited to only those fees that would have reasonably been incurred if the matter was tried in Provincial Court unless the member first obtains permission to elect to be tried by any other court. To obtain the said approval of the Board, the member shall make an application in writing to the Chief of Police and the decision shall be at the discretion of the Niagara Regional Police Services Board.
34.10 Subject to other provisions of this Article, a member who is the Subject Officer in a Special Investigations Unit (S.I.U.) investigation may make application for legal indemnification subject to and upon the receipt of a final determination or recommendation by S.I.U. that criminal charges or other punitive actions will not be initiated or pursued.
34.11 A member who is required as a witness by the Special Investigations Unit (S.I.U.) in the course of an investigation into the conduct of another member shall be indemnified for 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 associated costs, including but not limited to, hotel, meals and airfare, which result from any criminal, statutory or civil matters arising out of the member's deployment outside of the Region and/or to another Police Service or agency if the member is entitled to legal indemnification under this Agreement in relation to the same matters.
Appears in 1 contract
Samples: Civilian Collective Agreement
LEGAL INDEMNIFICATION. 49.1 Subject to the other provisions of this Article, a member charged with but not found guilty and finally acquitted of a criminal or statutory offence, because of acts done while on duty in the attempted performance in good faith of his/her duties as a member of the Service, police officer shall be indemnified for the necessary and reasonable legal costs incurred by in the member during the investigation defence of the incident such charges provided that resulted in those charges being laid and for the such necessary and reasonable legal costs incurred by shall not exceed $275.00 per hour effective August 8, 2013, increasing to $325.00 per hour effective April 11, 2017, increasing to $350.00 effective January 1, 2018 and increasing to $400.00 effective January 1, 2020. In respect of a lawyer performing the member work, or $90.00 per hour in the defence of such charges. Subject to event that a paralegal is performing the other provisions of this Articlework.
49.2 Notwithstanding clause 49.1, 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 indemnified for 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 completion of any grievance and arbitration process that may be initiated, disciplined in which event the member shall not be eligible for indemnification hereunder. 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 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 counsel collectively for all members identified as witnesses will be indemnified with respect to that investigation. Notwithstandingparagraphs and the Board may refuse payment otherwise authorized under paragraph or clause 49.1 where the actions of the member officer 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. When police officer.
49.3 Where a member is a defendant in a civil action for damages because of acts done during tour of duty in the attempted performance in good faith of his/her duties as a member police officer (which for the purposes of this article include Human Rights Tribunal Applications), and the action is not defended by the insurance carrier of the Service Regional Municipality of Niagara or otherwise, he/she shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such an action in the followingcircumstances following circumstances only:
i. Where the Chief of Police is not joined in the action as a party pursuant to section 50 of the Police Services Act, or the Chief of Police does not defend the action on behalf of himself/herself and of the member as joint tort- feasors at the Board's sole expense.
ii. Where the Chief of Police is joined as a party and the Board elects to defend the action, but the solicitor retained on behalf of the Board is of the view that it would be improper for him/her to act for both the Chief of Police and the member in that action. The Board shall decide if additional counsel shall be retained with respect to the indemnification provisions of this Article.
49.3.1 A member who is a suspect in a criminal investigation shall be granted legal indemnification on the terms set out in this article beginning at the point in the criminal investigation where a caution is to be given to the member.
49.4 A member of the Police Service who is requested or subpoenaed to appear before an inquiry initiated under Section 25 or Section 26 of the Police Services Act, or whose conduct is called into question as a result of a citizen's complaint or in the course of an inquiry under the Coroner's Act, the Public Inquiries Act or a Royal Commission, because of acts done in the attempted performance in good faith of a member's duties as a police officer, shall be indemnified by the Niagara Police Board for the necessary and reasonable legal costs incurred in representing his/her interests in such an inquiry on the following conditions:
49.4.1 In a case where one or more than one member of the Association is subpoenaed or requested to appear and the Board does not retain counsel pursuant to section 49.4.3, there shall be only one counsel representing the members of the Association who shall be retained by the Association except in the course of an inquiry under the Coroner’s Act where the Police Services Board will be represented by the Board appointed lawyer and the members of the Association shall be represented by an Association appointed lawyer, and;
49.4.2 In inquires where the counsel representing the members of the Association pursuant to section 49.4.1 is of the opinion that it would be improper for him/her to act for multiple members of the Association, he/she shall notify the Board forthwith of such concerns and the Board shall consider the advice of the solicitor and decide, acting reasonably, whether to provide indemnification to the Association for the costs to retain additional counsel, and;
49.4.3 In cases other than in the course of an inquiry under the Coroner’s Act, where the Board has retained counsel in such proceedings to provide advice to, and represent, any member or members of the Association who are requested to appear, or who are subpoenaed, or whose conduct is called into question for the reasons set out in 49.4, such solicitor will provide such legal services to members of the Association unless the Board’s solicitor determines that a conflict of interest exists. If such conflict exists, the solicitor will notify the Board and the Association forthwith of such concerns and the Board shall consider the advice of their solicitor and decide, acting reasonably, whether to provide indemnification to the Association for the costs to retain additional counsel as may be necessary. In such case, the provisions of 49.4.1 and 49.4.2 shall apply.
49.4.4 A member or members of the Service shall not be indemnified unless they are found not guilty of misconduct in the criminal or statutory offence proceeding for which legal indemnification is sought.
49.4.5 A member or members of the Service shall not be indemnified for such legal costs if such indemnification, in the opinion of the Board, would reduce respect for law enforcement in the Regional Municipality of Niagara.
49.5 In the event that a member intends to apply to the Board for indemnification pursuant to the provisions of this Article, the following shall apply:
49.5.1 The member shall, within thirty (30) days of being charged or of receiving notice of other legal proceedings provided for in this article, apply in writing to the Chief of Police or his designee for approval to retain counsel or a paralegal and for the approval of the counsel or paralegal to be so retained.
49.5.2 In the event of any dispute concerning the counsel or paralegal to be retained, the matter shall be resolved by an officer designated by the Chief of Police and a member of the Association Executive designated for that purpose.
49.5.3 The application of the member for indemnification shall include:
i. a fee schedule provided by the lawyer or paralegal setting out his or her hourly rate, and confirming that the fees will be charged at the lesser of the lawyer or paralegal’s normal hourly rate, or the applicable fees set out in section 49.1 above;
ii. an estimate, where practicable, of the total charges that will be incurred in the matter, and
iii. the lawyer or paralegal's undertaking to submit monthly statements to the Board showing the time spent and the charges incurred on the file during the month. If the application is approved, the Board reserves the right to refuse payment of the lawyer or paralegal’s account if the counsel or paralegal fails to submit monthly statements in accordance with subparagraph (iii) above, provided that it has given 30 days written notice of its intention to do so to the lawyer or paralegal, with a copy to the Association, and the lawyer or paralegal has not remedied the situation prior to the expiry of the 30 days.
49.5.4 The Board has the right to negotiate fees with the lawyer or paralegal to be retained, and the affected member has the right to be present during the fee negotiations.
49.5.5 There shall be a cap on the legal fees in the amounts referenced in section 49.1 above. In addition, a lawyer may charge for travel time at the rate of $130.00 per hour, to a maximum of four (4) hours per day.
49.6 For greater certainty, members shall not be indemnified for legal costs arising from:
49.6.1 grievances or complaints under the Collective Agreement between the Board and the Association or under the Police Services Act;
49.6.2 the actions or omissions of members acting in their capacity as private citizens;
49.6.3 discipline charges under the Police Services Act and Regulations.
49.7 For the purpose of this provision, a member shall not be deemed to be "finally acquitted" if, as a result of charges laid, he/she is subsequently found guilty of, or pleads guilty to, other charges arising out of the same incident or incidents.
49.8 For the purpose of this provision "necessary and reasonable legal costs" shall be based on the account rendered by the solicitor or paralegal performing the work, subject to taxation by an assessment officer of the Supreme Court of Ontario. If the General Counsel for the Association attends at a S.I.U. call outside normal business hours in circumstances where outside counsel is unavailable or there is a conflict that requires more than one counsel, the Association will be reimbursed at the rate of $150.00 per hour.
49.9 In the cases of aggravated assault, assault causing bodily harm or the included offence of ordinary assault, the indemnification referred to in clause 49.1 shall be limited to only those fees that would have reasonably been incurred if the matter was tried in Provincial Court unless the officer first obtains permission to elect to be tried by any other court. To obtain the said approval of the Board, the officer shall make an application in writing to the Chief of Police and the decision shall be at the discretion of the Niagara Regional Police Services Board.
49.10 Subject to other provisions of this Article, a member who is the Subject Officer in a Special Investigations Unit (S.I.U.) investigation may make application for legal indemnification subject to and upon the receipt of a final determination or recommendation by S.I.U. that criminal charges or other punitive actions will not be initiated or pursued.
49.11 A member who is required as a witness by the Special Investigations Unit (S.I.U.) in the course of an investigation into the conduct of another member shall be indemnified for the necessary legal costs incurred by the member as a witness.
49.12 A member or members of the Service will be indemnified for the necessary and reasonable associated costs, including but not limited to, hotel, meals and airfare, which result from any criminal, statutory or civil matters arising out of the member's deployment outside of the Region and/or to another Police Service or agency if the member is entitled to legal indemnification under this Agreement in relation to the same matters.
Appears in 1 contract
Samples: Collective Agreement
LEGAL INDEMNIFICATION. Subject to the other provisions of this Article, a member charged with but not found guilty of a criminal or statutory offence, because of acts done in the attempted performance in good faith of 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. Subject to the other provisions of this Article, a 28.01 A member who is not charged with a criminal or statutory offence but who has been the subject of a criminal investigation because arising out of acts done or omissions occurring in the attempted performance in good faith course of his or her duties as a member of the Service shall indemnified for 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 completion of any grievance and arbitration process that may be initiated, disciplined in which event the member shall not be eligible for indemnification hereunder. 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 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 counsel collectively for all members identified as witnesses will be indemnified with respect to that investigation. Notwithstandingparagraphs and the Board may refuse payment otherwise authorized under paragraph or where the actions of the member from which the charges or investigation arose amounted to a gross dereliction of duty or deliberate abuse of 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 attempted performance in good faith of duties as a member of the Service shall be indemnified by the Board for the necessary and reasonable legal costs incurred in the defence defense of such charges including those incurred at all appeals, new trials and appeals therefrom, provided that the member is not found guilty.
28.02 For the purpose of clause 28.01, a member shall be deemed to have been found guilty where the member:
(a) pleads guilty to; or,
(b) is found guilty by a court of the originally charged offence or any other offence arising out of the same incident or incidents, at the conclusion of all proceedings including all appeals, whether or not an absolute or conditional discharge is granted.
28.03 The Board may refuse to indemnify a member under clause 28.01 where:
(a) a complaint about the conduct of the member is made under the Police Services Act in respect of substantially the same matter out of which the charge arose; and,
(b) misconduct or unsatisfactory work performance is proven on clear and convincing evidence in respect of substantially the same matter at the conclusion of all proceedings including all appeals.
28.04 Where a civil action is brought against a member for damages arising out of alleged acts or omissions of the member in the followingcircumstances onlyperformance of his or her duties the member shall be indemnified by the Board for the necessary and reasonable legal costs of defending such action only where:
(a) the member was acting in good faith; and,
(b) the claim is not one for which the Board is liable under the Police Services Act; and,
(c) the Board or the Board’s insurers have not otherwise provided for the defence and indemnity of the member with respect to the portion of the claim or damages for which the member may be found liable.
28.05 Where a complaint is made by a member of the public about the conduct of the member within the meaning of sections 56 and 57 of the Police Services Act and where:
(a) at the conclusion of a hearing under section 64 the Police Services Act, misconduct or unsatisfactory work performance has not been proven on clear and convincing evidence;
(b) the decision is appealed; and,
(c) at the conclusion of all appeals, misconduct or unsatisfactory work performance has not been proven on clear and convincing evidence, the Board shall indemnify a member for the necessary and reasonable legal costs of defending the appeal to the Commission and any subsequent appeal to the Divisional Court.
28.06 Where the Commission, pursuant to sections 72 or 73 of the Police Services Act, issues a direction in respect of a complaint about the conduct of a member which results in the holding of a hearing into the complaint, following:
(a) a decision under section 59 of the Police Services Act not to deal with the complaint; or
(b) a decision under section 64 of the Police Services Act that the complaint was unsubstantiated or is not of a serious nature, the member shall be indemnified by the Board for the necessary and reasonable legal costs of defending the complaint at the hearing and on appeal, provided that misconduct or unsatisfactory work performance is not proven on clear and convincing evidence at the conclusion of all proceedings, including appeals.
28.07 A member who is summoned as a witness or who is granted standing at an inquest under the Coroners Act at which it is reasonable to expect that evidence will be given to the effect that the death in question was caused or contributed to by the member in the course of his or her duties, shall be indemnified by the Board for necessary and reasonable legal costs incurred for legal representation of the member at the inquest.
28.08 A member is not entitled to the indemnity for legal costs provided under clause 28.07 where the member is charged with a criminal or statutory offence arising out of the circumstances of the death that is the subject of the inquest except where:
(a) the member is not found guilty of the offence within the meaning of clauses 28.01 and 28.02; and,
(b) the Board is not entitled to refuse indemnity for legal costs in respect of the offence under clause 28.03.
28.09 In any investigation, inquiry or proceeding not otherwise specifically provided for where the conduct of a member in the performance of his or her duties is or may be called into question, the provisions of this Article shall not restrict the Board from:
(a) indemnifying the member for the necessary and reasonable legal costs of representation;
(b) retaining legal counsel to advise the member; or,
(c) retaining legal counsel to represent the member; on its own motion or on request from the Association or member affected. The Board shall in its absolute and sole discretion decide whether or not to provide such indemnity, advice or representation. The Board’s decision shall not be relied upon as establishing a precedent or practice.
28.10 For greater certainty, a member shall not be indemnified by the Board for legal costs arising from:
(a) grievance or arbitration proceedings under this Collective Agreement or Part VIII of the Police Services Act;
(b) any advice or representation in relation to acts or omissions of a member acting in his or her capacity as a private citizen; or
(c) complaint proceedings under the Police Services Act, except as specifically provided in this Article.
28.11 A member shall apply for indemnification for legal costs under this Article in writing to the Chief or his or her designate no later than fourteen days after the member became aware of the circumstances requiring the legal advice or representation and which application shall set out:
(a) the member’s name;
(b) the particular proceedings in respect of which the legal advice or representation is required in sufficient detail so as to permit a determination as to which clause of this Article would apply; and,
(c) the name of the legal counsel who the member proposes to retain, if known.
28.12 As soon as reasonably possible, the member shall cause the legal counsel that he or she proposes to retain to provide a letter to the Regional Solicitor setting out the following:
(a) in general terms the resources which will be required on the matter including, but not limited to, whether or not more than one lawyer will be necessary and the reasons therefore, the use of students and other paralegal services and any significant investigative procedures or the use of experts and an explanation as to why it is reasonable and necessary for their use;
(b) the rates that legal counsel proposes to charge for his or her services and the services of all other lawyers, students and paralegals, including both hourly rates and counsel fees and any limits thereon, provided that any such proposal shall not be binding on the Board;
(c) a preliminary budget for all services and disbursements and an undertaking to regularly review and revise the budget at the request of the Regional Solicitor;
(d) an undertaking to provide regular bills or accounts for services to the Regional Solicitor or on request including detailed dockets for all services and time spent and rates charged; and,
(e) confirmation that the Regional Solicitor may apply for an order for delivery and assessment or for assessment of any bill of costs under the Solicitors Act on behalf of and in the name of the member who is the client.
28.13 Any indemnity for necessary and reasonable legal costs provided in this Article shall be limited to the extent that the legal advice and representation provided and disbursements incurred were necessary and reasonable for the proper professional conduct of the proceedings involved and shall be limited in amount to the rates and fees that are usually charged by competent counsel in similar matters. All bills of costs and accounts shall be approved by the Regional Solicitor who may apply on behalf of the member and in the member’s name for an order for delivery and assessment or for assessment of any bill of costs under the Solicitors Act.
28.14 The provisions of this Article replace the provisions of Article 28 of the Collective Agreement between the parties signed on the 27th of March 1998 and are effective only and apply to proceedings arising on and after August 31, 1999.
Appears in 1 contract
Samples: Collective Agreement
LEGAL INDEMNIFICATION.
29-01 Subject to the other provisions of this Article, a member charged with but not found guilty of a any criminal or statutory offence, because of acts done in the an attempted performance in good faith of his/her duties as a member of the Servicepeace officer/special constable, 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. Subject to (revised 2006)
29-02 Notwithstanding clause 29-01, the other provisions Board may authorize payment 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 indemnified for necessary and reasonable legal costs incurred of a member pleading or being found guilty of an offence described in clause 29-01, where the court, instead of convicting the accused, grants him/her absolute discharge, provided that the Board accepts the recommendation of the Chief of Police, or an officer designated by him/her to make such a recommendation, that the member during that investigation unless, arising from or member’s actions as a result peace officer/special constable in the course of performing his/her duties were motivated by an intent to do his/her lawful duty, that such investigationactions do not constitute any of the actions described in clause 29-01 hereof, the member is, after completion of any grievance and arbitration process that may be initiated, disciplined in which event the member shall not be eligible for indemnification hereunder. 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 understood that the legal costs of one counsel for each member identified as a subject member will be indemnified and that such indemnification will not, in the legal costs opinion of counsel collectively the Board, reduce respect for all members identified as witnesses will be indemnified with respect to that investigation. Notwithstandingparagraphs and law enforcement in the City of Windsor.
29-03 Notwithstanding clause 29-01, the Board may refuse payment otherwise authorized under paragraph or clause 29-01 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. When peace officer/special constable.
29-04 Where a member is a defendant in a civil action for damages because of acts done during tour of duty in the an attempted performance in good faith of his/her duties as a member of the Service peace officer/special constable, he/she shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such an action in the followingcircumstances following circumstances only:
a) Where the Board is not joined in the action as a party pursuant to Section 50 (1) of the Police Services Act, and the Board does not defend the action on behalf of itself and of the member as joint tortfeasers at the Board’s sole expense;
b) Where the Board and/or Chief of Police is joined as a party or elects to defend the action, but the solicitor retained on behalf of the Board and/or Chief of Police and the member is of the view that it would be improper for him/her to act for both the Board and/or Chief of Police and the member in that action.
29-05 A member whose conduct is called into question in the course of an inquiry under the Coroner’s Act because of actions done in the attempted performance in good faith of his/her duties as peace officer/special constable, he/she shall be indemnified for the necessary and reasonable legal costs incurred in representing his/her interest in any such inquest in the following circumstances only:
a) Where the Chief of Police and/or the Board does not provide counsel to represent the member at the inquest at the Board’s expense; or,
b) Where the counsel provided by the Chief of Police or the Board to represent either or both of them along with the member is of the opinion that it would be improper for him/her to act for both the Chief of Police or the Board and the member in that action.
29-06 Where a member is the subject of a hearing before the Ontario Civilian Commission on Police Services as a result of a hearing held pursuant to section 70 (1) (2) (3) or (4) of the Police Services Act R.S.O. 1990 and the decision of the Commission is the misconduct was not proved, the member shall be indemnified for any necessary and reasonable legal costs arising directly from the defence of the complaint being heard by the Commission. (revised 1999)
29-07 Members shall be indemnified for the legal costs incurred in relation to Special Investigations Unit investigations subject to the conditions set out below:
a) This provision shall apply to all members who are or appear to be considered subject officers in relation to the S.I.U. investigation.
b) Where more than one member appears to be or is deemed to be the subject officer in relation to the same incident, one counsel shall represent each member so involved. Witness officers shall not use same counsel as subject officers. (Revised 2013 Xxxxxx Arbitration)
c) In the event that members of the S.I.U. intend to interview members, the President of the Association and the Chief of Police, or their designates, shall be notified and they shall make any determination required in respect to the number of counsel as outlined in sub-section (b).
d) The member or members shall be indemnified for all legal costs incurred until the member is finally cleared of any wrongdoing or until such time as the member(s) is charged with a criminal or statutory offence at which time Section 32 and the provisions therein outlined will apply. (new and renumbered 1999)
29-08 Where a member intends to apply to the Board for indemnification hereunder, the member shall, within thirty (30) days of being charged or receiving notice of other legal proceedings covered herein, or receiving notice that he/she will not 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. The term counsel herein shall be restricted to counsel whose practice is located in the County of Essex. (renumbered 1999)
29-09 Where the Chief of Police, pursuant to Board policy, elects to provide legal counsel to defend a member in any legal proceeding covered by 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. This subsection shall not be deemed to apply to criminal prosecutions. (renumbered 1999)
29-10 Members shall not be indemnified for legal costs arising from:
1. grievance or complaints under the collective agreement between the Board and the Association or under the Police Services Act;
2. the actions or omissions of members acting in their capacity as private citizens;
3. discipline charges under the Police Services Act and regulations thereunder, except as set out in Section 29-06. (revised & renumbered 1999)
29-11 For the purpose of this provision, a member shall not be deemed to be “finally acquitted” if as a result of charges laid, he/she is subsequently found guilty of, or pleads guilty to, other charges arising out of the same incident or incidents, but nothing in this clause will disentitle the member to consideration under clause 29-02 hereof. (renumbered 1999)
29-12 For the purposes of this provision, “necessary and reasonable legal costs” shall be based on the account rendered by the solicitor performing the work, subject initially to the 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. (renumbered 1999) 29-13 In the cases of aggravated assault, assault causing bodily harm, or the included offence of ordinary assault, the indemnification referred to in clause 29-01 shall be limited to only those fees that would have reasonably been incurred if the matter was tried in Provincial Judges’ Court unless the member first obtains permission to elect to be tried by any other court. To obtain said permission, the member shall make an application, in writing, to the President of the Windsor Police Association. The decision to give said permission shall be made by the President of the Windsor Police Association and the Chair of the Windsor Police Services Board. (renumbered 1999) 29-14 In the event that a dispute arises with regards to the interpretation or application of Section 29, the matter may be referred to an arbitrator as hereinafter named. Notice, in writing, shall be given to the other party and the arbitrator within ten (10) calendar days of the decision of matter complained of. The arbitrator’s decision shall be final and binding on the parties. The arbitrator shall be selected on a rotational basis, subject to availability from the panel of arbitrators: To be named by agreement of the parties. (renumbered 1999)
Appears in 1 contract
Samples: Collective Agreement
LEGAL INDEMNIFICATION. 23.1 Subject to the other provisions of this Article, a civilian member of the Saugeen Shores Police Service charged with but not found guilty and finally acquitted of a criminal or statutory offence, because of acts done while working for the Saugeen Shores Police Service in the attempted performance in good faith of duties his/her roles and responsibilities as a member specifically enumerated within the policies and procedures of the Service, Saugeen Shores Police 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. 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 indemnified for 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 completion of any grievance and arbitration process that may be initiated, disciplined in which event the member shall not be eligible for indemnification hereunder. 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 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 counsel collectively for all members identified as witnesses will be indemnified with respect to that investigation. Notwithstandingparagraphs and the Board may refuse payment otherwise authorized under paragraph or where the actions of the member from which the charges or investigation arose amounted to a gross dereliction of duty or deliberate abuse of as a member of the Service. When .
23.2 Where a member is a defendant in a civil action for damages because of acts done during tour of duty in the attempted performance in good faith of duties his/her roles and responsibilities as a member specifically enumerated within the policies and procedures of the Service Saugeen Shores Police Service, he/she shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such an action where the Board is not joined in the followingcircumstances onlyaction as a party pursuant to section 50 (1) of the Police Services Xxx 0000, and the Board does not defend the action on behalf of the Board and of the member as joint tort feasors at the Board's sole expense.
23.3 Notwithstanding Articles 23.1 and 23.2, the Board may refuse payment otherwise authorized under Articles 23.1 and 23.2 where the actions of the member from which the charges/civil action arose amounted to a gross dereliction and/or abuse of his/her roles and responsibilities as specifically enumerated within the policies and procedures of the Saugeen Shores Police Service.
23.4 a) Where during an inquest under the Coroners Act a member's conduct is called into question because of acts done in the attempted performance of his/her roles and responsibilities as specifically enumerated within the policies and procedures of the Saugeen Shores Police Service, the member shall be indemnified for any necessary and reasonable legal costs directly arising from the protection of the member's interest at such enquiry, but only if:
(i) the Chief of Police or the Board does not provide counsel to represent the Service, at the Board's expense; or,
(ii) in the opinion of counsel retained by the Chief of Police or the Board to represent the Service, it would be improper for him/her to represent the member and the Chief and/or the Board before that inquiry.
Appears in 1 contract
Samples: Civilian Collective Agreement
LEGAL INDEMNIFICATION.
(a) Subject to the other provisions of this Articlearticle, a member member, past or present, charged with but not found guilty and finally acquitted of a criminal or statutory offense, because of acts done in the attempted performance in good faith of his duties as a police officer shall be indemnified for the necessary and reasonable legal costs incurred in the defense of such charges.
(b) Subject to other provisions of this article, a member, past or present, charged with a criminal or statutory offence, because of acts done in the attempted performance in good faith of his duties as a member police officer may, as decided in the sole discretion of the ServiceBoard, 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 defense of such charges. Subject to the other provisions charges where such charges are disposed of this Articleby administrative or judicial procedure without conviction or acquittal.
23.02 Notwithstanding article 23 or any municipal by-law, 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 indemnified for 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 completion of any grievance and arbitration process that may be initiated, disciplined in which event the member shall not be eligible for indemnification hereunder. 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 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 counsel collectively for all members identified as witnesses will be indemnified with respect to that investigation. Notwithstandingparagraphs and the Board may refuse payment otherwise authorized under paragraph or article 23 where the actions of the member officer from which the charges or investigation arose amounted to a gross dereliction of duty or deliberate abuse of his powers as a member of the Service. When police officer.
23.03 Where a member member, past or present, is a defendant in a civil action for damages because of acts done during tour of duty in the attempted performance in good faith of his duties as a member of the Service police officer, he shall be indemnified for the necessary and reasonable legal costs incurred in the defence defense of such an action where the Board and/or Chief of Police is not joined in the followingcircumstances onlyaction as a party pursuant to the section 50(1) of the Police Services Act, and the Board and/or Chief of Police does not defend the action on behalf of himself and of the member as a joint tortfeasors at the Board’s sole expense.
(a) Where a member, past or present, intends to apply to the Board for indemnification hereunder, the member shall, within thirty (30) days of being charged or receiving notice of legal proceedings covered herein, apply in writing to the Chief of Police or to the officer designated by the Chief of Police to deal with such applications for approval to retain counsel and approval of the counsel to be so retained. In the event of any dispute concerning the counsel to be retained, the matter shall be resolved by an officer designated by the Chief of Police and a member of the Association Executive designated for that purpose.
(b) Where the Board is notified of a legal action against a member, the Board shall notify the Association as soon as is practicable.
23.05 For greater certainty, members, past or present, shall not be indemnified 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 members acting in their capacity as private citizens; and
(c) Proceeding and discipline charges under the Police Services Act and Regulations.
(a) Where a member, past or present, is personally the subject (not a witness) of an inquiry before the Ontario Human Rights Tribunal, the member, past or present may, at the sole discretion of the Board, be indemnified for the necessary and reasonable costs arising directly from being names in the inquiry, for any acts that occurred while on duty in the attempted performance in good faiths his duties as a police officer.
(b) The Board retains the right to resolve any complaint. If the Board agrees to resolve the complaint and the member does not agree, the member shall be responsible for any costs associated with continuing with the complaint.
23.07 Where a member, past or present, is personally the subject of an inquiry (not a witness) before the Ontario Civilian Police Commission on Police Services pursuant to Section 22(1)(e) of the Police Services Act, the member, past or present, may, at the sole discretion of the Board, be indemnified for the necessary and reasonable costs arising directly from being named in the inquiry, for any acts that occurred while on duty in the attempted performance in good faith of his duties as a police officer.
23.08 Where a member, past or present, has been identified as a subject or witness officer during an investigation by the Special Investigations Unit, because of acts done in the attempted performance in good faith of his duties as a police officer he shall be indemnified for the necessary and reasonable legal costs for:
(a) up to a total of three (3) hours of his solicitor’s time for consultation including the initial interview with the Special Investigations Unit; and
(b) the solicitor’s time during any subsequent interviews with the Special Investigations Unit conditional upon the approval of the Chief of Police and/or his designate. Such approval shall not be unreasonably withheld.
23.09 Where a member, past or present, has been identified as a subject or witness officer during an investigation directed by the Ontario Independent Police Review Directorate, because of acts done in the attempted performance in good faith of his duties as a police officer he shall be indemnified for the necessary and reasonable legal costs for:
(a) up to a total of two (2) hours of his solicitor’s time for consultation including the initial interview with the Ontario Independent Police Review Directorate; and
Appears in 1 contract
Samples: Collective Agreement
LEGAL INDEMNIFICATION. 25.1 Subject to the other provisions of this Article, a member of the Saugeen Shores Police Service charged with but not found guilty and finally acquitted of a criminal or statutory offence, because of acts done while on duty in the attempted performance in good faith of his duties as a member of the Service, 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. 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 indemnified for 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 completion of any grievance and arbitration process that may be initiated, disciplined in which event the member shall not be eligible for indemnification hereunder. 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 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 counsel collectively for all members identified as witnesses will be indemnified with respect to that investigation. Notwithstandingparagraphs and the Board may refuse payment otherwise authorized under paragraph or where the actions of the member from which the charges or investigation arose amounted to a gross dereliction of duty or deliberate abuse of as a member of the Service. When .
25.2 Where a member is a defendant in a civil action for damages because of acts done during tour of duty in the attempted performance in good faith of his duties as a member of the Service police officer, he shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such an action where the Board is not joined in the followingcircumstances only:action as a party pursuant to section 50 (1) of the Police Services Xxx 0000, and the Board does not defend the action on behalf of the Board and of the member as joint tort feasors at the Board's sole expense.
25.3 Notwithstanding Articles 25. 1 and 25. 2, the Board may refuse payment otherwise authorized under Articles 25. 1 and 25. 2 where the actions of the officer from which the charges/civil action arose amounted to a gross dereliction of duty or abuse of his powers as a police officer.
25.4 a) Where a member is the subject of a hearing before a tribunal established under Part V of the Police Services Act, 1990, as a result of a decision by the Office of the Independent Police Review Director and the decision of the tribunal is that misconduct was not proven, the member shall be indemnified for any necessary and reasonable legal costs arising from having to defend the allegations against him. This provision does not apply to a finding of not guilty or not proven subsequently reversed on appeal.
Appears in 1 contract
Samples: Collective Agreement
LEGAL INDEMNIFICATION. 28.01 Subject to the other provisions of this Articlearticle, a member charged with but not found guilty and finally acquitted of a criminal or statutory offenceoffense, because of acts done in the attempted performance in good faith of his duties as a member of the Service, 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 defense of such charges. Subject to the other provisions of this Article.
28.02 Notwithstanding article 28.01, 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 indemnified for 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 completion of any grievance and arbitration process that may be initiated, disciplined in which event the member shall not be eligible for indemnification hereunder. 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 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 counsel collectively for all members identified as witnesses will be indemnified with respect to that investigation. Notwithstandingparagraphs and the Board may refuse payment otherwise authorized under paragraph or article 28.01 where the actions of the member officer from which the charges or investigation arose amounted to a gross dereliction of duty or deliberate abuse of his powers as a member of the Service. When police officer.
28.03 Where a member is a defendant in a civil action for damages because of acts done during tour of duty in the attempted performance in good faith of his duties as a member of the Service police officer, he shall be indemnified for the necessary and reasonable legal costs incurred in the defence defense of such an action where the Chief of Police is not joined in the followingcircumstances onlyaction as a party pursuant to the section 50(1) of the Police Services Act, and the Chief of Police does not defend the action on behalf of himself and of the member as a joint tortfeasors at the Board’s sole expense.
28.04 Where a member intends to apply to the Board for indemnification hereunder, the member shall, within ten days of being charged or receiving notice of legal proceedings covered herein, apply in writing to the Chief of Police or to the officer designated by the Chief of Police to deal with such applications for approval to retain counsel and approval of the counsel to be so retained. In the event of any dispute concerning the counsel to be retained, the matter shall be resolved by an officer designated by the Chief of Police and a member of the Association Executive designated for that purpose.
28.05 For greater certainty, members shall not be indemnified for legal costs arising from:
(a) Grievances or complaints under the Collective Agreement between the Board and the Association or under the Police Services Act;
(b) The actions or omissions of members acting in their capacity as private citizens;
(c) Proceeding and discipline charges under the Police Services Act and Regulations.
28.06 For the purpose of this provision, a member shall not be deemed to be “finally acquitted” if as a result of charges laid he is subsequently found guilty of, or pleads guilty to, other charges arising out of the same incident or incidents.
28.07 For the purposes of this provision, “necessary and reasonable legal costs” shall be based on the account rendered by the Solicitor performing the work, subject to the approval of the Solicitor for the Police Services Board, or, in the case of disagreement, subject to an assessment by an Assessment officer whose decision shall bind the parties.
28.08 Where a member has been identified as a subject or witness officer during an investigation by the Special Investigations Unit, he shall be indemnified for the necessary and reasonable legal costs for:
(a) up to a total of three (3) hours of his solicitor’s time for consultation including the initial interview with the Special Investigations Unit
(b) the solicitor’s time during any subsequent interviews with the Special Investigations Unit conditional upon the approval of the Chief of Police and/or his designate. Such approval shall not be unreasonably withheld.
Appears in 1 contract
Samples: Collective Agreement
LEGAL INDEMNIFICATION. 34.1 Subject to the other provisions of this Article, a member charged with but not found guilty and finally acquitted of a criminal or statutory offence, because of acts done while on duty in the attempted performance in good faith of his/her duties as a Civilian 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. 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 indemnified for provided that such 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 completion of any grievance and arbitration process that may be initiated, disciplined in which event the member shall not be eligible for indemnification hereunder. Paragraph hereof also applies to members who, although not the subject exceed $260.00 per hour in respect of a criminal investigationlawyer performing the work, have incurred or $90.00 per hour in the event that a para-legal costs during is performing the initialwork.
34.2 Notwithstanding clause 34.1, on-site investigation by 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 counsel collectively for all members identified as witnesses will be indemnified with respect to that investigation. Notwithstandingparagraphs and the Board may refuse payment otherwise authorized under paragraph or clause 34.1 where the actions of the Civilian member from which the charges or investigation arose amounted mounted to a gross dereliction of duty or deliberate abuse of his/her powers as a Civilian member of the Service. When .
34.3 Where a member is a defendant in a civil action for damages because of acts done during tour of duty in the attempted performance in good faith of his/her duties as a member of the Service Service, and the action is not defended by the insurance carrier of the Regional Municipality of Niagara or otherwise, he/she shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such an action in the followingcircumstances following circumstances only:
34.3.1 Where the Chief of Police is not joined in the action as a party pursuant to Section 50 of The Police Services Act, or the Chief of Police does not defend the action on behalf of himself/herself and of the member as joint tort-feasors at the Board's sole expense;
34.3.2 Where the Chief of Police is joined as a party and the Board elects to defend the action, but the solicitor retained on behalf of the Board is of the view that it would be improper for him/her to act for both the Chief of Police and the member in that action. The Board shall decide if additional counsel shall be retained with respect to the indemnification provisions of this Article.
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 inquiry initiated under Section 25 or Section 26 of The Police Services Act, or whose conduct is called into question as a result of a citizen's complaint or in the course of an inquiry under the Coroner's Act, the Public Inquiries Act or a Royal Commission, because of acts done in the attempted performance in good faith of a 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 xxxxxxxxx's undertaking to submit monthly statements to the Board showing the time spent and the charges incurred on the file during the month. If the application is approved, the Board reserves the right to refuse payment of the lawyer or paralegal’s account if the counsel or paralegal fails to submit monthly statements in accordance with subparagraph (iii) above, provided that it has given 30 days written notice of its intention to do so to the lawyer or paralegal, with a copy to the Association, and the lawyer or paralegal has not remedied the situation prior to the expiry of the 30 days.
34.5.4 The Board has the right to negotiate fees with the lawyer or paralegal to be retained, and the affected member has the right to be present during the fee negotiations.
34.5.5 There shall be a cap on the legal fees of $260.00 per hour. In addition, a lawyer may charge for travel time at the rate of $130.00 per hour to a maximum of four (4) hours per day.
34.6 For greater certainty, members shall not be indemnified for legal costs arising from:
34.6.1 Grievances or complaints under the Collective Agreement between the Board and the Association or under The Police Services Act;
34.6.2 The actions or omissions of members acting in their capacity as private citizens;
34.7 For the purpose of this provision, a member shall not be deemed to be "finally acquitted" if, as a result of charges laid, he/she is subsequently found guilty of, or pleads guilty to other charges arising out of the same incident or incidents.
34.8 For the purpose of this provision, "necessary and reasonable legal costs" shall be based on the account rendered by the solicitor or paralegal performing the work, subject to taxation by an assessment officer of the Supreme Court of Ontario. If the General Counsel for the Association attends at a S.I.U. call outside normal business hours in circumstances where outside counsel is unavailable or there is a conflict that requires more than one counsel, the Association will be reimbursed at the rate of $150.00 per hour.
34.9 In the case of aggravated assault, assault causing bodily harm or the 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 any member of this Police Service may make application for legal indemnification in respect of legal fees to be incurred by the member as a witness, and the payment of the legal indemnification shall be subject to the discretion of the Chief.
34.12 A member or members of the Service will be indemnified for the necessary and reasonable associated costs, including but not limited to, hotel, meals and airfare, which result from any criminal, statutory or civil matters arising out of the member's deployment outside of the Region and/or to another Police Service or agency if the member is entitled to legal indemnification under this Agreement in relation to the same matters.
Appears in 1 contract
Samples: Collective Agreement
LEGAL INDEMNIFICATION. 49.1 Subject to the other provisions of this Article, a member charged with but not found guilty and finally acquitted of a criminal or statutory offence, because of acts done while on duty in the attempted performance in good faith of his/her duties as a member of the Service, police officer shall be indemnified for the necessary and reasonable legal costs incurred by in the member during the investigation defence of the incident such charges provided that resulted in those charges being laid and for the such necessary and reasonable legal costs incurred by shall not exceed $260.00 per hour, increasing to $275.00 per hour effective August 8, 2013 in respect of a lawyer performing the member work, or $90.00 per hour in the defence of such charges. Subject to event that a paralegal is performing the other provisions of this Articlework.
49.2 Notwithstanding clause 49.1, 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 indemnified for 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 completion of any grievance and arbitration process that may be initiated, disciplined in which event the member shall not be eligible for indemnification hereunder. 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 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 counsel collectively for all members identified as witnesses will be indemnified with respect to that investigation. Notwithstandingparagraphs and the Board may refuse payment otherwise authorized under paragraph or clause 49.1 where the actions of the member officer 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. When police officer.
49.3 Where a member is a defendant in a civil action for damages because of acts done during tour of duty in the attempted performance in good faith of his/her duties as a member police officer, and the action is not defended by the insurance carrier of the Service Regional Municipality of Niagara or otherwise, he/she shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such an action in the followingcircumstances following circumstances only:
i. Where the Chief of Police is not joined in the action as a party pursuant to section 50 of the Police Services Act, or the Chief of Police does not defend the action on behalf of himself/herself and of the member as joint tort-feasors at the Board's sole expense.
ii. Where the Chief of Police is joined as a party and the Board elects to defend the action, but the solicitor retained on behalf of the Board is of the view that it would be improper for him/her to act for both the Chief of Police and the member in that action. The Board shall decide if additional counsel shall be retained with respect to the indemnification provisions of this Article.
49.3.1 A member who is a suspect in a criminal investigation shall be granted legal indemnification on the terms set out in this article beginning at the point in the criminal investigation where a caution is to be given to the member.
49.4 A member of the Police Service who is requested or subpoenaed to appear before an inquiry initiated under Section 25 or Section 26 of the Police Services Act, or whose conduct is called into question as a result of a citizen's complaint or in the course of an inquiry under the Coroner's Act, the Public Inquiries Act or a Royal Commission, because of acts done in the attempted performance in good faith of a member's duties as a police officer, shall be indemnified by the Niagara Police Board for the necessary and reasonable legal costs incurred in representing his/her interests in such an inquiry on the following conditions:
49.4.1 Where one or more than one member of the Police Service is subpoenaed or requested to appear, other than the Chief of Police, in such a case there shall be only one counsel representing the members of the Police Service, excluding the Chief of Police, and;
49.4.2 Where the counsel representing the members of the Service, excluding the Chief of Police, is of the opinion that it would be improper for him/her to act for both the member and the other members of the Service, he/she shall notify the Board forthwith of such concerns. The Board shall decide if additional counsel shall be retained with respect to the indemnification provisions of this Article, and;
49.4.3 If the Board has retained counsel in such proceedings, the Board’s solicitor will provide advice to, and represent, any member or members who are requested to appear, or who are subpoenaed, or whose conduct is called into question for the reasons set out in 49.4 unless the Board’s solicitor determines that a conflict of interest exists. If such conflict exists, then the provisions of 49.4.1 and 49.4.2 apply. The Board shall decide, based on the advice of its solicitor, if additional counsel shall be retained with respect to the indemnification provisions of this article.
49.4.4 A member or members of the Service shall not be indemnified unless they are found not guilty of misconduct in the proceeding for which legal indemnification is sought.
49.4.5 A member or members of the Service shall not be indemnified for such legal costs if such indemnification, in the opinion of the Board, would reduce respect for law enforcement in the Regional Municipality of Niagara.
49.5 In the event that a member intends to apply to the Board for indemnification pursuant to the provisions of this Article, the following shall apply:
49.5.1 The member shall, within thirty (30) days of being charged or of receiving notice of other legal proceedings provided for in this article, apply in writing to the Chief of Police or his designee for approval to retain counsel or a paralegal and for the approval of the counsel or paralegal to be so retained.
49.5.2 In the event of any dispute concerning the counsel or paralegal to be retained, the matter shall be resolved by an officer designated by the Chief of Police and a member of the Association Executive designated for that purpose.
49.5.3 The application of the member for indemnification shall include:
i. a fee schedule provided by the lawyer or paralegal setting out his or her hourly rate, and confirming that the fees will be charged at the lesser of the lawyer or paralegal’s normal hourly rate, or $260.00 for a lawyer, increasing to $275.00 per hour effective August 8, 2013 or $90.00 for a paralegal;
ii. an estimate, where practicable, of the total charges that will be incurred in the matter, and
iii. the lawyer or xxxxxxxxx's undertaking to submit monthly statements to the Board showing the time spent and the charges incurred on the file during the month. If the application is approved, the Board reserves the right to refuse payment of the lawyer or paralegal’s account if the counsel or paralegal fails to submit monthly statements in accordance with subparagraph (iii) above, provided that it has given 30 days written notice of its intention to do so to the lawyer or paralegal, with a copy to the Association, and the lawyer or paralegal has not remedied the situation prior to the expiry of the 30 days.
49.5.4 The Board has the right to negotiate fees with the lawyer or paralegal to be retained, and the affected member has the right to be present during the fee negotiations.
49.5.5 There shall be a cap on the legal fees of $260.00 per hour, increasing to $275.00 per hour effective August 8, 2013. In addition, a lawyer may charge for travel time at the rate of $130.00 per hour, to a maximum of four (4) hours per day.
49.6 For greater certainty, members shall not be indemnified for legal costs arising from:
49.6.1 grievances or complaints under the Collective Agreement between the Board and the Association or under the Police Services Act;
49.6.2 the actions or omissions of members acting in their capacity as private citizens;
49.6.3 discipline charges under the Police Services Act and Regulations.
49.7 For the purpose of this provision, a member shall not be deemed to be "finally acquitted" if, as a result of charges laid, he/she is subsequently found guilty of, or pleads guilty to, other charges arising out of the same incident or incidents.
49.8 For the purpose of this provision "necessary and reasonable legal costs" shall be based on the account rendered by the solicitor or paralegal performing the work, subject to taxation by an assessment officer of the Supreme Court of Ontario. If the General Counsel for the Association attends at a S.I.U. call outside normal business hours in circumstances where outside counsel is unavailable or there is a conflict that requires more than one counsel, the Association will be reimbursed at the rate of $150.00 per hour.
49.9 In the cases of aggravated assault, assault causing bodily harm or the included offence of ordinary assault, the indemnification referred to in clause 49.1 shall be limited to only those fees that would have reasonably been incurred if the matter was tried in Provincial Court unless the officer first obtains permission to elect to be tried by any other court. To obtain the said approval of the Board, the officer shall make an application in writing to the Chief of Police and the decision shall be at the discretion of the Niagara Regional Police Services Board.
49.10 Subject to other provisions of this Article, a member who is the Subject Officer in a Special Investigations Unit (S.I.U.) investigation may make application for legal indemnification subject to and upon the receipt of a final determination or recommendation by S.I.U. that criminal charges or other punitive actions will not be initiated or pursued.
49.11 A member who is required as a witness by the Special Investigations Unit (S.I.U.) in the course of an investigation into the conduct of another member shall be indemnified for the necessary legal costs incurred by the member as a witness.
49.12 A member or members of the Service will be indemnified for the necessary and reasonable associated costs, including but not limited to, hotel, meals and airfare, which result from any criminal, statutory or civil matters arising out of the member's deployment outside of the Region and/or to another Police Service or agency if the member is entitled to legal indemnification under this Agreement in relation to the same matters.
Appears in 1 contract
Samples: Collective Agreement
LEGAL INDEMNIFICATION. 19.01 Subject to the other provisions of this Article, a member Sworn Member charged with but not found guilty and finally acquitted of a criminal or statutory offence, because of acts done in the attempted performance in good faith of duties as a member of the Service, 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. Subject to .
19.02 Notwithstanding clause 19.01, the other provisions Board may authorize payment of this Article, a member who is not charged with a criminal or statutory offence but who has been the subject necessary and reasonable legal costs of a criminal investigation Member pleading or being found guilty of an offence described in 19.01, where the court, instead of convicting the accused, grants an absolute discharge, provided that the Board accepts the recommendation of the Chief of Police, or an officer designated by him to make such a recommendation, that the Sworn Member's actions as a Police Officer in the course of performing the duties were motivated by an intent to do lawful duty, that such actions do not constitute any of the actions described in clause 19.03 hereof, and that such indemnification will not in the opinion of the Board reduce respect for law enforcement in the City of North Bay.
19.03 Notwithstanding clause 19.01, the Board may refuse payment otherwise authorized under clause 19.01 where the actions of the officer from which the charges arose amounted to a gross dereliction of duty or deliberate abuse of powers as a police officer.
19.04 Where a Sworn Member is a defendant in a civil action for damages because of acts done in the attempted performance in good faith of duties as a member of the Service shall indemnified for necessary and reasonable legal costs incurred by the member during that investigation unlesspolice officer, arising from or as a result of such investigation, the member is, after completion of any grievance and arbitration process that may be initiated, disciplined in which event the member shall not be eligible for indemnification hereunder. 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 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 counsel collectively for all members identified as witnesses will be indemnified with respect to that investigation. Notwithstandingparagraphs and the Board may refuse payment otherwise authorized under paragraph or where the actions of the member from which the charges or investigation arose amounted to a gross dereliction of duty or deliberate abuse of 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 attempted performance in good faith of duties 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 followingcircumstances following circumstances only:
(a) Where the Chief of Police is not joined in the action as a party pursuant to section 24(1) of the Police Services Act, and the Chief of Police does not defend the action on behalf of himself and the Sworn Member as joint tortfeasors at the Board's sole expense.
(b) 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 Sworn Member is of the view that it would be improper to act for both the Chief of Police and the Sworn Member in that action.
19.05 A Sworn Member whose conduct is called into question in the course of an inquiry under the Coroners Act because of acts done in the attempted performance in good faith of the duties as a police officer shall be indemnified for the necessary and reasonable legal costs incurred in representing the interest in any such inquest in the following circumstances only:
(a) Where the Chief of Police and/or the Board does not provide counsel to represent the Sworn 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 Sworn Member is of the opinion that it would be improper to act for both the Chief of Police or the Board and the Sworn Member in that action.
19.06 Where a Sworn Member intends to apply to the Board for indemnification hereunder, the Sworn Member shall, within thirty (30) days of being charged or receiving notice of other legal proceedings covered herein, or receiving notice that the Sworn Member will not be represented by counsel retained by the Chief of Police and/or the Board, apply in writing to the Chief of Police or to the officer designated by the Chief of Police to deal with such applications for approval to retain counsel and approval of the counsel to be so retained. In the event of any dispute concerning the counsel to be retained, the matter shall be resolved by the Chief and a Sworn Member of the Association Executive designated for that purpose.
19.07 Where the Chief of Police, pursuant to Board policy, elects to provide legal counsel to defend a Sworn 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 Sworn Member nor the Board may rely upon the other provisions of this policy.
19.08 For greater certainty, Sworn Members shall not be indemnified for legal costs arising from:
(1) grievances or complaints under the Collective Agreement between the Board and the Association or under the Police Services Act;
(2) the actions or omissions of Sworn Members acting in their capacity as private citizens;
(3) discipline charges under the Police Services Act and regulations thereunder.
(4) Notwithstanding 19.08 (3), the Board may authorize payment of necessary and reasonable legal expenses for discipline charges, after the Board has heard the recommendation of the Chief of Police and the submissions of the Association, as to whether the discipline charges did or did not arise out of a gross and deliberate misstatement of the circumstances on which the charge was laid provided that such payment will not, in the opinion of the Board, reduce respect for law enforcement in the City of North Bay. (1996)
19.09 For the purposes of this provision, a Sworn Member shall not be deemed to be "finally acquitted" if, as a result of charges laid, he/she is subsequently found guilty of, or pleads guilty to, other charges arising out of the same incident or incidents, but nothing in this clause will disentitle the Sworn Member to consideration under clause 19.02 hereof.
19.10 For the purposes of this provision, "necessary and reasonable legal costs" shall be based on the account rendered by the solicitor performing the work, subject initially to the approval of the "Corporation" Solicitor and, in the case of dispute between the Solicitor doing the work and the "Corporation” Solicitor, taxation on a solicitor and client basis by a taxing officer.
19.11 Notwithstanding the provisions of Article 19 the Board recognizes the necessity of providing immediate legal advice to any officer who as a result of his/her duties may be directly involved in an occurrence as referred to under the provisions of Part VII of the Police Services Act. The Board therefore agrees that legal counsel, as approved by the Association, for up to three (3) hours of time per officer, shall be provided at the Board’s expense immediately after said occurrence for the purpose of providing immediate legal advice and guidance to all officers directly involved. (1996)
Appears in 1 contract
Samples: Collective Bargaining Agreement
LEGAL INDEMNIFICATION. 19.01 Subject to the other provisions of this Article, a member Sworn Member charged with but not found guilty and finally acquitted of a criminal or statutory offence, because of acts done in the attempted performance in good faith of duties as a member of the Service, 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. Subject to .
19.02 Notwithstanding clause 19.01, the other provisions Board may authorize payment of this Article, a member who is not charged with a criminal or statutory offence but who has been the subject necessary and reasonable legal costs of a criminal investigation Member pleading or being found guilty of an offence described in 19.01, where the court, instead of convicting the accused, grants an absolute discharge, provided that the Board accepts the recommendation of the Chief of Police, or an officer designated by the Chief of Police to make such a recommendation, that the Sworn Member's actions as a Police Officer in the course of performing the duties were motivated by an intent to do lawful duty, that such actions do not constitute any of the actions described in clause 19.03 hereof, and that such indemnification will not in the opinion of the Board reduce respect for law enforcement in the City of North Bay.
19.03 Notwithstanding clause 19.01, the Board may refuse payment otherwise authorized under clause 19.01 where the actions of the officer from which the charges arose amounted to a gross dereliction of duty or deliberate abuse of powers as a police officer.
19.04 Where a Sworn Member is a defendant in a civil action for damages because of acts done in the attempted performance in good faith of duties as a member of the Service shall indemnified for necessary and reasonable legal costs incurred by the member during that investigation unlesspolice officer, arising from or as a result of such investigation, the member is, after completion of any grievance and arbitration process that may be initiated, disciplined in which event the member shall not be eligible for indemnification hereunder. 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 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 counsel collectively for all members identified as witnesses will be indemnified with respect to that investigation. Notwithstandingparagraphs and the Board may refuse payment otherwise authorized under paragraph or where the actions of the member from which the charges or investigation arose amounted to a gross dereliction of duty or deliberate abuse of 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 attempted performance in good faith of duties 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 followingcircumstances following circumstances only:
(a) Where the Chief of Police is not joined in the action as a party pursuant to section 24(1) of the Police Services Act, and the Chief of Police does not defend the action on behalf of themselves and the Sworn Member as joint tortfeasors at the Board's sole expense.
(b) 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 Sworn Member is of the view that it would be improper to act for both the Chief of Police and the Sworn Member in that action.
19.05 A Sworn Member whose conduct is called into question in the course of an inquiry under the Coroners Act because of acts done in the attempted performance in good faith of the duties as a police officer shall be indemnified for the necessary and reasonable legal costs incurred in representing the interest in any such inquest in the following circumstances only:
(a) Where the Chief of Police and/or the Board does not provide counsel to represent the Sworn 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 Sworn Member is of the opinion that it would be improper to act for both the Chief of Police or the Board and the Sworn Member in that action.
19.06 Where a Sworn Member intends to apply to the Board for indemnification hereunder, the Sworn Member shall, within thirty (30) days of being charged or receiving notice of other legal proceedings covered herein, or receiving notice that the Sworn Member will not be represented by counsel retained by the Chief of Police and/or the Board, apply in writing to the Chief of Police or to the officer designated by the Chief of Police to deal with such applications for approval to retain counsel and approval of the counsel to be so retained. In the event of any dispute concerning the counsel to be retained, the matter shall be resolved by the Chief and a Sworn Member of the Association Executive designated for that purpose.
19.07 Where the Chief of Police, pursuant to Board policy, elects to provide legal counsel to defend a Sworn 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 Sworn Member nor the Board may rely upon the other provisions of this policy.
19.08 For greater certainty, Sworn Members shall not be indemnified for legal costs arising from:
(1) grievances or complaints under the Collective Agreement between the Board and the Association or under the Police Services Act;
(2) the actions or omissions of Sworn Members acting in their capacity as private citizens;
(3) discipline charges under the Police Services Act and regulations thereunder.
(4) Notwithstanding 19.08 (3), the Board may authorize payment of necessary and reasonable legal expenses for discipline charges, after the Board has heard the recommendation of the Chief of Police and the submissions of the Association, as to whether the discipline charges did or did not arise out of a gross and deliberate misstatement of the circumstances on which the charge was laid provided that such payment will not, in the opinion of the Board, reduce respect for law enforcement in the City of North Bay. (1996)
19.09 For the purposes of this provision, a Sworn Member shall not be deemed to be "finally acquitted" if, as a result of charges laid, they are subsequently found guilty of, or plead guilty to, other charges arising out of the same incident or incidents, but nothing in this clause will disentitle the Sworn Member to consideration under clause 19.02 hereof.
19.10 For the purposes of this provision, "necessary and reasonable legal costs" shall be based on the account rendered by the solicitor performing the work, subject initially to the approval of the "Corporation" Solicitor and, in the case of dispute between the Solicitor doing the work and the "Corporation” Solicitor, taxation on a solicitor and client basis by a taxing officer.
19.11 Notwithstanding the provisions of Article 19 the Board recognizes the necessity of providing immediate legal advice to any officer who as a result of their duties may be designated as either a subject or witness officer in an occurrence as referred to under the provisions of Part VII of the Police Services Act. The Board therefore agrees that legal counsel, as approved by the Association, for up to eight (8) hours of time per subject or witness officer, shall be provided at the Board’s expense for the purpose of providing legal advice and guidance to all officers so designated. If an officer consults legal counsel prior to being designated as either a subject or witness officer, the officer shall be solely responsible to pay for such consultation. If later designated as a subject or witness officer, the Board shall pay for such consultation as set out herein.(2011)
19.12 Notwithstanding Article 19.08 and subject to the other provisions of Article 19, the Board shall indemnify a member for the necessary and reasonable legal costs incurred where the member is the subject (not a witness) of a Hearing under Part V as a result of a decision by the Ontario Civilian Police Commission (OCPC) or the Office of the Independent Review Director (OIPRD) to overturn a finding of no misconduct by the Chief of Police. (2015)
Appears in 1 contract
Samples: Collective Bargaining Agreement
LEGAL INDEMNIFICATION. 18:01 Subject to the other provisions of this Article, a member an employee charged with but not found guilty and finally acquitted of a criminal or statutory offenceoffence arising from the performance or attempted performance, because of acts done in the attempted performance in good faith faith, of his/her duties as a member of the Service, shall be indemnified for the necessary and reasonable legal costs incurred by the member during the investigation of the incident that resulted in those charges being laid and for the necessary and reasonable legal costs incurred by the member in the defence of such charges. 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 indemnified for 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 completion of any grievance and arbitration process that may be initiated, disciplined in which event the member shall not be eligible for indemnification hereunder. 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 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 counsel collectively for all members identified as witnesses will be indemnified with respect to that investigation. Notwithstandingparagraphs and the Board may refuse payment otherwise authorized under paragraph or where the actions of the member from which the charges or investigation arose amounted to a gross dereliction of duty or deliberate abuse of 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 attempted performance in good faith of duties as a member an employee of the Service shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such charges.
18:02 Notwithstanding clause 18:01, the Board may refuse payment otherwise authorized under clause 18:01 where the actions of the employee from which the charges arose amounted to a gross dereliction of duty or deliberate abuse of his/her powers as an employee of the Service.
18:03 Where an employee is a defendant in a civil action, or other matters for which damages and/or other remedies are sought because of acts done in the performance or attempted performance in good faith of his/her duties, he/she shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such an action and any related damage awards in the followingcircumstances following circumstances only:
(a) Where the Board is not joined in the action as a party pursuant to the Police Services Act, or the Board does not defend the action on behalf of both itself and the employee as joint tortfeasors at the Board’s sole expense; or,
(b) Where the Board is joined as a party and elects to defend the action, but the Solicitor retained on behalf of the Board and the employee is of the view that it would be improper for him/her to act for both the Board and the employee in that action.
18:04 An employee whose conduct is called into question in the course of an action, inquiry, public hearing, inquest, or royal commission or the initial phase of an investigation by the Special Investigations Unit under Part VII of the Police Services Act, because of acts done in the performance or attempted performance in good faith of his/her duties shall be indemnified for the necessary and reasonable legal costs incurred in representing his/her interests in any such inquest in the following circumstances only:
(i) Where the Chief and/or the Board does not provide counsel to represent the employee at the inquiry, public hearing, action, inquest, royal commission or initial phase of an investigation by the SIU, at the Board’s expense; or,
(ii) Where the Counsel provided by the Chief or the Board to represent either or both of them along with the employee is of the opinion that it would be improper for him/her to act for both the Chief or the Board and the employee in that inquiry.
(a) Where an employee intends to apply to the Board for indemnification hereunder, the employee shall, within thirty (30) days of being charged or receiving notice of other legal proceedings covered herein, or receiving notice that he/she will not be represented by counsel retained by the Chief and/or the Board, apply in writing to the Chief or to the officer designated by the Chief to deal with such applications for approval to retain counsel and approval of the counsel to be so retained. In the event of any dispute concerning the Counsel to be retained, the matter shall be resolved by an officer designated by the Chief and a member of the Association Executive designated for that purpose.
(b) When an employee advises his/her Unit Commander, in accordance with the Regulations of the Ottawa Police Service, that he/she has been charged or has received notice of other proceedings covered hereunder, the Unit Commander will direct the employee to a member of the Executive of the Association who will advise the employee of the requirement to apply for indemnification within thirty (30) days.
18:06 For greater certainty, employees shall not be indemnified for legal costs arising from:
(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; and,
(c) Discipline charges under the Police Services Act and regulations thereunder.
18:07 For the purposes of this Article an employee:
(a) Shall be deemed to have been found “not guilty” where he/she is finally acquitted, where the charges are withdrawn or where he/she is discharged following a preliminary inquiry and where the court, instead of convicting the accused, grants him/her an absolute discharge, provided that the Board accepts the recommendation of the Chief, or an officer designated by him/her to make such a recommendation that the employee’s actions, in the course of their employment, were motivated by an intent to do his/her lawful duty, that such actions do not constitute any of the actions described in 18:02 hereof, and that such indemnification will not, in the opinion of the Board, reduce respect for law enforcement in the City of Ottawa; and
(b) Shall be deemed to have been found “guilty” where the employee is given a 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.
18:08 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 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. This clause also includes costs associated to a licensed paralegal, should the Association choose this service.
18:09 For the purpose of this Article, a reference to any Act shall be deemed to include any Act that in the future is enacted in place of the Act referred to in this Article and shall include new legislation, additions or addendums.
18:10 For the purpose of this Article, the necessary and reasonable legal costs incurred by an employee for which provision of legal indemnification is made shall be deemed to have been incurred by the employee himself/herself, save and except in circumstances where the employee has received financial assistance in respect thereof from the Association. Where the Association has provided the employee with financial assistance, any and all reimbursements shall be made directly to the Association. It is understood that, to the extent necessary to account for legal costs where such costs are to be approved by the Board, dockets/notations set out in those documents that would otherwise reveal information that would be privileged on a solicitor/client basis may be generalized.
18:11 Where an employee has applied pursuant to clause 18:05, upon application to the Board, the Board may provide an advance payment for the employee’s necessary and reasonable legal costs as those costs are incurred. Any consideration in this regard would be solely at the discretion of the Board on such conditions and in an amount determined by the Board.
18:12 All provisions of this article shall apply to active members of the Association and members who have retired from the Service and the situation or incident occurred when they were an active member.
Appears in 1 contract
Samples: Collective Agreement
LEGAL INDEMNIFICATION. 29.01 Subject to the other provisions of this Article, a member charged with but not found guilty and finally acquitted of a criminal or statutory offence, because of acts done in the attempted performance performance, in good faith faith, of their duties as a police officer, shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such charges.
29.02 Notwithstanding clause 29.01, the Board may authorize payment of necessary and reasonable legal costs of a member pleading or being found guilty of an offence described in clause 29.01 where the court, instead of convicting the accused, grants the member an absolute discharge, provided that the Board accepts the recommendation of the Chief of Police or designee to make such a recommendation, that the member's actions as a police officer in the course of performing their duties were motivated by an intent to do their lawful duty, that such actions do not constitute any of the actions described in clause 29.04 hereof, and that such indemnification will not in the opinion of the Board reduce respect for law enforcement in the City of Xxxx Sound.
29.03 Police Officers retiring after January 1, 2009 who are charged with and finally acquitted of a criminal or statutory offence because of acts done in the attempted performance, in good faith, of their duties as a police officer with the Xxxx Sound Police Service, shall 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. Subject to the other provisions of this Article.
29.04 Notwithstanding clause 29.01, 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 indemnified for 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 completion of any grievance and arbitration process that may be initiated, disciplined in which event the member shall not be eligible for indemnification hereunder. 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 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 counsel collectively for all members identified as witnesses will be indemnified with respect to that investigation. Notwithstandingparagraphs and the Board may refuse payment otherwise authorized under paragraph or clause 29.01 where the actions of the member officer from which the charges or investigation arose amounted to a gross dereliction of duty or deliberate abuse of their powers as a member of the Service. When police officer.
29.05 Where a member is a defendant in a civil action for damages because of acts done during tour of duty in the attempted performance in good faith of their duties as a member of the Service police officer, they shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such an action in the followingcircumstances following circumstances only:
(i) Where the Chief of Police and/or the Xxxx Sound Police Services Board is not joined in the action as a party pursuant to the Police Services Act, and the Chief of Police and/or the Xxxx Sound Police Services Board does not defend the action on behalf of himself/herself and/or themselves and of the member as joint tortfeasors at the Board's sole expense; or
(ii) 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 this member is of the view that it would be improper for them to act for both the Chief of Police and the member in that action.
29.06 A member 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 their duties as a police officer shall be indemnified for the necessary and reasonable legal costs incurred in representing their interests in any such inquest in the following circumstances only:
(i) 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
(ii) 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 them to act for both the Chief of Police or the Board and the member in that action.
29.07 Where a member intends to apply to the Board for indemnification hereunder, the member shall, within thirty (30) days of being charged or receiving notice of other legal proceedings covered herein, or receiving notice that they will not be represented by counsel retained by the Chief of Police and/or the Board, apply in writing to the Chief of Police or to the officer designated by the Chief of Police to deal with such applications for approval to retain counsel and approval of the counsel to be so retained. In the event of any dispute concerning the counsel to be retained, the matter shall be resolved by an officer designated by the Chief and a member of the Association Executive designated for that purpose. If these two people are unable to agree on the counsel to be retained, they will refer the matter either to a third-party chosen by them, or to an arbitrator selected by the Ontario Police Arbitration Commission.
29.08 Where the Chief of Police, pursuant to Board policy, elects to provide legal counsel to defend a member in any legal proceeding covered by this Article, the cost of such counsel is the Board's responsibility irrespective of the outcome of the proceedings and neither the member nor the Board may rely upon the other Articles of this Agreement.
29.09 For greater certainty, members shall not be indemnified for legal cost arising from:
(i) grievances or complaints under the Collective Agreement between the Board and the Association or under the Police Services Act;
(ii) the actions or omissions of members acting in their capacity as private citizens; or
(iii) discipline charges under the Police Services Act and Regulations thereunder.
29.10 Members of the Service who are deemed to be subject officers in an investigation being conducted by the Special Investigations Unit (S.I.U.) shall be entitled to legal counsel from the outset of such designation by the S.I.U. for the length of such investigation. In cases where a member is charged with a criminal offence, clauses 29.01 and 29.02 of this Article will be in effect. Where a member is deemed to be a witness officer in an investigation being conducted by the S.I.U. they shall be entitled to legal counsel paid by the Board to a maximum of four hours to seek advice and/or legal representation at any subsequent interviews. Nothing in this clause shall negate a member's duty as per the Police Services Act with regard to the S.I.U.'s mandate.
29.11 The Board agrees to indemnify the Xxxx Sound Police Association for reasonable legal costs incurred on behalf of the members who are required to attend and give evidence at a Public Inquiry constituted under the provisions of the Police Services Act, the Public Inquiries Act or otherwise, provided that the Association is not the focus of the inquiry.
29.12 The Board retains the right at its sole discretion to provide legal counsel to any member at its expense in any other situation where the Board deems it to be in their interest to have member(s) represented.
Appears in 1 contract
Samples: Collective Bargaining Agreement
LEGAL INDEMNIFICATION. 19.01 Subject to the other provisions of this Article, a member Sworn Member charged with but not found guilty and finally acquitted of a criminal or statutory offence, because of acts done in the attempted performance in good faith of duties as a member of the Service, 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. Subject to .
19.02 Notwithstanding clause 19.01, the other provisions Board may authorize payment of this Article, a member who is not charged with a criminal or statutory offence but who has been the subject necessary and reasonable legal costs of a criminal investigation Member pleading or being found guilty of an offence described in 19.01, where the court, instead of convicting the accused, grants an absolute discharge, provided that the Board accepts the recommendation of the Chief of Police, or an officer designated by him to make such a recommendation, that the Sworn Member's actions as a Police Officer in the course of performing the duties were motivated by an intent to do lawful duty, that such actions do not constitute any of the actions described in clause 19.03 hereof, and that such indemnification will not in the opinion of the Board reduce respect for law enforcement in the City of North Bay.
19.03 Notwithstanding clause 19.01, the Board may refuse payment otherwise authorized under clause 19.01 where the actions of the officer from which the charges arose amounted to a gross dereliction of duty or deliberate abuse of powers as a police officer.
19.04 Where a Sworn Member is a defendant in a civil action for damages because of acts done in the attempted performance in good faith of duties as a member of the Service shall indemnified for necessary and reasonable legal costs incurred by the member during that investigation unlesspolice officer, arising from or as a result of such investigation, the member is, after completion of any grievance and arbitration process that may be initiated, disciplined in which event the member shall not be eligible for indemnification hereunder. 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 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 counsel collectively for all members identified as witnesses will be indemnified with respect to that investigation. Notwithstandingparagraphs and the Board may refuse payment otherwise authorized under paragraph or where the actions of the member from which the charges or investigation arose amounted to a gross dereliction of duty or deliberate abuse of 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 attempted performance in good faith of duties 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 followingcircumstances following circumstances only:
(a) Where the Chief of Police is not joined in the action as a party pursuant to section 24(1) of the Police Services Act, and the Chief of Police does not defend the action on behalf of himself and the Sworn Member as joint tortfeasors at the Board's sole expense.
(b) 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 Sworn Member is of the view that it would be improper to act for both the Chief of Police and the Sworn Member in that action.
19.05 A Sworn Member whose conduct is called into question in the course of an inquiry under the Coroners Act because of acts done in the attempted performance in good faith of the duties as a police officer shall be indemnified for the necessary and reasonable legal costs incurred in representing the interest in any such inquest in the following circumstances only:
(a) Where the Chief of Police and/or the Board does not provide counsel to represent the Sworn 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 Sworn Member is of the opinion that it would be improper to act for both the Chief of Police or the Board and the Sworn Member in that action.
19.06 Where a Sworn Member intends to apply to the Board for indemnification hereunder, the Sworn Member s hall, within thirty (30) days of being charged or receiving notice of other legal proceedings covered herein, or receiving notice that the Sworn Member will not be represented by counsel retained by the Chief of Police and/or the Board, apply in writing to the Chief of Police or to the officer designated by the Chief of Police to deal with such applications for approval to retain counsel and approval of the counsel to be so retained. In the event of any dispute concerning the counsel to be retained, the matter shall be resolved by the Chief and a Sworn Member of the Association Executive designated for that purpose.
19.07 Where the Chief of Police, pursuant to Board policy, elects to provide legal counsel to defend a Sworn 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 Sworn Member nor the Board may rely upon the other provisions of this policy.
19.08 For greater certainty, Sworn Members shall not be indemnified for legal costs arising from:
(1) grievances or complaints under the Collective Agreement between the Board and the Association or under the Police Services Act;
(2) the actions or omissions of Sworn Members acting in their capacity as private citizens;
(3) discipline charges under the Police Services Act and regulations thereunder.
(4) Notwithstanding 19.08 (3), the Board may authorize payment of necessary and reasonable legal expenses for discipline charges, after the Board has heard the recommendation of the Chief of Police and the submissions of the Association, as to whether the discipline charges did or did not arise out of a gross and deliberate misstatement of the circumstances on which the charge was laid provided that such payment will not, in the opinion of the Board, reduce respect for law enforcement in the City of North Bay. (1996)
19.09 For the purposes of this provision, a Sworn Member shall not be deemed to be "finally acquitted" if, as a result of charges laid, he/she is subsequently found guilty of, or pleads guilty to, other charges arising out of the same incident or incidents, but nothing in this clause will disentitle the Sworn Member to consideration under clause 19.02 hereof.
19.10 For the purposes of this provision, "necessary and reasonable legal costs" shall be based on the account rendered by the solicitor performing the work, subject initially to the approval of the "Corporation" Solicitor and, in the case of dispute between the Solicitor doing the work and the "Corporation” Solicitor, taxation on a solicitor and client basis by a taxing officer.
19.11 Notwithstanding the provisions of Article 19 the Board recognizes the necessity of providing immediate legal advice to any officer who as a result of his/her duties may be directly involved in an occurrence as referred to under the provisions of Part VII of the Police Services Act. The Board therefore agrees that legal counsel, as approved by the Association, for up to thre e (3) hours of time per officer, shall be provided at the Board’s expense immediately after said occurrence for the purpose of providing immediate legal advice and guidance to all officers directly involved. (1996)
19.12 Notwithstanding Article 19.08 and subject to the other provisions of Article 19, the Board shall indemnify a member for the necessary and reasonable legal costs incurred where the member is the subject (not a witness) of a Hearing under Part V as a result of a decision by the Ontario Civilian Commission on Policing Services (OCCOPS) to overturn a finding of no misconduct by the Chief of Police. (2004)
Appears in 1 contract
Samples: Collective Bargaining Agreement
LEGAL INDEMNIFICATION.
a) Subject to the other provisions of this Article, a member members charged with but not found guilty and finally acquitted of a criminal or statutory offence, because of acts done in the attempted performance in good faith of duties their duties, as police officers whether or not they were on a member tour of duty at the Servicetime, 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. Subject .
b) Notwithstanding clause (a), the Board may refuse payment otherwise authorized under clause (a) where the actions of officers from which charges arose amounted to a gross dereliction of duty or deliberate abuse of their powers as police officers.
c) Consistent with Section 50(2)(a) of the other provisions of this ArticlePolice Services Act, where members are defendants in a member who is not charged with a criminal or statutory offence but who has been the subject of a criminal investigation civil action for damages because of acts done in the attempted performance in good faith of their duties as a member of the Service shall indemnified for 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 completion of any grievance and arbitration process that may be initiated, disciplined in which event the member shall not be eligible for indemnification hereunder. 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 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 counsel collectively for all members identified as witnesses will be indemnified with respect to that investigation. Notwithstandingparagraphs and the Board may refuse payment otherwise authorized under paragraph or where the actions of the member from which the charges or investigation arose amounted to a gross dereliction of duty or deliberate abuse of 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 attempted performance in good faith of duties as a member of the Service police officers they shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such an action in the followingcircumstances following circumstances only:
(i) Where the Board is not joined as a party to the action, and the Board does not defend the action on behalf of itself or,
(ii) The Board is joined as a party or it elects to defend on behalf of itself and the member, but the solicitor retained by the Board to act on behalf of it and the member, is of the opinion that it would not be prudent to act for both the Board and the member.
d) Members whose conduct is called into question in the course of an inquiry under the Coroners Act because of acts done in the attempted performance in good faith of their duties as police officers shall be indemnified for the necessary and reasonable legal costs incurred in representing their interests in any such inquest in the following circumstances only:
(i) 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
(ii) 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 to act for both the Chief of Police or the Board and the member in that action.
e) Where members intend to apply to the Board for indemnification hereunder, the member shall, within thirty (30) days of being charged or receiving notice of other legal proceedings covered herein, or receiving notice that they will not be represented by counsel retained by the Chief of Police and/or the Board, apply in writing, setting out the clause under which indemnification is sought and setting out the members position in relation to the attempted performance in good faith of their duties as police officers whether or not they were on a tour of duty at the time, 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.
f) Where the Chief of Police, pursuant to Board policy, elects to provide legal counsel to defend members in any legal proceeding covered by this provision, the cost of such counsel is the Board’s responsibility irrespective of the outcome of the proceedings and neither the member nor the Board may rely upon the other provisions of this policy.
g) For greater certainty, members shall not be indemnified for legal costs arising from:
(i) grievances or complaints under the collective agreement between the Board and the Association or under the Police Services Act;
(ii) the actions or omissions of members acting in their capacity as private citizens;
(iii) subject to clause (f) discipline charges under the Police Services Act and regulations thereunder.
h) For the purposes of this provision, members shall not be deemed to be “finally acquitted” if as a result of charges laid they are subsequently found guilty of, or pleads guilty to, other charges arising out of the same incident or incidents, but nothing in this clause will disentitle the member to consideration under clause (b) hereof.
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 solicitor acting on behalf of the Peterborough Police Services Board and, in the case of dispute between the solicitor doing the work and the Board’s solicitor, then the amount fixed by the assessment officer following an assessment of the account rendered by the solicitor performing the work under the Solicitors Act, R.S.O. 1990, c.S.15 as amended.
j) Effective December 10th 2020, members who become a subject official in a Special Investigations Unit investigation are entitled to, up to seven thousand five hundred dollars ($7500.00) for the purposes of necessary and reasonable legal costs as set out in article 20(i). Notwithstanding the above, where a Member received indemnification, and is subsequently found guilty of a criminal offence, all monies provided under this clause may be recovered by the Police Services Board.
k) Effective December 10th 2020, members who become a respondent officer in an Office of the Independent Police Review Director (OIPRD) ordered hearing may request reimbursement for up to seven thousand five hundred ($7,500.00) dollars for the purposes of necessary and reasonable legal costs as set out in article 20(i). Notwithstanding the above, where a member is found guilty of a Police Services Act charge, no such reimbursement shall be provided.
ARTICLE 20.1 Within six (6) months of the ratification of this Agreement, the Board agrees to meet with the Association to discuss the Service’s present document retention policies and practices with a view to addressing the concerns arising out of X. x. XxXxxx, 2009 SCC 3.
Appears in 1 contract
Samples: Collective Agreement
LEGAL INDEMNIFICATION. Subject to the other provisions of this Article, (1) The Board shall indemnify a member charged with but not found guilty of a criminal or statutory offence, because of acts done in the attempted performance in good faith of duties as a member Member of the Service, shall be indemnified Police Service for the necessary and reasonable legal costs incurred by as a result of acts done while acting in good faith in the member during performance of his duties as a Police Officer with the investigation of the incident that resulted in those charges being laid former Woodstock Police Service, Oxford Community Police Service, and for the necessary and reasonable legal costs incurred by the member /or current Woodstock Police Service:
(a) in the defence of such charges. Subject to a civil action;
(b) in the other provisions of this Article, a member who is not charged with a criminal or statutory offence but who has been the subject defence of a criminal investigation because of acts done prosecution, excluding a criminal prosecution in which the Member is finally found guilty;
(c) in the attempted performance defence of a statutory prosecution, in good faith which the Member is not convicted of duties as a member statutory offence;
(d) in respect of any other proceedings in which the Member’s manner of execution of the Service shall indemnified for necessary and reasonable legal costs incurred by the member during that investigation unless, arising from duties of his or as a result of such investigation, the member is, after completion of any grievance and arbitration process that may be initiated, disciplined her employment was in which event the member shall not be eligible for indemnification hereunder. 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 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 counsel collectively for all members identified as witnesses will be indemnified with respect to that investigation. Notwithstandingparagraphs and issue.
(2) Notwithstanding clause (1) the Board may refuse payment otherwise authorized under paragraph or clause (1) where the actions of the member 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. When Police Officer.
(3) Where a member Member is a defendant in a civil action for damages because of acts done during tour of duty in the attempted performance in good faith course of his employment or duties as a member of Police Officer with the former Woodstock Police Service, Oxford Community Police Service, and/or Woodstock Police Service shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such an action where the Board is not joined in the followingcircumstances onlyaction 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.
(4) 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:
(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) proceedings and discipline charges under the Police Services Act and regulations.
(6) For the purposes of this provision, a Member shall not be deemed to be "finally acquitted" if as a result of charges laid he is subsequently found guilty of, or pleads guilty to, other charges arising out of the same incident or incidents.
(7) For the purposes of this provision, "necessary and reasonable legal costs" shall be based on the account rendered by the solicitor performing the work, subject to the approval of the Solicitor 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 investigation.
Appears in 1 contract
Samples: Uniform Contract
