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Legal Representation and Indemnification Of City Council

KF
Kim Fallis-Howell
Mon, May 10, 2021 2:00 PM

To Municipal Legal Departments,

I am the Acting City Solicitor for the City of Edmonton at the moment.
Bonnie Andriachuk was previously in this role and was an active member of
this group. I hope this is a proper forum to send my request.

We are bringing a report to our City Council shortly to respond to a
request on how other municipalities assign the decision on legal
representation and indemnification of City Council members.

I am carrying out a jurisdictional scan for information after doing some
searches of various City websites, but have not been able to track down the
information or not all of the information I seek.  I know that Bonnie has
reached out to a number of you in the past, so I apologise for any
duplication.

I was hopeful that you could assist me with the following information
relating to your respective cities:

Who approves a decision on the indemnification for City Councillors if
they are named in an action or proceeding?

What types of matters does your indemnification policy apply to: civil
action, criminal or quasi-criminal, regulatory, code of conduct?

Is the authority to approve a decision on indemnification in a bylaw,
policy document or procedure?  Can you provide that document to us?

Who represents the Councillors if indemnification is approved (in-house
lawyers or external counsel)? Does it differ depending on what kind of
action or proceeding involved?

If external legal handles it, who handles overseeing the payment of fees?

The information we gather will be shared publicly in an attachment to the
Council report and I would be happy to circulate it with all of you once
published in final form .

Any assistance that you can provide to me would be very appreciated. Thank
you for your time and consideration of this request.  Please feel free to
send it to me directly at kim.fallis-howell@edmonton.ca and I will compile
and share the final attachment.

If possible, your responses by May 14, 2021 would be very helpful.

Kim

--

[image: Edmonton_sig_RGB_S.jpg]

Kim Fallis-Howell

ACTING CITY SOLICITOR/BRANCH MANAGER

DIRECTOR OF LITIGATION

OFFICE OF THE CITY MANAGER  |  LEGAL SERVICES

780-999-1112  TELEPHONE

780-496-7267  FAX

City of Edmonton

9th Floor, Chancery Hall

3 Sir Winston Churchill Square NW

Edmonton AB T5J 2C3

The content of this message and any attachment is confidential, proprietary
to the City of Edmonton, may be subject to solicitor-client privilege,
exempt from disclosure under privacy laws, and is intended
only for the addressed recipient. If you have received this post in error,
please disregard the contents, inform the sender of the misdirection, and
remove it from your system. The copying, dissemination or distribution of
this email, if misdirected, is strictly prohibited.

--
The contents of this message and any attachment(s) are confidential,
proprietary to the City of Edmonton, and are intended only for the
addressed recipient. If you have received this in error, please disregard
the contents, inform the sender of the misdirection, and remove it from
your system. The copying, dissemination, or distribution of this message,
if misdirected, is strictly prohibited.

To Municipal Legal Departments, I am the Acting City Solicitor for the City of Edmonton at the moment. Bonnie Andriachuk was previously in this role and was an active member of this group. I hope this is a proper forum to send my request. We are bringing a report to our City Council shortly to respond to a request on how other municipalities assign the decision on legal representation and indemnification of City Council members. I am carrying out a jurisdictional scan for information after doing some searches of various City websites, but have not been able to track down the information or not all of the information I seek. I know that Bonnie has reached out to a number of you in the past, so I apologise for any duplication. I was hopeful that you could assist me with the following information relating to your respective cities: 1. Who approves a decision on the indemnification for City Councillors if they are named in an action or proceeding? 1. What types of matters does your indemnification policy apply to: civil action, criminal or quasi-criminal, regulatory, code of conduct? 1. Is the authority to approve a decision on indemnification in a bylaw, policy document or procedure? Can you provide that document to us? 1. Who represents the Councillors if indemnification is approved (in-house lawyers or external counsel)? Does it differ depending on what kind of action or proceeding involved? 1. If external legal handles it, who handles overseeing the payment of fees? The information we gather will be shared publicly in an attachment to the Council report and I would be happy to circulate it with all of you once published in final form . Any assistance that you can provide to me would be very appreciated. Thank you for your time and consideration of this request. Please feel free to send it to me directly at kim.fallis-howell@edmonton.ca and I will compile and share the final attachment. If possible, your responses by May 14, 2021 would be very helpful. Kim -- [image: Edmonton_sig_RGB_S.jpg] Kim Fallis-Howell ACTING CITY SOLICITOR/BRANCH MANAGER DIRECTOR OF LITIGATION OFFICE OF THE CITY MANAGER | LEGAL SERVICES 780-999-1112 TELEPHONE 780-496-7267 FAX City of Edmonton 9th Floor, Chancery Hall 3 Sir Winston Churchill Square NW Edmonton AB T5J 2C3 The content of this message and any attachment is confidential, proprietary to the City of Edmonton, may be subject to solicitor-client privilege, exempt from disclosure under privacy laws, and is intended only for the addressed recipient. If you have received this post in error, please disregard the contents, inform the sender of the misdirection, and remove it from your system. The copying, dissemination or distribution of this email, if misdirected, is strictly prohibited. -- *The contents of this message and any attachment(s) are confidential, proprietary to the City of Edmonton, and are intended only for the addressed recipient. If you have received this in error, please disregard the contents, inform the sender of the misdirection, and remove it from your system. The copying, dissemination, or distribution of this message, if misdirected, is strictly prohibited.*