LEGAL DEFENSE ASSISTANCE PLAN

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1 DASA DADE ASSOCIATION OF SCHOOL ADMINISTRATORS LEGAL DEFENSE ASSISTANCE PLAN I. PURPOSE The purpose of the DASA Legal Defense Assistance Plan is to provide support to school administrators or supervisors and to assure that they are accorded due process of law by providing financial assistance to eligible members in good standing in defensive legal actions or proceedings arising in the course and scope of the eligible member s employment related activities. II. DEFINITIONS For the purposes of this policy, the following definitions will apply. (A) Membership In order to qualify for a legal benefit, all current eligible members of DASA or newly appointed administrators who join DASA within forty five (45) days of their new appointment shall be deemed covered pursuant to this plan. Membership must be maintained in good standing during the entire period that assistance is rendered. (B) Employment Related Activity Incidents and/or legal proceeding covered under this plan must be directly related to an eligible member s employment as a school administrator or supervisor and arise out of and be in the course of the eligible member s employment. In the event of any dispute concerning whether an eligible member s activities for which legal assistance is sought arose within the scope of the eligible member s employment as a school administrator or supervisor or in relation to the performance of said duties, the determination by the Program Administration shall be final and binding, provided however, the eligible member may appeal a denial of benefits in accordance with the appeal process set forth herein. (C) Program Administration Administration of the DASA Legal Defense Assistance Plan shall be directed by a three member panel appointed by the DASA Board of Directors. The panel shall have the authority to act in all matters related to the administration of the Plan, and shall be referenced hereinafter as The Panel. (D) Defensive Legal Action The DASA Legal Defense Assistance Plan is designed to provide legal services, defensive in nature, for an eligible member who is formally charged before a county or circuit court, a school board, the Professional Practices Services Section of the Department of Education or any federal or state administrative agency of first level jurisdiction in a matter directly related to an eligible member s employment as a school administrator or supervisor and arise out of and be in the course of the eligible member s employment, as follows: (1) Incurred in the defense of any action or proceeding brought against the eligible member involving the dismissal of a permanent employee at any time, dismissal of a probationary employee during the term of a contract, a tenure dispute, salary dispute, leave of absence dispute, resignation dispute, professional rights dispute, suspension, cancellation, revocation

2 or any credential, life diploma or certification document issued by the State Board of Education. (2) Incurred in the defense of any action or proceeding brought by the Florida Department of Family Services or other similar agency involving a charge brought against an eligible member related to child abuse, neglect, or improper and/or failure in reporting while engaged in the performance of educational employment activities. (3) Incurred in the defense of any civil action or proceeding brought against the eligible member of alleged negligence, malfeasance or misfeasance, while engaged in the scope of his or her educational employment activities. (E) Criminal Cases An eligible member is eligible for defensive legal assistance in matters involving criminal defense only when: (1) The eligible member has been formally charged by indictment, information or complaint, said charge constituting a crime under the laws of the State of Florida or any of its political subdivisions or of the laws of the United States and said charge arises from actions directly related to an eligible member s employment as a school administrator or supervisor and arise out of and be in the course of the eligible member s employment. The Panel administering the Legal Defense Assistance Plan as referenced in Article II C shall have the authority to grant assistance to an eligible member who has not been formally charged upon a finding that formal charges are imminent and the assistance of counsel before formal charges are filed will substantially increase the likelihood that charges will not be filed. (2) In order to maintain eligibility for the LDAP the eligible member shall cooperate fully with the Association and/or legal counsel in matters regarding his or her defense and shall agree to provide information to the Association, upon request, relating to the status of the charges. (F) Initial Benefit Upon approval of the Panel the initial benefit (which includes filing fees, costs and attorneys fees) that may be paid hereunder by DASA shall not exceed one thousand Dollars ($1,000) to be matched by the eligible member s payment not to exceed One Thousand Dollars ($1,000) on a one-to-one basis. The amount of such initial benefit shall be limited to the amount of legal fees charged (i.e. in the event of a $1,000 legal fee, DASA would pay $500, the eligible member $500; similarly, in the event of a $2,000 legal fee. DASA would pay $1,000 and the eligible member $1,000). Beyond the initial benefit provided, the DASA Legal Defense Assistance Plan will only provide additional financial assistance if the charges are (a) resolved with a adjudication of not guilty after trial or (b) dismissed. If additional funds are requested, the request shall be submitted to The Panel for review. Upon approval of The Panel, a step two benefit will be provided. Should the request be denied, the eligible member may appeal to the DASA Board of Directors by filing a notice of appeal within thirty (30) calendar days following receipt of written notification of a denial of benefits as provided in Section VII, hereof. (G) Step Two Benefit Upon approval of the Panel the Step Two benefit may be granted to an active eligible member in good standing who has had continuous eligible membership in 2

3 DASA for more than thirteen (13) months and will provide an additional payment by DASA not to exceed One Thousand Five Hundred Dollars ($1,500) to be matched by the eligible member s payment not to exceed One Thousand Five Hundred Dollars ($1,500) on a one-toone basis. The amount of such payment shall be limited to the amount of legal fees charged (i.e. in the event of a $3,000 legal fee, DASA would pay $1,500, the eligible member $1,500; Similarly, in the event of a $2,000 legal fee, DASA would pay $1,000 and the eligible member pay $1,000). A request for Step two benefits shall be made in writing and shall be accompanied by a legal billing and financial affidavit as provided herein. Should the request be denied the eligible member may appeal a denial of Step Two benefits to the DASA Board of Directors by filing a notice of appeal within thirty (30) calendar days following receipt of written notification of a denial of benefits as provided in Section VII, hereof. (H) Step Three Benefit The Step Three benefit may be granted to an active eligible member in good standing who has had continuous membership in DASA for more than Twenty five (25) months and will provide an additional payment by DASA not to exceed Two Thousand Dollars ($2,000) to be matched by the eligible member s payment not to exceed Two Thousand Dollars ($2,000) on a one-to-one basis. The amount of such payment shall be limited to the amount of legal fees charged (i.e. in the event of a $4,000 legal fee, DASA would pay $2,000, the eligible member $2,000). Similarly, in the event of a $2,000 legal fee, DASA would pay $1,000 and the eligible member pay $1,000). A request for Step Three benefits shall be made in writing and shall be accompanied by a legal billing and financial affidavit as provided herein. Should the request be denied the eligible member may appeal denial of Step Three benefits to the DASA Board of Directors by filing a notice of appeal within thirty (30) calendar days following receipt of written notification of a denial of benefits as provided in Section VII, hereof. (I) Benefit Limits The maximum amount of financial assistance to be paid on behalf of an individual eligible member pursuant to this policy shall not exceed Four Thousand Five Hundred Dollars ($4,500) per legal defense case or incident. III. APPLICATION FOR BENEFITS To apply for benefits under this program, an eligible member must proceed as follows: (A) Notification to Association Upon learning of an imminent legal problem, the eligible member shall notify the Board of Directors of DASA of the nature of the circumstances with which he or she is confronted before engaging the services of an attorney. In the event of an emergency, the eligible member s failure to notify the Program Administration may be excused by the Panel and benefits nonetheless provided. Initial notification to the Board of Directors may be by telephone to a Board Member of Officer followed by a written application on a form to be provided by the Association. (B) Approval for Services Upon receipt of the completed application form, The Panel shall review all information in relation to the request for legal services and ascertain the eligibility of the eligible member for assistance. Upon determining that the eligible member is eligible for assistance pursuant to this policy and that the matter for which assistance is sought constitutes a legal action in an employment related matter as provided in this policy, The Panel shall notify the eligible member of approval of Step One benefits and shall furnish the 3

4 eligible member with the notification of potential claim affidavit for completion by the eligible member. (C) Denial of Benefits In the event the eligible member is determined by The Panel to be ineligible for assistance, or that the legal action is not defensive in nature, The Panel shall so notify the eligible member in writing and include a statement of the reason or reasons why the request was disapproved. Such notice shall also advise the eligible member that he or she has thirty (30) calendar days from the date the denial notice is received to file a written notice seeking to appeal the denial of benefits to the DASA Board of Directors and stating the basis for such appeal as provided in Section VII, hereof. (D) Fraudulent Application Falsification of the affidavit or submission of fraudulent statements shall render the application null and void. If such falsification or fraud is discovered after payment has been made, DASA reserves the right to take appropriate action to recover any monies paid. IV. BENEFITS (A) Payment of Benefits Upon receipt of a legal billing from an attorney engaged by the eligible member setting forth attorney s fees being charged and the financial affidavit form to be provided by DASA and signed by the eligible member and the eligible member s attorney, a check shall be issued for DASA s share of the basic benefit as provided in Section II. Paragraph (F), thereof; provided, however, that the basic benefit payment shall not exceed one-half (1/2) of the amount of the attorney s fee as reflected on the statement for services. Checks shall be made payable to the eligible member and the eligible member s attorney, jointly, and furnished to the eligible member. (B) Upon incurring legal fees in excess of the basic benefit provided herein, the eligible member may apply to The Panel, in writing, for the Step Two or Step Three benefits described in the program by sending further legal billings and financial affidavits in the manner provided in Section II, paragraphs (G) and (H) above, requesting that the Step Two or Step Three benefits be paid. Upon a determination by The Panel that the eligible member continues to be eligible for assistance, that additional legal expenses have been incurred and that continued pursuit of the defense and support by DASA is warranted, Step Two or Step Three benefits shall be paid. In the event the Step Two or Step Three benefits are denied by The Panel. The Panel shall state in writing the reason or reasons for the denial and notify the eligible member of his or her right to appeal the denial to the DASA Board of Directions. (C) Class Action Litigation - IN the event that a class action or other suit is maintained in which a number of DASA eligible members are involved, DASA reserves the right to limit the amount of legal assistance granted hereunder to a total of Ten Thousand Dollars ($10,000) for the aggregate of all eligible members directly involved in such a case, or, to exercise its authority under eligible members directly involved in such a case, or, to exercise its authority under these policies to approve additional funding upon a two-thirds (2/3) vote of the Board of Directors. As a condition for funding class actions or other suits involving multiple DASA eligible members as parties, DASA may require that all eligible members be represented by a single attorney to maximize the effect of the payments hereunder. 4

5 V. ATTORNEYS An eligible member who qualified for financial assistance pursuant to this policy shall have complete freedom to select an attorney of his or her choosing. (A) Partial Waiver of Confidentiality - The attorney/client relationship between an attorney engaged by an eligible member but paid for in part pursuant to this policy exists with the eligible member and not DASA. By making application for funding pursuant to this policy, the eligible member agrees to provide pertinent information to The Panel administering the plan and/or the DASA Board of Directors, and authorizes the attorney retained by the individual but paid for pursuant to this policy to discuss the substance of the litigation or any inquiries or conversations between the eligible member and the attorney with The Panel and/or Board of Directors of DASA. In the event the eligible member requires strict confidentiality regarding any conversation between himself or herself and The Panel or his or her attorney, the eligible member should request that at the time of the conversation and acknowledge their request by initialing this paragraph. Eligible member s initials (B) Coordination of Benefits This program is not a substitute to legal services (including legal representation) provided by privately retained counsel or by counsel required to be retained by an eligible member s employer. Pursuant to Section Florida Statutes, school districts are required to provide legal representation or to reimburse legal expenses for suits arising out of the course and scope of employment of employees. Such statutes also authorize, but do not require the payment of any judgment in excess of applicable insurance. In such instances where this statute is applicable, an eligible member s attorney shall insure that payments or reimbursement provided be pursued and DASA shall be entitled to recover any monies expended pursuant to this legal services program which are recovered pursuant to such sections or any other sections of Florida law. Eligible member s initials (C) Responsibility for Payment The existence of this assistance program does not relieve an eligible member seeking financial assistance hereunder of the personal responsibility for full payment of any and all legal fees incurred through privately retained counsel. The existence of this program shall not be construed to establish DASA as a party responsible for the payment of any attorney s fees or other obligations incurred by the eligible member. 5 Eligible member s initials (D) Attorney/Client Privilege This program shall not be deemed to alter or modify in any manner whatsoever the traditional attorney/client relations established between an eligible member and his or her privately retained legal counsel. (E) Billing Format The Panel may require as a condition for payment hereunder that an eligible member s attorney receiving remuneration pursuant to this policy organize his or her

6 legal billings in a particular format which will disclose the date a service is rendered, a narrative description of the services, the time spent on such services, the hourly rate for such services and the total charges incurred for such services as well as an itemization of cost expenses for which reimbursement is sought. The Panel may require that the attorney prepare a split billing statement on a monthly basis, or such other bases as The Panel may require, disclosing the portion of charges for which reimbursement is sought directly from DASA and the portion of charges for which payment is sought by the eligible member directly. VI. GENERAL POLICIES The program created by this policy shall not be deemed to create contractual or any other continuing rights. The DASA Board of Directors shall be free to eliminate or modify in any manner whatsoever the benefits provided hereunder in its sole and absolute discretion by action of the Board of Directors; provided, however, an eligible member who has been approved for legal services pursuant to this policy shall be entitled to receive the benefits provided at the time legal services were authorized pursuant to this policy. Further, the following conditions shall apply: (A) Actions against DASA The provision of this policy shall not apply to provide financial or other assistance to an eligible member to pursue a legal action against DASA, its officers or employees even if such action could be construed to be an employment related activity. (B) Insurance Indemnity The DASA Board of Directors shall, from time to time, review the accumulation of funds in the Legal Defense Assistance Plan to determine whether liability or other insurance should be purchased by the Association to pay all or a portion of the benefits hereunder or to insure any expenditures beyond the budgeted expenditures of the Association. Recommendations regarding maintenance of insurance to provide such indemnity shall be made through the DASA Board of Directors for review and, if approved, enactment. (C) Member Versus Member If a request for assistance places DASA in a position where the interests of two or more eligible members of the Association are in conflict, then DASA reserves the right to determine whether to approve a request for legal services. In the event The Panel denies the application for legal services reimbursement pursuant to this policy, the eligible member shall have a right to appeal a denial of benefits to the Board of Directors by filing a notice of appeal within thirty (30) calendar days following a receipt of written notification of a denial of benefits as provided within thirty (30) days following a receipt of written notification of a denial of benefits as provided in Section VII. VII. APPEALS Appeals authorized pursuant to this policy shall be made in writing to the Board of Directors by filing a written notice of appeal when authorized by the terms of the policy. (All notices, due to date of receipt language, should be sent certified/return receipt or hand-delivered and signed for) 6

7 (A) Notice The notice of appeal may be in any format but shall be in writing and tendered to the President of the Association. The notice of appeal shall be dated and signed by the eligible member and shall state the date upon which the event giving rise to the appeal occurred and the basis for the appeal and shall attach any notification of a denial of a benefit and any other documents the eligible member considers relevant to the appeal. (B) Notification to Board of Directors Upon receiving an appeal the President shall agenda consideration of the appeal at the next Board of Directors meeting, unless, in the opinion of the President, the time between receipt of the appeal notice and the next Board meeting does not afford sufficient preparation time, in which case the appeal shall be considered at the Board of Director s meeting which next occurs. (C) Appeal Proceeding The eligible member shall be entitled to receive written notice of the time, date and place of the Board of Directors meeting at which his or her appeal will be considered. The eligible member shall be entitled to appear at the Board of Directors meeting to make a brief presentation. Such presentation shall be an informal consideration of the request for assistance and witnesses shall not be called nor will formal rules of evidence apply. (D) Decision of Board The decision of the Board of Directors of DASA regarding any appeal of any action pursuant to this policy shall be final and binding. 7

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