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1997-026 To provide for Indemnity of members of Council and employees of The Corporation of the Township of Oro-Medonte with respect to liability arising out of acts or emissions done THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 97- 26 Being a by-law to provide for the indemnity and defense of members of Council and employees of The Corporation of the Township of Oro-Medonte with respect to liability arising out of acts or omissions done or made by them in their capacity as employees and members of Council of the Municipality . WHEREAS the Council of The Corporation of the Township ofOro-Medonte is authorized to enact by-laws to provide for the indemnity and defense of the Members of Council of The Corporation of the Township ofOro- Medonte and its employees under Subsections 207(56) and 252 of the Municipal Act, R.S.O., c.MA5 as amended. NOW THEREFORE the Council of The Corporation of the Township ofOro-Medonte enacts as follows: In this by-law: "COUNCILLOR" means a member of the Council of the Township ofOro-Medonte and includes the Mayor and includes a person who was a Mayor or a member of Council at the time that the cause or action or other 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 Township ofOro-Medonte. "EMPLOYEE" means any salaried officer, or any other person in the employ of the municipality or of a local board and includes: (a) persons that provide their services on behalf of the municipality without remuneration, exclusive of expenses or honoraria, if Council of the Municipality has passed a by-law designating such persons or classes of persons or employees for the purposes of this paragraph, and (b) any other person or class of person designated as an employee by the Minister. "TOWNSHIP" means The Corporation of the Township ofOro-Medonte. 1. Subject to paragraphs 2, 3, 4, 5, 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 or Employee, (b) either pay directly or reimburse to the Councillor or Employee, any expenses incurred by such Councillor or Employee, (c) assume the cost of defending every Councillor or Employee, and ( d) pay any sum required in connection with a settlement, as a result of or in connection with any or other proceeding brought against the Councillor or Employee (except an action or proceeding brought under the Municipal Conflict of Interest Act), arising out of acts or omissions done or made by them in their capacity as a Councillor or Employee, including while acting in the performance of any statutory duty imposed by any general or special 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 or Employee and shall have the right to approve any and all settlements in respect of any action or proceeding referred to in Section 1 hereof. 3. The Councillor or Employee may apply for approval of his or her choice oflegal 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 or Employee's choice oflegal counsel, and subject to Section 5 has not rejected the Councillor 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 oflegal counsel to act on behalf of the Councillor or Employee 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 or Employee in place of the lawyer originally retained by the Councillor or Employee 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, shall be deemed to be selected, retained and approved by the Township under Sections 2 and 3, to represent the Councillor or Employee with respect to that application or other proceeding, until the Township otherwise advises the Councillor or Employee. -2- . 6. All Councillors or 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 of any acts or omissions done or made by the Councillor or Employee in his or her capacity as Councillor or Employee 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 and to the Township's legal counsel. 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 Township and any legal counsel selected, retained or appointed by the Township 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 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 or Employee which results in a conviction under the Criminal Code of Canada or a Provincial or Federal Statute, 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 or Employee under Section1 hereof. By-law read a fIrst and second time, this 2ndday of April ,1997. By-law and a third time and fmally passed this 2nd day of April ,1997. THE CORPORATION OF THE TOWNSIDP OF ORO-MEDONTE Mayor, Ian Beard .