MIAMI BEACH FRATERNAL ORDER OF POLICE

WILLIAM NICHOLS LODGE NO. 8

LEGAL DEFENSE PLAN

1. Creation of Plan

The Miami Beach Fraternal Order of Police, William Nichols Lodge No. 8, ”Legal Defense Plan” is established and effective as of October 14, 1992. The Legal Defense Plan (herein after referred to as The Plan) shall be administered by a Legal Defense Committee (herein after referred to as The Committee) which is established by reference. The Plan shall exist for the purpose of providing legal services to members of the Lodge under the following terms:

2. Legal Defense Committee

A. The Legal Defense Committee shall consist of the President of the Lodge who by virtue of his/her office shall be Chairperson (The President may, at his/her sole discretion, designate the position of Chairperson to another Lodge member) and six (6) other Lodge members who shall be selected by the President as follows: on the day of the first Lodge meeting in February of each year, the President of the Lodge shall either renew those members whose terms of office expired on that day or replace them with other members of the Lodge, all of whom will serve two year terms of office.

B. The Committee shall meet whenever necessary by call of the Chairperson and at least once each six calendar months. Meetings shall be held at times and places determined by the Chairperson.

3. Funding

Funding of this Plan shall be derived from the proceeds of Lodge membership dues in an amount equal to one-half of one percent of a starting Miami Beach Police Officer’s salary.

4. Eligibility for Benefits 

The Plan is open to all members of the Lodge as follows:

A. Members joining the Lodge within ten (10) days after swearing their oath of office become eligible upon initiation into the Lodge; if the member fails to join within ten (10) days, he or she must wait sixty (60) days after initiation into the Lodge before becoming eligible under The Plan.

B. Matters which arose prior to the member joining The Plan shall not be covered.

5. Definitions and Interpretation

a. “Legal Services” shall include, among other things, consultation, preparation, investigation, and research time.

b. Each benefit requested may only be granted once per incident; however, benefits are not mutually exclusive.

c. All matters regarding The Plan benefits shall be liberally interpreted.

sonable costs usually and regularly associated with these legal matters will be paid by The Plan, not to exceed $2,000.00 per case.

6. Benefits 

Eligible members may receive the following:

A. Up to a maximum of fifty (50) hours of legal services for representation of a member in Arbitration brought in the name of the FOP, arising out of the member’s official duties as a Law Enforcement Officer. In a disciplinary case which proceeds to Arbitration by election of the member, a maximum of $1200.00 will be paid to the member’s attorney.

B. The FOP Grievance Committee may determine the need for and request attorney services in a Step Three Grievance Hearing. Upon approval by The Legal Defense Committee, a ten (10) hour maximum benefit will apply.

C. Up to a maximum of ten (10) hours of legal services for any Miami Beach Police Internal Affairs Investigation, Shift Level Investigation or AIU Panel Investigation where the member is the subject of any matter alleging in whole or in part on-duty or off-duty misconduct. 

D. Up to a maximum of ten (10) hours of legal services for any Grand Jury appearance or appearance at any State Attorney’s Investigation, Coroner’s Inquest, Etc. by a member where the member is either the subject of, or a witness to, any matter alleging in whole or in part on-duty or off-duty misconduct arising out of the member’s official duties as a Law Enforcement Officer.

E. Up to a maximum of fifty (50) hours of legal services for representation of a member before any Administrative Panel (including but not limited to, FDLE, Personnel Board, Coroner’s Inquest or Judicial Proceeding, Arbitrator and Pre-Determination hearings), where the member’s livelihood as a Law Enforcement Officer is adversely affected by discipline because there are allegations in whole or in part of on-duty or off-duty misconduct arising out of the member’s official duties as a Law Enforcement Officer.

F. Up to a maximum of fifty (50) hours of legal services for representation of a member in any investigation into any action by the member which arose out of their on-duty or off-duty official activities as a Law Enforcement Officer and which resulted in the death or great bodily harm of a person; and, up to a maximum of ten (10) hours of legal services for representation of a member who may be called as a witness in the aforesaid investigation.

G. Up to a maximum of one hundred fifty (150) hours of legal services for representation of a member after Indictment or Information where the member is the defendant in any matter alleging in whole or in part on-duty or off-duty misconduct arising out of the member’s official activities as a Law Enforcement Office

. Up to a maximum of fifty (50) hours of legal services for representation of a member on an appeal after conviction on any matter where the member was the defendant in any matter alleging in whole or in part on-duty or off-duty misconduct arising out of the member’s official duties as a Law Enforcement Officer.

I. Up to a maximum of five (5) hours of legal services for representation of a member before any Administrative Panel (including but not limited to, FDLE, Personnel Board, Coroner’s Inquest, Judicial Proceeding, or Arbitrator) where the member’s livelihood as a Law Enforcement Officer is adversely affected because of charges arising while the member was off-duty and not engaged in official activities. This benefit is for the purpose of preserving the member’s job and is not intended to be used in defending the actual charges.

7. Procedure for Claiming Benefit

All members who may seek payment for legal representation under The Plan shall first make application for “Legal Defense Fund Benefits” on a form approved by The Committee. The Plan shall not be liable for payment of any benefits prior to the time that application is approved by The Committee; provided that The Committee may excuse the untimely filing of an application under exigent circumstances.

8. Attorneys

The Committee shall have available a list of qualified attorneys. Members may choose from the list or choose their own attorney. However, The Plan will only pay The Committee approved prevailing hourly rate (currently $150.00 per hour) and/or The Committee approved reasonable costs (currently $2000.00). Members will bear the full and complete responsibility for payment of any amount that exceeds the approved prevailing hourly rate and/or approved reasonable costs and/or any hours billed which exceed the maximum benefit allowable under The Plan.

9. Complaints and Appeals 

Any complaint under The Plan or any appeal from any adverse decision shall be forwarded to The Committee Chairperson whose decision on the matter shall be final and binding.

10. Subrogation

Any member, who recovers attorney’s fees and/or costs from any source for legal services paid by The Plan, shall pay over that sum to The Plan. 

11. Termination of Plan – No Liability

The Plan shall exist until there are no funds designated or available for the continuation/furtherance of The Plan. If the funds earmarked for these purposes are insufficient to pay the fees or costs involved in providing legal services under The Plan; neither the Lodge nor any member of The Committee shall have any liability to pay any sums for purposes of The Plan.

12. Amendments 

These Rules and Regulations may be changed, amended and/or modified by The Committee and said amendments become effective upon review and approval of the Executive Board of The Lodg