12 LEGAL PROTECTION PLAN UPDATE
NEW JERSEY COPS ■ JANUARY 2015
Target of investigative and criminal coverage
These are unprecedented times for our members. Since 9-11, I have not had this degree of
concern for Law Enforcement Officers, not only
in New Jersey, but all over the nation. I am
extremely distressed to see the tide of hate washing up against all of the great men and women in
law enforcement as they go out to protect the
causing the disturbances.
Kevin C. people that areconsideration the members on
Taking into
Lyons
the street, there are certain circumstances that
are becoming prevalent due to the misguided
media campaign against our Brothers and Sisters. I am offering
some suggestions on how to handle fraudulent claims against our
members within the guidelines of the Legal Protection Plan, so if
a situation arises requiring either the use of force, the allegations
of excessive force or, as we are seeing now, fraudulent demeanor
or force allegations, here’s how the plan can help you.
I think it is best that we first discuss the two types of coverage
that the plan affords its members with regards to being the target
of an investigation.
The newest coverage is target of administrative investigation
coverage. This coverage affords the members up to $750 in an
administrative matter before charges are even brought.
Just to give an overview on how this coverage functions: If you
are notified that you are the target of an internal investigation,
contact your State Delegate immediately and obtain a fully completed and executed claim form. You will then be given the opportunity to engage an approved attorney of your choice. This
attorney can then accompany you to the interview and preserve
your rights with regards to your employment.
A word of advice: please make sure that you monitor the
amount of work the attorney is doing on the case at this point. If
the attorney does too much work on the case, then it may come
out of your pocket at the end of the claim. This coverage is intended simply to allow the plan to protect you. At the point of an internal interview, you are very vulnerable if you do not know what
your rights are even in the event you have not made the slightest
mistake.
One of the legacy coverages in the plan is target of criminal coverage. This coverage has been increased from $2,500 in 2008 to
$3,500 per plan year. This coverage is to afford an attorney prior
to criminal charges being levied against you. This coverage would
attach in instances of excessive force, criminal civil rights allegations, racial profiling and a myriad of other charges that emanate
from your duties as a law enforcement officer.
The procedure is the same; see your State Delegate and
procure a claim form. Once the State Delegate has completed the
form you may bring it to the attorney of your choosing. This attorney can then represent you with regards to allegations that have
been brought both during questioning and in any other adversarial setting.
The old axiom, “An ounce of prevention is worth a pound of
cure” holds true here. In these tumultuous times you need to protect your Brothers and Sisters on the road and let the plan and its
resources protect you.
Two final points with regards to the target coverages: First,
remember that internal affairs has a set of rules to follow as well.
Having an attorney present makes it harder for them to circumvent those rules and your rights. I strongly suggest that if your IA
officers do not follow the proper rules during their investigation
and treat you with the same respect that a common criminal
would receive, then you must take action to protect yourself. It is
clear to me that a violation of the attorney general’s guidelines by
an IA officer would be cause for an internal complaint, ultimately
resting with the Chief Law Enforcement Officer of your department. Also, remember that these IA officers are, in many
instances, PBA members and, while performing their duties, they
are protected as such, stepping outside of the guidelines could
certainly be cause for charges within the local.
My final point is on the inevitable fraudulent claims against our
members. We must assert our rights as victims when fraudulent
administrative and criminal claims are made against us. There are
statutes for retaliation against law enforcement officers and false
police reports. We must require prosecutors and IA officers to pursue them. These complaints are intended to deprive you of your
livelihood, assets and even your freedom. We cannot allow one
person who commits such an act to possibly walk away.
Please be safe, and use the plan for in these manners. It is my
belief that these are the reasons it exists. d