CLEAA BADGE
  • "The voice of public safety in arizona"
    A Member Agency of
  • Facebook
    rss
slide 1

Legal Plan

ARTICLE 1:  BENEFITS

1.1. All benefits set forth in this article are subject to the exclusions and limitations set

forth in this Plan and attached hereto.

1.2. Members are entitled, but not limited to Legal Plan Benefits for the following:

(a) Member involved shooting

(b) In custody death or life threatening injury;

(c) Accident, while in performance of duty, resulting in a life threatening injury or death to

others;

(d) Accidental discharge of a firearm

(e) Appeal of protective orders or injunctions against harassment where Member is listed as Defendant

A one-time consultation with an attorney for workers comp issues or denial of claims. If the claim requires further action or litigation, the Plan Administrator must approve of the extension of the legal plan benefit and the relevant Participating Association President will present the claim to the CLEAA board for approval of coverage/continued support (f) evaluation of EEOC issues

(g) Involuntary termination from employment;

(h) Demotion;

(i) Criminal charges or indictments arising out of the Member’s official performance of duty;

(j) Suspensions to the extent that the prevailing agency policy, procedures or rules provide for a

formal administrative hearing;

(k) Disciplinary actions to the extent that the prevailing agency policy procedures or rules

provide for a formal administrative hearing;

(l) Civil actions arising out of the Member’s official performance of duty if representation is not

provided by employer.

1.3. Defense of civil actions – Subject to Sections 1.1 and 1.2 of this article, a Member shall be entitled to

the following legal services in regard to civil actions:

(a) Legal defense in a civil action brought against a Member arising out of the Member’s official

performance of duty as a peace officer, correctional officer, public safety employee or other

Board-approved class of member;

(b) Customary and reasonable legal counseling services in preparation for an action described in

subsection (a) hereof, whenever it appears reasonably probable that such an action will be

commenced;

(c) Necessary costs of court or of the litigation including, but not limited to Deposition costs;

(d) Subject to approval by the Plan Administrator, customary and reasonable expert consulting

and/or witness fees necessary to provide adequate legal representation hereunder.

1.4. Defense of criminal cases –Subject to Sections 1.1 and 1.2 of this article, a Member shall be entitled

to the following legal services in regard to criminal cases:

(a) Legal defense in a case where the Member is officially charged or indicted with an offense

for acts or commissions arising out of the official performance of duty as a peace officer,

correctional officer, public safety employee or other Board-approved class of member; provided

that the member is charged with an offense alleging that the member:

(I) Unlawfully subjects another to mistreatment or to arrest, detention, search, seizure,

dispossession, assessment or lien; or

(ii) Unlawfully denies or impedes another in the exercise or enjoyment of any rank, privilege,

power or immunity; or

(iii) Unlawfully misuses government property, services, personnel or any other thing of value

belonging to the government that has come into the member’s custody or possession by virtue of

the member’s employment.

(b) Customary and reasonable legal counseling services in preparation for a case described in

Subsection (a) hereof, whenever it appears reasonably probable that such a criminal prosecution

will be commenced or whenever a criminal investigation relating to such an offense focuses on

the Member, whichever is earlier;

(c) Necessary costs of court or of the litigation, but not limited to deposition costs;

(d) Subject to approval by the Plan Administrator, customary and reasonable expert consulting

and/or witness fees necessary to provide adequate legal representation hereunder;

(e) Legal representation for any appeal of a criminal conviction only to the extent of approval by

the Plan Administrator with advice and consent of the Executive Board, if any.

1.5. Other criminal cases –Subject to Section 1.1 of this article, a Member shall be entitled to the

following benefits:

(a) In any case in which a Member is officially charged or indicted for any offense not

specifically set forth in Section 1.4 of this article, for acts or omissions which occurred during his

official tour of duty or when required to act as a peace officer, a Member shall receive the

services and reimbursements provided for in Subsections (b), (c), and (d) hereof;

(b) Customary and reasonable legal counseling services in preparation for a case described in

Subsection (a) hereof, whenever it appears reasonably probable that such a criminal prosecution

will be commenced or whenever a criminal investigation relating to such an offense focuses on

the Member, whichever is earlier; and/or

(c) A reimbursement for reasonable legal fees, costs, and expenses provided by an outside

attorney selected and retained with the prior approval of the Plan Administrator, to a total maximum of $5,000; but only if the Member is found “not guilty” of the offense of which the Member has been accused or pleads not guilty and the charges or indictment are dismissed; and it is further provided, that

the maximum reimbursement set forth in Subsection (c) hereof applies regardless of the number of prosecutions arising out of the same Event; it is further provided, that in lieu of the reimbursement described in paragraph (c), the Plan Administrator may at his option provide representation by an attorney selected by the Plan Administrator.

1.6 Affirmative civil litigation – Subject to Section 1.1 of this article, when legal assistance may

have a positive effect on law enforcement locally or statewide, the Plan Administrator within the

restrictions of sound fiscal management of the Plan may in his sole discretion on a case-by-case

basis provide part or portion of the following benefits:

(a) Legal representation to ensure or promote compliance by an employer with prevailing

statutory or the constitutional provisions for Members or participating associations;

(b) Legal representation to obtain interpretation of prevailing statutes for participating

associations;

(c) Customary and reasonable legal counseling services concerning the legality of political,

lobbying, or collective bargaining tactics by participating associations;

(d) Costs of court in actions brought pursuant to Subsections (a) and

(e) Expenses of attorneys in providing services under (a), (b) or (c); and/or

(f) Subject to approval of the Plan Administrator, customary and reasonable expert consulting

and/or witness fees necessary to provide adequate legal representation hereunder.