ARTICLE III
BENEFITS Subject to the exclusions and limitations set forth in the Plan, a Participant is entitled to the benefits provided under the Benefit Plan, as described hereinafter, for which the Member Association has properly applied and for which the required contributions have been made.

A. Benefit Plan I - Civil, Criminal and Administrative Actions

A Participant whose Member Association has chosen Benefit Plan I shall be entitled to the following services:

1. Civil and Criminal: Legal representation in any civil or criminal action brought against him or her arising from any act or omission of the Participant within the scope of his or her employment, including any civil or criminal action brought as the result of the Participant's involvement in Concerted Labor Activity, subject to the conditions set forth in Section F. of this Article.

2. Administrative: Legal representation in any administrative disciplinary action brought against him or her arising from any act or omission of the Participant within the scope of his or her employment, including any administrative disciplinary action brought as the result of the Participant's involvement in Concerted Labor Activity, subject to the conditions set forth in Section F. of this Article.
   (a) Participants who receive a notice of intended discipline for a forty (40) hour suspension or less are entitled to coverage, but only until the completion of his or her pre-disciplinary hearing, i.e., Skelly hearing. Granting further representation to a Participant who receives a forty (40) hour suspension or less is a matter of trust discretion.
   (1) If a Participant notifies his or her representative that the Participant is not satisfied with the outcome of the Skelly hearing, the Participant shall be entitled to have the representative file a written notice of appeal from the discipline with the appropriate official within the applicable time limit.

   (2) Failure by the Participant's representative to file a written notice of appeal within the applicable time limit shall be the responsibility of the representative; the Trust shall not incur liability on account of the representative's action or inaction.

   (3) If the Participant desires further representation, the Participant shall file a claim with the trust chair as described in Article V of this plan document. If the Participant fails to file a claim with the trust chair within sixty (60) days after the date on the Skelly notice, the trust chair shall deny further coverage to the Participant.

   (b) If after the Skelly hearing the amount of intended discipline is a suspension of no more than forty (40) hours or its financial equivalent and the participant files a claim, then the trust chair shall determine pursuant to the following guidelines if further coverage is appropriate. The trust chair shall consider relevant factors, including but not limited to the following:
   (1) does the Participant deny the allegations giving rise to the discipline (if so, the trust chair may grant further coverage);

   (2) if the Participant admits the allegations giving rise to the discipline, does the Participant contend there are extenuating circumstances (if so, the trust chair may grant further coverage);

   (3) do the actions or omissions described in the Skelly notice occur in the scope of the Participant's employment (the trust chair will normally deny further coverage for non-scope conduct such as personal use of the criminal justice computer network while on duty, drunk driving, spousal battery, participating in a bar brawl, etc.);

   (4) does it clearly appear that continuing the Participant's appeal from discipline will not result in a reduction of discipline (if so, the trust chair may deny further coverage);

   (5) does the Skelly notice contain clear and convincing evidence that the Participant committed the acts or omissions outlined in the notice (if so, the trust chair may deny further coverage).

   (c) The trust chair shall decide on a case-by-case basis whether coverage will be provided for such services as polygraph examinations, expert witnesses, hearing transcripts, etc.

   (d) For acts or omissions outside the scope of employment, legal representation is limited to departmental administrative investigations and informal non-adversary pre-disciplinary hearings, e.g., a Skelly hearing.

   (1) In cases involving allegations within the scope of employment and allegations outside the scope of employment, the trust chair shall decide on a case-by-case basis whether a Participant must pay in advance to the trust the expected cost of representation for the non-scope matters before further coverage is accorded the Participant.
   (e) These services are subject to Section C. (Field Representative Option) of this Article.

3. All customary, necessary, and reasonable services related to the action described in Benefit Plan I hereof, including where it appears reasonably probable that such an action will be commenced.

4. The appeal of any action under Benefit Plan I to court, except to challenge imposed discipline, shall be subject to a three hundred dollar ($300) deductible, and to all other exclusions and limitations of the Plan.

5. Legal representation under Benefit Plan I shall be subject to advance payment of seventy-five percent (75%) of any applicable transcript costs, including transcripts requested by the Administrator for consideration of a request for benefits hereunder.

B. Benefit Plan II - Reserve Officers

A Participant whose Member Association has chosen Benefit Plan II shall be entitled to the following services:

1. Legal representation in any civil or criminal action brought against him or her arising from any act or omission of the Participant within the scope of his or her employment as a Reserve Peace Officer, including any civil or criminal action brought as the result of the Participant's involvement in Concerted Labor Activity, subject to the conditions set forth in Section F. of this Article.

2. Legal representation in any departmental administrative investigation arising from any act or omission of the Participant within the scope of his or her employment as a Reserve Peace Officer, including investigations relating to the Participant's involvement in Concerted Labor Activity, subject to the conditions set forth in Section F. of this Article, with coverage terminating upon the conclusion of any informal disciplinary hearing, i.e. Skelly hearing.

3. All customary, necessary, and reasonable services related to an action described in subsection 1. and 2. hereof, including where it appears reasonably probable that such an action will be commenced.

C. Field Representative Option

A primary service provider designated by the Trust shall, in its sole discretion, determine in each administrative disciplinary action whether and to what extent services to a participant will be provided by a Panel Attorney or a Field Representative. Where a primary service provider has determined that representation by a Field Representative is appropriate, a Participant may nonetheless receive legal representation from a Panel Attorney; in such cases, however, the Trust's sole obligation is to compensate the Panel Attorney at the Trust's applicable rate for Field Representatives, and any remaining fee due to the Panel Attorney shall not be the Trust's responsibility.

D. Limits on Benefits for Participants Who Are New Peace Officers or Public Safety Employees

A Participant who is probationary, according to the rules of his or her local jurisdiction, shall be entitled to representation in accordance with the Benefit Plan chosen by the Member Association; provided, however, that:

1. In the event of termination or rejection during the probationary period, benefits shall be limited to representation in informal non-adversary pre-disciplinary administrative hearings, e.g., a Skelly hearing

2. Any jurisdiction, which does not set an official probationary period, shall be considered for purposes of this Section to have a probationary period of one (1) year following the commencement of employment.

E. Benefits for Participants Who Are Department Heads

A Participant who is a Chief of Police, Sheriff, Marshal, or other Chief Administrative Officer, shall be entitled to representation in accordance with the Benefit Plan chosen by the Member Association only in relation to civil, criminal or administrative disciplinary actions taken against him or her because of his or her personal performance of active law enforcement duties, i.e., when he or she is acting in his or her capacity as a Peace Officer or Public Safety Employee rather than as an administrator or department head.

He or she will not be entitled to benefits of the Plan in relation to civil, criminal or administrative disciplinary actions arising from any act, omission or performance of activities in his or her own capacity as an administrator or department head.

F. Representation for Concerted Labor Activity

A Participant shall be entitled to representation, including representation in a civil or criminal contempt action, in accordance with the Benefit Plan chosen by the Member Association, for Concerted Labor Activity arising out of a dispute over wages, hours, terms, or conditions of employment between the Participant's Member Association and his or her employer, provided that:

1. The Board of Trustees approves benefits under the Plan after establishing that the Participant's Member Association has exhausted all reasonable procedures or other means to resolve the labor dispute and did so prior to resorting to any such Concerted Labor Activity; and

2. The Participant's Member Association has been covered under the Plan for at least six (6) months prior to the date of such Concerted Labor Activity; and

3. The Board of Trustees' approval under subsection 1. hereof occurs prior to the occurrence of any Concerted Labor Activities, absent compelling circumstances as determined by the Board of Trustees.

   A Participant shall not be entitled to benefits with respect to Concerted Labor Activities occurring more that ninety calendar days after approval by the Board of Trustees under subsection 1. hereof, unless extended by the Board of Trustees.

G. Representation Involving Affirmative Relief

1. Subject to subsection G.2. hereof, a Participant may be entitled to representation arising from any act or omission within the scope of a Participant's employment and seeking legal or equitable affirmative relief in any court or tribunal of appropriate jurisdiction.

2. Benefits shall not be provided under this Section unless the Board of Trustees determines, considering all material factual circumstances and legal issues, that there exists a reasonable likelihood of one of the following:
   (a) A favorable countywide impact on Public Safety Officers or Peace Officers employed in the same county as the Participant due to the legal issues presented, or

   (b) In the absence of a favorable countywide impact, a recovery sufficient to reimburse the Legal Defense Trust for all of its expenditures associated with the action, including but not limited to attorney's fees and all expenses and costs.

   The Board of Trustees shall in its sole discretion impose the conditions upon which benefits under this Section are granted.

H. Right of a Deceased Participant's Estate

The estate of a deceased person who was a Participant at the time of his or her death shall be entitled to the Benefits under this Plan that the Participant was entitled at the time of his or her death.

I. Cases of General Importance

The Board of Trustees may, in its sole discretion, authorize that legal service benefits be provided for matters of general importance and significance to Participants in any court or tribunal of appropriate jurisdiction. In determining whether to authorize benefits under this Section, the Trustees shall consider the factors set forth in Section G.2. of this Article.

ARTICLE IV
EXCLUSIONS AND LIMITATIONS

In addition to the exclusions and limitations set forth elsewhere in this Plan, the following exclusions and limitations shall apply:

A. Exclusions

The provision of benefits under the Plan shall be subject to the following exclusions:

1. Employment Practices - No benefits shall be provided under the Plan for any action brought by a Participant arising out of any violation of, or covered by provisions of, the Equal Employment Opportunity Act, 42 U.S.C. Section 2000(3) et seq.; the Age Discrimination in Employment Act, 29 U.S.C Section 623 et seq.; the Americans With Disabilities Act, 42 U.S.C. Section 12101 et seq.; the Employee Retirement Income Security Act of 1974, 29 U.S.C. Section 1001 et seq.; the Fair Labor Standards Act, 29 U.S.C. Section 201 et seq.; the Labor-Management Relations Act, 29 U.S.C. Section 141 et seq.; the Occupational Safety and Health Act, 29 U.S.C. Section 651 et seq.; the Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. Sections 4301-4333; the federal civil rights statutes, i.e., 42 U.S.C. Section 1983 et seq.; the federal or any state constitution, insofar as the subject matter of the action is similar to that of any of the above-described statutes; or any law, statute, ordinance, regulation, or rule of similar type or description enacted by the federal government or any state or political subdivision thereof, including but not limited to counties, districts, and cities, and which is similar either on its face or as applied to any of the above described statutes.

2. Retirement - No benefits shall be provided under the Plan to obtain, protect, preserve, or set aside pension or retirement benefits, including disability retirement benefits, under any federal, state, county, city, or city and county pension or retirement system.

3. Workers' Compensation - No benefits shall be provided under the Plan for any action within the jurisdiction of the Workers' Compensation Appeals Board; for any action to obtain, protect, preserve, or set aside workers' compensation benefits, industrial or non-industrial disability benefits, social security benefits, disability, health or other insurance benefits of a like or similar nature; or for any action for benefits payable under or because of an industrial injury, illness, disease, or death, whether by contract or otherwise, arising out of any of the provisions of the State Workers' Compensation Act or any similar federal, state, county, city, or city and county ordinance, law, resolution, regulation, or any contract of insurance.

4. Civil Service Disputes - No benefits shall be provided under the Plan for any action to obtain, protect, preserve, or set aside any benefits or position with respect to any civil service, merit system, or personnel eligibility list for appointment or promotion to a position.

5. Punitive or Other Damages - No benefits shall be provided under the Plan to cover any monetary award for damages, including but not limited to punitive or compensatory damages, whether by judgment, settlement or otherwise against a Participant in any action.

6. Attorneys' Fees - No benefits shall be provided under the Plan to cover attorneys' fees or costs of an opposing party awarded against a Participant in any action.

7. Breach of Employment Contract - No benefits shall be provided under the Plan related to proceedings brought against a Participant for breach of an agreement with his or her employer to remain employed.

8. Medical - No benefits shall be provided under the Plan related to proceedings involving the medical condition of a Participant.

B. Limitations

The provision of benefits under the Plan shall be subject to the following limitations:

1. Civil Action Against Public Employee and Employer
   (a) Employer Accepts Defense and Agrees to Indemnify

   No benefits shall be provided under the Plan in any civil proceedings in which the Participant's employer or its insurer, whether by agreement, policy or operation of law, e.g., California Government Code Section 825 regarding "Indemnification of Public Employees" or Section 995 regarding "Defense of Public Employees" or applicable case law, agrees to or undertakes to provide a defense, agrees to or undertakes to indemnify the Participant for all general and punitive damages arising out of proceedings, and is entitled to so agree or undertake under the laws of the applicable jurisdiction.

   (b) Reservation of Rights by Employer

   In the event the Participant's employer agrees to defend the Participant but refuses to fully indemnify the Participant (including indemnification for punitive damages) or asserts a reservation of rights as to the indemnification of the Participant pending the outcome of the proceedings, then the Participant shall be entitled to benefits as set forth in Article III, if the following two requirements are met:

   (1) The Board of Trustees determines, in accordance with the advice of legal counsel with expertise in the field of civil litigation, that there is a considerable likelihood that punitive damages will be awarded against the Participant, based on a conflict of interest or other circumstances; and

   (2) The Legal Defense Trust is subrogated to the Participant's rights against the employer or its insurer.

   In the event that these two requirements are not satisfied, the Legal Defense Trust shall Monitor the case to ascertain if a considerable likelihood of punitive damages subsequently arises, in which event, provided that the Legal Defense Trust is subrogated to the Participant's rights against the employer or its insurer, the case will then be referred to a Panel Attorney and benefits will be provided as set forth in Article III.

   (c) Employer Refuses Defense

   In the event the employer or its insurer refuses to defend the civil proceedings, then the Participant shall be entitled to the benefits under the Benefit Plan selected by the Member Association, and the Legal Defense Trust shall be subrogated to the Participant's rights against the employer or its insurer. The case will then be referred to a Panel Attorney and benefits will be provided as set forth in Article III.

2. Third Party Recovery - In the event that a Participant recovers from any third party any amounts as damages (other than lost compensation), attorneys' fees, or costs in a case in which the Legal Defense Trust provided benefits, the Legal Defense Trust shall be entitled to reimbursement from such Participant to the full extent of the expenditures made by the Legal Defense Trust on behalf of said Participant hereunder. Participants agree to cooperate with the Legal Defense Trust in obtaining reimbursement and, upon request, to execute any and all necessary documents. If a Participant has a cause of action against any third party for damages, attorneys' fees, or costs and does not wish to pursue the action, he or she will, upon request, assign those rights to the Legal Defense Trust to the extent lawfully permissible and assist the Legal Defense Trust in its prosecution of such action.

3. Non-Cooperation or Misrepresentation by Participant - No benefits shall be provided to a Participant who is untruthful to his or her Panel Attorney or Field Representative or who does not cooperate with his or her Panel Attorney or Field Representative. In such a case, the right of the Participant to benefits hereunder may be terminated or suspended.

   Furthermore, if benefits are provided to a Participant based upon misrepresentations by the Participant to the Administrator or the Board of Trustees, the Legal Defense Trust shall be entitled to terminate or suspend benefits hereunder and to obtain reimbursement from the Participant for the full amount expended by the Trust for services and costs on behalf of the Participant.

4. Non-Interference - No provision of the Plan shall require the Trust or its employees or agents, or Panel Attorneys or any attorneys associated with them, to perform any act in violation of any State Bar Rule of Professional Conduct, including but not limited to any rule which prohibits any organization or group from interfering with or controlling the performance of an attorney's duty to his or her client.

5. Settlement Opportunity or Jeopardy - Benefits may be terminated in the event the Board of Trustees, in accordance with advice from legal counsel, determines that it is in the best interest of a Participant to cease his or her participation in any particular case, including but not limited to cases where continued proceedings may subject the Participant to more severe civil, criminal or administrative sanctions, damages, or attorneys' fees, or where the Participant has rejected a reasonable settlement proposal to resolve his or her case.

6. Appeal - No benefits shall be provided to appeal a decision by an administrative tribunal or a court, unless the Board of Trustees determines upon written request from the Participant that there exists a reasonable likelihood of success on the appeal or that the requirements set forth in Article III, Section G.2. are satisfied.

C. Coordination of Benefits

Benefits under the Plan shall not be provided to the extent that they are furnished to a Participant by any other plan, program or policy that provides group legal services to Peace Officers or Public Safety Employees.

D. Benefits Paid According to Fee Schedule

Benefits under the Plan will be provided in accordance with the fee schedule for Panel Attorney or Field Representative services adopted by the Board of Trustees from time to time. The Legal Defense Trust shall not be responsible for any charges made by a Panel Attorney, Field Representative or other person in excess of the fee schedule.

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