LEGAL PROTECTION PLAN REPORT
How to make every dollar work for you
KEVIN C.
LYONS
It has been some time since I addressed considerations that should be viewed when it comes
to your defense in administrative matters. With
the addition of the “waiver of limits” coverage
that is now available, I thought that it might be a
good opportunity to remind our members how
to get the most out of the traditional LPP plan.
For those of you in non-civil service jurisdictions, your options are limited. You are almost
forced to have local hearings in a kangaroo court
so your attorney can put a factual basis for an appeal on the
record. This is understood in the state office and we can adjust the
reserve for your claim accordingly. Please consult with your attorney in all circumstances, but make sure you are an active participant in all parts of your defense. It is crucial that you are open
and honest with your lawyer so they can provide you with the best
possible defense.
In civil service jurisdictions, the record begins again at the
office of administrative law, so you need to speak to your attorney
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MAY 2015
about having the local hearing, where the judge is usually the
town administrator or even the Chief who charged you. Engaging
in protracted hearings uses available funds that you may need for
your defense on the back end of your case.
Recently, the committee heard an appeal from a member who
was in a civil service jurisdiction who had already gone through
$20,000 and was not even at the level of administrative law. This
is a management strategy that some employers use to starve out
a member in a tough position. The committee has a longstanding policy of not extending the aggregate amounts so it is
fair to all of our members, and although they were empathetic to
the member, a decision was made to stay with the policy limits.
There are very few cases that will require $25,000 in fees, but if
you are in a situation where you are fighting for your career, make
sure you have a legitimate reason to participate in local hearings.
The new plan document has been posted in the folders section
of the intranet. Please ask your president or state delegate if you
have any questions. d