BPSA Legal Coverage

The Border Patrol Supervisors Association is a professional organization that provides Legal Defense Coverage for its members. Legal Defense Coverage is provided through membership in PORAC. “The PORAC Legal Defense Fund is the nation’s largest and most successful Legal Defense Fund; run by and for peace officers” - LDF web site.

Benefit Plan I - Civil, Criminal and Administrative Actions

A Participant whose Member Association has chosen Benefit Plan I shall be entitled to the following services:

(a) Legal representation in any civil or criminal action and representation by a Panel Attorney or Panel Field Representative in an administrative disciplinary action 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 administrative 17 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.

(b) Representation by a Panel Attorney or Panel Field Representative in any departmental administrative investigation or informal non-adversary pre-disciplinary hearing, e.g., a Skelly hearing, if the action arose from an act or omission of the Participant not within the scope of his or her employment.

(i) Expanded Non-Scope Coverage Option –— Each Member Association which has applied for benefits under Benefit Plan I shall be entitled to elect additional coverage to supplement section 1(b) of this article. This additional coverage shall continue up to and including the hearing on an appeal from the discipline, including arbitration or a civil service commission hearing, but coverage shall not extend to any form of post- hearing appeal, including judicial review.

(c) All customary, necessary, and reasonable services related to an action described in subsection (a), (b) or (b) (i) hereof, including where it appears reasonably probable that such an action will be commenced.