Defense Cost Reimbursement. Subject to the provisions set forth below, the Employer agrees to reimburse an employee for reasonable, usual, and customary legal fees incurred as a direct result of a criminal investigation or criminal charges arising out of the employee’s involvement in actions in the performance of his/her duty. Reimbursement will not be made if: (1) the employee is convicted (by verdict or plea) of any criminal charges arising out of the incident; or (2) the Employer sustains disciplinary charges on the basis of the employee’s actions that formed the basis of possible criminal liability, and the disciplinary charges are sustained upon final appeal; or (3) the employee resigns before a final determination on a disciplinary charge is made. The following provisions shall apply to reimbursement under this Section:
A. Reimbursement shall be made only at the conclusion of all criminal and disciplinary proceedings against the employee that arise out of the incident.
B. The defense costs subject to Employer reimbursement shall begin to accrue only after: (1) either the Employer or an official of another law enforcement agency conducting an investigation notifies the subject employee that a statement or interview (voluntary or otherwise) is requested; or (2) criminal charges are filed against the subject employee.
C. The maximum amount of defense costs subject to reimbursement under this Section is five thousand dollars ($5,000); provided, however, that the Chief retains the right to reimburse defense costs in excess of such amount on a case by case basis at the Chief’s sole discretion.
D. If the Attorney General’s office assumes representation of a subject employee under RCW 10.01.150, the Employer’s obligation under this Section shall be limited to the amount of costs incurred before the date representation by the Attorney General’s office commenced, up the maximum amount in Subsection 23.6 C above.
E. Prior to reimbursement being required, the Employer shall be presented with an itemized, detailed invoice from the attorney. If the Employer believes the charges exceed a reasonable, customary, and usual amount, the Employer may submit the invoice to the Washington State Bar Association for review. The decision of the Bar Association as to a reasonable amount shall determine the Employer’s reimbursement obligation under this Agreement.
Defense Cost Reimbursement. Subject to the provisions set forth below, the Employer agrees to reimburse an employee for reasonable, usual, and customary legal fees incurred as a direct result of a criminal investigation or criminal charges arising out of the employee’s involvement in actions in the performance of his/her duty. Reimbursement will not be made if: (1) the employee is convicted (by verdict or plea) of any criminal charges arising out of the incident; or (2) the Employer sustains disciplinary charges on the basis of the employee’s actions that formed the basis of possible criminal liability, and the disciplinary charges are sustained upon final appeal; or
Defense Cost Reimbursement.
A. Reimbursement shall be made only at the conclusion of all criminal and disciplinary proceedings against the employee that arise out of the incident.
B. The defense costs subject to Employer reimbursement shall begin to accrue only after: (1) either the Employer or an official of another law enforcement agency conducting an investigation notifies the subject employee that a statement or interview (voluntary or otherwise) is requested; or (2) criminal charges are filed against the subject employee.
C. The maximum amount of defense costs subject to reimbursement under this Section is five thousand dollars ($5,000); provided, however, that the Chief retains the right to reimburse defense costs in excess of such amount on a case by case basis at the Chief’s sole discretion.
D. If the Attorney General’s office assumes representation of a subject employee under RCW 10.01.150, the Employer’s obligation under this Section shall be limited to the amount of costs incurred before the date representation by the Attorney General’s office commenced, up the maximum amount in Subsection 23.6 C above.
E. Prior to reimbursement being required, the Employer shall be presented with an itemized, detailed invoice from the attorney. If the Employer believes the charges exceed a reasonable, customary, and usual amount, the Employer may submit the invoice to the Washington State Bar Association for review. The decision of the Bar Association as to a reasonable amount shall determine the Employer’s reimbursement obligation under this Agreement.
