That By-law 38-2005, as amended by By-law 24-2014 (the “By-law”) be repealed and replaced with a newly enacted by-law to provide:
a) Clarification of the ability of Regional Council to provide indemnification or reimbursement of legal costs incurred by members of Regional Council and Regional employees in proceedings under or pursuant to the criminal law, including the Criminal Code of Canada (the “Criminal Code”) where deemed appropriate by Regional Council in its discretion; and
b) Protection for members of Regional Council and Regional employees from liability to the Region and the prevention of proceedings by the Region against members of Regional Council and Regional employees in certain instances described in the report of the Interim Commissioner of Corporate Services and the Regional Solicitor titled “Replacing the Regional By-law to Indemnify Employees and Members of Council”;
And further, that the required by-law be presented to Regional Council for enactment;
And further, that staff be directed to revise the Region’s external insurance program to remove coverage for legal costs incurred in Criminal Code proceedings with indemnifying coverage being extended instead in the discretion of Regional Council, to be exercised on a case by case basis.