NOTE: On May 5, 2017 the Utah State Lodge passed a motion to raise Utah Legal Services dues by $20 a year per member. This means legal dues shall raise from $240 to $260 a year. FOP Grand Lodge Legal Service Program is currently at $268 per year and does NOT cover off-duty incidences. The new amount is effective July 1, 2017. FOP Lodge 14 will discuss this matter at our next board meeting and decide whether to raise dues to cover the increased costs or attempt to absorb these costs. Stay tune! 

FOP Legal Plan Service Numbers

 

Chad Bennion, Executive Director - 801-889-9671 or email him at cebwest1@live.com

 

Office: (801) 981-8779
Emergency:

(801) 997-0678

 
FOP Legal Plan does NOT have a gatekeeper like other employees association. If a member is facing a challenge, they may go directly to the FOP attorney without going through the leadership of the association. This is VERY unique and not what most organizations allow or provide as a benefit.
 
The legal plan, sponsored by the Utah State FOP, offers the following coverage to our participating members.
 
Members Support

 

  • Criminal – both ON and OFF duty (restrictions apply in cases of corruption)
  • Civil – On duty (and only when agency does not indemnify)
  • Adminstrative – ANY departmental action and POST action

 

EMPLOYMENT ISSUES – such as hostile work environment, sexual harassment, etc, are not covered under this plan for proactive action.  We do, however, have a referral for such action through a reputible law firm that is specialized in this area.

 

Lodge Legal Support
 
  • Lodge 14 is eligible to have the State Lodge General Counsel assit the Lodge in legal issues ranging from letters to basic court filings.
  • Lodge 14, as participating members of the State Lodge Plan, may hae the State Lodge General Counsel file of a lawsuit, when action is deemed necessary to correct issues facing the local lodge as a whole.

 

Legal Plan Details
Current details on the Utah Legal Plan
 See below.
 
Letter to membership
 See below.
 
Claim Reporting Form
See below.
 
 To be completed for reimbursement benefit for time off without pay where plan attorney was not used and member accepted responsibility and discipline. MUST BE RECEIVED WITHIN 60 DAYS!!  Please note that reimbursement checks will be issued by the Treasurer at the next regular board meeting after the claim is received and verified.  Reimbursement can take up to 60 days.
 
It is HIGHLY recommended that you download the Claim Reporting Form, complete it, and scan the form along with all department forms to statelodge@utahfop.com.  We have been having issues with USPS and claims not reaching the state lodge office.  By scanning and emailing them, there is a digital trail.  If you must mail them, we recommend certified mail so it can be tracked.
Legal_Plan_Details.pdf
Adobe Acrobat document [208.1 KB]
General_Counsel_Letter.pdf
Adobe Acrobat document [255.5 KB]
FOP Claim Form for Reimbrusement of Loss Wages
Legal_Claim_Form.pdf
Adobe Acrobat document [202.9 KB]

HOW DOES THE FOP LEGAL PLAN DIFFER FROM OTHER PLANS?

Law enforcement personnel working for the State of Utah need to really think about what organization they want to join to protect their career. The biggest single threat for a law enforcement officer is liability resulting from the performance of his/her job duties. Whether it is a critical incident or simply a citizen or offender making a false complaint, these incidences can be career ending if not handled properly!  

 

Most associations or unions have a policy which requires their Union or Association board to make the final decision regarding whether an officer can access legal services. The statements below, copied in their entirety from the website of an employee organization* representing law enforcement personnel in the State of Utah, are typical of unions or associations claiming to represent law enforcement personnel (emphasis added):

 

"XXXX is pleased to announce an expansion of its services to provide legal coverage for XXXX members who are Peace Officers when a Critical Incident occurs in the line of duty.

XXXX will provide this coverage immediately following the Incident and through the investigation period. This coverage by XXXX may extend beyond the investigation period in the event the employing agency refuses to provide legal coverage if the XXXX Board approves extended coverage (after a review of the matter from a panel of XXXX members). The XXXX Board shall consider the findings of the panel and grant or deny extended coverage, in its sole discretion, based upon its determination of culpability, available resources, and other factors.  

 

 

To be eligible for this coverage, a Peace Officer must be continuously enrolled in XXXX for at least 6 months prior to the date of the Critical Incident through the entire period of coverage, including being current on dues during this time. All other, "non-Critical Incident" disciplinary action, will continue to be addressed through current XXXX grievance policy and procedures.

 

"Critical Incident" means an incident involving the use of force by a Peace Officer that results in Death or Serious Bodily Injury and an investigation regarding such use of force is initiated by the employing agency.

"Peace Officer" means a POST certified employee working in law enforcement, corrections or similar positions with other agencies.

 

If you have had a Critical Incident and would like to avail yourself of this coverage please contact XXXX at XXXXXXX to determine your eligibility and refer you to legal."  

 

HOW DOES THE FOP LEGAL PLAN DIFFER FROM OTHER PLANS?

 

Here's how the FOP legal plan differs from the plan described above:

  • FOP's legal plan has always covered critical incidences as a part of its legal services which are provided with membership. In addition, FOP provides protection for a law enforcement officer who may be accused of an offense which could be career ending whether or not the offense occurred on the job!
  • The FOP Legal Plan is a contract between the officer and the FOP attorney and therefore FOP's Executive Board has no say so whatsoever on whether a member accesses the FOP Legal Plan. The member makes the decision after consulting with the FOP attorney as to the best course of action regarding any incident. Why should your association or union employee board know what problems you're having with your employer? The law requires your medical conditions to be confidential, why shouldn't you employment matters be confidential?
  • The plan covers incidences which occur after a member has had dues deducted from their paycheck. No arbitrary and capricious waiting limit of 6 months is required.
  • On noncritical issues, the member decides whether they want legal counsel to represent them through the current grievance policy or procedures or whether he/she would prefer the Executive Director to represent them through the administrative process. The decision is completely in the hands of the member.

The differences described above are major differences in benefits. When an incident occurs it should NOT be a matter of popularity or a decision driven by the financial limitations of the Association or Union - the decision should be made in your best interests!

 

Yet another reason to be protected by an organization which was created by law enforcement personnel exclusively for post certified officers - join today. 

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