Legal Defense Handbook
For any incident arising from the performance of a police function that occurs while the officer is on or off duty, the FOP Legal Defense Committee (LDC) will provide legal coverage and representation which includes referral to an attorney approved by the FOP and payment for attorneys’ fees and costs. Such coverage does not extend to any appeals taken by the officer unless approved by a two-thirds majority of the Board of Directors.
To assure the superior quality of legal representation and to avoid any abuse of LDC monies, the Legal Defense Committee and counsel will 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, the officer has the right to select his/her own attorney. However, if that is the case, the officer and not the LDC or Lodge will be responsible for any attorneys’ 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 If the Chairman decides after reviewing the subsequently obtained evidence that the legal coverage should be withdrawn, the officer shall be notified and informed of his/her appeal rights.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. Only then it will 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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