Did you know that membership in NYSASBO automatically qualifies you for legal assistance? Hopefully you will never need this service, but in the event that things change and you find yourself facing a legal battle, NYSASBO’s legal assistance program is a valuable resource.

The goal of the program is to support school business officials in their employment relationship with public school districts or BOCES by assuring due process through the provision of legal assistance to NYSASBO members.

Program

The Board of Directors has determined that an initial sum of money in the amount of $10,000 be set aside to provide support to members for legal proceedings that meet the criteria for assistance as outlined by this program. A minimum of $3,000 per year will be added annually on July 1.

The first $300 of such legal fees and expenses are not covered by the NYSASBO program. The individual's maximum eligibility entitlement, after the $300 deductible, will be determined as follows:

• $300 for initial membership year

• $300 for each additional year of continuous active membership as defined by the NYSASBO Constitution and By-Laws. Illustration: Member 21 Years Service 21 x $300 = $6300 Maximum Eligibility

• Assistance for any given individual may not exceed a maximum of 25% of the amount of money available at the time request for assistance is submitted. This cap (25%) may be adjusted by majority vote of the Board of Directors if they determine the case has statewide implications. Legal assistance shall be available to members without regard to race, creed, color, sex, marital status, age or handicap.

• After receiving assistance from the LAP, the maximum eligibility amount will be adjusted the subsequent calendar year by reducing the total amount of previous assistance. This adjusted amount will not be less than $300.

• Thereafter, the members maximum amount each membership calendar year will again be increased by $300 for each additional year of continuous membership - to a maximum of 25% of funds available.

Consideration of Requests

NYSASBO considers requests from LAP in the order they are received. Once the amount set aside to fund the LAP for any year has been spent, assistance will no longer be available during that year.

Criteria

• Member of NYSASBO at the time of occurrence leading to legal action, at the time of the actual legal action and at the time of the submission for assistance and the financial affidavit required by NYSASBO. The occurrence must have happened after February 1, 1999.

• NYSASBO LAP is secondary to all other sources which may be available including but not limited to any applicable insurance policy and or management decisions whose defense is properly the legal responsibility of the school district.

• NYSASBO does not specify any particular hourly rate for attorneys and will not use this as a basis for determining eligibility for assistance.

• If a request for assistance places NYSASBO in a position where the interest of two or more members of NYSASBO are in conflict, then NYSASBO reserves the right to determine whether or not to pursue the request.

• A member will be eligible to receive assistance only once per year for each legal proceeding.

Exclusions

• Collective bargaining

• Criminal actions, unless there is a verdict of acquittal

• Management decisions or other actions covered under Public Officers Laws

• Legal Fees which are personal in nature or not related to individual's employment

Procedures for Requesting Assistance

• Notify NYSASBO via Phone, fax or in writing that you may need legal assistance and request necessary forms.

• Complete and return form provided.

• Upon receipt of form, NYSASBO Executive Director shall review all information in relation to LAP policies, procedures and criteria and determine eligibility for assistance, as well as the maximum eligibility entitlement for the individual.

• If eligible, NYSASBO will send a LAP information and Financial Affidavit for you to complete.

• Once NYSASBO receives completed LAP information and Affidavit signed by you and your attorney guaranteeing the expenditure to and receipt by the attorney of the $300 deductible and certifying remaining fees and expenses due the attorney, NYSASBO will review, verify and, if payment is approved, shall issue a check in the appropriate amount.

• If you are determined ineligible, NYSASBO will notify you in writing with a statement of reasons for disapproval.

• False or erroneous information will render your request null and void.