I hereby apply to Massachusetts Police Association Legal Defense, Inc. (MPALDF, Inc.) for membership. I understand that in order to continue my membership uninterrupted once this application has been accepted, I must pay on or before December 31st of any calendar year the annual membership fee of $300.00 (as established by the Massachusetts Police Association Legal Defense Fund, Inc. Committee).I also understand and agree that in executing this application I am agreeing to the terms and conditions described below and as modified from time to time by the Contract for Legal Services between the Massachusetts Police Association Legal Defense Fund, Inc. and the Legal Defense Fund attorneys. I have read and understand the aforementioned terms and conditions.
I also understand and agree that my membership in the MPALDF, Inc. will automatically terminate for all employment-related incidents that occur after any of the following events:
1. Termination of my employment as a sworn law enforcement officer
2.Termination of my membership in the Massachusetts Police Association, Inc.
3.Termination of my member (Department) association’s membership in the Massachusetts Police Association, Inc. if membership is paid as a group; or
4.My failure to pay the annual membership fee by January 31st to the MPALDF Inc. Treasurer
Any member terminated by any of these reasons shall not be entitled to any refund or rebate of any previously paid membership fees. I hereby assign and transfer to the MPALDF, Inc. any and all rights to indemnification from for the cost of legal representation that I have or may have against my employer. I agree to cooperate with the MPALDF, Inc. in recouping any amounts expended by the MPALDF, Inc. for legal fees and costs and, upon request, to execute any and all documents necessary or convenient to facilitate a recovery by the MPALDF, Inc. If I have a right of action against any party for legal fees and costs and do not wish to pursue it, I will, upon request assign such right of action to the MPALFD, Inc. or its assigns, to the extent lawfully permissible and assist the MPALDF, Inc. in its prosecution of this cause of action. In the event that I recover compensation or damages from any third party that includes the costs of any legal services provided to me here under, I shall fully reimburse the MPALDF, Inc. for the payments it made on my behalf. I understand that the attorneys provided to me by the MPALDF, Inc. have no obligation or duty to pursue or inquire into indemnification by my employer or its insurer
Terms and Conditions
Date of Incident. In order to receive the benefits provided by the Massachusetts Police Association, INC. Legal Defense Fund a member must be in good standing on the date of the police employment-related incident that caused the charges to be brought or contemplated against the member.
Legal Services. Subject to verification of being a member in good standing at the time of the incident, the member is entitled to legal representation by the Legal Defense Fund attorneys free of any additional charge in any civil, criminal, administrative or departmental action for charges brought against him\her for activities arising out of or in the course and scope of his\her law enforcement employment, regardless of whether the member was on duty at the time of the underlying incident. This benefit also includes any reasonable legal, investigative and advisory services prior to the commencement of any such proceedings whenever it appears reasonably probable that such proceedings may be commenced. It also includes any investigative services and fees, expert consultations and fees, costs and expenses of suit, and other cost items deemed necessary by the Legal Defense Fund attorneys for the vigorous defense of the member.
Duty to Cooperate. THE MEMBER SHALL COOPERATE WITH THE ATTORNEYS REPRESENTING HIM\HER AND SHALL, UPON REQUEST OF THE ATTORNEYS, ASSIST IN A TIMELY MANNER IN THE CONDUCT OF HEARINGS, DISCOVERY, LOCATION OF WITNESSES, RECOVERY OF DOCUMENTS, OR OTHERWISE AS INSTRUCTED OR REQUESTED BY THE ATTORNEYS IN FURTHERANCE OF HIS\HER DEFENSE. FAILURE TO ASSIST SHALL BE GROUNDS FOR THE ATTORNEYS TO TERMINATE OR SEEK TERMINATION OF THEIR REPRESENTATION OF THE MEMBER AND FOR THE LEGAL DEFENSE FUND TO REFUSE TO PAY FURTHER BENEFITS ON BEHALF OF THE MEMBER FOR THAT QUALIFYING INCIDENT, AND IT RENDERS THE LEGAL DEFENSE FUND FREE FROM ANY FURTHER RESPONSIBILITY OR LIABILITY TO THE MEMBER FOR THAT QUALIFYING INCIDENT.
Appeals. The member is not entitled to legal representation via an appeal beyond arbitration, Civil Service Commission, Superior Court, or federal District Court without approval from the Massachusetts Police Association, Inc. Legal Defense Fund Committee unless it is in defense of a favorable decision or result.
Representation by Employer. In any proceeding where, whether by collective bargaining agreement, contract, custom, policy, election, statute, bylaw, or ordinance, the individual member's employer agrees, elects or undertakes to provide a defense and further agrees to indemnify the individual member for any loss, liability or judgment arising out of the proceeding, then the Legal Defense Fund shall not be required to afford any benefits for that proceeding. If, however, the employer refuses to defend the member, the Legal Defense Fund will provide legal representation here under, and will be subrogated to the individual member's rights against the member's employer; provided, however, that if the employer agrees to defend the member, but fail to indemnify the member or reserve its decision to indemnify pending the outcome of the proceedings, then the member may elect to receive benefits, and the Fund shall, if the employee so elects, proceed to afford the benefits provided, and shall be subrogated to the individual member's rights against the employer, or the employer' insurer, if any.
Judgments. Massachusetts Police Association, Inc. and\or its Legal Defense Fund or any of the individual officer, agents, servants or employees of Massachusetts Police Association, Inc. and\or its Legal Defense Fund shall not be liable in any respect for any judgment, damages or the like arising out of the prosecution of any claim against any of the individual member herein involved or enrolled in the Legal Defense Fund.
Conflicts of Interest. In the event that a conflict of interest arises in the representation of a member by a particular Legal Defense Fund law firm, then another Legal Defense Fund law firm shall take over
I am a Retired dues paying member in good standing of the Massachusetts Police Association, Inc. and former full-time employee of the Police Department specified in this application. I hereby apply to Massachusetts Police Association Legal Defense, Inc. (MPALDF, Inc.) for membership. I am currently a sworn special/reserve police officer performing law enforcement services and direct police-related activities for the Police Department specified in this application. I understand that in order to continue my membership uninterrupted once this application has been accepted, I must pay on or before December 31st of any calendar year the annual membership fee of $150.00 as established by the Massachusetts Police Association Legal Defense Fund, Inc. Committee.
I also understand and agree that in executing this application I am agreeing to the terms and conditions either attached to this application or found at www.masspolice.com, and as modified from time to time by the Contract for Legal Services between the Massachusetts Police Association Legal Defense Fund, Inc. and the Legal Defense Fund attorneys. I have read and understand the aforementioned terms and conditions.
I also understand and agree that my membership in the MPALDF, Inc. will automatically terminate for all employment-related incidents that occur after any of the following events:
1. Termination of my employment as a retired sworn law enforcement officer;
2. Termination of my membership in the Massachusetts Police Association, Inc.;
3. Termination of my member (Department) association’s membership in the Massachusetts Police
Association, Inc. if membership is paid as a group; or
4. My failure to pay the annual membership fee by January 31st to the MPALDF Inc. Treasurer
Any member terminated by any of these reasons shall not be entitled to any refund or rebate of any previously paid membership fees.
I hereby assign and transfer to the MPALDF, Inc. any and all rights to indemnification from for the cost of legal representation that I have or may have against my employer. I agree to cooperate with the MPALDF, Inc. in recouping any amounts expended by the MPALDF, Inc. for legal fees and costs and, upon request, to execute any and all documents necessary or convenient to facilitate a recovery by the MPALDF, Inc. If I have a right of action against any party for legal fees and costs and do not wish to pursue it, I will, upon request assign such right of action to the MPALFD, Inc. or its assigns, to the extent lawfully permissible and assist the MPALDF, Inc. in its prosecution of this cause of action. In the event that I recover compensation or damages from any third party that includes the costs of any legal services provided to me hereunder, I shall fully reimburse the MPALDF, Inc. for the payments it made on my behalf.
I understand that the attorneys provided to me by the MPALDF, Inc. have no obligation or duty to pursue or inquire into indemnification by my employer or its insurer.
