AZCOPS Legal Plan
ARTICLE 1 | DEFINITIONS
1.1 Administrative Office – The Plan Administrator and Plan Administration are located at 333 W. Ft. Lowell Rd, Suite 211 Tucson, AZ 85012. This address may be changed after proper notice by AZCOPS.
1.2 Agency – The employer of the member at the time of an alleged or actual Event.
1.3 AZCOPS – The Arizona Conference of Police and Sheriffs, Inc.
1.4 Attorney – The licensed legal counsel provided by the Plan to represent the Member qualified for coverage under this Plan; such term expressly excludes any attorney for any other person or party.
1.5 Board of Directors – Governing body of AZCOPS as defined by the AZCOPS Constitution.
1.6 Correctional Officer – Full time paid jailer or detention officer employed by the state or its political subdivisions.
1.7 Emergency – An unexpected happening or event requiring immediate legal representation.
1.8 Employment – Employment as a peace officer, correctional officer, public safety employee or other Board of Directors approved class of Member as that term is defined herein.
1.9 Event – An act by commission/omission or other occurrence, taking place while the member is in good standing, which may, or does, give rise to a civil, criminal, or administrative action against the Member.
1.10 Executive Board – The Executive Board of AZCOPS, as defined by its Constitution, and which shall serve as the Governing and interpreting body of this Plan as herein authorized.
1.11 Experts – Persons employed as paid professional witnesses or consultants in a case or controversy covered by this Plan.
1.12 General Counsel – Attorney employed to administer this Plan and direct staff legal services in accordance with this Plan and the policies of the Executive Board.
1.13 Good Standing – A status of AZCOPS membership wherein a Member is current in the payment of dues.
1.14 Participating Association – Any affiliated Association of AZCOPS chartered under the Constitution of AZCOPS.
1.15 Member – A Member of a Participating Association in good standing as defined herein.
1.16 Monitor – Action by the Plan Administrator or his designee to observe the progress of a case against a member in which a defense has been tendered b the member’s agency to determine whether the appointment of a staff attorney as individual counsel for the member is necessary, such action may include but shall not be limited to receipt and review of pleadings, discovery documents, and status reports from the Agency’s appointed legal counsel and discussion with such legal counsel when necessary.
1.17 Official Performance of Duties – Acts by a Member while on duty which are required by the employer and acts by a Member while off duty which are required of a peace officer by statutory provisions or as otherwise required by other state or federal statute or law.
1.18 Peace Officer or Reserve Law Enforcement Officer – A person elected, employed or appointed as a peace officer or reserve law enforcement officer.
1.19 Plan Administrator – That person designated by the Executive Board to administer the Plan and to direct legal services in accordance with the policies as may be established by the Executive Board and the Board of Directors.
1.20 Plan or Plan Document – This writing as amended by the Board of Directors or the Executive Board in accordance with Article 4 hereinafter and the Plan of benefits provided hereunder.
1.21 Public Safety Employee – A peace officer, correctional officer or reserve law enforcement officer employed by a law enforcement agency or other criminal justice agency.
1.22 Staff/Plan Attorney – Any attorney who is employed by AZCOPS to represent Members.
1.23 The “Plan” – The AZCOPS Legal Plan, as adopted by AZCOPS and amended from time to time.
ARTICLE 2 | ENTITLEMENT TO BENEFITS
2.1 A peace officer, correctional officer, public safety employee or other Board approved class of member who has become a member of AZCOPS in accordance with the policy of the Board as set forth in this section is eligible for benefits under this Plan for Events that occur when a member is in good standing.
2.2 Any eligible person properly completing an application shall become a plan participant immediately upon payment of the required monthly membership dues by AZCOPS.
2.3 Membership dues collected by a Participating Association shall be paid to AZCOPS prior to the end of the month collected.
2.4 Effect of delinquent payment of dues – Benefits under this plan shall cease for a Participating Association, and its membership, on the day following the payment due date as described in Section 2.3 of this article. Failure by the Participating Association to forward dues in a timely manner will result in a member being ineligible for benefits under this Plan, and the Participating Association having to pay the cost of an Event as defined herein.
2.5 Notwithstanding any other provision in this Plan, all benefits for a Member terminate automatically;
(a) As of the day membership dues to AZCOPS become delinquent by nonpayment of dues by a Participating Association or;
(b) As of the day a member voluntarily retires or terminated membership in a Participating Association, or:
(c) Member knowingly falsifies a document, testimony, or fact in an ongoing investigation of an Event covered by this Plan, or;
(d) Upon dissolution of Participating Association or termination of its participation in the AZCOPS Legal Assistance Plan.
2.6 A Member otherwise entitled to Plan benefits hereunder whose employment has been terminated by an Employer, shall be entitled to legal service benefits in accordance with Article 1 of the schedule of benefits, exclusions and limitations, provided the Member was current on all required dues payments at the time of the occurrence of Event.
2.7 Any Member whose benefits terminate shall not be entitled to any refund or rebate of payments or contributions theretofore paid to the Plan.
2.8 A former Member, who retains his membership in AZCOPS in a retirement status, shall be entitled to benefits in accordance with this Plan for one (1) year from the date of retirement for any Event occurring while a Member, if retirement occurred, subsequent to the Event, pursuant to the retirement rules of his agency. Benefits shall not be provided pursuant to this section to a former Member who voluntarily resigned (other than to retire) from his employment. Dues for retired Members of AZCOPS are one-half of regular dues and are payable in advance for each successive annual period beginning with the first day of retirement.
2.9 No benefits will be paid for any member for any Event occurring;
(a) Prior to the member joining a participating association, or
(b) When a member is not in good standing.
ARTICLE 3 | CLAIMS PROCEDURES
3.1 Before becoming eligible for any benefits under this Plan, a Member making a claim for benefits following an Event hereunder shall be obligated to notify his local leadership. Leadership will immediately contact the Plan Administrator for non-emergency Events and will contact designated Attorney on all emergency Events. If an Attorney is not available, leadership will call on the emergency 24-hour WATS line and advise the Plan Administrator of the Event and claim for benefits. All Participating Association leaders will be furnished with cards reflecting Attorney’s telephone and other emergency contact numbers. Such numbers may be changed at the direction of the Plan Administrator upon notice.
3.2 In an Emergency where for whatever reason, a Member is unable to secure benefits as provided in the procedures described in Section 3.1 of this Plan, the Member should contact the AZCOPS WATS line. Notification to the Plan Administrator (or his designee) will be made. The Plan Administrator will assist in securing legal services and benefits under this Plan to cover emergencies.
3.3 The Plan Administrator, upon being notified of an Event hereunder, and receiving a claim will review the claim, establish that the Member is in good standing and request a referral from Member’s leadership.
3.4 The Plan Administrator shall initially deny any claim for benefits not covered hereunder, or any claim excluded, or limited from coverage, and inform the claimant that he/she may appeal such initial denial to such committee of the Executive Board as shall have been appointed to hear appeals in writing within 60 days or waive such appeal. Such appeal shall be described in a form provided for such purpose by the Plan Administrator. In the event no such form has been provided within fifteen (15) days of a request therefore, the Member will be deemed to have complied with the requirements hereof pertaining to submission of a written claim. If required information is not reasonably available, the Member shall have until the expiration of one (1) year from the date the expense was incurred to provide such information, unless the Member is legally incapacitated.
3.5 In the case of claims where delay in review of an appeal may result in legal harm to a Member who has expressed an intention to appeal, the Plan Administrator may conduct a telephonic meeting of such Executive Board Committee to hear appeals, to decide whether the Member will receive benefits under this Plan.
3.6 The Executive Board or a committee appointed by the Executive Board shall hear any timely appeal brought by a Member from a partial or total denial of requested benefits by the Plan Administrator. The Member shall be represented on appeal by his local leadership, or designee, of the president of the Participating association, or such other personal representative as the Member may select. If a claim has been denied in whole or in part, the Plan Administrator shall provide the claimant with written notice of such denial setting forth in a manner to be understood by the claimant the specific reasons for such denial and an explanation of the review procedures. To appeal an adverse determination upon appeal, the claimant or his authorized representative must file an application for review in writing within sixty (60) days of the receipt of a notice of denial. In all events, a final determination shall be rendered no later than 120 days after the request for the review. It is expressly provided that no action at law or equity may be brought to recover a claim hereunder until the appeal procedures herein have been completed.
In all events, any such action shall be brought within one (1) year of the time during which this Plan requires presentation of proof of loss.
3.7 A decision regarding such an appeal is final and binding concerning the interpretation and application of this Plan, except as provided above.
ARTICLE 4 AMENDMENT AND TERMINATION
4.1 In order that the Plan Administrator may carry out the obligation to maintain, within the limits of available Plan resources budgeted by the Board of Directors, a program dedicated to providing the maximum possible benefits for all Members, the Board of Directors expressly reserves the right, through action of the Executive Board, in accordance with Sections 4.2 and/or Section 4.3, at any time and from time to time, but upon a non-discriminatory basis,
(a) To amend or terminate any benefit, even though such amendment or termination affects cases already accepted as claims, provided that claims for legal services previously rendered shall not be affected;
(b) To amend or rescind any other provision of this Plan; and
(c) To annually review rates for coverage hereunder paid by or on behalf of Members based upon past experience and to adjust the rates and benefit schedules in the best interest of the Plan and Members.
4.2 By majority vote the Executive Board may alter, amend, or modify this Plan as provided in Section 4.1 at any regular or special meeting, including telephone meetings, provided, however, the Executive Board shall thereafter submit such alterations to the Board of Directors at its next regularly scheduled meeting. If the alteration made by the Executive Board is approved by the Board it shall be continued, otherwise it will become void.
4.3 This Plan and any clause thereof may be amended, altered, modified, terminated, reduced or increased in any manner by the Board in accordance with the constitution of AZCOPS and the Constitution and laws of the United States and the State of Arizona.
4.4 This Plan shall be amended to conform to the Constitution of AZCOPS.
ARTICLE 5 | MISCELLANEOUS
5.1 Limitation of Rights – Neither the establishment of the Plan, nor any modifications thereof, nor the creation of any fund or account, nor the provision or payment of any benefits, shall be construed as giving any Member or other person any legal or equitable right of action, or any recourse against AZCOPS, its officers, agents or employees, except as provided in this Plan, or a summary plan description.
5.2 Applicable Laws and Regulations – References in this Plan to any particular sections of any local, state, or federal statute shall include any regulation pertinent to such sections and any subsequent amendments to such sections or regulations.
5.3 Confidentiality – It is agreed and understood that each Member to whom assistance is rendered under this Plan is entitled to the same rights and consideration, including the right of confidentiality, to which any other client of an attorney is entitled.
5.4 Governing Law; Severability – This Plan shall be governed by and construed in accordance with the laws of the United States, and the laws of the State of Arizona, and it is intended to be performed in accordance with, and only to the extent permitted by all applicable laws, ordinances, rules and regulations of the State of Arizona. If any provision of this Plan, or the application thereto to any person or circumstance, shall, for any reason and to any such provision to other persons or circumstances shall not be affected thereby, but rather shall be enforced to the greatest extent permitted by law.
5.5 Neither the Plan Administrator, AZCOPS, nor its officers, agents, nor employees shall in any way be responsible under this Plan for any acts, occurrences, or events which are caused by acts of God or by some other person including the Member, which may affect, disrupt or terminate this agreement and thereby prevent appointed attorneys from performing the services contemplated hereunder.
5.6 Headings – The headings contained in this Plan are for reference purposes only and shall not in any way affect the meaning or interpretation thereof.
5.7 Pronouns used in the masculine gender shall apply equally to the feminine gender.
5.8 Nouns or pronouns used in a singular tense may be read to also include the plural tense where consistent with this document as a whole, and conversely nouns or pronouns used in a plural tense may be read to also include the singular tense where consistent with this document as a whole.
5.9 Waiver – No failure to enforce strictly any provision of this Plan shall be construed as a waiver of such a provision. The Plan Administrator and AZCOPS reserve the right to enforce strictly each and every provision of the Plan at any time, regardless of the nature or number of prior occurrences or the similarity of the circumstances.
ARTICLE 6 | COMPLAINT PROCEDURE
6.1 It is the policy of the Plan to encourage and solicit comments regarding administration of this Plan. Any person who is dissatisfied with any aspect of the administration of this Plan is requested to utilize the following complaint procedure; provided, however, that denial of Plan benefits shall be appealed only as set forth in Article 3, Section 3.7, of this Plan document.
(a) Complaints are to be set forth in writing and directed to the Plan Administrator, who shall direct the complaint to any or all members of the Executive Board, with copies to any persons who may be the subject of the complaint.
(b) Within fourteen (14) days of the receipt of the complaint, the Plan Administrator shall contact the complainant and ascertain if the complainant or any person named in the complaint, or the Executive Board, wish to conduct a hearing on the matter before the Executive Board. If so, a hearing will be scheduled at the next regular Executive Board meeting which the complainant and persons named in the complaint are available to attend. Provided, however, that if more immediate action is appropriate, the parties may convene on a conference telephone call.
(c) At the hearing all interested parties will be entitled to appear and discuss the matter.
(d) At the conclusion of the hearing, the Executive Board will take any appropriate action to fulfill their responsibilities in the interests of all the Plan members.
6.2 No provision of this Article 6, however, shall alter or modify the provisions of Article 3, Claims Procedures, above.
SCHEDULE OF BENEFITS, EXLUSIONS AND LIMITATIONS 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, while in performance of duty.
(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) Personnel Board or Merit System Hearings for involuntary termination of employment, demotion, suspension or other disciplinary employment actions against a member to the extent that the prevailing agency policies, procedures or rules provide for a formal administrative hearing.
(e) Appeals to the office of Administrative Hearings regarding certification actions taken against a Member by the Arizona Peace Officer Standards and Training Board (“AZPOST”) and for hearings before AZPOST.
(f) Criminal charges or indictments arising out of the Member’s official performance of duty;
(g) 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 Section 1.1 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 reasonable 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 Section 1.1 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 reasonable 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 reasonable 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 with the 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 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 for 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 (b) hereof;
(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 here under.
1.7 Legal Advice or Counseling – Subject to Section 1.1 of this article, a Member or participating association shall receive the following legal services:
(a) Customary and reasonable legal counseling services as provided in Sections 1.2, 1.6 above and concerning the meaning of statutes involving open records, pensions, disability, civil services, collective bargaining, or social security.
(b) Provided, however, this Plan does not provide for such legal counseling to the extent that the Member may be impacted by external laws, including, but not limited to taxation statutes.
1.8 Defense of Participating associations – A participating association shall, upon approval of the Plan Administrator, be entitled to a legal defense in a civil action brought against the participating association by one of its members, including members, if such civil action arises out of the participating association’s normal course and scope of labor relations business.
1.9 Workman’s Compensation and personal injury cases- A member shall be covered for a workman’s compensation claim for an initial, one time consultation per incident to a maximum of $300.00. In addition, AZCOPS will provide the following workers compensation coverage:
A. Legal representation in Workers Compensation proceedings to:
1. Obtain coverage following the denial of a member’s workers compensation claim;
2. Reopen a closed claim; and
3. Obtain a monetary award if the member is unable to obtain legal representation on a contingent fee basis.
B. Legal representation includes all customary, reasonable and necessary services and expenses in pursuing claims under section A.
C. Workers Compensation proceedings include all initial hearings before the Industrial Commission but do not include appeals from the Industrial Commission to the courts.
D. AZCOPS will not provide counsel to members to file initial workers compensation paperwork with their employers.
ARTICLE 2 | EXCLUSIONS AND LIMITATION
In addition to exclusions and limitations set forth elsewhere in this Plan, the following exclusions and limitations shall apply.
2.1 Exclusions – The provisions of benefits under this Plan shall be subject to the following exclusions;
(a) No benefits shall be provided under this plan for any action or case arising out of violation of or coverage by provisions of the Federal Equal Employment Opportunity Act (42 U.S.C.
Section 1000 et seq.) or any other similar state, county, or city law, statute, ordinance, regulation or rule of a similar type or description.
(b) No benefits shall be provided under this Plan for any action to obtain, protect, preserve or set aside pension or retirement benefits.
(c) No benefits shall be provided under this Plan for any action to obtain a promotion or assignment, or to establish any position for a Member on an eligibility list for any promotion or assignment.
(d) No benefits shall be provided under this Plan for legal services to one Member when such legal service if successful would cause legal injury to another Member unless the Executive Board first approves legal services for defense of a Member against such a potential injury, provided, however, if prior to the case or controversy arising the Executive Board adopts a policy on construction of a statutory provision which, if accepted by a court, would necessarily result in a decision for an interest(s) and against a competing interest(s) representation of that interests(s) favored by the policy may be approved to the exclusion of the competing interests. Approval of legal representation for such competing interests shall be at the broad discretion of the Executive Board in the best interests of the Plan.
(e) No benefits shall be provided to a Member in a civil action opposed to a participating association even if legal services are provided to that participating association notwithstanding any language in 2.1.(d) above.
(f) No benefits shall be provided under this Plan to cover any monetary award for damages or otherwise, whether by judgment, settlement or otherwise, against a Member in any action.
(g) No benefits shall be provided to cover the attorney’s fees or costs of an opposing party, or any party other than the Member awarded against a Member in any action.
(h) No benefits shall be provided under this Plan related to proceedings brought against a Member for breach of an agreement with his employer to remain employed.
(i) No benefits shall be provided under this Plan related to proceedings involving the medical condition of a Member.
(j) No benefits shall be provided under this plan which are otherwise available to the Member, except as specifically provided by this Plan in Section 2.2 of this article.
2.2 Limitations – The provision of benefits under this plan shall be subject to the following limitations:
(a) No benefits shall be provided under this Plan in any proceeding in which the Member’s employer or it’s insurer, whether by agreement, policy or operation of law (e.g.) agrees or undertakes to provide a defense and further agrees to, or undertakes to, indemnify a Member for all compensatory damages arising out of the proceeding.
(b) In the event a Member’s employer agrees to defend the Member but refuses to fully indemnify the Member or asserts a reservation of rights to indemnification of the Member, pending outcome of the proceeding, then the Member may have his case monitored by a staff attorney, but no other benefits shall be provided under this Plan.
(c) In the event the employer and its insurer refuses to defend a Member in a civil action, the Member may be represented under Section 1.3 of this Schedule of Benefits only where the member presents proof of a written request delivered to his employer and where the member executed an agreement subordinating The Plan to his rights against his employer or its insurer.
(d) In the event a Member shall recover from any third person or party any amounts as damages (other than for lost compensation), attorney’s fees or costs in a case in which the benefits have been provided under this Plan, the Plan shall be entitled to reimbursement from such Member to the full extent of the outlays made by the Plan on behalf of said Member here under. Members agree to cooperate with the Plan in this regard, and to that end, upon request, execute any and all documents necessary or convenient to facilitate such recovery by the Plan and if such Member shall have a right of action against any such third party for such damages, attorney’s fee or costs and does not wish to pursue the same, he will upon request, assign such right of action to the Plan to the event lawfully permissible and assist the Plan in prosecution of such cause of action.
(e) No benefits shall be provided to a Member who is untruthful with his counsel or who does not cooperate with his counsel. In such a case, the right of said Member to legal services here under may be terminated or suspended by the Plan Administrator subject to appeal to Plan Administrator. Furthermore, if benefits are provided to a Member based upon misrepresentation by the member to the Plan Administrator or Executive Board, the Plan shall be entitled to terminate or suspend benefits here under, and to reimbursement from the Member of the cost of benefits provided based on the misrepresentation.
(f) No provision of this Plan shall require the Plan, its employees or attorneys, or attorneys associated with them, to perform any act in violation of the Code of Professional Responsibility of the State Bar of Arizona including, but not limited to, the prohibition against interference by any organization interfering with or controlling the performance of an attorney’s duty to his client.
(g) Benefits shall be terminated in the event it is determined by the Plan Administrator that it is in the best interests of the Member to cease his representation in a case, e.g., in cases where continued proceedings may subject the Member to more severe civil, criminal or administrative sanctions, to damages or attorney’s fees, and costs from the proposed defendants.
2.3 Coordination of Benefits – Benefits under this Plan shall not be provided to the extent they are furnished to a Member by any other plan, program or policy which provides group legal services to peace officers, correctional officers, public safety employees, or other Board approved classes of members.
2.4 Executive Policy and Attorney Selection – Benefits under this Plan will be provided in accordance with the policies of the Board of directors, and legal representation in each case shall be by counsel selected by the Plan Administrator, subject to appeal to the Board of Directors.
AZCOPS CONSTITUTIONAL PROTECTION STATEMENT
“On ______________ (date) _____, __________ (time) at ________________________________ (place), I was ordered to submit this report (give this statement) by ______________________________ (name and rank) ________________________. I submit this report (give this statement) at his order as a condition of employment. In view of possible job forfeiture, I have no alternative but to abide by this order. “It is my belief and understanding that the department requires this report (statement) solely and exclusively for internal purposes and will not release it to any other agency or authority except as is required by law. It is my future belief that this report (statement)) will not and cannot be used against me in any subsequent proceeding other than disciplinary proceedings within the confines of the department itself. For any and all other purposes, I hereby reserve my constitutional right to remain silent under the FIFTH and FOURTEENTH AMENDMENTS to the UNITED STATES CONSTITUTION and other rights PRESCRIBED by law. Further, I rely specifically upon the protection afforded me under the doctrines set forth in Garrity vs. New Jersey 385 U.S. 493 (1967), and Spevack vs. Klein, 385 U.S. 511 (1967), and Gardner vs. Broderick 392 U.S. 273 (1968), should this report (statement) be used for any other purpose of whatsoever kind or description.”
WORD THE ABOVE VERBATIM AT THE END OF YOUR STATEMENT
As a condition of employment you are required to abide by the rules and regulations. You must answer questions, give statements, and submit reports at the order of an investigating officer, or become subject to disciplinary action for refusal to obey. It is suggested that you include the procedure outlined above when making statements or submitting reports concerning complaints from citizens, or when you are suspected of violation of the law or the rules and regulations. By doing so you will ensure that your statements and reports cannot be used as evidence against you in any proceeding before an agency bound by the rules of evidence. The procedure suggested is lawful and proper. Each individual officer must decide for him/herself if he/she is going to use it. Our advice is that we all use the procedure all the time. This way there will be no special stigma on its use. Remember that it is better to be safe than sorry and it is better to have it and not need it than to need it and not have it. In this country under our system of government, NO PERSON NEED BE ASHAMED, NOR SHOULD HE BE AFRAID TO DEMAND AND PROTECT HIS CONSTITUTIONAL RIGHTS.
1. Representation for members, spouses and dependent children (Under 18 or 23 if a full-time student residing with the member) will be represented if either one is named as a defendant or respondent in an employment-related civil or criminal action to the extent that the member’s employer does not provide legal counsel.
2. Discipline Hearing Representation for employment-related matters for members, spouses and dependent children for wrongful terminations; demotions; or suspensions for which appeals are allowed.
3. Worker’s Compensation and personal injury cases (members, spouses, and dependent children).
4. Civil Traffic Representation (members, spouses, dependent children) – limited to citations issues within Arizona, and limited to one citation per year per person, and includes payment of defensive driver’s training/school.
5. Free telephonic or office consultation for employment-related matters (members, spouses, dependent children).
6. Free Wills and Powers of Attorney (members, spouses, dependent children).
7. Discounted rates for other legal services (members, spouses, dependent children).
8. Bond premium for a bail bond up to a bond amount of $50,000 in job related criminal matters.