Legal Indemnification Claims

APPROVED

May 1, 2000

Minute No: P156/00

REVIEWED (R) AND/OR AMENDED

July 21, 2016 (R/A)

November 15, 2010 (R/A)

Minute No: P174/16

Minute No: P292/10

REPORTING REQUIREMENT

Annual

LEGISLATION

Police Services Act, R.S.O. 1990, c.P.15, as amended, s. 31(1)(c), s. 50

Uniform Collective Agreement Article 12.01(a-c) & 12.06(a)

DERIVATION

 

As permitted by the Police Services Act (s. 50) and in accordance with the terms of the various collective agreements, the Toronto Police Services Board (Board) is responsible for approving and paying legal accounts submitted by members of the Toronto Police Service (Service), for necessary and reasonable legal costs for members who qualify. The Board is committed to supporting members of the Service who face legal proceedings as a result of acts done in the attempted performance in good faith of their duties, and to ensuring they are provided with legal representation.

This policy establishes the delegation and levels of authority to be followed when requests for legal indemnification are submitted for approval by members of the Service. 

It is, therefore, the policy of the Toronto Police Services Board that:

  1. The Manager of Labour Relations is responsible for processing all legal indemnification applications in accordance with Board policy and the applicable provisions of the collective agreements.
  2. The Manager of Labour Relations will submit all recommendations for denial of legal indemnification to the Board for its consideration.
  3. The Manager of Labour Relations will submit an annual report to the Board regarding legal indemnification claims and claims processing at the March Board meeting each year.

Levels of Authority 

  1. The Board delegates the authority to approve the payment of eligible legal indemnification claims in amounts up to $25,000 to the Manager of Labour Relations. 
  1. The Board delegates the authority to approve the payment of eligible legal indemnification claims in amounts up to $100,000 to the Director, Human Resources. 
  1. The Board delegates the authority to approve the payment of eligible legal indemnification claims in amounts over $100,000 and up to $250,000 to the Chair, together with the Vice Chair, of the Board. 
  1. In the absence of either the Chair or the Vice Chair, the Board member acting as the Chair or the Vice Chair is delegated this authority. 
  1. All legal indemnification claims in amounts over $250,000 require the approval of the Board. 
  1. In determining the amount of a claim for approval purposes, all of the legal indemnification claims for one member for one related set of events shall be considered together as one claim.

Tags: legal services, budget and finance

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