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For any incident, arising from the performance of a
police function which occurs while the officer is on or
off duty, the FOP Legal Defense Committee (LDC) will
provide legal coverage and representation, including
referral to an attorney approved by the FOP and payment
for attorney’s fees and costs, for administration or
judicial proceedings, including criminal proceedings.
Such coverage does not extend to any appeals taken by
the officer unless approved by a 2/3 majority of the
Board of Directors.
To assure and maintain the superior quality of
counsel, and to avoid any abuse of the LDC monies, The
Legal Defense Committee, in consultation with Counsel,
shall establish and maintain a list of qualified
attorneys who have demonstrated competence, knowledge
and integrity and who have agreed to accept and be bound
by the reasonable fees that the LDC will make available.
Although recommendations can be made upon the request of
the officer, the officer shall select amongst the
approved counsel, the attorney of his/her choice. If an
officer for whatever reason chooses to not accept an
approved counsel, such officer has the right to select
his/her own attorney provided, however, that is such
case the officer and not the LDC or Lodge shall be
responsible for such attorney’s fees or costs. No
officer can bind or commit the LDC or Lodge 7 or any
official or member thereof to any attorney not
previously approved by the LDC as described above.
In determining whether to extend LDC coverage to an
individual officer, the Chairman of the LDC will review
whatever evidence is available at the time the request
for coverage is made, for example; documents,
indictments, subpoenas, audio/video recordings, and
statements. The Chairman’s determination is subject to
review and approval by the full LDC and FOP Board of
Directors. If legal coverage is denied, the officer
shall be notified of his/her right to appeal the
Chairman’s decision to the full LDC and the Board of
Directors. The Chairman has the authority and right to
reconsider the initial determination based on evidence
made available at a late date. If the Chairman decides,
after reviewing the subsequently obtained evidence, the
legal coverage should be withdrawn, the officer shall be
notified and informed of his/her appeal rights. The
Chairman also shall notify the attorney representing the
officer of the withdrawal of coverage under the legal
plan.
The decision to extend coverage under the FOP Legal
Defense Plan will be based on whether the alleged
misconduct arose from the officer’s performing a
police function. Some factors to be considered in
determining whether the alleged misconduct is
duty-related include, but are not limited to, whether
the officer was on or off duty: if off duty, whether the
act occurred while the officer was acting as a police
officer and the act itself was duty-related: whether the
conduct occurred at or away from a Chicago Police
Department facility or a facility used for official
Police Department business; and whether the act was one
the police officer is required to perform, or should
perform, within the scope of his/her employment.
The question of whether an officer is acting within
the scope of his/her employment must be measured by
objective criteria. An officer can be found to be acting
within the scope of his/her duties if the alleged act is
closely connected with, or a natural part of, what the
officer is employed to do, or fairly and reasonably
incidental to it, that it may be regarded as a method of
carrying out the objectives of the officer’s
employment, even though the methods used by the officer
are improper and designed to further the officer’s own
ends. Issues or questions of the officer’s motives
should not be considered.
LEGAL DEFENSE
FUND
Any
request for expenditure or disbursement of money from
the Legal Defense Fund must be presented to the Legal
Defense Committee for its review and recommendation. The
recommendation of the Legal Defense Committee must be
approved by a two-thirds majority of the Board of
Directors.
(Rev: 06-06-2000)
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©
2005
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