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HomeMy WebLinkAboutBy-law 5038/97REPEALED BY .~ REPEALS AMENDED BY AMENDS DISPOSITION THE CO.OPTION OF THE TOWN.OF PICKEp~N(} BY.LAW NO 5038/97 Being a by-law to provide for the lndemni~ and De. ncc of Members of Council, O~cers and Employees of The Corporation of the Town of Pickering with respect to liabdt~ arising out of acts or omissions done or made by them in their capaci~ as Members; O~cers or Employees of the Municipali~. WHE~AS, &e Co~cil of The Co~orafion of~e To~ of Pickering is au~ori~d to e~ct by-laws to provide for the inde~ty ~d defence of ~e Mem~ of Council, O~cers ~d Employees of ~e Co.ration of ~e To~ of Pickering under Section 253, ~d p~agraph 50 of Section 207 of ~e M~ici~l Act R.S,O. 1990, c. M.45 NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: In this by-law: "Town" means The Corporation of the Town of Picketing. "Councillor" means a Member of the Council of the Town and includes the Mayor and includes a person who was the Mayor or a Member of Council at the time that the cause of action or uther proceeding arose, but who, prior to the judgment or other settlement of the action or proceeding, has ceased to be the Mayor or a Member of the Council of the Tovm. "Employees" means any officer, clerk, workman, servant, or other person in the employ of the Town and includes a person who was an Employee at the time that the cause of action or other proceeding arose, but who, prior to the judgment or other settlement of the action or proceeding, has ceased to be an Employee of the Town. 1. Subject to paragraphs 2, 3, 4, 5, 6, 7, 8 and 9 of this by-law, the Town shall: (a) pay to the parties entitled thereto, any damages and costs awarded against any Councillor or Employee of the Town; (b) either pay directly or reimburse to the Councillor or Employee any reasonable expenses incurred by them; (c) assume the cost of defending every Councillor and Employee; and (d) pay any sum required in connection with a reasonable settlement, as a result of, or in connection, with any action or other proceeding brought against the Councillor or Employee, arising out of acts or omissions done or made by them in their capacity as Councillor or Employee of the Town, including acting in the performance of any statutory duty imposed by any general or special Act, $l, The Town shall have the right to select, retain or approve the retention of any and all legal oounsel appointed or retained to represent any Councillor or Employee and shall have the right to approve any and all settlements, in respect of any action or other proceeding referred to in ~r~ction 1, hereof. 3. The Councillor or Employee may apply for approval of his or her choice of legal counsel by submitting the name and address of the lawyer in writing to the Clerk of the Town, or if the Employee is the Clerk, to the Town Solicitor. If, within ten days from the receipt of the request, the Town has not approved the Councillor's or Employee's choice of legal counsel and, subject to section 5, has not rejected the Councillor's or Employee's choice and selected or retained other legal counsel and advised the Councillor or Employee thereof, the Councillor or Employee may retain his or her choice of legal counsel, to act on behalf of the Councillor or Employee until such time as the Town selects, retains or appoints other legal counsel. 4. If the Town selects, retains or appoints other legal counsel to act on behalf of the Councillor or Ii Employee in place of the lawyer originally retained by the Councillor or Employee in accordance with section 3, the Town shall pay to the lawyer all of the lawyer's reasonable legal fees and disbursements in connection w25: :o/ices rendered and work done in connection with the matter from the time that the lawyer was retained in accordance with section 3, until replaced by other legal counsel. The Town reserves the right to obtain an assessment or taxation of all such fees and disbursements before payment of the same. 5. Notwithstanding sections 3 and 4, any legal counsel selected by theTown's insurers' from t~me' to time, to defend the Town in respect of the same action or other proceeding, shall be deemed to be selected, retained and approved by the Town under sections 2 and 3, to represent the Councillor or Employee with respect to that action or other proceeding, until the Town otherwise advises the Councillor or Employee. 6. All Councillors and Employees who are served with any statement of claim, originating process or any other process issued out of or authorized by any Court, Administrative Tribunal or other administrative, investigative or judicial body, whether or not the Councillor or Employee is named as party, in connection with any action or other proceeding, arising out or any acts or omissions done or made by the Councillor or Employee in their capacity as Councillor or Employee of the Town, including acting in the performance of any statutory duty imposed by any general or special Act, shall, if he or she is an Employee, forthwith deliver the process or a copy thereof to the head of the department for which the Employee works or to a person designated by the department head to receive such processes, who shall deliver a copy thereof to the Clerk and the Town Solicitor, and shall, if he or she is a department head or a Councillor, deliver the precess or a copy thereof to the Clerk and the Town Solicitor. 7. Any Councillor or Employee, against whom any action or other proceeding referred to in section 1, hereof is brought, shall cooperate entirely with the Town and any legal counsel selected, retained or appointed by the Town to defend such action or other proceeding and shall make available to such legal counsel all information and documents relevant to the matter as are within the Councillor's or Employee's knowledge, possession or control and the Councillor or Employee shall attend at all proceedings when requested to do so by such legal counsel. 8. If the Councillor or Employee fails or refuses to comply with the provisions of this by-law; or if the action or other proceeding arises out of conduct of the Councillor which results in an action or proceeding brought under the Municipal Conflict of Interest Act, R.S.O. 1990 c. M.45, or any successor thereto; or if the action or other proceeding arises out of conduct of the Councillor or Employee which results in a charge being laid under the Criminal Code of Canada; or if the action or proceeding arises out of conduct of the Councillor or Employee which results in a conviction under a Provincial or Federal Statute; or if the action or other proceeding arises out of conduct which the Council deems to constitute a wanton or malicious, or fraudulent wrongful conduct, then ~e Town Shall not be liable to pay any of the damages, cost, expenses, sUms required in connection with settlement or the cost of defending any such Councillor or Employee under section 1, hereof. 9. This by-law shall not apply to any act or omission that occurred prior to the 1st day of January, 1996. BY-LAW read a first, second and third time and finally passed this 16th day of June, t997. !i Wayne Arthurs, Mayor ~I r, Clerk ~: