Title
Indemnification of County Officials and Employees Policy AD 051
Proposed Motion(s)
That Council rescind Indemnification of County Officials and Employees Policy AD 051.
Body
Administration Recommendation(s)
Administration supports the recommendation.
Purpose
The existing policy is redundant and may be rescinded.
Summary
In its ongoing review of County policies, administration has determined that Indemnification of County Officials and Employees Policy AD 051 is redundant as the Municipal Government Act provides for liability of councillors and employees.
Section 535(2) states that councillors, council committee members, municipal officers (meaning CAO, designated officers, and employees of the municipality), and volunteer workers "are not liable for loss or damage caused by anything said or done or omitted to be done in good faith in the performance or intended performance of their functions, duties or powers under this Act or any other enactment." Section 535(3) states, "Subsection (2) is not a defence if the cause of action is defamation," and Section 535(4) states, "This section does not affect the legal liability of a municipality."
The County also maintains liability insurance policies for Parkland County and its officials and employees, which would defend Council officials and/or employees for acting in good faith in the performance or intended performance of their duties or powers.
Strategic Plan/Policy/Legal/Staff Implications
Council's 2014-2018 Strategic Plan commits to ensuring Council policies are effective, responsible, and aligned with its goals and vision.
Financial Impact:
Cost: N/A
Source of Funding: N/A