Common use of LEGAL INDEMNIFICATION Clause in Contracts

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:

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 be indemnified for the necessary and reasonable legal costs incurred by the member during that investigation unless, arising from or as a result of such investigation, the member is, after the completion of any grievance and arbitration process that may be initiated, disciplined disciplined, in which event the member shall not be eligible for indemnification hereunderindemnificationhereunder. 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 one counsel collectively for all members identified as witnesses will be indemnified with respect to that investigation. Notwithstandingparagraphs Notwithstanding paragraphs and the Board may refuse payment otherwise authorized under paragraph (a), 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 powers as a member of the Service. When a member is a defendant in a civil action for damages because of acts done during tour of duty in the 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: Where neither the Chief of Police nor the Board is joined in the action as a party pursuant to section 1) of the Police Services Act, and neither the Chief of Police nor the Board defends the action on behalf of and of the member as joint at the Board’s sole expense. for to act for both the Chief of Police the Board and the member in that action. Where the Board’s or the City of Toronto’s insurer denies legal representation based upon any in the applicable insurance contracts. A member whose conduct is called into question in the course of an inquiry under the Coroners Act because of acts done in the performance in good faith of duties as a member of the Service shall be for the necessary and reasonable legal costs incurred in representing interests in any such inquest in the following circumstances only:

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.

LEGAL INDEMNIFICATION. (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 an Employee, the Service Employee 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: (i) 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. (ii) 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 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 and reasonable legal costs incurred in representing their interest in any such inquest in the following circumstances only: (i) Where the Employer does not provide counsel to represent the Employee at the inquest at the Employer's expense; or (ii) Where the counsel provided by the Employer to represent either or both of them along with the Employee is of the opinion that it would be improper to act for both the Employer and the Employee in that action. (e) Where an Employee intends to apply to the Employer for indemnification hereunder, the Employee shall, within ten (10) days of being charged or receiving notice of other legal proceedings covered herein, or receiving notice that the Employee will not be represented by counsel retained by the Employer, apply in writing to 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: (i) grievances or complaints under this Collective Agreement; (ii) the actions or omissions of Employees acting in their capacity as private citizens unless exercising their professional training as a Good Samaritan; (iii) discipline proceedings by the Employer. (h) For the purposes of this provision, an Employee shall not be deemed to be "finally acquitted" if, as a result of charges laid, the Employee is subsequently found guilty of, or pleads guilty to, other charges out of the same incident or incidents. (i) For the purposes of this provision, "necessary and reasonable legal costs" shall be based on the account rendered by the solicitor performing the work, subject initially to the 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. (j) The Employer agrees to indemnify all Employees of the Fire Department and save them harmless from any and all civil damages caused by them during the performance of their duties, excluding willful and malicious damages.

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.

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.

LEGAL INDEMNIFICATION. (a) Subject to the other provisions of this Article, a member charged with but not found guilty of a criminal or statutory offence, because of acts done in the attempted performance in good faith of his/her duties as a member of the Service, shall be indemnified for the necessary and reasonable legal costs incurred by the member during the investigation of the incident that resulted in those charges being laid and for the necessary and reasonable legal costs incurred by the member in the defence of such charges. . (b) Subject to the other provisions of this Article, a member who is not charged with a criminal or statutory offence but who has been the subject of a criminal investigation because of acts done in the attempted performance in good faith of his/her duties as a member of the Service shall be indemnified for the necessary and reasonable legal costs incurred by the member during that investigation unless, unless arising from or as a result of such investigation (i) in the case of a police officer, the member becomes the subject of a hearing under the Police Services Act and his or her conduct is found to constitute misconduct or unsatisfactory work performance, or (ii) in the case of any other members (i.e., civilian members), the member is, after the completion of any grievance and arbitration process that may be initiated, disciplined disciplined, in which event the member shall not be eligible for indemnification hereunder. . (c) Paragraph (b) hereof also applies to members officers who, although not the subject of a criminal investigation, have incurred legal costs during the initial, on-on- site investigation by SIU. It is understood that the legal costs of one counsel for each member officer identified as a subject member officer will be indemnified and that the legal costs of one counsel collectively for all members officers identified as witnesses witness officers will be indemnified with respect to that SIU investigation. Notwithstandingparagraphs . 19:02 Notwithstanding clauses 19:01(a),(b), and (c) the Board may refuse payment otherwise authorized under paragraph paragraphs 19:01(a), (b) or (c) where the actions of the member from which the charges or investigation arose amounted to a gross dereliction of duty or deliberate abuse of his/her powers as a member of the Service. When police officer. 19:03 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/her duties as a member of the Service he/she shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such an action in the followingcircumstances following circumstances only: (a) Where neither the Chief of Police nor the Board is joined in the action as a party pursuant to section 50(1) of the Police Services Act, and neither the Chief of Police nor the Board defends the action on behalf of himself/herself and of the member as joint tortfeasors at the Board's sole expense. (b) Where the Chief of Police and/or the Board is/are joined as a party or elect(s) to defend the action, but the solicitor retained on behalf of the Chief of Police and/or the Board and the member is of the view that it would be improper for him/her to act for both the Chief of Police and/or the Board and the member in that action. 19:04 A member whose conduct is called into question in the course of an inquiry under the Coroners Act because of acts done in the performance or attempted performance in good faith of his/her duties as a member of the Service shall be indemnified for the necessary and reasonable legal costs incurred in representing his/her interests in any such inquest in the following circumstances only: (a) Where the Chief of Police and/or the Board does not provide counsel to represent the member at the inquest at the Board's expense; or (b) Where the counsel provided by the Chief of Police or the Board to represent either or both of them along with the member is of the opinion that it would be improper for him/her to act for both the Chief of Police or the Board and the member in that action. (a) Where a member intends to apply to the Board for indemnification hereunder, the member shall, within thirty days of being charged or receiving notice of other legal proceedings covered herein, or receiving notice that he/she will not be represented by counsel retained by the Chief of Police and/or the Board, apply in writing to the Chief of Police or to the officer designated by the Chief of Police to deal with such applications for approval to retain counsel and approval of the counsel to be so retained. the event of any dispute concerning the counsel to be retained, the matter shall be resolved by an officer designated by the Chief and a member of the Organization Executive designated for that purpose. (b) When a member advises his/her Superior, in accordance with the Regulations of the Service, that he/she has been charged, or has received notice of other proceedings, the Superior will advise the member in writing of the requirement to apply for indemnification within 30 days. 19:06 Where the Chief of Police, pursuant to Board policy, elects to provide legal counsel to defend a member in any legal proceeding covered by this provision, the cost of such counsel is the Board's responsibility irrespective of the outcome of the proceedings and neither the member nor the Board may rely upon the other provisions of this policy. 19:07 For greater certainty, members shall not be indemnified for legal costs arising from: (a) grievances or complaints under the Agreement between the Board and the Organization or under the Police Services Act; (b) the actions or omissions of members acting in their capacity as private citizens; 19:08 For the purpose of Clause 19:01, a member (a) 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; and arising out of the same incident or incidents. 19:09 For the purposes of this provision, "necessary and reasonable legal costs" shall be based on the account rendered by the solicitor performing the work, subject initially to the approval of the City of Toronto Solicitor and, in the case of dispute between the solicitor doing the work and the City Of Toronto Solicitor, taxation on a solicitor and client basis by the taxing officer. 19:10 For the purposes of this Article, a reference to any Act shall be deemed to include any Act that in the future is enacted in place of the Act referred to in this Article, as well as under the authority of any other Federal or Provincial Act. 19:11 For the purposes of this Article, the necessary and reasonable legal costs incurred by a member for which provision of legal indemnification is made shall be deemed to have been incurred by the member himself/herself notwithstanding that the member may have received financial assistance in respect thereof from the Organization.