CLEAT
COMBINED LAW ENFORCEMENT ASSOCIATION
OF TEXAS
Questions frequently come up about the CLEAT legal services plan and what it offers. Below are several FAQs about the plan. One important benefit not noted below is the Temporary Income Protection plan that offers $100 a day, up to $500 per calendar year for members suspended by the Administration. The complete plan and the phone numbers x'd out below can be found in the Member Area of the CLEAT website (
www.cleat.org ).
Legal Services - Frequently Asked Questions See our guide to CLEAT Legal Plan for more information.
Here's a short guide to understand how we provide legal assistance to CLEAT members.
Q. What are the basic areas of legal coverage under the plan?
A. Listed below is a shorthand rendition of what types of cases we cover:
1. Any and all disciplinary and administrative cases through whatever administrative appeal that is available to you;
2. Defense of a civil lawsuit arising out of your official performance of duty as a peace officer;
3. Defense of criminal civil rights prosecution, state or federal;
4. Defense of other criminal prosecution that arises during your official tour of duty (or off-duty) and while acting as you reasonably believed as required by law as a peace officer; and
5. Defense of local associations.
Q. What if my case doesn't fit under the basic coverage of the plan?
A. The Legal Committee of the CLEAT Executive Board considers requests from individual members and also local associations for litigation which might benefit law enforcement in general or a local association. Such requests should be sent in writing, sent by fax, e-mail, or mail to the General Counsel. If there is a pending time deadline in which to appeal, please let us know. You will be advised quickly of the Legal Committee's decision.
Q. How do I reach a CLEAT staff attorney?
A. Emergencies (Shootings/Custodial Deaths/Critical Incidents) -- Call our statewide number 800-xxx-xxxx. The answering service will ask a brief series of questions to identify the emergency, then immediately call an on-call CLEAT staff attorney, who will then direct the most immediate response for the officer from our list of both staff and local, private attorneys.
Non-Emergency (Discipline or Legal Questions) -- Call our statewide number 800-xxx-xxxx or call the CLEAT office nearest to you (see list below).
Austin: 512-xxx-xxxx San Antonio: 210-xxx-xxxx Beaumont: 409-xxx-xxxx Fort Worth: 817-xxx-xxxx Houston: 281-xxx-xxxx El Paso: 915-xxx-xxxx
Q. Can I use an "outside" or "private" attorney?
A. Occasionally, a member prefers to employ a local, "outside" attorney, rather than a CLEAT staff attorney. That's okay, provided two pre-conditions are met. First, the attorney must provide us proof of malpractice liability insurance (to protect your interests if there is a problem in the representation). And, secondly, the attorney must agree to abide by our fee schedule for outside attorneys. Please refer the outside attorney to me and I'll make the necessary arrangements for his/her compensation.
Q. Will CLEAT represent me if I am sued because of conduct taken in the course and scope of my duties?
A. Yes, although Texas Local Government Code, Section 180.002 and Section 157.901, require cities and counties, respectively, to represent you in such matters. CLEAT will make sure your city attorney or county attorney does what they are supposed to do to represent you. If your city or county refuses to represent you, CLEAT will take up your representation.
Q. Will CLEAT provide a criminal attorney if I get arrested for an act conducted in the course and scope of my duties?
A. Yes. If you are charged, under state or federal law, with a criminal civil rights violation, such as official oppression or official misconduct, for acts or omissions arising out of the official performance of duty as a peace officer, correctional, public safety employee, CLEAT will represent you.
Q. Will CLEAT provide a criminal attorney if I get arrested for an act, other than official oppression or official misconduct conducted in the course and scope of my duties or committed off-duty?
A. Yes. If you are charged for any offense other than a civil rights violation or official misconduct, for acts or omissions which are alleged to have occurred during your official tour of duty and while you reasonably believed you acted as required by law as a peace officer, or while you reasonably believed you acted while off-duty as required by law as a peace officer. For example, while working off-duty security you observe an altercation, intervene to break it up, and one of the combatants files an assault charge against you. We would represent you.
Q. If I'm involved in a critical incident, like a shooting or custodial death, what should I do?
A. Call us immediately on our statewide emergency number: 800-xxx-xxxx! After consulting with your CLEAT attorney, you will submit a voluntary statement justifying the use of force and explaining the incident. Your CLEAT attorney will also assist you through the IAD investigation of the incident.
Q. Can I be forced to submit a response to a criminal investigation?
A. No! Respectfully request your Miranda warning and call your CLEAT attorney immediately.
Q. If I'm contacted by the FBI, should I cooperate?
A. No! The FBI does not issue Miranda warnings and their subjective "recollection" of the interview is admissible in federal court. You should tell the agent that you "stand by my report", give the agent the name of your CLEAT attorney, and terminate the interview.
Q. Can I be forced to submit a response to an IAD or administrative investigation?
A. Yes. The department can order you, as a condition of continued employment, to submit an IAD response. In your response you should always include the Garrity statement to prevent the statement's use in a later criminal investigation. Some departments permit your CLEAT attorney to participate in the IAD process, so call us--don't go it alone!
Q. Can I see a copy of the complaint against me before being interviewed?
A. Your department can "investigate" at any time. An "interrogation" should require a written, sworn complaint. Call us and together we will check your departmental policies, terms of your employee handbook, or protections under your collective bargaining agreement. Texas Government Code, Section 614.021 and 614.023 provide some limited protection for officers not otherwise protected by civil service.
Q. Can the department require me to take a polygraph?
A. The general rule is, yes. Call us so we can see what protections you may have under your departmental policies, collective bargaining agreement, or state civil service law (Austin, for example, has some protections stated in Local Government Code, Section 143.313). Importantly, you should not sign a "Voluntary Submission Release" the polygrapher will present to you before the polygraph. Write on the form that you are testing upon the order of the Chief or the Sheriff. The department may not like that, but that statement will give you protection in a later criminal investigation.
Q. Can I randomly be required to submit to a urine/blood/drug/alcohol test?
A. The general rule is, yes. Again, call us so we can review departmental policies and/or collective bargaining protections. If you are given such an order, you must comply, then grieve the order.
Q. Can my department regulate extra jobs?
A. Yes, an extra job is a privilege, not a right. If you are given an order preventing you from working an extra job, follow the order and contact us to see if we can grieve the order. We'll review your departmental policies to seek a remedy.
Q. Will CLEAT represent me in a promotional dispute?
A. When CLEAT members are competing with one another to obtain a promotion or assignment, or to establish a position on an eligibility list, or challenge the validity or accuracy of a promotional test question, CLEAT stays out of the dispute. WE WILL HELP YOU, HOWEVER, PURSUANT TO A STATE STATUTORY RIGHT, COLLECTIVE BARGAINING AGREEMENT, OR OTHER LOCAL APPEAL PROCESS SET UP BY CITY CHARTER, ORDINANCE, RULE OR PROCEDURE, TO APPEAL A PROMOTIONAL PASSOVER, OR SECURE DEPARTMENTAL COMPLIANCE WITH TIMELY PROMOTION INTO A VACANT POSITION. Again, call us with specific questions.
Q. Will CLEAT represent me in a Texas Workforce Commission (unemployment) hearing?
A. If there is an administrative hearing pending or litigation is anticipated, we may participate in the hearing as a discovery tool. Your CLEAT attorney will advise you of the strategy.
Q. Will CLEAT represent me in an EEOC/TCHRA complaint or a whistleblower lawsuit?
A. We will assist you in locating a private attorney, who might handle such a cause of action on a contingency fee basis. If the issue, however, is of great importance to your local association, or could be of importance to Texas law enforcement officers in general, the Legal Committee of the CLEAT Executive Board may consider taking up the cause of action as affirmative litigation.
Q. Will CLEAT represent me to challenge or appeal a question of fitness for duty, or to extend line of duty illness or injury leave, or pregnancy leave?
A. Yes, this is one of the most important actions with which we can assist you and your family. Call us as soon as the issue develops.
Q. Is my personnel file a public record?
A. Yes, but there are certain privacy exceptions to protect you and your family. Any sustained discipline will be included in your civil service file and be subject to public review. Call us if you believe the department is not complying to protect your privacy.
Sep 7 2007, 06:29 AM
