December 2011

Senior Field Representative
Nancy Tate

LDF Coverage

SEBA gets a lot of questions regarding members Legal Defense Fund (LDF) coverage. There is a misunderstanding that deputy’s got different or better coverage than our other members. This is not true. All SEBA members get the same coverage period.

LDF has several plans. SEBA has Plan III. This plan is the Filed Representative plan. That means members are represented by a Field Rep for administrative investigations. Members will be assigned an attorney if more than a forty hour suspension is proposed. Members are not given an attorney prior to the proposed discipline unless the investigation is criminal in nature and related to your job. Off duty non work related criminal investigations are not covered by LDT.

If you are involved in an off duty non work related incident, SEBA will cover you up to a Skelly Hearing. If any further action is requested, the member will have to represent themselves or hire an attorney at their own expense.

Below is the section out of the LDF Plan Document.

Benefit Plan III -- Civil, Criminal and Limited Administrative Actions

A Participant who’s Member Association has chosen Benefit Plan III shall be entitled to the following services:

1. Legal representation in any civil or criminal action and representation by a Panel Attorney or Panel Field Representative in the types of administrative disciplinary actions set forth in subsection (c) hereof brought against him or her arising from any act or omission of the Participant within the scope of his or her employment, including civil, criminal or limited administrative disciplinary action brought as the result of the Participant's involvement in Concerted Labor Activity, subject to the conditions set forth in Section 9 of this Article.
2. All customary, necessary, and reasonable services related to an action described in subsection (a) hereof, including where it appears reasonably probable that such an action will be commenced.
3. Administrative disciplinary action, as set forth in this Benefit Plan III, shall include only those actions which arise from any act or omission by the Participant within the scope of the Participant’s employment in which: (1) 1) the Participant discharges a weapon (as defined in section 25 of Article I (Definitions); or (2) serious injury or death occurs; or (3) "Miranda" warnings are given to the Participant and are not followed by an admonition that any statement made in an administrative interrogation may not be used in criminal proceedings against the officer. See, e.g., Lybarger v. City of Los Angeles, 40 Cal.3d 822 (1985); or 19 (4) the Participant has been given formal written notice of proposed administrative discipline in the form of a suspension of more than forty (40) hours or the financial equivalent thereof.

Please contact your field representative if you have any questions.