WVTA LEGAL ASSISTANCE GUIDELINES
Each year, the Troopers Association receives numerous requests for legal assistance. During recent Board meetings, it has become clear that there is a misconception as to what constitutes a valid legal assistance request. The most common misconception is that legal assistance can be granted to a member who is the subject of a criminal investigation. Legal assistance can only be granted for administrative matters.
All requests for legal assistance must be submitted in writing to the Troopers Association. The request should include a brief description of the events which have occurred. Members should submit their request to the Troopers Association office via U.S. Postal Service, fax, or hand delivery. It is also a good idea to send a copy of the request to the appropriate Troop Representative. Generally a member is not required to make an appearance before the Board, however; at times, the Board may decide it is necessary for the member to appear in order to clarify certain aspects of the request.
After receiving a request, the President assigns it to the Legal Advisory Committee. Upon reviewing the request and determining if it falls within the guidelines set forth in the by-laws, the Legal Advisory Committee makes a recommendation to the Board of Directors. Most usually, the Boards decision coincides with the Legal Advisory Committees recommendation.
Listed below is an excerpt from the Troopers Association by-laws, which outlines the procedure to obtain legal assistance.
(e) Legal Advisory Committee -
shall consist of the Vice-President and two (2) members nominated from the
floor. The Vice-President shall chair this committee which will investigate
the alleged charges and report their findings to the Executive Board, and
the Board of Directors:
(1) It is the policy of the WVTA to provide
limited legal assistance in the form of access to the legal counsel retained
by the Board of Directors (see Article III, Section 6). It is the policy of
the WVTA that active members of the association are entitled to
consideration of legal assistance by the Board of Directors. Such legal
assistance is intended to be used primarily for administrative actions
against active, non-probationary (post-cadet) members by the Department.
However, this is not intended to prohibit the Board of Directors from
granting legal assistance for duty related criminal matters involving
active, non-probationary (post-cadet) members. The merits of each individual
case are to be debated and voted upon by the Board of Directors. A majority
vote by the Board of Directors will be the final decision of the Board;
(2) Once a request for Legal Aid has been
approved, said approval will stay in effect until Level IV of the Grievance
Procedure; any subsequent Legal Aid beyond Level IV, such as an appeal,
etc., must be submitted to the Legal Advisory Committee for their review and
recommendation and approved by the Board of Directors;
(3) When an active member of the WVTA
receives notice of an impending internal investigation and/or administrative
charges initiated by the department, the member should immediately contact
his/her troop representative for legal assistance. If the troop
representative position is vacant, the member should contact any troop
representative. This may initially be done verbally, via telephone, email,
fax, or any other expedient means.
(4) If a troop representative receives a
request for legal assistance by a member from his/her troop, that
representative shall be responsible for contacting the members of the Legal
Advisory Committee by the most expedient means. The Committee shall take a
vote on the initial legal assistance request whether to approve or deny the
member to contact the legal counsel contracted by the Association. The
Committee should generally afford the requesting member an initial
consultation with legal counsel to discuss the merits of any possible
defense with the understanding that the preliminary vote is a temporary
authorization for legal assistance.
(5) Once the voting results of the
Committee is received by the troop representative, the representative will
report the voting results to the requesting member by the most expedient
means.
(6) The requesting member will be required
to follow up with a written request for legal assistance detailing the
circumstances of the case and present same to the Board of Directors. This
written request shall be submitted at the next scheduled meeting of the
Board of Directors, unless there are emergency circumstances present (e.g.
injury of the member, death/serious illness of a family member, etc.). This
written request should contain the recommendation of the WVTA legal counsel
after the member's initial consultation with same. The Board of Directors
may vote to continue the temporary legal assistance for one more board
meeting on the motion of a troop representative. All requests for legal
assistance must receive preliminary approval of the majority of the
Committee.
(7) Upon a written request for legal
assistance, the Board of Directors shall determine if the requesting member
has sufficient merit to his/her case that may benefit from the assistance of
the WVTA legal counsel.
(8) Legal assistance will only be provided
as promulgated by these by-laws and upon majority approval of the Board of
Directors.
(9) Legal assistance may be revoked by a
majority vote of the Board of Directors upon any false, inaccurate, or
misleading application by the requesting member.
(10) Costs associated with legal
assistance provided by the WVTA will be included in the contractual
arrangements with the legal counsel as provided.
(11) The requesting member is obligated to
inform the Board of Directors if any other legal assistance is given by any
other entity.
(12) Upon recommendation of the WVTA legal
counsel, the Board of Directors may vote to retain the services of other
legal counsel.
(13) Any action involving the WVTA in
which the WVTA would assume the plaintiff position in a civil suit would
require a two-thirds approval of the Board of Directors prior to the
initiation of said law suit.
