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LEGAL NOTES
June 2008

DO YOU KNOW YOUR LEGAL RIGHTS?

CLEAT LEGAL ASSISTANCE PLAN DOCUMENT
Effective July 13, 2007
Article 1 BENEFITS


1.1.
All benefits set forth in this article ore subject to the exclusions and limitations set forth in this Plan and attached hereto.
1.2:-Disciplinarv and Administrative cases- Subject to Section 1.1 of this article, a Participant against whom a disciplinary or an administrative action has been initiated by an agency shall be entitled to the following legal services:
(a) Legal representation by a Staff Attorney for any such disciplinary action through any available administrative review;
(b) Legal representation by a Staff Attorney pursuant to a state statutory right, collective bargaining agreement, or other local appeal process established by city charter, ordinance, rule or procedure to appeal a promotional passover, or secure departmental compliance with timely promotion into a vacant position;
(c) Legal representation by a Staff Attorney pursuant to a state statutory right, collective bargaining agreement, or other local appeal process established by city charter, ordinance, rule or procedure to challenge or appeal a question of fitness for duty, extension of line of duty illness or injury leave, or pregnancy leave;
(d) Customary and reasonable expert consulting and witness fees necessary to provide adequate legal representation hereunder.
1.21. Temporary Income Protection- Subject to Section 1.1 of this article, a Participant, who is paying the current CLEAT dues then in effect and the date of the temporary suspension; against whom any disciplinary action is taken by the Participant's law enforcement or public safety employer, which results in a temporary suspension and a loss of pay; and is not appealed, shall be entitled to Temporary Income Protection of One Hundred Dollars ($lOO.OO) per day of temporary suspension up to a maximum of Five Hundred Dollars ($500.00) per calendar year. A Participant must make application on the farm, which is available at www.c1eat.org or any CLEAT office. The application must be filled out completely and a copy of the actual suspension letter must be attached to the application before it will be considered. The Plan Administrator shall review the application for eligibility and approved applications shall be forwarded for payment. Approved payments shall be mailed to the Participant at the address then on file with CLEAT within thirty (30) days from the date the completed application is received by the Plan Administrator. This paragraph provides benefits for no more than five days per calendar year of temporary suspension by the Participant's law enforcement or public safety employer which results in a loss of pay and is not appealed. The calendar year shall be construed as beginning January 1, and ending December 31, of each year.

 

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