LIABILITY INSURANCE AND LEGAL INDEMNIFICATION. 22.1. The Board shall assume the cost of liability insurance in a form satisfactory to the City Solicitor to insure members against judgments and costs in civil actions against members arising out of acts or omissions done by them in the performance of their police duties. (2012) 22.2. A member charged with and subsequently acquitted of a criminal or statutory offence arising out of acts committed in the attempted performance in good faith of the member’s duties as a police officer shall, upon application to the Board, be indemnified for the necessary and reasonable legal costs incurred in the defence of such charges as set out hereinafter. 22.3. Where members are defenders of their conduct as a police officer in civil or other judicial proceedings arising from acts done in performance in good faith of their duties as a police officer, members shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such proceedings as set out hereinafter. 22.4. A member may apply for indemnification as set out above by applying to the Board for indemnification within thirty (30) days of the charges being laid or proceedings being commenced. The Board must give approval for choice of counsel and must also approve any decision to proceed to a higher level of the judicial system in order for a member to be eligible for indemnification. 22.5. Members shall not be indemnified for costs arising from: (a) grievances under the collective agreement; (b) actions or omissions of a member acting as a private citizen, unless such actions resulted from the member’s status as a police officer; or (c) discipline charges under the Police Services Act and Regulations thereunder. 22.6. Notwithstanding the provisions of article 22.2, the Board may consider the payment of reasonable legal costs if the member is found guilty, except for a criminal offence. (1990 AA) 22.7. Notwithstanding the provisions of article 22.5(c), the Board shall indemnify an officer or the Association for necessary and reasonable legal costs to a maximum of $10,000 per officer per incident but not to exceed $30,000 per year, incurred when the officer is the subject (not a witness) of a hearing under the Police Services Act or its Regulations as a result of a decision by the Ontario Civilian Police Commission or the Office of the Independent Police Review Director, or its successor, to overturn a finding by the Chief of Police or designate of no misconduct. (2012)
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Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
