Essex County Council adopts Indemnification Policy

By Sylene Argent, Local Journalism Initiative Reporter, Essex Free Press

The County of Essex has never had a formal Indemnification Policy before. It now has one on the shelf, as County Council approved its first such policy during its May 7 meeting.

David Sundin, Director of Legislative and Legal Services, explained it appears the County has only had to rarely, on an ad hoc basis, identify employees of the County. It is, however, becoming increasingly common to see individual members of Council and municipal employees named personally in claims against municipalities across the province.

With that in mind, County Administration recommended providing members of County Council and staff with peace of mind by having a formal Indemnification Policy in place.

In his report to County Council, Sundin noted that the Municipal Act and the Municipal Conflict of Interest Act allow municipalities to indemnify its employees and members of Council in certain situations.

“Currently, if an employee or member of Council was personally named in a legal proceeding, they would have to seek Council approval on a case-by-case basis in order to have the County indemnify them,” Sundin outlines in his report on the matter.

“By adopting a formal Indemnification Policy, Council will remove any uncertainty and… employees and members of Council can perform the tasks required by them on behalf of the County, with certainty that they will be protected as long as they are appropriately exercising their respective duties.”

County Council gave approval to the policy without any members asking any questions.