Legal Defense Benefits

Criminal Coverage. Includes representation for an occurrence including the investigation, arrest, arraignment, preliminary hearing, plea bargaining, trial and sentencing.

Exclusions. The use of paid experts is not available for criminal benefits, unless approved by a majority vote of the Board. Criminal coverage does not include appeals, interlocutory or final, unless upon the majority vote of the Board.

Emergency Coverage Exclusion. The assignment of Association or designated counsel to appear at the scene of a critical incident does not deem an event to be covered under this policy nor does it commit the Association to provide future representation or costs related to the benefits contained herein.

Civil Claim Coverage is in Excess. In cases where the Department has assigned counsel, including representation by the Virginia Attorney General, or is only a nominal party to the claim and is actively and adequately represented by such, coverage is in excess.

Excess Coverage. Means that Association counsel will not actively participate in the litigation and will monitor the claim by reviewing documentation, as necessary, and per the member’s request. If the member is dissatisfied with the Department representation, he or she may request to be actively represented by Association counsel. A change in excess coverage requires a majority vote of the Board.

Exclusion. The use of paid experts is not available for civil benefits, unless approved by a majority vote of the Board. Civil claim coverage does not include appeals, interlocutory or final, cross-claims, or counter-claims unless upon the majority vote of the Board.

Exclusions. The use of paid experts is not available for criminal benefits, unless approved by a majority vote of the Board. Criminal coverage does not include appeals, interlocutory or final, unless upon the majority vote of the Board.

Emergency Coverage Exclusion. The assignment of Association or designated counsel to appear at the scene of a critical incident does not deem an event to be covered under this policy nor does it commit the Association to provide future representation or costs related to the benefits contained herein.

Association counsel will review any notice of demotion or termination of a member and, in his discretion, provide administrative representation based on the scope of coverage contained herein. Exclusions

Non-law enforcement actions including, but not limited to, disputes between employees, workers’ compensation, EEOC actions, transfers, promotion issues are not covered.

• Occurrences where the member admits to criminal conduct or, after evaluation by Association counsel, it is determined that sufficient evidence exists that the member committed a crime, as determined by Association counsel.
• Events not arising within the scope of employment including interpersonal disputes between employees of the Department or other agencies or branches of government.
• The payment of bail bonds.
• When, as determined by and in the sole discretion of Association counsel, the member has committed an intentional, deliberate criminal or civil wrong, including within administrative matters.
• When no direct law enforcement action has been taken on the part of a member, except as provided in para. 5(a)(2). This includes allegations of vicarious liability and respondent superior.
• General orders or management decisions concerning the procedural operation of the Department, or the validity of any discipline, termination, promotion where there is no direct effect on a complaining member.

Denial of legal defense benefits –instances include:

• A member’s failure to remain in good standing from the time of the occurrence until the resolution of the representation.
• A member’s failure to cooperate in the member’s defense.
• When a member, represented for covered occurrences, attempts to respond to claims, present defenses, amend responses or otherwise act independently contrary to the representation.
• A member’s failure to remain truthful during the representation of an occurrence.

Any violation of the terms of this policy.

Confidentiality. Applicable ethics rules prohibit Association counsel from taking direction from, or giving confidential information to, any third party or the Board, except upon written consent of the member. Members shall maintain attorney-client (member) confidentiality during the pendency of the representation of a covered occurrence, generally and at the direction of Association counsel.

Limited Waiver of Confidentiality. If a benefit or determination requires the vote of the Board, then the member will be requested to waive, in writing, attorney-client confidentiality in order to provide appropriate information to the Board to facilitate the vote. Execution of a waiver is at the option of the member. Information conveyed to the Board will be made under a non-disclosure agreement to be executed by each Board member.

Retained Counsel. If a member retains counsel for any covered occurrence, either at the onset of the representation of Association counsel or at any time thereafter, the legal defense coverage may be withdrawn for the occurrence, in the discretion of Association counsel.

Discharge and Withdrawal. Members represented for a covered occurrence may discharge Association counsel at any time, although member understands that court rules might still require Attorney to file a motion to withdraw. Association counsel may withdraw at any time, at Association counsel’s discretion, if the members refuses to communicate with Association counsel, fails to cooperate with Association counsel’s representation for an occurrence or fails to follow Association counsel’s advice on a material matter, or any other fact or circumstance that would render Attorney’s continuing representation unlawful, unethical, or impractical. Association counsel may withdraw from representation of a member for any reason requiring a denial of legal defense benefits contained herein. Members agree to sign the documents necessary to permit Association counsel to withdraw.

Case Files. Member’s legal representation files will be kept in the Association counsel’s office for a limited time after completion of the case and destroyed at the discretion of Association counsel. Association counsel will examine all closed files in order to ascertain whether they contain original documents or other property of the member, in which case the member will be notified of the existence of those materials and given an opportunity to claim them prior to destruction. If a member desires the contents of the file, or anything contained in the file, he or she should obtain it promptly upon conclusion of the case.

Retainer Agreement. Members shall agree to execute a retainer agreement with Association counsel upon commencement of any representation described herein.

1. Association Counsel. Means the attorney appointed as General Counsel for the Virginia State Police Association or any attorney appointed and acting on behalf of the Board.
2. Board. Means the currently elected Board of the Virginia State Police Association.
3. Civil Claim. A claim or formal complaint made against a member for the member’s direct conduct during an occurrence.
4. Costs. Includes expenses incurred while pursing the representation of a member for a covered occurrence. This may include administrative costs, court costs, transcript fees and expert or investigator fees. Expert and investigator fee are permitted upon an affirmative majority vote of the Board.
5. Criminal Charge. Means a formal accusation made by a governmental authority asserting that a member has committed a crime.
6. Criminal Investigation. Means any investigation of an occurrence undertaken by a law enforcement agency which may result in a charge.
7. Critical Incident. Means any occurrence involving substantial harm to a person which creates or results in significant likelihood of civil liability, criminal investigation or criminal charge, as determined by Association counsel. Critical Incidents Include, but are not limited to, criminal investigations of shootings, in-custody death and serious uses of force.
8. General Order. Means any lawful General Order, policy, training or directive of the Virginia Department of State Police existing at the time of the occurrence.
9. Good Standing. Means any dues paying member adhering to the by-laws of the Association and conducting him or herself in a manner consistent with the good reputation of the Association.
10. Notice. Means the requirement of a member to provide written notice of a covered incident, within seventy-two (72) hours of the occurrence, to the Virginia State Police Association at 6944 Forest Hill Avenue, Richmond, VA 23225 (Attention General Counsel); by fax at (804) 320-2616. (Attention General Counsel); by E-mail to vspa@vspa.org (Attention General Counsel). Notice includes the name of the member, a general description of the incident and a request for legal representation. Notice of a critical incident and the request for emergency representation may be made directly to Association counsel by phone at 804-495-1015 or other means of verbal or electronic contact. The requirements of written notice may be waived by a majority vote of the Board.
11. Member. Means a member of the Virginia State Police Association in good standing. Official Duties – means duties for which a member has received Department (or Department approved) training or direction. Intentional or deliberate criminal or civil wrongs undertaken by a member may deem actions to be non-official duties.
12. Occurrence(s). Means any covered civil claim against a member, criminal investigation, criminal charge, or administrative greivance of a member resulting from an action or omission by a member which arose out of and in the scope of employment with the Department and when such actions were within then-existing General Orders, policies, training or directives of the Department.
13. Scope of Employment. Means the conduct of a member, including acts or omissions, while performing assigned duties, as directed by the Department. Scope of employment includes off-duty conduct only when the member was reasonably justified in placing himself/herself in a position to act with police authority during an occurrence.