BYLAW 3-92 Indemnification

BY-LAW NO. 3/92

INDEMNIFICATION BY-LAW

This By-Law is made pursuant to the School Act and the Board of School Trustees of School District No. 60 (Peace River North).

Indemnification

The Board will indemnify a Trustee –

1.         Against a claim for damages against a Trustee, arising out of performance of his or her duties

 OR

2.         Where an inquiry under Part 2 of the Inquiry Act or other proceeding involves the administration and conduct of the business of the School District.

Powers and Duties

The statutory powers and duties of the Board are set forth in the School Act; and Board duties and authority are elaborated on in policy.

Conditions for Indemnification

The Board will indemnify a Trustee against all legal costs actually and reasonably incurred by a Trustee –

1.         Provided that the Trustee acted reasonably and in good faith and, in the case of a criminal or administration action or proceeding, the Trustee had reasonable ground for believing that his/her conduct was lawful.

and

2.         Provided the Trustee informed the Board, in writing, of the course of events or incident leading to or that led to the legal proceedings or action against the Trustee.

Counsel Retained by the Board

The Board may retain legal counsel of its choice to defend an action or proceeding against a Trustee.  The authority for the direction of the defense and for the acceptability of any compromise or settlement of any claim or action against the Trustee will lie in the sole discretion of the Board.

In the event the Board chooses to retain such legal counsel, it has no obligation to indemnify the Trustee for any legal fees associated with any legal representation the Trustee may choose to obtain.

Exclusions

The Board will not pay a fine imposed on a Trustee as a result of his/her conviction.

Board Action Against a Trustee

A Board shall not seek indemnity against a Trustee in respect of any action of the Trustee that results in a claim for damages against the Board, but the Board may seek indemnity against a Trustee where the claim for damages arises out of the gross negligence of the Trustee.

Appeals

Any costs, charges or expenses associated with any appeal by a Trustee of any conviction, sentence, judgment or order are not covered by this By-Law.

This By-Law was reviewed and amended and;

Read a first time this 14th day of November, 2006.

Reconsidered, Finally Passed and Adopted the 14th day of November 2006.

___________________________

Chairperson

___________________________

Secretary-Treasurer

 

 

 

 

 

 

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