Brethern,

As many of you may be aware, there has been an increase in legal aid requests to our Lodge. Some of those requests are attributable to our growth in membership. However, it cannot be denied that there has also been an increase in aggressiveness on the part of many municipalities toward police officers with respect to collective bargaining and disciplinary issues. This may seem to contradict the post-9/11 desire of politicians to position themselves as standing shoulder to shoulder with law enforcement but, on deeper analysis, there is no contradiction.

Our elected officials have always “talked the talk” about being on the side of law enforcement when it comes to crime. However, they have rarely ever “walked the walk” when it comes to providing adequate numbers of police, or providing our members of law enforcement with reasonable wages and benefits commensurate with the risk and difficulty of the job. Elected officials will never publicly downplay the dangers inherent in law enforcement, but they do not hesitate to downplay the importance and complexity of the job when dealing with their police officers on labor issues. There are some outstanding elected officials in this county who genuinely recognize and appreciate the difficulties faced by police officers, but they are the exceptions to the rule. Unfortunately, it is more common for our members to be in an adversarial position with respect to their civilian officials when contract negotiations begin or a job action occurs.

Our members have been fortunate to belong to a Lodge which firmly believes in supporting a member or an association when the need arises. This support has taken the form of assistance in negotiations from the Labor Committee, legal aid, and financial support.

It will come as no secret to our members that many municipalities will often attempt to outspend an association or individual officer when there are issues between them. The combined numbers of our Lodge can help in “leveling the playing field” with respect to financial resources, but even the financial assistance from the Lodge has its limits.

There has been much discussion among the leadership in the Lodge concerning the merits of the legal defense plan of the National Lodge. Below are some highlights from this plan:

PLAN STRUCTURE

Coverages - Reimbursement of Legal Defense Costs

Subject to the terms, conditions, limitations and exclusions specified in the Plan Description, the Plan provides these coverages:

Coverage A - Administrative: Legal defense or, subject to the absolute discretion of the Benefit Administrator and the Board, other appropriate legal challenge to administrative discipline, sanction or proceeding:

a. involving salary, dismissal, change of assignment, demotion, promotion, leave of absence, resignation or other professional rights, duties or responsibilities where such discipline, sanction or proceedings arise directly out of the Participant’s activities in the scope of law enforcement employment; or

b. involving the issuance, suspension, cancellation or revocation of any credential, certification or license issued by federal, state or local authorities, which credential the Participant is required to have in the scope of law enforcement employment;

Coverage B - Civil: legal defense of a civil action or proceeding brought against a Participant, arising directly out of the Participant’s activities in the scope of law enforcement; provided, coverage does not extend to counterclaims or cross-claims brought by a Participant, unless the Board approves otherwise; and

Coverage C - Criminal: legal defense of a criminal action or proceeding brought against a Participant, arising directly out of the Participant’s activities in the scope of law enforcement employment, including grand jury proceedings.

LEGAL PLAN PAYS:

If the Participant uses a Plan attorney reasonable and necessary legal fees for Coverages A, B and C are fully paid when using a Plan attorney*. When a Plan attorney is used, there is no deductible. Reimbursable costs are paid by the Plan up to the maximum stated in the Plan Description.

If the Participant uses a non-Plan attorney, a $250 deductible applies. After the deductible is met, the Plan pays legal fees up to the amounts shown below:

Coverage A (Administrative): initial consultation, preparation and hearing - $9,000.00

Coverage B (Civil): pleading and preparation - $9,500

trial - $9,000 @ $700 per day maximum

Coverage C (Criminal): pleading and preparation - $9,500

trial - $9,000 @ $700 per day maximum

advice and consultation for grand jury hearing - $2,500

Reimbursable costs limited to $1,500.

*A “Plan attorney” means an attorney with whom the Plan has contracted to provide legal services, as listed by the Plan.

PARTICIPANT FEES (Effective January 1, 2003)

GROUP PARTICIPANTS: $197/year

all Coverages - A, B and C

(A “group” is defined as 50 active members of a Local Lodge, State Lodge, bargaining unit or State Labor Council or 50% of the active law enforcement officers in such entity.)

INDIVIDUAL PARTICIPANTS: $215/year

all Coverages - A, B and C

SUMMARY OF COVERAGE

Defense of Administrative Proceedings

(If not covered by union, employer or insurance)

• Duty-related law-enforcement activities involving members of the public

• Duty-related law enforcement activities NOT involving members of the public

• On-duty non-law-enforcement activities (DUI/DWI, horseplay, spousal abuse, etc)

• Issuance, suspension, cancellation or revocation of federal, state or local credential, certification or license required by job

Defense of Civil Lawsuits

(If not covered by union, employer or insurance)

• Duty-related law-enforcement activities

• On-duty, non-law-enforcement activities

Defense of Criminal Prosecutions

(If not covered by union, employer or insurance)

• Duty-related law enforcement activities

• On-duty, non-law enforcement activities

• Grand jury proceedings against member

Benefit Appeals:

• Two stages

• Final stage Appeal Board is FOP organization made up of experienced police officers only

Extended Coverage After Termination:

• If incident reported within 120 days after coverage terminates - 5 years

• If incident not reported within 120 days after coverage terminates - 120 days

Defense of Administrative Proceedings:

(If not covered by union, employer or insurance)

• Duty-related law enforcement activities involving major discipline

• Duty-related law enforcement activities NOT involving major discipline, e.g., reprimands, etc.

• On-duty, non-law enforcement activities (DUI/DWI, horseplay, spousal abuse, etc.

• Issuance, suspension, cancellation or revocation of federal, state or local credential, certification or license required by job

• Employer actions taken because of physical and/or psychological health

• Automatic right of appeal to administrative review board

• Automatic right of appeal to court from decision of administrative review board or equivalent

Defense of Civil Lawsuits:

(If not covered by union, employer or insurance)

• Duty-related law enforcement activities

• On-duty, non-law enforcement activities

• Automatic right of appeal from adverse judgment

Defense of Criminal Prosecutions:

(If not covered by union, employer or insurance)

• Duty-related law enforcement activities

• On-duty non-law enforcement activities

• Automatic right of appeal from conviction

Miscellaneous Coverage Terms:

• Right to choose attorney

• Plan responsible for all charges by Plan attorney

• Claim automatically covered anywhere in the nation

• Plan cannot terminate coverage after claim reported

Plan Costs: $197/group

Finally, additional information and testimonials from police officers can be obtained from the Plan Administrator at www.fophyland.com.