DSA
Legal
Defense Plan |
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One of the primary objectives of the Deputy Sheriffs' Association of San Diego County (DSA) is to effectively represent its members in all matters involving employment relations with the County of San Diego. Consistent with that objective, the DSA operates a legal defense program for representation of its membership in administrative, criminal and civil matters that arise out of, and are within the course and scope of their employment with the Sheriff's Department. The DSA Board of Directors initially established the San Diego County Legal Defense Program on July 1, 1986. This program was modified on September 3, 1999. The Legal Defense Program is managed by a Legal Defense Program Committee consisting of five persons, each of whom must be a full-time member in good standing of the DSA. Each committee member is appointed for a term of office as determined by the DSA Board of Directors. The Legal Defense Program is a discretionary plan provided only to members of the DSA. The duty to provide services described within this plan is limited to the "duty of fair representation" as described in Vaca v. Sipes (1967) 386 U.S. 171. It is recommended that each member read this
[booklet]
carefully since it describes eligibility requirements and benefits
available to you as a DSA member under the terms of the Legal Defense
Program. Questions concerning the Legal Defense Program should be
directed to the members of the Legal Defense Program Committee or the
Board of Directors.
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A. Legal Defense Program Committee: The term "Legal Defense Program Committee", and "Committee member" shall mean the Legal Defense Program Committee of the Deputy Sheriffs' Association of San Diego County and members of that committee. B. Course and Scope of Employment: The term "course and scope of employment" shall mean course and scope of employment as a San Diego County Deputy Sheriff. Acts within the "course and scope of employment" for purposes of this Program shall not include acts constituting a misuse of official authority. The determination of whether a particular act or allegation is within the "course and scope of employment" shall be within the sound discretion and good business judgment of the DSA Legal Defense Program Committee. The final determination as to whether a particular act or allegation is within the "course and scope of employment" for the purpose of coverage of this program will be made by the Board of Directors of the DSA. C. Legal Defense Program: The term "Legal Defense Program", "Program", "DSA LDP" and "LDP" shall mean the program described by this document and established by the DSA Board of Directors to provide certain legal services as a benefit of membership in the San Diego County Deputy Sheriffs' Association. D. Legal Services Provider: The term "Legal Services Provider" shall mean an attorney or law firm selected by the DSA Board of Directors to provide exclusively the legal services provided in the Legal Defense Plan. E. Member: The term "Member" shall mean a full-time member of the San Diego County Sheriff's Department who, at the time of the incident which qualifies under the terms of the Program as the basis for furnishing legal services, and at the time representation is requested and during the time it is provided, holds membership in good standing in the DSA or as a member of a class required by the DSA to pay dues which include an LDP contribution or a terminated, retired or resigned full-time sworn member of the San Diego County Sheriff's Department who was a member in good standing in the DSA at the time of an incident which qualifies under the terms of this Program as the basis for furnishing legal services and who is qualified under this program to receive legal representation. F. Legal Services Coordinator: The term "Legal Services Coordinator" shall mean an employee of the "Legal Services Provider" assigned to coordinate the Legal Defense Program and employee representative program. |
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A. Requests for Representation: Members are required to initially notify the Legal Services Coordinator of their need for legal representation before they are eligible for representation under this program. The Legal Services Coordinator shall immediately notify the Chairperson of the Legal Defense Program Committee if any question arises as to whether a member is covered under this program. Upon accepting a request for legal services under this plan, the Legal Services Coordinator shall assign an employee representative or an attorney employed by the Legal Services Provider to assist the member. The Legal Services Coordinator shall notify the chairperson of the Legal Defense Program Committee in writing when a member has been accepted or rejected for services under this plan. If an emergency exists and the Legal Services Provider business offices are closed, requests for legal representation shall be made directly to any member of the LDP Committee by contacting the Sheriff's Department Communication Center. If a member of the LDP Committee is not available, the member shall contact an attorney employed by the Legal Services Provider via the DSA after-hours answering service. B. Legal Services Authorization: Upon receipt of a request for legal representation, the Legal Services Coordinator shall evaluate the request in accordance with this plan. If the Legal Services Coordinator determines that the member is not entitled to services under this plan, the member shall be immediately referred to a member of the LDP Committee for evaluation. The member may request the LDP Committee make an independent determination whether the member is entitled to representation in accordance with the provisions of this plan. If the committee determines by a majority vote that the member is entitled to coverage, the decision of the Committee shall be final. If the LDP Committee determines that the member is not entitled to representation in accordance with the provisions of this plan, the member may appeal to the DSA Board of Directors. If the DSA Board of Directors determine that the member is entitled or not entitled to coverage by a majority vote, the decision shall be final. |
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A. Introduction: Members shall receive the representation hereinafter described, subject to the limitations and exclusions set forth herein. 1. Administrative Proceedings: i. In departmental actions arising out of non-course and scope conduct, representation shall be provided only through a pre-discipline Skelly hearing. Representation beyond the Skelly hearing will not be provided in such cases. ii. Representation, including investigative and related services approved by the LDP Committee will be provided in any departmental proceeding, including interviews and interrogations which might possibly lead to a punitive action, pre-disciplinary proceedings and post-disciplinary appeal in all matters which arise out of an act or omission by a member in the course and scope of his/her employment. 2. Criminal Defense: Legal Representation, including all customary and reasonable investigative and related services approved by the LDP Committee, in any criminal action brought against the member which arises out of or is based on an act or omission in the course and scope of his/her employment through all proceedings authorized by the LDP Committee at the trial court level. Representation in any proceedings beyond the trial court level shall be subject to a separate request directed to and authorization by the LDP Committee.
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A. Introduction: The following limitations and exclusions apply to this plan in making a determination as to whether a Member shall be provided representation under the Legal Defense Plan. B. Limitations: 1. Administrative: Legal representation by an attorney shall not extend to pre-disciplinary proceedings in which the disciplinary action which is actually threatened or is reasonably likely to be imposed is a reprimand or less. 2. Civil: Legal representation in civil actions shall not extend to cases in which the County of San Diego and/or its insurer has undertaken to indemnify and defend the Member pursuant to Government Code Sections 825 and 995, or other wise provided that if the County and/or its insurer refuses to defend and/or indemnify the Member, legal representation shall be provided and the Legal Defense Program shall be subrogated to the Member's rights against the County and/or its insurer which arise out of failure or refusal to meet or the placing of limits upon the obligation to defend and indemnify the Member. Whether or not the County and/or its insurer undertakes to indemnify and defend a Member named as a defendant in a civil case, if punitive damages are sought based upon allegations of misconduct in the course and scope of employment, legal counsel to the LDP will, without participating as attorney of record for the Member, monitor the progress of the issue of punitive damage liability. Requests for monitoring representation shall be made in the manner described in Paragraph A of Section III of this document. Monitoring representation shall be dependent upon the cooperation of the Member and provision by the member of legal counsel with copies of all relevant documents. 3. Judicial Proceedings: Legal representation to obtain judicial review of disciplinary actions may be authorized only by a majority vote of the LDP Committee, and such legal representation shall be subject to the obligation of the affected Member to pay one-half (50%) of the cost of the transcript of the administrative hearing involved in the judicial review. The Member shall make payment of one-half of the estimated cost of such transcripts to the LDP immediately following LDP Committee approval of representation in such proceeding. 4. Probationary Discharge Appeals: Representation for members with probationary employment status who are the subject of punitive actions based upon allegation of failure to meet standards shall not extend to appeal hearings or procedures to contest the merits or procedural validity of the affected Member's termination, discharges, release from employment or demotion during the Member's probationary employment period. 5. Termination of Legal Representation: Notwithstanding any other provision of this Program, legal representation under this program may be terminated by the LDP Committee upon its determination that continued representation is not in the best interests of the Member, the LDP or the DSA. If representation is terminated under this provision, the affected Member may appeal the decision as hereinafter provided. 6. Payment of Damages, Fees and Costs: No payment shall be made by the LDP of any money amount for damages, costs or attorney fees against a Member, whether or not the Member has been otherwise provided legal representation under this Program, whether or not such amount results from judgment, settlement or other disposition of the action against the affect Member. C. Exclusions: 1. Discriminatory Employment Practices: No legal representation shall be provided under this Program to obtain a remedy in a matter arising out of a claimed violation of the Federal Equal Employment Opportunity Act (42 U.S.C. Section 2000(3), et seq.), the California Fair Employment Practice Act (Labor Code Section 14000, et seq.), or any statute, ordinance, rule or regulation having a similar objective, goal or purpose. 2. Civil Service Disputes: No legal representation shall be provided under this Program to prosecute any action to obtain, protect, preserve, or set aside any benefits or position on any civil service eligibility list for promotion or appointment to a position. 3. Workers Compensation Actions: No legal representation shall be provided under this Program in actions arising from matters within the jurisdiction of the Workers Compensation Appeals Board, or to prosecute any action to obtain or retain worker compensation benefits, or health or other insurance benefits of a like or similar nature, or any other benefits payable because of any industrial injury, illness, disease, or death, whether by contract or otherwise, arising out of any of the provisions of the California Workers Compensation Act (Labor Code Section 3200, et seq.), or any other federal, state or county statute, ordinance, resolution, rule or regulation or any contract of insurance having a similar objective, goal or purpose. 4. Retirement Benefit: No legal representation shall be provided under this Program in any action to obtain or retain any retirement benefits.
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A. Obligation to Cooperate in Defense: All members shall be obligated to be truthful and cooperate with the representative provided them, and untruthfulness or willful failure to cooperate with such representative shall be grounds for termination of representation subject to appeal by the affected member as provided herein. B. Confidentiality: All Members who request or obtain legal representation under this Program shall be entitled to the same rights of confidentiality enjoyed by anyone who consults with or is represented by an attorney, and the LDP committee of this Program, the members of the DSA Board of Directors and any DSA Board of Directors and any DSA employees and/or agents shall protect and maintain such confidentiality of any information revealed to them by a Member who requests and/or is provided representation under this Program. C. Matters Involving Legal Issues of Broad Significance to the Membership: From time to time, the LDP Committee will give consideration to the filing of or participating in a proceeding or lawsuit, the merits of which involve an issue which concerns a substantial segment of the membership of the DSA. If you believe that you are the subject of action that merits consideration in this regard, request representation from an LDP Committee member in the manner described in this document. Authorization for representation in such matters shall be subject to all provisions of the LDP. D. Appeal of Denial or Termination of Representation: Any Member whose request for representation under this Program has been denied or terminated may appeal such decision to the entire LDP Committee and request a hearing, provided that such appeal request is filed in writing with the LDP Committee within twenty (20) calendar days of the Member's receipt of written notice of such denial or termination or within thirty (30) days of the date such notice was mailed to the Member, whichever occurs first. The LDP Committee, upon receipt of a timely appeal, shall conduct a hearing on the appeal at the Committees' earliest opportunity. Normally the committee shall hear the appeal within 20 days. At the hearing the affected Member may present evidence in support of his/her request and may be represented by an attorney or other person at his or her own expense. The Committee shall exercise their best business judgment in deciding the members appeal. Within ten (10) days of the conclusion of the hearing by the LDP Committee a written decision shall be issued by the Committee, which shall affirm, revoke or modify the action previously determined by the assigned Committee Member. If the affected Member is still unsatisfied, he/she may, within ten (10) calendar days of receipt of the written decision, further appeal the decision to the Board of Directors of the DSA. Upon receipt of the timely appeal, the DSA Board of Directors shall conduct a hearing. At the hearing the affected member may present evidence in support of his/her request and may be represented by an attorney or other person at his or her own expense. Within ten (10) calendar days of the conclusion of the hearing by the DSA Board of Directors, a decision shall be issued by the Board. This decision shall be issued in writing by the Board and shall affirm, revoke or modify the action taken previously by the LDP Committee. The decision of the Board shall be final. This plan is not intended to be an entitlement program. The Board shall exercise good business judgment in deciding any appeal under this plan.
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A. Trained employee representative will provide some or all of the services under this plan. All employee representatives work under the supervision of the exclusive legal service provider law firm. B. Selection and dismissal of employee representatives shall be the responsibility of the Legal Defense Plan Committee. |
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