Arizona Correctional Peace Officers Association

6.1 Neither the establishment of the Plan, nor any modifications thereof, nor the creation of any fund or account, nor the

provision or payment of any benefits, shall be construed as giving any Member or other person any legal or equitable

right of action, or any recourse against AZCPOA, its officers, agents or employees, except as provided in this Plan.

6.2 References in this Plan to any particular sections of any local, state or federal statute shall include any regulation

pertinent to such sections and any subsequent amendments to such sections or regulations.

6.3 It is agreed and understood that each Member to whom assistance is rendered under this Plan is entitled to the same

rights and consideration, including the right of confidentiality, to which any other client of an attorney is entitled.

6.4 This Plan shall be governed by and construed in accordance with the laws of the United States and of the State of

Arizona, and it is intended to be performed in accordance with, and only to the extent permitted by all applicable laws,

ordinances, rules and regulations.

6.5 Neither AZCPOA nor its officers, agents, attorneys, or employees shall in any way be responsible under this Plan for acts,

occurrences, or events which are caused by acts of God or by some other person (including the Member), which may

affect, disrupt or terminate this agreement and thereby prevent appointed attorneys from performing the services

contemplated hereunder.

6.6 The headings contained in this Plan are for reference purposes only and shall not in any way affect the meaning or

interpretation thereof.

6.7 No failure to enforce strictly any provision of this Plan shall be construed as a waiver of such a provision. AZCPOA

reserves the right to enforce strictly each and every provision at any time, regardless of the nature or number of prior

occurrences or the similarity of the circumstances.

6.8 This legal plan document supersedes any summary or other description of the AZCPOA legal plan.

AZCPOA Legal Plan

Article 1

DEFINITIONS

1. AZCPOA: Arizona Correctional Peace Officers Association, Inc.

2. Critical Incident: Member involved shooting, in-custody death or life threatening injury, accident in performance of duty

which results in life threatening injury or death to others.

3. Event: The act, omission, or occurrence within the State of Arizona giving rise to civil, criminal, or administrative action

against the Member.

4. Executive Board: Executive Board of AZCPOA

5. Member: A Member of AZCPOA in good standing.

6. Plan: This document, setting forth the AZCPOA legal plan as it may be amended, and the benefits provided hereunder.

7. Good standing: dues are current and fully paid.

Article 2

ELIGIBILITY

2.1 Members are eligible for benefits under the Plan for Events that occur while the Member is in good standing.

2.2 All benefits for a Member terminate automatically:

(a) if the Member fails to maintain status in good standing;

(b) if the Member voluntarily terminates membership; or,

testimony, or fact in an ongoing investigation of an Event.

2.3 Termination of benefits does not entitle a member to any refund or rebate of payments.

2.4 In the event a Member is deemed ineligible for benefits, the Member may appeal the denial, in writing, to the Executive

Board. The Member may be represented on appeal by a personal representative as the Member may select.

2.5 A decision by the Executive Board regarding eligibility for benefits is final and binding concerning the interpretation

and application of this Plan.

Article 3

AMENDMENT, INTERPRETATION AND

TERMINATION OF THE PLAN

3.1 By majority vote, the Executive Board may alter, amend, modify or terminate this Plan at any regular or special meeting,

including telephone meetings. The Executive Board shall thereafter submit such alterations to the Board of Directors at

its next regularly scheduled meeting. If the alteration made by the Executive Board is not approved by the Board of

Directors, it shall become void.

3.2 The Executive Board shall be the final and binding authority regarding interpretation of the Plan.

3.3 Any Member dissatisfied administration of this Plan shall direct a written complaint to the Executive Board with copies

to any persons who may be the subject of the complaint. If the Executive Board or one of its members is the subject of

the complaint, the complaint shall be directed to the AZCPOA Board of Directors.

Article 4

BENEFITS

4.1 24/7 CRITICAL INCIDENT RESPONSE : An AZCPOA representative and legal representative shall respond to any

Critical Incidents within the State of Arizona involving Members.

4.2 DEFENSE OF DISCIPLINARY ACTION : If an Event results in discipline that may legally be appealed to the State

Personnel Board, Member shall receive legal representation for the appeal to the State Personnel Board.

4.3 DEFENSE OF PROFESSIONAL LICENSE OR CERTIFICATION : If an Event results in a complaint against a

professional license or certification, Members shall receive legal representation in before the professional board.

4.4 REPRESENTATION FOR RETIREMENT/DISABILITY HEARINGS : Members shall receive legal representation

for retirement and disability matters at the Arizona Department of Corrections Correctional Officer Retirement Plan

Local Board.

4.5 DEFENSE OF CIVIL LAWSUITS : To the extent that the State of Arizona does not provide legal counsel, Members,

Members’ spouses, Members’ same sex domestic partners, and Members’ dependent children under 18 (or under 23 if

a full-time student residing with Member) shall receive legal representation if named as a defendant or respondent in

civil or criminal actions arising from Members employment.

4.6 CRIMINAL DEFENSE : Members shall receive legal defense for criminal charges or indictments arising from

allegations that the Member has, by virtue of Members employment, unlawfully subjected another to mistreatment,

unlawfully denied or impeded another in the exercise or enjoyment of any rank, privilege, power or immunity, or

unlawfully misused government property, services, personnel, or any other thing of value that has come into the

Members custody or possession by virtue of the Members employment.

4.7 PERSONAL INJURY/PROPERTY DAMAGE : With the specific exception of DUI/DWI and drug related matters

and within the State of Arizona, Members shall receive five (5) hours of legal representation for vehicular property

damage recovery, vehicular personal injury damages, and protection against loss of Members drivers license.

Members and their families also be referred to personal injury attorneys who have agreed to render services at for a

25% personal injury contingency fee for accepted cases.

4.8 DEFENSE OF MOTOR VEHICLE CHARGES : With the specific exception of DUI/DWI, and drug related matters

and within the State of Arizona, Members shall receive legal defense of moving violations and vehicular related

charges of manslaughter, involuntary manslaughter, negligent homicide, and vehicular homicide within the State of

Arizona.

4.9 WORKERS COMPENSATION REPRESENTATION : Members receive legal representation in workers’

compensation matters before the Arizona Industrial Commission. In the event a Members workers compensation

claim is appealed to the Arizona Industrial Commission and the Member is unable to secure counsel on a contingent

fee basis, the Member shall receive representation for the appeal to the Arizona Industrial Commission.

4.10 IRS REPRESENTATION : With the specific exception of matters involving allegations of tax evasion or fraud,

Members shall receive up to 65 hours of legal representation in the event of an IRS audit of their personal tax return.

4.11 PROBATE REPRESENTATION : Survivors of Members shall receive representation in the probate of the Members

estate.

4.12 ESTATE PLANNING : Members, Members’ spouses, and Members’ same-sex partners shall receive legal

representation for estate planning which consists of a will, living will, and advance directives.

4.13 AFFIRMATIVE LITIGATION BENEFIT : At the discretion of the Executive Board, Members may receive legal

representation for affirmative civil litigation, including but not limited to lawsuits that result from assaults by

inmates.

4.15 ATTORNEY CONSULTATIONS : Members shall receive initial telephone consultations for any legal matters.

Article 5

EXCLUSIONS

5.1 No benefits shall be provided to a Member in a civil action in which AZCPOA or any member of its Executive Board may

be an adverse party.

5.2 No benefits shall be provided to cover fees or costs awarded against a Member in any action.

5.3 No benefits shall be provided in any proceeding in which the a third party, whether by agreement, policy or operation of

law, agrees or undertakes to provide a defense and indemnities a Member for all compensatory damages arising out of

the proceeding.

5.4 Some AZCPOA Members may also be members of another plan, program, or policy which provides group legal services

to Correctional Officers. Whenever an incident or event giving rise to legal plan coverage occurs, the Member may opt

for coverage under the AZCPOA legal plan or any other plan. If the Member opts for coverage under any other plan,

program, or policy which provides group legal services to Correctional Officers then no benefits will be provided by the

AZCPOA legal plan for that incident or event.

5.5 No benefits shall be provided for proceedings arising from Events alleged to have occurred when the Member was not a

Member in good standing.

5.6 In any proceeding in which benefits have been provided under this Plan, in the event a Member recovers any amounts as

damages (other than for lost compensation), attorney's fees or costs, the Plan shall be entitled to reimbursement from

the Member to the full extent of the outlays made by the Plan on behalf of the Member. The Member shall execute any

and all documents to facilitate such recovery by the Plan. If a Member does not wish to pursue a right of action against

for such damages, attorney's fee or costs, the Member shall assign such right of action to the Plan to the event lawfully

permissible, and shall assist the Plan in prosecution of such cause of actions.

5.7 No benefits shall be provided to a Member who is untruthful or uncooperative with appointed counsel. In such a case,

the right of said Member to legal services hereunder may be terminated or suspended, subject to appeal to the Executive

Board.

5.8 If benefits are provided to a Member based upon misrepresentation, benefits shall be terminated or suspended, and

reimbursement of the cost of benefits provided will be sought from the Member.

5.9 No provision of this Plan shall require the Plan, its employees or attorneys, or attorneys associated with them, to

perform any act in violation of the Code of Professional Responsibility of the State Bar of Arizona including, but not

limited to, the prohibition against interference by any organization interfering with or controlling the performance of

an attorney's duty to his client.

Article 6

MISCELLANEOUS