Page 15 - January 2018

Field Representative’s Report
Avoiding the costly expense of civil suits
A growing number of officers have been calling regarding the City not covering them in a civil liti- gation where they are a plaintiff along with the City. They stem from incidents where they were off duty, and the officers are calling in hopes that our Legal Defense Fund will cover this. Unfortunately, this is something the fund isn’t designed to cover. This leaves these officers with what can become a huge expense. It can easily happen to any one of us, but it can be an avoidable expense.
Let’s first go over what our legal defense policy covers.
The legal defense covers any administrative or judicial pro- ceeding that arises from the performance of a police function on or off duty. An administrative proceeding means you are re- quired to give a statement to BIA, IPRA, COPA or another entity with the authority to investigate a police incident and recom- mend discipline. A judicial proceeding means you have been charged with a crime either in a state or federal court. However, this doesn’t extend to any appeals. Those can only be granted by the Board of Directors.
Either of these proceedings must have arisen from an act, whether on duty or off duty, in which a police officer is required to perform or should perform action or is within the scope of their employment.
I have additionally received calls on civil proceedings re- garding officers who have to give a deposition as to reports they
prepared, usually involving traffic accidents. Since it is not in- volving an investigation for possible discipline and you’re not a defendant in the suit and only giving a testimony, similar to what you give in trial courts, there isn’t a need for counsel.
Now, if you are party to a civil lawsuit arising from the per- formance of a police function on or off duty, then article 22 on indemnification of our Collective Barging Agreement provides that the City, in any civil case, shall cover your legal representation.
Here’s where it can become costly for you and you should take steps to protect your assets. You may have recently seen lawsuits in the news in which the City is party to the lawsuits arising from officers’ actions off duty that are not involving po- lice function. In incidents such as these, those officers are not covered under our Collective Bargaining Agreement. They are not indemnified by the City for legal counsel or covered by the Lodge’s legal defense fund. This now will likely leave these offi- cers with a hefty bill defending this case.
There are, however, many officers and citizens alike who have invested in an umbrella policy from their insurance agent to protect themselves from the cost of a civil litigation. These policies, which usually run a few hundred dollars per year, can be a financial lifesaver for officers who become party to a law- suit of any kind. It is something I highly recommend you discuss with your insurance agent, as it may save you a fortune in the future.d
ROBERT BARTLETT
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CHICAGO LODGE 7 ■ JANUARY 2018 15