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1997-031 To provide for the indemnity and defence of memebers of Council of the Corporation of the Township of Oro-Medonte under the Municipal Conflict of Interest Act THE CORPORATION OF THE TOWNSHIP OR ORO-MEDONTE BY-LAW NO. 97- 31 . Being a by-law to provide for the indemnity and defence of members of Council of The Corporation of the Township of Oro- Medonte in relation to proceedings under the MUnicipaL ConrLict or Interest Act arising out of alleged acts or omissions done or made by them in their capacity as members of Council of the Municipality. WHEREAS the Council of The Corporation of the Township of Oro- Medonte is authorized to enact by-laws to provide for the indemnity and defence of the Members of Council of the Corporation of the Township of Oro-Medonte under Section 14, of the Municipal Conflict of Interest Act, R.S.O. 1990, c.M.SO, as amended. NOW THEREFORE the Council of The Corporation of the Township of Oro-Medonte enacts as follows: In this by-law: "THE ACT" means the Municipal Conflict of Interest Act, R.S.O., 1990, c.M.SO as amended from time to time. "COUNCILLOR" means a member of the Council of the Township of Oro-Medonte and includes the Mayor and includes a person who was a Mayor or a member of Council at the time that the cause of the application under the Act or other proceeding under the Act arose, but who, prior to the judgment or other settlement of the application or proceeding, has ceased to be the Mayor or a member of the Council of the Township of Oro-Medonte. "TOWNSHIP" means The Corporation of the Township of Oro-Medonte. 1. Subject to paragraphs 2, 3, 4, S, 6, 7, and 8 of this by- law, the Township shall: (a) pay to the parties entitled thereto, any damages and costs awarded against any Councillor, (b) either pay directly or reimburse to the Councillor, any expenses incurred by such Councillor, (c) assume the cost of defending every Councillor, and (d) pay any sum required in connection with a settlement, as a result of or in connection with any application or other proceeding brought against the Councillor under the Act arising out of an alleging of a contravention of Section S of the Act as a result of acts or omissions done or made by them in their capacity as Councillor, including while acting in the performance of any statutory duty imposed by any general or special Act, provided the Councillor has been found not to have contravened Section S of the Act. 2. The Township shall have the right to select, retain or approve the retention of any and all legal counsel appointed or retained to represent any Councillor and shall have the right to approve any and all settlements in respect of any application or other proceeding referred to in Section 1 hereof. . -2- 3 . The Councillor 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 Township. If, within ten (10) days from the receipt of the request, the Township has not approved the Councillor's choice of legal counsel, and subject to Section 5 has not rejected the Councillor's choice and selected or retained other legal counsel and advised the Councillor thereof, the Councillor may retain his or her choice of legal counsel to act on behalf of the Councillor until such time as the Township selects, retains or appoints other legal counsel. . 4. If the Township selects, retains or appoints other legal counsel to act on behalf of the Councillor in place of the lawyer originally retained by the Councillor in accordance with Section 3, the Township shall pay to the lawyer all of the lawyer's reasonable legal fees and disbursements in connection with services 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 Township 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 the Township's insurers from time to time, to defend the Township in respect of the same application or other proceeding under the Act, shall be deemed to be selected, retained and approved by the Township under Sections 2 and 3, to represent the Councillor with respect to that application or other proceeding, until the Township otherwise advises the Councillor. 6. All Councillors who are served with any notice of application or any other process issued under the Act out of or authorized by any Court whether or not the Councillor is named as party in connection with any such application or other proceeding arising out of any alleged acts or omissions done or made by the Councillor in his or her capacity as Councillor including acting in the performance of any statutory duty imposed by any general or special Act, shall deliver the process or a copy thereof to the Clerk. 7. Any Councillor against whom any application or other proceeding referred to in Section 1 hereof is brought, shall co-operate entirely with the Township and any legal counsel selected, retained or appointed by the Township to defend such application 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 knowledge, possession or control and the Councillor shall attend at all proceedings when requested to do so by such legal counsel. . -3- 8. If the Councillor fails or refuses to comply with the provisions of this by-law, or if the application or other proceeding arises out of a conduct of the Councillor which results in a conviction under the Criminal Code of Canada or a Provincial or Federal Statue, or constitutes wanton or malicious wrongful conduct, then the Township shall not be liable to pay any of the damages, costs, expenses and sums required in connection with a settlement or the cost of defending any such Councillor under Section 1 hereof. . By-law read a first and second time this 16th day of April 1997. By-law read a third time and finally passed this , 1997. day of THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, Ian Beard Clerk, Lynda Aiken .