Indemnification Bylaw No. 1865, 2020

BYLAW NO. 1865
A Bylaw to indemnify municipal officials.

The Council of the City of Langford, in open meeting assembled, enacts as follows:

Citation

This Bylaw may be cited as “Indemnification Bylaw No. 1865”.

Definitions

In this Bylaw:

CITY
means the City of Langford.

INDEMNIFY
means to pay the amounts required or incurred:
a) To defend an action or prosecution brought against a person in connection with the exercise or intended exercise of the person’s powers or the performance or intended performance of the person’s duties or functions;
b) To satisfy a judgment, award or penalty imposed in an action or prosecution referred to in paragraph a); or
c) In relation to an inquiry under the Public Inquiry Act, or to another proceeding, that involves the administration of the City or the conduct of City business;

but does not extend to a fine that is imposed as a result of a conviction for an offence, other than a strict or absolute liability offence;

MUNICIPAL OFFICIAL
means:
a) A current or former member of Council;
b) A current or former employee or officer of the City;
c) A person who is or was a person referred to in section 738 (1) of the Local Government Act [immunity for individual local public officers], but only in relation to the exercise of powers or performance of duties or functions for or on behalf of the City;

but does not include an independent service provider, professional advisor or contractor engaged by the City from time to time on a fee for service basis;

WILLFUL MISCONDUCT
in relation to a municipal official, includes, without limitation, willfully acting contrary to the terms and conditions of their employment or to a lawful direction or order of a superior.

Any enactment referred to herein is a reference to an enactment of British Columbia and regulations thereto, as amended, revised, consolidated or replaced from time to time.

Indemnification

The City will indemnify every municipal official against an action or prosecution brought against the municipal official as a result of or relating to the performance or intended performance of their duties, including, for certainty, reasonable legal costs incurred in relation to the proceeding, if the person to be indemnified:
a) Promptly, after being served with any document initiating an action or prosecution or relating to an action or prosecution, delivers a copy of same to the City’s Corporate Officer;
b) Does not admit or assume liability, enter into a settlement, or enter a guilty plea except with the approval of Council;
c) Consents in writing to the City having sole discretion to appoint and instruct legal counsel, to conduct all necessary investigations, and to negotiate and settle the action or prosecution, provided that if the person believes they have an interest that is in conflict with the interest of the City the person is entitled to independent legal counsel; and
d) Assists in providing and securing information, evidence and witnesses, and cooperates with the City and their legal counsel in the defence of the action or prosecution.

Where the City indemnifies a municipal official under this Bylaw, the City will keep the municipal official apprised of the status of the action or prosecution against that person, when possible.

Exceptions

The City will not seek indemnity against a municipal official in respect of any action of the municipal official which results in a claim for damages against the City, except where a court of competent jurisdiction makes a finding that the person has been guilty of dishonesty, gross negligence, or malicious or willful misconduct.

Severability

If any portion of this Bylaw is declared invalid by a court of competent jurisdiction, then the invalid portion must be severed and the remainder of the Bylaw is deemed valid.

Repeal

The “Members of Council, Officers and Employees Indemnification Bylaw No. 5, 1992” is hereby repealed.

READ A FIRST TIME THIS 2ND DAY OF DECEMBER, 2019.
READ A SECOND TIME THIS 2ND DAY OF DECEMBER, 2019.
READ A THIRD TIME THIS 2ND DAY OF DECEMBER, 2019.
ADOPTED THIS

DAY OF

Presiding Council Member

Corporate Officer

Key facts