I. Introduction:

The Arizona Fraternal Order of Police Arizona Labor Council Legal Plan, hereafter referred to as “the Plan”, is a self-funded legal plan established in partnership between the Law Offices of Yen, Pilch, Robaina, & Kresin, hereafter referred to as “the Firm”, and the Fraternal Order of Police Arizona Labor Council, hereafter referred to as “the ALC”. The Plan’s primary purpose is to provide Members with experienced attorneys who are qualified to defend Members in employment-related civil, criminal, and administrative matters. The Plan provides Members and their families with access to attorneys to advise and represent them in the diverse kinds of legal matters they are likely to encounter in our increasingly complex society.

II. Membership Qualification:

To qualify for access to the Plan’s benefits, Members must be current in the payment of the Member’s FOP and ALC dues.

III. Accessing Attorneys:

Members may contact the Firm directly on weekdays between 9:00 am and 5:00 pm by calling (602) 241-0474. Once their membership is confirmed, a Firm attorney will return the Member’s call.

IV. Definitions:

“Critical Incident” means an Employment Related incident that requires immediate legal response to defend a Member, such as an officer-involved shooting or in-custody death.

“Dependent Children” means a Member’s children under the age of 18, or under the age of 23 if they are a full-time student residing with the Member.

“Employment Related” means the alleged acts or omissions which give rise to the incident were performed as a result of a Member’s job duties, and are consistent and within the course and scope of the Member’s job duties and training. This includes incidents outside the bounds of work hours if the alleged acts or omissions are also directly related to the Member’s certifications and the expectations of their employer.

“Local Lodge” means the FOP Lodge that a Member should belong to and is charged with representing the Member.

“Member” means a member of the Plan.

“Spouse” means a Member’s legal wife or husband on the date of incident.

V. Critical Incident Callouts:

Members receive statewide 24/7 attorney response to Critical Incidents. When appropriate, this includes simultaneous response by a Local Lodge representative.

VI. Administrative Representation:

Subject to the terms, conditions, and exclusions specified in the Plan, Members, Spouses, and Dependent Children receive the following:

• A. Attorney representation at pre-disciplinary and post-disciplinary administrative hearings, including disciplinary appeals to merit boards, personnel boards, commissions, the Arizona Peace Officer Standards and Training Board (AZPOST), or other administrative tribunals.
• B. Salary Reimbursement Option. In lieu of receiving the above attorney representation, a Member may elect to be paid reimbursement for lost salary of up to 20 hours of the Member’s lost base pay salary or $500, whichever is less, under the following conditions:

1. The Member has a legal right to administratively appeal a suspension or other discipline which results, or may result, in lost salary; and
2. The Firm and the Member agree that it is not, or may not be, in the best interests of the Member to pursue the Member’s appeal rights.

This election cannot be rescinded or reversed once made, and cannot be exercised more than once every five (5) years.

VII. Employment Related Criminal Representation:

Subject to the terms, conditions, and exclusions specified in the Plan, Members receive the following:

• A. Attorney representation for a Member who is charged or indicted with a criminal offense for acts or conduct that are Employment Related as defined in Section IV above.
• B. Reimbursement of attorneys’ fees up to $5,000 if a Member is charged or indicted with a criminal offense for acts or conduct which the Member believes are Employment Related if each of the below conditions are met:

1. The Firm declines to provide criminal legal defense because, the Firm, after its exercise of due diligence, determines the offense is not Employment Related as defined in Section IV above;
2. The Member is tried and found “not guilty” of the offense;
3. The offense alleges acts or omissions that are later determined by a court of law or by a majority vote of the ALC Executive Committee, to be within the Member’s job duties as a law enforcement officer or in the performance of their primary assignment or certifications as a law enforcement officer; and
4. The Member continuously maintains their ALC membership until such time as the Member is found “not guilty” of all offenses.

This Section includes incidents outside the bounds of work hours if the actions are Employment Related and are directly related to the Member’s certifications as a law enforcement officer and the expectations of their employer. The Plan does not cover, and is not intended to cover, personal criminal matters or solely personal, non-Employment Related actions that are criminally charged or indicted.

VIII. Bail Bond 50k:

The ALC will pay a bond premium for a bail bond up to a bond amount of $50,000 if a Member is charged with an Employment Related criminal offense. The Member is responsible to abide by all court orders and to take all action necessary to ensure that any and all refundable bond payments are refunded to the ALC.

IX. Civil Representation:

• A. Attorney representation to defend against Employment Related civil actions to the extent that the Member’s employer does not provide legal representation to the Member.
• B. If the Member’s employer provides legal representation, the Firm, at the request of the Member, will monitor and review the progress of the case to ensure the matter is handled in the best interest of the Member.
• C. If a Member recovers damages other than costs or attorneys’ fees, the Firm and the ALC shall not seek reimbursement of costs from the Member.

X. Class Action Lawsuits:

Members may receive attorney representation in class action lawsuits, as approved by the Local Lodge and the ALC in consultation with the Firm.

XI. Employment Related Medical Matters:

Subject to the terms, conditions, and exclusions specified in the Plan, Members receive the following:

• A. Workers Compensation. Attorney representation in Workers’ Compensation matters as follows: No upfront costs for accepted contingency fee cases. For non-contingency fee cases, Members receive up to $2,000 of legal services and, if determined to be necessary by the Firm, up to $400 of additional costs.
• B. Medical Retirement. Attorney consultations regarding state- or employer-provided pension and retirement matters. If a Member desires to retain the Firm to represent them in seeking to obtain pension benefits, including accidental disability pensions, the Firm may provide representation to the Member at discounted rates.

XII. LEOSA/HR218 Coverage:

Subject to the terms, conditions, and exclusions specified in the Plan, Members receive the following:

• A. Inside the State of Arizona:

1. Use of Deadly Force. The ALC will provide up to $3,000 for legal services if a Member is criminally investigated for use of deadly force if they have a current and up-to-date LEOSA certification, provided that they committed no separate, unrelated, unlawful act during the incident. This provision is subject to a $300 deductible. The Firm and the ALC commit to working with the Grand Lodge, the attorneys from the Grand Lodge, and the Member’s Local Lodge to monitor the case and seek additional resources and funding, if necessary.
2. LEOSA Carry. The ALC will pay up to $2,000 for legal services if a Member is criminally investigated for incidents involving the carrying of a firearm if they have a current and up-to-date LEOSA certification, provided that they committed no separate, unrelated, unlawful act during the incident, and the carry was lawful under LEOSA guidelines. This provision is subject to a $300 deductible. The Firm and the ALC commit to working with the Grand Lodge, the attorneys from the Grand Lodge, and the Member’s Local Lodge to monitor the case and seek additional resources and funding, if necessary.

• B. Outside the State of Arizona:

1. Use of Deadly Force. The ALC will provide up to $5,000 for legal services if a Member is criminally investigated for use of deadly force if they are currently employed as a certified law enforcement officer or have a current and up-to-date LEOSA certification, provided that they committed no separate, unrelated, unlawful act during the incident. This provision is subject to a $300 deductible. The Firm and the ALC commit to working with the Grand Lodge, the attorneys from the Grand Lodge, and the Member’s Local Lodge to monitor the case and seek additional resources and funding, if necessary.
2. LEOSA Carry. The ALC will pay up to $3,000 for legal services if a Member is criminally investigated for incidents involving the carrying a firearm if they have a current and up-to-date LEOSA certification, provided that they committed no separate, unrelated, unlawful act during the incident, and the carry was lawful under LEOSA guidelines. This provision is subject to a $300 deductible. The Firm and the ALC commit to working with the Grand Lodge, the attorneys from the Grand Lodge, and the Member’s Local Lodge to monitor the case and seek additional resources and funding, if necessary.

XIII. Employment Contract Development:

Members may receive attorney assistance with development and negotiation of employer agreements/MOUs, if authorized by the ALC, the Local Lodge, and the representative bargaining unit. The National FOP Labor Services Division is also available to assist in this matter.

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