Common use of LEGAL INDEMNIFICATION Clause in Contracts

LEGAL INDEMNIFICATION. 16.01 Subject to the other provisions of this Article, a member charged with and finally acquitted of a criminal or statutory offence, because of acts done while in the attempted performance in good faith of his/her duties as a police officer shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such charges. It is understood that “finally acquitted” includes charge(s) which are withdrawn by the Crown Attorney; where the Crown Attorney refuses to proceed with charge(s); or if the charge(s) are stayed (stay of proceedings) where no guilt is proven. For the avoidance of doubt, it is further understood that “finally acquitted” means no finding of guilt on any criminal or statutory offence arising from the same set of facts or transactions giving rise to the charge(s). 16.02 Notwithstanding clause 16.01, the Board may refuse payment otherwise authorized under clause 16.01 where the actions of the officer from which the charges arose amounted to a dereliction of duty or abuse of his/her powers as a police officer. 16.03 Where a Sworn Member is a defendant in a civil action for damages because of acts done in the attempted performance in good faith of duties as a police officer, the officer shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such an action in the following circumstances only: (i) where the Board is not joined in the action as a party under the Police Services Act, and the Board does not defend the action and the sworn member as joint tortfeasors at the Board’s expense.

LEGAL INDEMNIFICATION. 16.01 28:01 Subject to the other provisions of this Article, a member an employee charged with and finally acquitted of a criminal or statutory offence, because of acts done while in the attempted performance in good faith of his/her duties as a police officer an employee shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such charges. It is understood that “finally acquitted” includes charge(s) which are withdrawn by See Letter of Understanding on page 63 regarding suspensions with pay. 28:02 Notwithstanding Clause 28:01, the Crown Attorney; Board may authorize payment of necessary and reasonable legal costs of an employee pleading or being found guilty of an offence described in Clause 28:01, where the Crown Attorney refuses 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 proceed with charge(s); or if make such a recommendation, that the charge(s) are stayed (stay employee’s actions in the course of proceedings) where no guilt is proven. For performing his/her duties were motivated by an intent to do his/her lawful duty, that such actions do not constitute any of the avoidance actions described in Clause 28:03 hereof, and that such indemnification will not in the opinion of doubt, it is further understood that “finally acquitted” means no finding of guilt on any criminal or statutory offence arising from the same set of facts or transactions giving rise Board reduce respect for law enforcement to the charge(s)City of Ottawa. 16.02 28:03 Notwithstanding clause 16.01Clause 28:01, the Board may refuse payment otherwise authorized under clause 16.01 Clause 28:01 where the actions of the officer employee from which the charges arose amounted to a gross dereliction of duty or deliberate abuse of his/her powers as a police officeremployee. 16.03 28:04 Where a Sworn Member 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 a police officeran employee, the officer he/she shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such an action in the following circumstances only: : (ia) where Where the Board Chief of Police is not joined in the action as a party under as set out in the Police Services Act, and the Board 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 sworn member 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. 28:05 An employee whose conduct is called into question in the course of an inquiry under the Coroner’s Act because of acts done in the attempted performance in good faith of his/her duties as joint tortfeasors 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. 28:06 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. 28:07 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.

LEGAL INDEMNIFICATION. 16.01 Subject to the other provisions of this Article, a member charged with and finally acquitted of a criminal or statutory offence, because of acts done while in the attempted performance in good faith of his/her duties as a police officer member shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such charges. It is understood that “finally acquitted” includes charge(s) which are withdrawn by the Crown Attorney; where the Crown Attorney refuses to proceed with charge(s); or if the charge(s) are stayed (stay of proceedings) where no guilt is proven. For the avoidance of doubt, it is further understood that “finally acquitted” means no finding of guilt on any criminal or statutory offence arising from the same set of facts or transactions giving rise to the charge(s). 16.02 Notwithstanding clause 16.01, the Board may refuse payment otherwise authorized under clause 16.01 where the actions of the officer member from which the charges arose amounted to a dereliction of duty or abuse of his/her powers as a police officermember. 16.03 Where a Sworn Member is a defendant in a civil action for damages because of acts done in the attempted performance in good faith of duties as a police officermember, the officer member shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such an action in the following circumstances only: (i) where the Board is not joined in the action as a party under the Police Services Act, and the Board does not defend the action and the sworn member as joint tortfeasors at the Board’s expense.

LEGAL INDEMNIFICATION. 16.01 Subject to the other provisions of this Article, a member charged with and finally acquitted of a criminal or statutory offence, because of acts done while in the attempted performance in good faith of his/her duties as a police officer shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such charges. It is understood that “finally acquitted” includes charge(s) which are withdrawn by the Crown Attorney; where the Crown Attorney refuses to proceed with charge(s); or if the charge(s) are stayed (stay of proceedings) where no guilt is proven. For the avoidance of doubt, it is further understood that “finally acquitted” means no finding of guilt on any criminal or statutory offence arising from the same set of facts or transactions giving rise to the charge(s). 16.02 Notwithstanding clause 16.01, the Board may refuse payment otherwise authorized under clause 16.01 where the actions of the officer from which the charges arose amounted to a dereliction of duty or abuse of his/her powers as a police officer. 16.03 a) Where a Sworn Member is a defendant in a civil action for damages because of acts done in the attempted performance in good faith of duties as a police officer, the officer shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such an action in the following circumstances only: (i) where the Board is not joined in the action as a party under the Police Services Act, and the Board does not defend the action and the sworn member as joint tortfeasors at the Board’s expense.

LEGAL INDEMNIFICATION. 16.01 Subject to the other provisions of this Article, a member charged with and finally acquitted of a criminal or statutory offence, because of acts done while in the attempted performance in good faith of his/her duties as a police officer shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such charges. It is understood that “finally acquitted” includes charge(s) which are withdrawn by the Crown Attorney; where the Crown Attorney refuses to proceed with charge(s); or if the charge(s) are stayed (stay of proceedings) where no guilt is proven. For the avoidance of doubt, it is further understood that “finally acquitted” means no finding of guilt on any criminal or statutory offence arising from the same set of facts or transactions giving rise to the charge(s). 16.02 Notwithstanding clause 16.01, the Board may refuse payment otherwise authorized under clause 16.01 where the actions of the officer from which the charges arose amounted to a dereliction of duty or abuse of his/her powers as a police officer. 16.03 a) Where a Sworn Member is a defendant in a civil action for damages because of acts done in the attempted performance in good faith of duties as a police officer, the officer shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such an action in the following circumstances only: (i) where the Board Xx xxx is not joined in the action as a party under the Police Services Act, and the Board does not defend the action and the sworn member as joint tortfeasors at the Board’s expense.