In the event any regular member of ACSA needs assistance involving an ethical question or a legal question pertaining to the following: breach of employment contract, tenure rights, credential problems, dismissal, demotion, salary policy disputes, suspension, criminal charges related to the performance of professional duties, he or she can contact a Professional Standards Advocate at 800.608.ACSA.
If the circumstances warrant further assistance, the Professional Standards Advocate will handle the matter and recommend what course of action should be taken. In some instances the matter can be resolved through administrative remedies; however, if it is necessary to involve legal counsel the member will make application for direct legal assistance.
A person requesting legal assistance must have been a regular ACSA member in good standing for six months at the time his/her problem arose.
For ACSA members who are represented by a collective bargaining unit, legal assistance or professional standards services shall be granted only when the request relates to an issue which is not included in a collective bargaining agreement or is not subject to the rules and regulations of PERB and meets the requirements for legal assistance or professional standards services.
Consolidated members are not eligible for legal assistance.
Direct Legal Assistance Procedures
If the foregoing professional assistance has not resolved the problem, the member may make application for direct legal assistance. If the member's problem meets the criteria for legal assistance and his/her application is approved, the following procedures apply:
1. Panel Attorneys
ACSA has contracted with attorneys in various parts of the state who are experienced in school law matters (panel attorneys). The legal assistance plan provides that the member will utilize the services of one of the panel attorneys. Ordinarily, the member will be referred to the panel attorney in his/her geographical region.
Direct legal assistance may, and often does, take the form of telephone consultation. In any event, all legal advice, regardless of form, shall be charged to the member.
2. Non-Panel Attorneys
The Professional Standards Advocates, with the approval of the Executive Director, or his designee, may approve the use of non-panel attorneys in limited instances where in their judgment geographic or emergency conditions warrant such authorization. Legal assistance when authorized in such cases shall be limited to a maximum of $2,000 based on ACSA providing not more than sixty percent (60%) of appropriate legal costs. Members authorized to use non-panel attorneys shall be responsible for all billings from and payments to their attorneys. Upon receipt of paid statements from such attorneys, ACSA will reimburse to the member sixty percent (60%) of authorized costs.
3. Preliminary Consultation (2 hours)
The program provides that the first two hours of direct legal assistance, when authorized, be provided the member at no charge.
Legal assistance without charge to members who are involved in a common concern shall be limited to two (2) hours for the first member and fifteen (15) minutes for each additional member to a maximum of eight (8) hours. Such assistance shall be limited to consultation to determine if further legal action or litigation is necessary.
4. Further Legal Assistance
If legal assistance beyond two hours is necessary, the Professional Standards Advocate, with the approval of the Executive Director, or his designee, may approve additional legal assistance to a maximum of $1000 (ACSA involvement). ACSA will bear 60% of the authorized costs and the member will bear 40% of such costs. Example: Based on a 60%/40% split, attorney would bill a maximum of $1,667, with ACSA paying $1,000 and the member paying $667.
When such additional assistance is authorized, the member will be notified by telephone or mail. The member shall then make arrangements with the assigned attorney for the payment of his/her share (40%) of all attorney fees and costs. The attorney shall submit a total billing to ACSA stipulating that portion to be paid by the member (40%) and that portion to be paid by ACSA (60%). The member and the Association shall be responsible for making their respective payments directly to the attorney.
The member shall assume the responsibility for all legal fees and costs which exceed any amount authorized by the Association, and shall sign a Legal Assistance Agreement. Release of ACSA’s share of attorney’s fees is contingent upon the receipt of this signed agreement.
In no event shall ACSA bear any additional costs of legal assistance attributable to a promise of punitive damages; the attorney shall bill the member for all such additional costs and the member shall be responsible for full payment of all such additional costs.
5. Protracted Legal Assistance
Protracted legal assistance may be authorized in cases where Further Legal Assistance is not sufficient to resolve the problem. Normally, protracted assistance will only occur in litigation cases.
When the Professional Standards Advocate believes that protracted assistance is indicated, he/she shall refer the matter to the Executive Committee.
Following approval by the Executive Committee, ACSA shall bear sixty percent (60%) of additional legal fees and costs (not to exceed $4,000) and the member shall bear forty percent (40%).
When such additional assistance is authorized, the member will be notified by telephone or mail. The member shall then make arrangements with the assigned attorney for the payment of his/her share (40%) of all attorney fees and costs. The attorney shall submit a total billing to ACSA stipulating that portion to be paid by the member (40%) and that portion to be paid by ACSA (60%). The member and the Association shall be responsible for making their respective payments directly to the attorney.
The member shall assume responsibility for all legal fees and costs that exceed any amount authorized by the Association, and shall sign a Legal Assistance Agreement. Release of ACSA’s share of attorney’s fees is contingent upon the receipt of this signed agreement.
Eligible members with ten years, or less, as an ACSA member shall be eligible for a maximum of $5,300. Beginning in year eleven, members shall be eligible for a maximum of $500 of legal assistance for each year of ACSA membership. All requests for protracted legal assistance remain under the purview of the Executive Committee.
6. Contingent Reimbursement Plan
In the event the member obtains a successful resolution before any tribunal, and ACSA has contributed legal assistance funds in excess of $4,500 to the member pursuant to these guidelines, the member shall reimburse ACSA any amount above $4,500 out of the proceeds of an award, whether or not designated as a sum payable for attorney fees, so that ACSA will continue to be able to provide legal assistance to other members as required.
APPENDIX A
Legal Assistance Plan: Scope and Criteria
A. Scope
Legal assistance may be provided to members for employment-related problems including: (1) breach of employment contract, (2) tenure rights, (3) credential problems, (4) dismissal, (5) demotion, (6) salary policy disputes, (7) suspension, and (8) criminal charges related to the performance of professional duties.
B. Criteria
To qualify for legal assistance, the member's problem must also meet the following criteria:
1. Due process. The primary goal of the ACSA legal assistance program is to assure that each member is accorded due process of law in connection with the employment-related problem set forth above. The first criterion, therefore, is the extent to which the member has been accorded due process.
2. Professional significance. A secondary and related criterion is professional significance. That is, the extent to which the member's problem significantly affects the profession as a whole either as a matter of legal precedent or otherwise.
3. Appropriateness of the legal remedy. A third criterion is the appropriateness of the legal remedy in the circumstances of the case.
4. Member's conduct. The member shall demonstrate that he/she has acted in accordance with professionally acceptable behavior and ethics.
5. Eligibility. The applicant must have been a regular ACSA member in good standing for six months at the time his/her problem arose.
6. Other legal assistance. Where the member is provided funds and/or legal representation or assistance from ACSA in excess of $4,500, the member shall reimburse ACSA any amount above $4,500 out of the proceeds of an award, whether or not designated as a sum payable for attorney fees.