Policy 6.9.2 Legal Services Access and Management
· Islands Trust Area · Policies · 1992
Original Trust document
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Topics: Bylaw enforcement · First Nations & reconciliation · Governance & budget — our classification, not the Trust's.
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POLICY – 6.9.2 Legal Services Access and Management Page 1 Policy: 6.9.2 Approved By: Trust Council Approval Date: December 5, 1992 Amendment Dates: June 6, 1997; September 16, 2005; June 9, 2021 (Repealed 6.9.1) Policy Holder: Chief Administrative Officer LEGAL SERVICES ACCESS AND MANAGEMENT Purpose To outline the process to access and manage the provision of legal services, and instruct and monitor the use of legal counsel in a manner that is efficient and cost effective. A. Definitions n/a B. Policy 1. Legal Counsel Access 1.1 Opening and/or extending legal files with legal counsel shall only be initiated through staff using established legal services management procedures. 1.2 A staff member or an individual trustee has the authority to contact Islands Trust legal counsel to deal with matters of a potential conflict of interest regarding his or her self when approved by the Chief Administrative Officer (CAO). 1.3 Trustee requests for opening new and/or extending existing legal files must be initiated by a resolution of the appropriate local trust committee, Executive Committee, Trust Council, or Islands Trust Conservancy Board. 1.4 Trustee requests for consultation with legal counsel may be facilitated by staff in a manner that permits obtaining of legal advice such that it is available to others concerned, and /or the Trust in general. 1.5 Subject to the Islands Trust indemnification bylaw, where a trustee is a named defendant in a litigation matter, he/she shall be able to access Islands Trust’s legal counsel on matters related to the litigation. In this instance, instructions to legal counsel must be provided by the CAO or a Director, following consultation with the trustee. 2. Authority to Consult with Legal Counsel 2.1 The following staff have the authority to consult with legal counsel: Chief Administrative Officer (CAO), Director of Local Planning Services, Director of Administrative Services, Director of Trust Area Services, Legislative Services Manager, POLICY – 6.9.2 Legal Services Access and Management Page 2 Islands Trust Conservancy Manager, Planners, and Bylaw Compliance and Enforcement Officers. 2.2 Staff must contact legal counsel through the use of a Legal Services Request (LSR) form which shall be completed without charge by legal counsel, and endorsed by the CAO, a Director or designate. A Legal Services Request form must be used for services that are expected to exceed $100.00. 2.3 Directions from a local trust committee (except section 1.2) to staff to access legal counsel services must result from a local trust committee resolution. 2.4 Matters of local trust committees initiating litigation must be approved by resolution of the Executive Committee. 2.5 Requests from Executive Committee, Trust Council and/or council committees (except section 1.2) to staff to access legal services shall result from a resolution. The CAO’s (or designate’s) approval of suc
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