Liability Protection. The Wynford Classified staff and the Wynford Local Board of Education in an effort to deal with liabilities placed on the Board of Education by Ohio Revised Code 3313.203 (Sovereign Immunity) agree to the following stipulations. 1. The Board of Education shall provide for the defense of a member of the bargaining unit in any civil action or proceedings in any state or federal court arising out of an alleged act or omission in connection with a governmental or proprietary function which occurs or is alleged to have occurred while the employee was acting in good faith and not manifestly outside the scope of his employment or duty. The duty to provide for an employee’s defense required by this section shall not arise when the civil action or proceeding is brought by or on behalf of the Wynford Local Board of Education. 2. The Wynford Local Board of Education shall indemnify and hold harmless all members of the bargaining unit in the amount of any judgment, other than punitive damages, obtained against any such employees in any state court, federal court, or as a result of a law of a foreign jurisdiction, provided that the act or omission connected with either a governmental or proprietary function from which such judgment arose occurred while the employee was acting in good faith within the scope of his employment of duty. This duty to indemnify and hold harmless or pay prescribed by this subdivision shall not arise if the injury or damage resulted from the employee acting or failing to act with malice of purpose, in bad faith, or in a wanton and reckless manner, and/or if a statute specifically imposes liability. 3. The Board of Education further agrees not to enter into any consent judgment or settlement of claim on behalf of the employee unless the member of the bargaining unit has given express written consent to the same. Nothing herein shall be construed as limiting the Board’s authority as a party defendant to settle, compromise, and dismiss claims filed against the Board of Education. 4. The Board of Education further agrees that should there be any claim or liability or damages against any member of the bargaining unit pursuant to Ohio Revised Code 3313.203 that said employee shall have the right to employ co-counsel, at the employee’s cost, in any and all actions to defend his or her interests. 5. The Board further agrees that any member of the bargaining unit shall have the right to be represented by an attorney of his or her choice and expense at any meeting between Board attorney, the insurance company representatives, the attorney representing the insurance company and/or the Board of Education, any deposition relevant to the claim of liability or damages, any meeting between the Board of Education and the person claiming any alleged act or omission in connection with any liability suit. 6. The Board further agrees that unless discovered and proven by independent inquiry none of the materials provided in confidence to the Board’s attorney or investigator in an attempt to indemnify the Board, excluding incident reports developed by the administration or an admitted crime, relevant to any claim or damages, or allegation or admission of wrongdoing will be placed in the employee’s personnel file and further that no records of relevancy to any employee’s alleged culpability in any liability claim may be made part of any employee personnel records or utilized in any way that will adversely impact on the employee’s wages, hours, or terms and conditions of employment at the time the complaint is filed or at some future date after the complaint has been filed. 7. The Board further agrees that there will be no media release, except that information which would be available to any person attending a public board meeting, regarding any liability suit which involved the alleged act or omission of a member of the bargaining unit and that any publicity or media release will require the express written concurrence of the member of the bargaining unit involved. 8. Following notification of an incident, the Board of Education agrees to provide any member of the bargaining unit with a minimum of three (3) hours to secure professional advice before he or she is required to file a written accident report or to give an oral account to the employer or anyone else of the incident that could result in a claim of liability. The Board further agrees that the employee shall have the right to representation of his/her choice at any meeting involving any such complaint or incident that could result in a claim or liability. 9. The Board of Education should provide adequate release time for any employee who is required to attend any deposition, any pre-trial hearing, and any or all state and federal court hearings involving any and/or all claims or liability. The Board of Education agrees that such release time will not result in the employee’s loss of wages or deduction from any Board approved leave. 10. The Wynford classified staff will encourage all members of the bargaining unit to cooperate with the Board of Education in any defense to all claims of liability. 11. The Wynford Local Board of Education will purchase liability coverage.
Appears in 3 contracts
Samples: Negotiated Agreement, Negotiated Agreement, Negotiated Agreement
Liability Protection. 11.01 The Wynford Huron Classified staff Employees Association and the Wynford Local Huron Board of Education in an effort to deal with liabilities placed on the Board of Education by Ohio Revised Code 3313.203 O.R.C. 2744 (Sovereign Immunityimmunity) agree to the following stipulations.:
1. A. The Board of Education shall provide for the defense of a member of the bargaining unit in any civil action or proceedings in any state or federal court arising out of an any alleged act or omission in connection with a governmental or proprietary function which occurs or is alleged to have occurred while the employee was acting in good faith and not manifestly outside the scope of his employment or duty. The duty to provide for an employee’s defense required by this section shall not arise when the civil action or proceeding is brought by or on behalf of the Wynford Local Huron Board of Education.
2. B. The Wynford Local Huron Board of Education shall indemnify and hold harmless all members of the bargaining unit in the amount of any judgment, other than punitive damages, obtained against any such employees in any state court, federal court, or as a result of a law of a foreign jurisdiction, provided that the act or omission connected with either a governmental or proprietary function from which such judgment arose occurred while the employee was acting in good faith within the scope of his his/her employment of or duty. This duty to indemnify and hold harmless or pay prescribed by this subdivision shall not arise if the injury or damage resulted from the employee acting or failing to act with malice of purpose, in bad faith, or in a wanton and reckless manner, and/or if a statute specifically imposes liability.
3. C. The Board of Education further agrees not to enter into any consent judgment or settlement of claim on behalf of a member of the employee bargaining unit unless the member of the bargaining unit has given express written consent to the same. Nothing herein shall be construed as limiting the Board’s authority as a party defendant to settle, compromise, and dismiss the claims filed against the Board of Education.
4. D. The Board of Education further agrees that that, should there be any claim or liability or damages against any member of the bargaining unit pursuant to Ohio Revised Code 3313.203 that said employee shall have the right to employ co-counsel, at the employee’s cost, in any and all actions to defend his or her interests.
5. The Board further agrees that any member of the bargaining unit shall have the right to be represented by an attorney of his or her choice and expense at any meeting between Board attorney, the insurance company representatives, the attorney representing the insurance company and/or the Board of Education, any deposition relevant to the claim of liability or damages, any meeting between the Board of Education and the person claiming any alleged act or omission in connection with any liability suit.
6. The Board further agrees that unless discovered and proven by independent inquiry none of the materials provided in confidence to the Board’s attorney or investigator in an attempt to indemnify the Board, excluding incident reports developed by the administration or an admitted crime, relevant to any claim or damages, or allegation or admission of wrongdoing will be placed in the employee’s personnel file and further that no records of relevancy to any employee’s alleged culpability in any liability claim may be made part of any employee personnel records or utilized in any way that will adversely impact on the employee’s wages, hours, or terms and conditions of employment at the time the complaint is filed or at some future date after the complaint has been filed.
7. The Board further agrees that there will be no media release, except that information which would be available to any person attending a public board meeting, regarding any liability suit which involved the alleged act or omission of a member of the bargaining unit and that any publicity or media release will require the express written concurrence of the member of the bargaining unit involved.
8. Following notification of an incident, the Board of Education agrees to provide any member of the bargaining unit with a minimum of three (3) hours to secure professional advice before he or she is required to file a written accident report or to give an oral account to the employer or anyone else of the incident that could result in a claim of liability. The Board further agrees that the employee shall have the right to representation of his/her choice at any meeting involving any such complaint or incident that could result in a claim or liability.
9. The Board of Education should provide adequate release time for any employee who is required to attend any deposition, any pre-trial hearing, and any or all state and federal court hearings involving any and/or all claims or liability. The Board of Education agrees that such release time will not result in the employee’s loss of wages or deduction from any Board approved leave.
10. The Wynford classified staff will encourage all members of the bargaining unit to cooperate with the Board of Education in any defense to all claims of liability.
11. The Wynford Local Board of Education will purchase liability coverage.to
Appears in 1 contract
Liability Protection. The Wynford Classified staff Education Association and the Wynford Local Board of Education in an effort to deal with liabilities placed on the Board of Education by Ohio Revised Code 3313.203 (Sovereign Immunitysovereign immunity) agree to the following stipulations.:
1. A. The Board of Education shall provide for the defense of a member of the bargaining unit in any civil action or proceedings in any state or federal court arising out of an alleged act or omission in connection with a governmental or proprietary function which occurs or is alleged to have occurred while the employee was acting in good faith and not manifestly outside the scope of his employment or duty. The duty to provide for an employee’s 's defense required by this section shall not arise when the civil action or proceeding is brought by or on behalf of the Wynford Local Board of Education.
2. B. The Wynford Local Board of Education shall indemnify and hold harmless all members of the bargaining unit in the amount of any judgment, other than punitive damages, obtained against any such employees in any state court, federal court, or as a result of a law of a foreign jurisdiction, provided that the act or omission connected with either a governmental or proprietary function from which such judgment arose occurred while the employee was acting in good faith within the scope of his employment of duty. This duty to indemnify and hold harmless or pay prescribed by this subdivision shall not arise if the injury or damage resulted from the employee acting or failing to act with malice of purpose, in bad faith, or in a wanton and reckless manner, and/or if a statute specifically imposes liability.
3. C. The Board of Education further agrees not to enter into any consent judgment or settlement of claim on behalf of the employee unless the member of the bargaining unit has given express written consent to the same. Nothing herein shall be construed as limiting the Board’s 's authority as a party defendant to settle, compromise, and dismiss claims filed against the Board of Education.
4. D. The Board of Education further agrees that should there be any claim or liability or damages against any member of the bargaining unit pursuant to Ohio Revised Code 3313.203 that said employee shall have the right to employ co-counsel, at the employee’s 's cost, in any and all actions to defend his or her interests.
5. E. The Board further agrees that any member of the bargaining unit shall have the right to be represented by an attorney of his or her choice and expense at any meeting between Board attorney, the insurance company representatives, the attorney representing the insurance company and/or the Board of Education, any deposition relevant to the claim of liability or damages, any meeting between the Board of Education and the person claiming any alleged act or omission in connection with any liability suit.
6. F. The Board further agrees that unless discovered and proven by independent inquiry none of the materials provided in confidence to the Board’s 's attorney or investigator in an attempt to indemnify the Board, excluding incident reports developed by the administration or an admitted crime, relevant to any claim or damages, or allegation or admission of wrongdoing wrong doing will be placed in the employee’s 's personnel file and further that no records of relevancy to any employee’s 's alleged culpability in any liability claim may be made part of any employee personnel records or utilized in any way that will adversely impact on the employee’s 's wages, hours, or terms and conditions of employment at the time the complaint is filed or at some future date after the complaint has been filed.
7. G. The Board further agrees that there will be no media release, except that information which would be available to any person attending a public board meeting, regarding any liability suit which involved involves the alleged act or omission of a member of the bargaining unit and that any publicity or media release will require the express written concurrence of the member of the bargaining unit involved.
8. H. Following notification of an incident, the Board of Education agrees to provide any member of the bargaining unit with a minimum of three (3) hours to secure professional advice before he or she is required to file a written accident report or to give an oral account to the employer Employer or anyone else of the incident that could result in a claim of liability. The Board further agrees that the employee shall have the right to representation of his/her choice at any meeting involving any such complaint or incident that could result in a claim or of liability.
9. I. The Board of Education should provide adequate release time for any employee who is required to attend any deposition, any pre-trial hearing, and any or all state and federal court hearings involving any and/or all claims or of liability. The Board of Education agrees that such release time will not result in the employee’s 's loss of wages or deduction from any Board approved leave.
10. J. The Wynford classified staff Education Association will encourage all members of the bargaining unit to cooperate with the Board of Education in any defense to all claims of liability.
11. K. The Wynford Local Board of Education will purchase liability coverage.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Liability Protection. 19.01 The Wynford Classified staff Xxxxxxx Education Association and the Wynford Local Xxxxxxx Board of Education in an effort to deal with liabilities placed on the Board of Education by Ohio Revised Code 3313.203 Amended Substitute House Xxxx 176 (Sovereign Immunity) agree to the following stipulations.:
1. A. The Board of Education shall provide for the defense of a member of the bargaining unit in any civil action or proceedings proceeding in any state or federal court arising out of an any alleged act or omission in connection with a governmental or proprietary function which occurs or is alleged to have occurred while the employee was acting in good faith and not manifestly outside the scope of his employment or duty. The duty to provide for an employee’s defense required by this section shall not arise when the civil action or proceeding proceedings is brought by or on behalf of the Wynford Local Xxxxxxx Board of Education.
2. B. The Wynford Local Xxxxxxx Board of Education shall indemnify and hold harmless all members of the bargaining unit in the amount of any judgment, other than punitive damages, obtained against any such employees in any state court, federal court, or as a result of a law of a foreign jurisdiction, provided that the act or omission connected with either a governmental or proprietary function from which such judgment arose occurred while the employee was acting in good faith within the scope of his employment of or duty. This duty to indemnify and hold harmless or pay prescribed by this subdivision shall not arise if the injury or damage resulted from the employee acting or failing to act with malice of purpose, in bad faith, or in a wanton and reckless manner, and/or if a statute specifically imposes liability.
3. C. The Board of Education further agrees not to enter into any consent judgment or settlement of claim on behalf of the employee unless the member of the bargaining unit has given express written consent to the same. Nothing herein shall be construed as limiting the Board’s authority as a party defendant to settle, compromise, and dismiss claims filed against the Board of Education.
4. D. The Board of Education further agrees that should there be any claim or liability or damages against any member of the bargaining unit pursuant to Ohio Revised Code 3313.203 Amended Substitute House Xxxx 176 that said employee shall have the right to employ co-co- counsel, at the employee’s cost, in any and all actions to defend his or her interests.
5. E. The Board further agrees that any member of the bargaining unit shall have the right to be represented by an attorney of his or her choice and expense at any meeting between the Board attorneyAttorney, the insurance company representativesInsurance Company Representatives, the attorney Attorney representing the insurance company Insurance Company and/or the Board of Education, any deposition relevant to the claim of liability or damages, any meeting between the Board of Education and the person claiming any alleged act or omission in connection with any liability suit.
6. F. The Board further agrees that unless discovered and proven by independent inquiry none of the materials provided in confidence to the Board’s attorney or investigator in an attempt to indemnify the Boardmaterials, excluding incident reports developed by the administration or an admitted crimeAdministration, relevant to any claim or damages, or allegation or admission of wrongdoing will be placed in the employee’s personnel file and further that no records of relevancy to any employee’s alleged culpability in any liability claim may be made part of any employee personnel records or utilized in any way that will adversely impact on the employee’s wages, hours, or terms and conditions of employment at the time the complaint is filed or at some future date after the complaint has been filed.
7. G. The Board further agrees that there will be no media release, except that information which would be available to any person attending a public board meeting, release regarding any liability suit which involved involves the alleged act or omission of a member of the bargaining unit and that any publicity or media release will require the express written concurrence of the member of the bargaining unit involved.
8. Following notification of an incident, the H. The Board of Education agrees to provide any member of the bargaining unit with a minimum of three (3) hours sufficient time to secure professional advice before he or she is required to file a written accident report or to give an oral account to the employer or anyone else of the incident that could result in a claim of liability. .
I. The Board further agrees that the employee shall have the right to representation of his/her choice at any meeting involving any such complaint or incident that could result in a claim or liability.
9. J. The Board of Education should provide adequate release time for any employee who is required to attend any deposition, any pre-trial hearing, and any or all state and federal court hearings involving any and/or all claims or of liability. The Board of Education agrees that such release time will not result in the employee’s loss of wages or deduction from any Board approved leave.
10. K. The Wynford classified staff Xxxxxxx Education Association will encourage all members of the bargaining unit to cooperate with the Board of Education in any defense to all claims of liability.
11. L. The Wynford Local Xxxxxxx Education Association agrees to allow the Xxxxxxx Board of Education will to purchase liability coveragecoverage in the amount of at least $1,000,000 per occurrence/$5,000,000 aggregate from an approved insurance carrier. The Association and the Board further agree that if it becomes necessary for the Board to change carriers, the Board shall notify the Association and provide a copy of any and all new policies to the Association.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Liability Protection. The Wynford Classified staff Association and the Wynford Local Board of Education in an effort to deal with liabilities placed on the Board of Education by Ohio Revised Code 3313.203 (Sovereign Immunity) O.R.C. §2744 agree to the following stipulations.:
1. A. The Board of Education shall provide for the defense of a member of the bargaining unit in any civil action or proceedings in any state or federal court arising out of an any alleged act or omission in connection with a governmental or proprietary function which occurs or is alleged to have occurred while the employee was acting in good faith and not manifestly outside the scope of his employment or duty. The duty to provide for an employee’s defense required by this section shall not arise when the civil action or proceeding is brought by or on behalf of the Wynford Local Board of EducationBoard.
2. B. The Wynford Local Board of Education shall indemnify and hold harmless all members of the bargaining unit in the amount of any judgment, other than punitive damages, obtained against any such employees in any state court, federal court, or as a result of a law of a foreign jurisdiction, provided that the act or omission connected with either a the governmental or proprietary function from which such judgment arose occurred while the employee was acting in good faith within the scope of his employment of or duty. This duty to indemnify and hold harmless or pay prescribed by this subdivision shall not arise if the injury or damage resulted from the employee acting or failing to act with malice of purpose, in bad faith, or in a wanton and reckless manner, and/or if a statute specifically imposes liability.
3. C. The Board of Education further agrees not to enter into any consent judgment or settlement of claim on behalf of the employee unless the member of the bargaining unit has given express written consent to the same. Nothing herein shall be construed as limiting the Board’s authority as a party defendant to settle, compromise, compromise and dismiss claims filed against the Board of EducationBoard.
4. D. The Board of Education further agrees that should there be any claim or liability or damages against any member of the bargaining unit pursuant to Ohio Revised Code 3313.203 O.R.C. §2744 that said employee shall have the right to employ co-counsel, at the employee’s cost, in any and all actions to defend his or her interests.
5. E. The Board further agrees that any member of the bargaining unit shall have the right to be represented by an attorney of his or her choice and expense at any meeting between Board attorneythe Board, the insurance company representatives, the attorney representing the insurance company and/or the Board of EducationBoard, any deposition relevant to the claim of liability or damages, any meeting between the Board of Education and the person claiming any alleged act or omission in connection with any liability suit.
6. F. The Board further agrees that unless discovered and proven by independent inquiry none of the materials provided in confidence to the Board’s attorney or investigator in an attempt to indemnify the Boardmaterials, excluding incident reports developed by the administration or an admitted crimeAdministration, relevant to any claim or damages, or allegation or admission of wrongdoing will be placed in the employee’s personnel file file, and further that no records of relevancy to any employee’s alleged culpability in any liability claim may be made part of any employee personnel records or utilized in any way that will adversely impact on the employee’s wages, hours, hours or terms and conditions of employment at the time the complaint is filed or at some future date after the complaint has been filed.
7. G. The Board further agrees that there will be no media release, except that information which would be available to any person attending a public board meeting, release regarding any liability suit which involved involves the alleged act or omission of a member of the bargaining unit and that any publicity or media release will require the express written concurrence of the member of the bargaining unit involved.
8. Following notification of an incident, the X. The Board of Education further agrees to provide any member of the bargaining unit with a minimum of three (3) hours sufficient time to secure professional advice before he or she is required to file a written accident report or to give an oral account to the employer or anyone else of the incident that could result in a claim of or liability. .
I. The Board further agrees that the employee shall have the right to representation of his/her choice at any meeting involving any such complaint or incident that could result in a claim or liability.
9. J. The Board of Education should provide adequate release time for any employee who is required to attend any deposition, any pre-trial hearing, pretrial hearing and any or all state and federal court hearings hearing involving any and/or all claims or of liability. The Board of Education agrees that such release time will not result in the employee’s loss of wages or deduction from any Board approved leaveleaves.
10. K. The Wynford classified staff Association will encourage all members of the bargaining unit to cooperate with the Board of Education in any defense to all claims of liability.
11. L. The Wynford Local Association agrees to allow the Board of Education will to purchase liability coverage. The Association and the Board further agree that if it becomes necessary for the Board to change carriers, the Board shall notify the Association and provide a copy of any and all new policies to the Association.
Appears in 1 contract
Samples: Negotiated Agreement
Liability Protection. 19.01 The Wynford Classified staff Xxxxxxx Education Association and the Wynford Local Xxxxxxx Board of Education in an effort to deal with liabilities placed on the Board of Education by Ohio Revised Code 3313.203 Amended Substitute House Bill 176 (Sovereign Immunity) agree to the following stipulations.:
1. A. The Board of Education shall provide for the defense of a member of the bargaining unit in any civil action or proceedings proceeding in any state or federal court arising out of an any alleged act or omission in connection with a governmental or proprietary function which occurs or is alleged to have occurred while the employee was acting in good faith and not manifestly outside the scope of his employment or duty. The duty to provide for an employee’s defense required by this section shall not arise when the civil action or proceeding proceedings is brought by or on behalf of the Wynford Local Xxxxxxx Board of Education.
2. B. The Wynford Local Xxxxxxx Board of Education shall indemnify and hold harmless all members of the bargaining unit in the amount of any judgment, other than punitive damages, obtained against any such employees in any state court, federal court, or as a result of a law of a foreign jurisdiction, provided that the act or omission connected with either a governmental or proprietary function from which such judgment arose occurred while the employee was acting in good faith within the scope of his employment of or duty. This duty to indemnify and hold harmless or pay prescribed by this subdivision shall not arise if the injury or damage resulted from the employee acting or failing to act with malice of purpose, in bad faith, or in a wanton and reckless manner, and/or if a statute specifically imposes liability.
3. C. The Board of Education further agrees not to enter into any consent judgment or settlement of claim on behalf of the employee unless the member of the bargaining unit has given express written consent to the same. Nothing herein shall be construed as limiting the Board’s authority as a party defendant to settle, compromise, and dismiss claims filed against the Board of Education.
4. D. The Board of Education further agrees that should there be any claim or liability or damages against any member of the bargaining unit pursuant to Ohio Revised Code 3313.203 Amended Substitute House Bill 176 that said employee shall have the right to employ co-co- counsel, at the employee’s cost, in any and all actions to defend his or her interests.
5. E. The Board further agrees that any member of the bargaining unit shall have the right to be represented by an attorney of his or her choice and expense at any meeting between the Board attorneyAttorney, the insurance company representativesInsurance Company Representatives, the attorney Attorney representing the insurance company Insurance Company and/or the Board of Education, any deposition relevant to the claim of liability or damages, any meeting between the Board of Education and the person claiming any alleged act or omission in connection with any liability suit.
6. F. The Board further agrees that unless discovered and proven by independent inquiry none of the materials provided in confidence to the Board’s attorney or investigator in an attempt to indemnify the Boardmaterials, excluding incident reports developed by the administration or an admitted crimeAdministration, relevant to any claim or damages, or allegation or admission of wrongdoing will be placed in the employee’s personnel file and further that no records of relevancy to any employee’s alleged culpability in any liability claim may be made part of any employee personnel records or utilized in any way that will adversely impact on the employee’s wages, hours, or terms and conditions of employment at the time the complaint is filed or at some future date after the complaint has been filed.
7. G. The Board further agrees that there will be no media release, except that information which would be available to any person attending a public board meeting, release regarding any liability suit which involved involves the alleged act or omission of a member of the bargaining unit and that any publicity or media release will require the express written concurrence of the member of the bargaining unit involved.
8. Following notification of an incident, the H. The Board of Education agrees to provide any member of the bargaining unit with a minimum of three (3) hours sufficient time to secure professional advice before he or she is required to file a written accident report or to give an oral account to the employer or anyone else of the incident that could result in a claim of liability. .
I. The Board further agrees that the employee shall have the right to representation of his/her choice at any meeting involving any such complaint or incident that could result in a claim or liability.
9. J. The Board of Education should provide adequate release time for any employee who is required to attend any deposition, any pre-trial hearing, and any or all state and federal court hearings involving any and/or all claims or of liability. The Board of Education agrees that such release time will not result in the employee’s loss of wages or deduction from any Board approved leave.
10. K. The Wynford classified staff Xxxxxxx Education Association will encourage all members of the bargaining unit to cooperate with the Board of Education in any defense to all claims of liability.
11. L. The Wynford Local Xxxxxxx Education Association agrees to allow the Xxxxxxx Board of Education will to purchase liability coveragecoverage in the amount of at least $1,000,000 per occurrence/$5,000,000 aggregate from an approved insurance carrier. The Association and the Board further agree that if it becomes necessary for the Board to change carriers, the Board shall notify the Association and provide a copy of any and all new policies to the Association.
Appears in 1 contract
Samples: Collective Bargaining Agreement